TERMS AND CONDITIONS OF USE

Welcome to www.barjacdemar.com (“our Site”). These Terms and Conditions of Use govern the access to and use of our Site. By accessing to and using our Site as well as the purchase of products on our Site, you are deemed to have fully read, understood and accept these Terms and Conditions of Use. You should read these Terms and Conditions of Use carefully before making any further use of our Site. Our Site is managed and maintained by UD ABE FASHION, with registered offices INDONESIA ("UD ABE FASHION").

If you need further information or assistance, go to the Customer Care section of our Site, where you will find information on ordering or purchase of products, shipment, refunds and return of products purchased on our Site, tips and other general information on the services provided by our Site. You should read them carefully before making use of our Site to make any purchase.

For any other legal information, go to the sections: Terms and Conditions of Sale, Terms and Conditions of Return and Privacy Policy on our Site. You should read them carefully before making any further use of our Site. Please do not use our Site if otherwise. You are wholly responsible for the use of our Site by any person using your computer, and you must ensure that any such person complies with these Terms and Conditions of Use. UD ABE FASHION may at any time at its discretion amend, modify, supplement or update all or any part of these Terms and Conditions of Use without prior notice. Any amendments, modifications, supplements or updates of these Terms and Conditions of Use shall be posted on the Home Page of our Site as soon as such amendments, modifications, supplements or updates have been made and they shall be binding as soon as they are published on our Site. Therefore, you should regularly access our Site in order to read the most recent and up-to-date version of these Terms and Conditions of Use of our Site prior to browsing our Site. If you do not agree to all or part of these Terms and Conditions of Use, please do not use our Site.

The access to and use of our Site, including display of web pages, communication with UD ABE FASHION, downloading product information and making purchases on our Site, are carried out by our users exclusively for private use and personal purposes, which should in no way be connected to any trade, business or professional activities. The contents of our Site shall not be used or reproduced whether in whole or in part for any other purposes or for any direct commercial gain. Remember that you will be liable for your use of our Site and its contents. UD ABE FASHION shall not be considered liable for any use of our Site and its contents made by its users that is not in compliance with any applicable laws and regulations in force, save and except to the content that it is caused by the gross negligence on the part of UD ABE FASHION.

In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (unless prior consent and instructions from such third parties has been obtained), as well as for any improper use of such data or information.

1. PERSONAL INFORMATION COLLECTION STATEMENT

1.1 UD ABE FASHION and its group companies (for a list you may contact Customer Service on our Site) (if the context so permits collectively or individually referred to as “we” or “us” or “our”) will use your personal data for the purpose of providing the services you subscribed, credit checking, facilitating your use of our Site, keeping you informed of our latest news and offers, administration, assessment and analysis, marketing , analysing your purchase preferences, improving our services and any other legitimate purposes as may be specified in the Privacy Policy on our Site. We may also disclose your information to our service providers and agents for these purposes, as well as to other parties as specified in our Privacy Policy. It will be conducted in accordance with the applicable laws.
1.2 Please read the Privacy Policy carefully. The Privacy Policy applies when you visit or surf our Site with or without purchasing any product. By using our Site you are deemed to have accepted our terms and practices as described in the Privacy Policy. If you do not accept the terms or practices as described in the Privacy Policy, please do not use our Site.
1.3 We realize the importance of your privacy. We will not collect or use your personal data unless you provide the same to us voluntarily. However, if you choose not to provide your personal data to us or do not consent to our use of your personal data for the purposes set out in the Privacy Policy, you may not be able to purchase or receive the product or service you wish to order on our Site or otherwise register on or use our Site.
1.4 We would like to share your information with organizations who are our business partners. We and/or they may contact you by email, mail or SMS text message about products, services, business promotions or other marketing information which may be of interest to you. If you would like to be so contacted, please tick the box indicated below.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, all contents and materials included on our Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software and all the intellectual property rights therein (collectively, “the Site Content”), are the property of Barjac de Mar and UD ABE FASHION and are protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Site Content without the prior express written consent of Barjac de Mar and UD ABE FASHION.

