Terms & Conditions
01. Introduction, Applicability and Acceptance of the Terms and Conditions
1.1 Prym Intimates Hong Kong Ltd., 2/F, Sunking Factory Building No. 1-7 Shing Chuen Road, Tai Wai, N.T., Hong Kong, P.R. China (hereinafter also referred to as “mysoftseal.com”, or “We”) operates an e-commerce store (hereinafter also referred to as the “Online Store“). The Online Store can be accessed via the website https://www.mysoftseal.com (hereinafter also referred to as “Website“).
1.2 These terms and conditions (hereafter also referred to as “Terms and Conditions”) govern the legal relationship between the Customer (hereinafter also referred to as “You” or the “Customer”) and mysoftseal.com. If the Customer orders products form the Online Store, the Customer declares that it understands and accepts these Terms and Conditions in the version applicable at the time of ordering.
1.3 No other terms and conditions shall apply, including the terms contained in the Customer’s general terms and conditions or referred to by the Customer, whether or not such terms conflict with or supplement these Terms and Conditions and regardless of whether or not the Customer has explicitly objected to such terms. Terms departing from these Terms and Conditions shall only apply if confirmed in writing by mysoftseal.com.
1.4 The Website is a business-to-business (“b2b”) Online Store and is directed exclusively at Customers purchasing goods in connection with their business operations for commercial purposes. This Online Store is not intended for consumers. With their registration, Customers assure that they act commercially.
1.5 Our servicing countries are: Spain, Italy, France, Germany and United Kingdom.
02. Changes to the Terms and Conditions and the Website
We reserve the right to amend the Website and these Terms and Conditions at any time. Customers will be informed about amended Terms and Conditions on the Website, notification by e-mail or by other suitable means. In any case, the Terms and Conditions applicable at the time of ordering shall apply to the respective orders.
03. Registration Process
3.1 For purchasing products from the Website Customers must register by creating a customer account. Customers have no right to registration.
3.2 As part of the registration process, the Customer will be asked to specify its corporate information, invoice data and organizational contact. Upon acceptance of the registration, a confirmation email will be sent to the email address provided by the Customer.
3.3 The Customers assure that the information they provide to mysoftseal.com, in particular during registration, is true and complete. The Customer undertakes to notify mysoftseal.com promptly of any changes to the given information by updating the account profile information.
3.4 mysoftseal.com has the right to block or delete customer accounts in case of suspicion that the Customer has breached these Terms and Conditions. Customers may avert such measures if they provide appropriate proof at their own expense.
3.5 All logins are individualized and may only be used by the authorized Customer. The Customer must keep its login and password secret and protect them against any unauthorized access. If mysoftseal.com has indications of any unauthorized use, they have the right to block said customer account. In such case, mysoftseal.com also has the right to change the login-name and password of the customer account and will inform the Customer promptly thereof. mysoftseal.com disclaims any liability for damages that the Customer should incur as a result of unauthorized access or blocking of the access authorization.
04. Duties of Customers
Customers undertake to refrain from any acts or omissions that could potentially endanger or disrupt the functionality of the Website and not to access data for which they have no authorization.
05. Data Processing
6.1 The product images contained in the Online Store are non-binding and do not represent any confirmation on the specifications and quality of the respective products. Further, the product images shown on the Website are not displayed in a 1:1 scale.
6.2 Product specification, including specifications and tolerance on sizes, will be shown in the specification sheet which is available for each product.
6.3 mysoftseal.com may change the products available on the Website at any time and does not undertake to continue to supply any particular product or type of product.
6.4 mysoftseal.com will provide Customers a testing report for all products. This manual is created using an ISO-defined random sampling method. Please note that this will be a common testing report and not a batch-specific testing report. If Customers require a customized/specific batch report, this can be obtained upon special request for an additional cost of USD 15,00. A copy of this report will be sent along with the shipment.
07. Color Selection
7.1 Customers may choose the color of the products they order from the different color options that are available for the respective product and as displayed on the Website. If Customers choose a color from the customized color range, an additional cost per color as displayed on the Website will be charged at check-out.
All colors available for all products will be in accordance with the physical Pantone Color Reference Guide (Pantone book ID PANFHIC100A). Customers must note that there might be variations in color between the color digitally displayed on the Website and the physical Pantone Color Reference Guide depending on the specifications and settings of the used computer/device. Customers shall always refer to the physical Pantone Color Reference Guide when they want to access the colors of the products supplied by mysoftseal.com.