Barjac de Mar and UD ABE FASHION shall jointly and severally have the exclusive right to authorize or prohibit any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Site Content. Barjac de Mar and UD ABE FASHION shall jointly and severally have the right, at any time, to claim the authorship of any Site Content posted on our Site and to object to any use, distortion or other modification of the Site Content.

Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Site Content expressly authorized in writing by Barjac de Mar and/or UD ABE FASHION shall only be carried out for lawful purposes and strictly within the ambit of such authorization only and in compliance with all applicable laws.

3. LINKS TO OTHER WEBSITES

If our Site is linked to or provides hyperlinks to other websites of third parties (the external web sites), your access to and use of the external websites will be at your own risk and subject to the terms and conditions of such external websites, to which UD ABE FASHION is in no way responsible. By providing hyperlinks to the external websites, it does not mean UD ABE FASHION recommends, endorses or in any way connected with the contents of the external websites or any goods or services offered, sold or provided thereon. UD ABE FASHION is not a party to any contractual agreement or arrangement made between you and the providers/operators of the external websites, unless UD ABE FASHION has expressly specified in our Site. UD ABE FASHION disclaims all liability for any direct, indirect or consequential loss or damage incurred by your use of any external websites or by any reliance placed by you on any information posted on any external websites. UD ABE FASHION does not control or monitor the external websites or their contents. Please therefore pay attention when you access these external websites through the links provided on our Site and carefully read their terms and conditions including but not limited to their terms and conditions of use and their privacy policies.

4. LINKS TO OUR SITE

Please contact UD ABE FASHION at the Customer Care section on our Site if you are interested in linking the Home page of our Site and other web pages which can be publicly accessible. You are requested to contact UD ABE FASHION to request for its prior written consent to linking our Site. UD ABE FASHION has the absolute and unfettered discretion to grant links to our Site upon such terms as UD ABE FASHION may consider appropriate. Without prejudice to the generality of the aforesaid, UD ABE FASHION is entitled at any time to object to any links or the continuation of any links to our Site in the event that the party who intends to activate links to our Site has in the past adopted, or shall adopt, unfair commercial or business practices which are not generally adopted or accepted by the market operators, or has made or shall make unfair competition activities vis-à-vis UD ABE FASHION, its group companies or its business partners, or when UD ABE FASHION believes it is likely that such unacceptable practices or such unfair activities would be adopted by such party in the future. In any event, it is forbidden to post deep links (such as deep frames) to our Site or to use unauthorized meta-tags without UD ABE FASHION prior written consent.

5. DISCLAIMERS AND CONTENT

UD ABE FASHION does not warrant that the contents of our Site are appropriate or lawful in countries or jurisdictions outside Indonesia. However, in the event that such contents are deemed to be unlawful or illegal in some of these countries or jurisdictions, please do not access or use our Site and, where you nonetheless choose to access or use it, we hereby inform you that your access to and/or use of the services provided by our Site shall be entirely at your exclusive and personal responsibility. While UD ABE FASHION will take steps to ensure that the contents and information contained in or appearing on our Site are accurate and up-to-date, no representation or warranty whatsoever is given as to their accuracy, completeness or timeliness. UD ABE FASHION expressly reserves the absolute right to change, correct, update or supplement the contents (or any part thereof) and/or any information contained in or appearing on our Site at any time without prior notice. Due to the nature of the Internet, the use of our Site may be subject to interruption, transmission blackout, delayed transmission or incorrect data transmission. UD ABE FASHION shall not be liable for any interruption or malfunction in communication facilities that may affect the accuracy or timeliness of messages or transactions that you send via our Site. UD ABE FASHION further has the right at any time to stop or suspend access to or use of our Site for maintenance, security or technical reason, or for compliance with any laws or regulations or orders of any competent court or authority, or for any other suspicious circumstances relating to the use of our Site. UD ABE FASHION shall not in any way be liable for any unavailability of our Site due to any of such reasons at any time for any period. In the event you encounter any problem in using our Site, please contact UD ABE FASHION at the Customer Care section on our Site. UD ABE FASHION representative will be at your disposal to try to assist and help you to restore your access to our Site, as far as possible. At the same time, please contact your Internet services provider or check that each device for Internet connection and access to web content is correctly activated, including your Internet browser. In addition, UD ABE FASHION does not represent or warrant that no virus or other contaminating or destructive or otherwise inappropriate properties will be transmitted, or that no damage will occur to your computer system. UD ABE FASHION also does not represent or warrant the accuracy, performance, functionality and security of any third party software which may be used in connection with our Site. While UD ABE FASHION has adopted technical and organizational security measures to protect services on our Site, integrity of data and electronic communications in order to prevent unauthorized use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non-confidential information regarding users of our Site, and to avoid unauthorized or unlawful access to such data and information, you should take appropriate steps to and be responsible for adequate protection and back up of data of your computer and other equipment and to adopt appropriate precautions to scan and protect your computer from computer viruses and other contaminating or destructive or otherwise inappropriate properties. You should also keep your personal information and data properly secured from unauthorized use, to enure that no third party may use your personal information and data to access or use our Site or to effect or vary any transaction on our Site.