7.2 The color evaluation of the Hook and Eye delivered by mysoftseal.com is to be carried out exclusively on the basis of the Delta Color Reading Guideline (Delta Value) which is available here. If color differences of the products are based on an evaluation process deviating from the Delta Color Reading Guideline, they will be invalid and will not indicate or constitute a color inefficiency of the products ordered.
7.3 Rings and Slides, Bows and Ribbon color assessment will be carried out via visual evaluation. More details are available here.
08. Order and Contract Conclusion
8.1 Your order is an offer to mysoftseal.com to buy selected products from the Online Store. When placing an order with mysoftseal.com, mysoftseal.com will send You an email confirming receipt of Your order containing the details of the order (hereafter also referred to as “Confirmation Email”). The Confirmation Email is no acceptance of Your order but rather acknowledges that Your order has been received.
8.2 For acceptance of a sent offer and conclusion of contract, mysoftseal.com will send You a separate email of acceptance (hereafter also referred to as “Acceptance Email”). Your contract will be entered with mysoftseal.com. Please note that this may occasionally take up to a few days.
8.3 When placing an order, please note that a minimum order quantity may apply.
8.4 For cancellations of orders see section 13.1.
9.1 mysoftseal.com’s accepted payment options are payment via Visa or Master credit card.
9.2 For the payment, the Customer's credit card will be charged at the time of acceptance of the order, that is, when mysoftseal.com sends the Acceptance Email.
9.3 All payment details will be processed via secure platforms and authenticated by Verified By Visa, MasterCard Secure Code or JCB Card Network. All details related to credit/debit card payments will be stored in the respective secure servers, to which mysoftseal.com has no access. mysoftseal.com will have access only to the basic details required for order management and delivery.
10.1 Once Your order has been accepted, it will be processed and the product will be handed over to the carrier for shipment to the address included in the Acceptance Email within the lead-time indicated on your order. In the event that an order requires a longer lead-time mysoftseal.com will notify Customers via email. Please note that standard international shipping fees do not include taxes or duties and may differ depending on your specific region. The transfer of risk shall occur upon transfer of the products to the carrier.
10.2 Please note that orders are not processed on Sundays and Public Holidays in the Democratic Socialist Republic of Sri Lanka.
10.3 Your shipping charges will be calculated based on the shipment address’ country postal code and package weight.
10.4 Regarding shipping restrictions, please note the details of mysoftseal.com’s shipping partner in the link provided below:
11. Duty and Taxes
11.1 mysoftseal.com is unable to provide estimated duties and taxes as this information will vary by country/region. Please note that if You place an order online, You will be responsible for all duties, taxes and customs charges incurred upon shipment to the shipping address You provided. If Your order is then refused, You will still be responsible for charges incurred by shipping the order. By providing a shipping address, Customers guarantee that the delivery of the order will not violate any legal requirements in the country of the shipping address.
11.2 mysoftseal.com is required by law to disclose the full value of the package content.
12.1 All prices indicated on the Website are shown in US Dollar. Refunds will also be provided in US Dollar. mysoftseal.com is not liable for any damages resulting from exchange rate fluctuations.
12.2 The product prices are displayed on the Website at the moment of Customer’s order or such other price as mysoftseal.com may have agreed upon in writing.
12.3 Product prices exclude shipment costs. Shipment costs will be automatically added to the total amount displayed in the order basket. Shipment costs are calculated as set forth in section 10.3.
12.4 The price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority (see section 11).
13. Cancellation, Refund & Duty to Examine Products and Give Notice of Defects
13.1 If mysoftseal.com becomes unable to fulfil the order in part or in full after the Acceptance Email has been sent, Customers will be notified promptly via email. In such event, Customers have the right to cancel the order in full by notifying mysoftseal.com in writing within 5 (five) days of receiving such email notification. Upon full cancellation mysoftseal.com will refund the price paid by the Customer. If Customers do not cancel the full order, the order will automatically be partially cancelled in regard to the non-deliverable products. Upon such partial cancellation mysoftseal.com will refund the partial price paid by the Customer for the non-deliverable products. Costs such as shipment costs will be refunded in the amount they do not incur. Thus, if, despite the only partial order, the additional costs (e.g. shipment costs) are the same as for the original full order, no refund will be made in this regard. mysoftseal.com declines any liability for orders cancelled pursuant to this section 13.1.