6. OUR BUSINESS POLICY

UD ABE FASHION has adopted a business policy; its mission consists of selling products through our Site to "consumer" only. "Consumer" shall mean any natural person who does not make the purchase of products in the course of a business, nor for the purpose of any trade or professional activities. If you are not a consumer, please do not use our Site for purchasing products. UD ABE FASHION shall be entitled at its absolute and unfettered discretion and at any time to object to, withhold, suspend or cease the processing or further processing of purchase orders from persons other than consumers, or to any other purchase order which does not comply with the Terms and Conditions of Sale and these Terms and Conditions of Use.

7. OTHER GENERAL MATTERS

7.1 You are not entitled to assign any of your rights and obligations under any contract you made with UD ABE FASHION on our Site without the prior written consent of UD ABE FASHION. UD ABE FASHION may assign any of its rights or obligations to any other party at any time.
7.2 These Terms and Conditions of Use shall be binding upon and endure to the benefits of your personal representatives, estate, successors in title or permitted assigns, and also to the successors in title and assigns of UD ABE FASHION.
7.3 Save as otherwise expressly provided in these Terms and Conditions of Use or other terms and conditions on our Site and to the extent that may be so expressly provided therein, the Contracts (Rights of Third Parties) Ordinance, Chapter 623 of the Laws of Indonesia shall not apply to any contract made between you and UD ABE FASHION for the purchase of any products on our Site.

8. GOVERNING LAW

These Terms and Conditions of Use are governed by and shall be construed in accordance with the laws of Indonesia and the Indonesia Courts shall have non-exclusive jurisdiction to settle or determine any dispute or claim (including non-contractual disputes or claims) arising out of and in connection with these Terms and Conditions of Use or the use of our Site or any sale and purchase transactions effected by the use of our Site.

9. AMENDMENTS AND UPDATED

These Terms and Conditions of Use may be amended, modified or supplemented from time to time by UD ABE FASHION without any prior notice. Unless otherwise specified, the amended, modified or supplemental Terms and Conditions of Use shall be effective as of the date of publication on our Site.

TERMS AND CONDITIONS OF SALE

The following Terms and Conditions of Sale govern the offer and sale of products on "www.poupettestbarth.com" (“our Site”). You should read these Terms and Conditions of Sale carefully before making any purchase on our Site. The products purchased on our Site are directly sold by UD ABE FASHION, with registered offices Unit C 8/F King Palace Plaza N°55 King Yip St Kwun TongIndonesia(“UD ABE FASHION”). Requests for information should be made by contacting UD ABE FASHION at the Customer Care section on our Site. For additional legal information go to the Customer Care section on our Site. There you can find information on orders, shipments, refunds and returning products purchased on our Site. For any other legal information, go to the sections: Terms and Conditions of Use, Privacy Policy and Terms and Conditions of Return on our Site.

1. OUR BUSINESS POLICY

1.1 The products for sale on our Site and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers"
1.2 "Consumer" shall mean any natural person who does not make the purchase of products in the course of a business, nor for the purpose of any trade or professional activities. If you are not a Consumer, please do not buy any products on our Site.
1.3 UD ABE FASHION reserves the right not to process orders received from users who are not "Consumers", and any other order which does not comply with this business policy.
1.4 These Terms and Conditions of Sale exclusively regulate the transmission and acceptance of purchase orders relating to products on our Site between the users of our Site and UD ABE FASHION. All purchases to be made on our Site are governed by these Terms and Conditions of Sale.
1.5 These Terms and Conditions of Sale however do not regulate the supply of services or the sale of products performed by third parties that are on our through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, UD ABE FASHION recommends that you should carefully the third party's terms and conditions to ensure that you understand and accept them, since UD ABE FASHION is not in any way connected with and shall not be liable under any circumstances for the sale of products or supply of services provided by third parties, or for the execution of e-commerce transactions between the users of our Site and third parties.

2. HOW TO EXECUTE A CONTRACT WITH UD ABE FASHION

2.1 In order to place an order for the purchase of one or more products on our Site, you must add the selected items to “MY CART” in which information of all the products you have selected to purchase will be shown like each product’s name, size, prints, fabric, price and quantity, as well as other information like the sub-total, delivery fee payable (if any), the discount code (if applicable) and the final total. You must read and check carefully to ensure that they are all correct. It is your sole responsibility to check and ensure that your order (including all the aforesaid information) is correct. After checking and if you confirm the correctness thereof, you may click “CHECK OUT” and proceed to select the payment method and provide the shipment details, following the relevant instructions contained therein. Please note that all purchases of our products online through the use of our Site are not applicable to Hong Kong, as UD ABE FASHION does not ship or sell any product to Hong Kong. If you are making a purchase from Indonesiaor requiring the products that you wish to purchase to be shipped to Hong Kong, please do not use our Site.
2.2 An order shall be deemed to have been submitted after you complete all the payment and shipment information required therein and click “PAY NOW”.
2.3 Receipt of your order will be confirmed by email to your email address as provided in your order (“your designated email address”) setting out the order number, your order summary and your information. If you do not receive this order confirmation, it means that your order may not have been received by UD ABE FASHION or some problems may have arisen in payment or the information you provided. You may contact NAME at the Customer Care section on our Site if you do not receive our order confirmation.
2.4 Please note that our order confirmation is only a confirmation that your order has been received by UD ABE FASHION. It does not constitute acceptance of your order by UD ABE FASHION. UD ABE FASHION expressly serves the absolute right at any time after receipt of your order to either accept or reject your order for whatever reason as UD ABE FASHION may see fit. If your order is rejected, you will be notified as soon as practicable and in any case not exceeding thirty (30) days from the date of the order confirmation given by UD ABE FASHION through your designated email address, with or without any reason given. Once your order is rejected, UD ABE FASHION shall not be obliged to further process or fulfil your order, and if any payment has already made by you for the order, it will be refunded to you within thirty (30) days after the notice of rejection is given to you. If you do not receive any notice from UD ABE FASHION that your order is rejected within thirty (30) days after you receive the order confirmation from UD ABE FASHION, then your order will be deemed to have been accepted by UD ABE FASHION, subject to other provisions of these Terms and Conditions of Sale.
2.5 Without prejudice to the generality of paragraph 2.4 above, please note that the products sold on our Site will be subject to availability. If any product which you ordered is no longer available, you will be notified by UD ABE FASHION as soon as practicable through you designated email address and, in such case, UD ABE FASHION shall no longer be obliged to further process or fulfil your order for such product, and if any payment has already made by you for the order, it will be refunded to you within thirty (30) days after the notice from UD ABE FASHION that such product is not available is given.
2.6 By submitting an order through our Site, you unconditionally accept and undertake to observe the provisions of these Terms and Conditions of Sale as well as all the other terms and conditions as are contained on our Site, including also but not limited to the Terms and Conditions of Use, Terms and conditions of Return and Privacy Policy. Should you not agree with any of such terms and conditions, please do not submit your order for the purchase of products on our Site.

3. PRODUCTS’ TRADEMARK AND STANDARD

3.1 Only products marked with the UD ABE FASHION trademark will be offered on our Site.
3.2 UD ABE FASHION does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
3.3 The main characteristics of products are shown on our Site on each product page. The products as shown on our Site may not exactly correspond to the real garments in terms of image and colors due to the Internet browser or monitor used.
3.4 All products shall come with an identification tag attached with a disposable seal. Do not remove the tag or seal from the purchased products should you wish to return the purchased product.
3.5 Should you decide to exercise your right to return purchased products, UD ABE FASHION expressly reserves the right not to accept returned products that are returned without the corresponding tag or seal or that have been altered from their original status or damaged.

4. PAYMENTS

4.1 Payment of the product prices and relevant shipping costs must be made by using PayPal, Apple Pay or credit or debit card. You should fill in the requisite information when you complete the “CHECK OUT” procedures on our Site.
4.2 In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol, without third parties having any access thereto whatsoever. Such details will not be used by the UD ABE FASHION except for performing the procedure relevant to your purchase or issuing refunds in the case of rejection of your order or for returns in compliance with the exercise of your return right or for reporting cases of fraud or illegal activities or suspected fraud or suspected illegal activities to the relevant authorities. The price for the purchase of products and the corresponding shipping costs, as indicated in the order you submitted on our Site, will be charged to your account only when the purchased products are actually shipped.

5. CUSTOMS AND DUTIES

5.1 Neither the prices of the products nor the shipping charges you pay us (if any) include customs fees, import taxes, brokerage fees or duties. Normally, UD ABE FASHION will pay for the customs fees (like taxes, duties, processing fees, brokerage fees etc.) (“the customs fees”).
5.2 However, it is possible that for certain destination countries, upon arrival, the contents of your order may be subject to customs fees for which the recipient of the order is responsible. UD ABE FASHION will refund to you the customs fees incurred and paid by you on your order after you have taken delivery of the products ordered and upon your production of such supporting documents like custom receipts, custom brokerage receipts and/or such other documents as UD ABE FASHION may require or specify for verification.The customs fees for your order depend on the destination country. If custom fees apply in your country and UD ABE FASHION is able to calculate these fees for you, they will be added to the total before you complete your order but it will be refunded to you upon your production of the supporting documents as aforesaid. For countries where custom fees apply but UD ABE FASHION cannot calculate them, the total amount calculated by the “CHECK OUT” procedures on our Site will not include the custom fees, and you will be required to pay them to the courier upon delivery, but it will be refunded to you upon your production of the supporting documents as aforesaid. For this reason we recommend that you refer to the relevant local customs office for more details about the applicable custom fees of your country or the country of delivery before placing an order.
5.3 Should you refuse to take delivery of the products you ordered or should you refuse to pay the custom fees when the products you ordered arrive, the shipment will be returned to UD ABE FASHION who will then be charged the custom fees to import in the country of origin. If you take delivery of the products you ordered and pay the custom fees upon delivery, we will refund to you this amount.
5.4 Customs processing may delay the delivery of your order. Should you experience such delays please check with your local Customs offices. The invoice for the custom fees may arrive weeks after you take delivery of the products you ordered, separately from the same.

6. SHIPPING AND DELIVERY OF THE PRODUCTS

6.1 When the products you ordered are shipped, you will receive a notification through your designated email address together with a tracking link to enable you to track the shipment.
6.2 After the products you ordered are delivered, an email will be sent to your designated email address confirming the delivery and the products delivered.
6.3 For specific product shipping and delivery procedures go to the Customer Care section on our Site. Please read the provisions there carefully, as they will form an integral part of these Terms and Conditions of Sale. They shall be deemed to have been fully read and accepted by you at the time your order is sent on our Site.

7. CUSTOMER CARE

Please contact the Customer Care section on our Site for further information.

8. RETURN OF PRODUCTS AND REFUND PROCEDURES

Return of products you ordered may be made within thirty (30) days from the delivery date. For further information on return of products, please see the Terms and Conditions of Return on our Site, which shall form an integral part of these Terms and Conditions of Sale. They shall be deemed to have been read and accepted by you at the time your order is sent. Please therefore read them carefully before you make you purchase and send UD ABE FASHION your order. Return of products can only be made in compliance with the requirements and procedures as set out therein.

9. PERSONAL INFORMATION COLLECTION STATEMENT

9.1 UD ABE FASHION and its group companies (for a list you may contact Customer Service on our Site) (if the context so permits collectively or individually referred to as “we” or “us” or “our”) will use your personal data for the purpose of providing the services you subscribed, credit checking, facilitating your use of our Site, keeping you informed of our latest news and offers, administration, assessment and analysis, marketing , analysing your purchase preferences, improving our services and any other legitimate purposes as may be specified in the Privacy Policy on our Site. We may also disclose your information to our service providers and agents for these purposes, as well as to other parties as specified in our Privacy Policy. It will be conducted in accordance with the applicable laws.
9.2 Please read the Privacy Policy carefully. The Privacy Policy applies when you visit or surf our Site with or without purchasing any product. By using our Site you are deemed to have accepted our terms and practices as described in the Privacy Policy. If you do not accept the terms or practices as described in the Privacy Policy, please do not use our Site.
9.3 We realize the importance of your privacy. We will not collect or use your personal data unless you provide the same to us voluntarily. However, if you choose not to provide your personal data to us or do not consent to our use of your personal data for the purposes set out in the Privacy Policy, you may not be able to purchase or receive the product or service you wish to order on our Site or otherwise register on or use our Site.
9.4 We would like to share your information with organizations who are our business partners. We and/or they may contact you by email, mail or SMS text message about products, services, business promotions or other marketing information which may be of interest to you. If you would like to be so contacted, please tick the box indicated below.

10. FORCE MAJEURE

Any failure or delay in the performance of any order placed by you caused by a force majeure event, including but not limited to acts of God, blackouts, power failures, fire, explosions, floods, hurricanes, typhoons, earthquakes, tsunami, strikes, labour or materials shortages, accidents, acts of sabotage, riots, wars, demonstrations, civil or social unrest or disturbances, acts of terrorism, COVID-19 or other health and safety restrictions or measures or other causes beyond the reasonable control of the parties shall not constitute a breach of the contract.

11. OTHER GENERAL MATTERS

11.1 You are not entitled to assign any of your rights and obligations under any contract you made with UD ABE FASHION on our Site without the prior written consent of UD ABE FASHION. UD ABE FASHION may assign any of its rights or obligations to any other party at any time.
11.2 These Terms and Conditions of Sale shall be binding upon and enure to the benefits of your personal representatives, estate, successors in title or permitted assigns, and also to the successors in title and assigns of UD ABE FASHION.
11.3 Save as otherwise expressly provided in these Terms and Conditions of Sale or other terms and conditions on our Site and to the extent that may be so expressly provided therein, the Contracts (Rights of Third Parties) Ordinance, Chapter 623 of the Laws of Indonesiashall not apply to any contract made between you and UD ABE FASHION for the purchase of any products on our Site.

12. GOVERNING LAW

These Terms and Conditions of Sale are governed by and shall be construed in accordance with the laws of Indonesiaand the IndonesiaCourts shall have non-exclusive jurisdiction to determine or settle any dispute or claim (including non-contractual disputes or claims) arising out of and in connection with these Terms and Conditions of Sale or the use of our Site or any sale and purchase transactions effected by the use of our Site.

13. AMENDMENTS AND UPDATES

These Terms and Conditions of Sale may be amended, modified or supplemented from time to time by UD ABE FASHION without prior notice. The amended, modified or supplemental Terms and Conditions of Sale shall be effective as of the date of publication on our Site.