13.2 Upon delivery or collection of the order, Customers are obligated to examine and inspect the entire order promptly for completeness and warranted properties of products as well as for (transport) damages to the products (hereafter also referred to as “Product Deficiencies”). If Customers identify Product Deficiencies, they must inform mysoftseal.com in writing immediately after the inspection by using the dispute form provided in their customer account, and available here, which requires, in particular, the attachment of a photograph of the relevant Product Deficiency; deficiencies not apparent during proper examination must be notified immediately after discovery by using the dispute form. Other than by separate written agreement, mysoftseal.com will only accept complaint notifications if it is satisfied that Product Deficiencies are given, an inspection has been carried out and mysoftseal.com has been notified in accordance with the provisions in section 13.3 (hereafter also referred to as “Deficiency Notification”).
Upon valid Deficiency Notification, mysoftseal.com will provide respective remedy by refunding the order price paid which includes respective additional costs such as shipment or customs costs. Other than by separate written agreement, refund is the sole and exclusive remedy and/or claim of the Customer in the event of Product Deficiencies.
13.3 mysoftseal.com will be under no liability or further obligation in relation to deficient products if:
- (a) Customer fails to provide notice as set out above; and/or
- (b) Customer makes any further use of such goods after giving notice in accordance with section 13.2; and/or
- (c) Product Deficiencies arise because Customers did not follow mysoftseal.com’s oral or written instructions about the storage, application and use of the products; and/or
- (d) The Product Deficiencies arise from normal wear and tear of the products; and/or
- (e) The Product Deficiencies arise from misuse or alteration of the products, negligence, willful damage or any other act of the Customers, their employees or agents or any third parties, which does not correspond to the customary use.
13.4 In cases other than described in 13.1 and 13.2, mysoftseal.com will not accept order cancellations or returns and will not provide refunds, unless otherwise agreed upon by separate individual agreement.
14. Limitation of Liability
14.1 mysoftseal.com shall bear, regardless of the legal ground, unlimited liability for direct damages caused by its own intentional acts and gross negligence, but shall not bear any liability in cases of slight negligence. The preceding limitation shall not apply to cases of slight negligence causing death or bodily/health injury.
14.2 mysoftseal.com shall not be liable, to the fullest extent permitted by law, for any consequential, indirect or special damages, including lost profits or unrealized savings.
14.3 mysoftseal.com assumes no liability for any faults or disruptions within its network.
14.4 The above limitations on liability shall apply mutatis mutandis in favor of mysoftseal.com’s vicarious agents, as well.
14.5 To the extent that there is any possibility that Customers may be redirected to databases, websites, services etc. of third parties via the Website, e.g. as a result of the inclusion of links or hyperlinks, mysoftseal.com shall not be liable either for the accessibility, existence or security of such databases or services or for the contents thereof. In particular, mysoftseal.com shall bear no liability for the legal propriety, substantive correctness, completeness, timeliness, etc. thereof.
15. Events Outside of Our Control (Force Majeure)
15.1 Force Majeure shall mean unforeseeable events beyond mysoftseal.com’s reasonable control and include, but not be limited to, power failure, internet service provider black-outs, natural disasters or catastrophic events, epidemics/pandemics (including COVID-19), nuclear accidents, fire, flood, typhoons or earthquakes, terrorism, acts or omissions by governmental authorities, allocations or restrictions upon the use of materials or manpower, war, riots, sabotage or revolutions, strikes or lockouts (hereinafter also referred to as “Force Majeure Event”).
15.2 Regardless of whether a Force Majeure Event occurs before or after the conclusion of a contract under these Terms and Conditions, mysoftseal.com will not be liable for any delay in performing or non-performance of its obligations if and to the extent that the performance of the contract is prevented or made excessively onerous by a Force Majeure Event.
15.3 If a Force Majeure Event affecting mysoftseal.com’s performance has occurred, mysoftseal.com will promptly notify the Customer. If the Force Majeure Event continues for a period of 90 (ninety) calendar days or more upon notice, either party may declare the avoidance of the concerned contract in writing after to the lapse of that period.
16. Law and Jurisdiction
16.1 The parties' legal relationship (including these Terms and Conditions and the contracts hereunder), shall be governed by the substantive laws of Switzerland, with the exclusion of the UN Convention on Contracts for the International Sale of Goods.
16.2 Any dispute, controversy, or claim arising out of, or in relation to, the parties’ legal relationship (including these Terms and Conditions and the contracts hereunder), including regarding the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules. The arbitral proceedings shall be conducted in English. The seat of the arbitration shall be in Zurich, Switzerland. The number of arbitrators shall be one.
17.1 The contracting parties agree that communication - also in contractual matters - may take place via email. Customers undertake to always provide a current email address in their account. mysoftseal.com’s email address can be found on the Website’s imprint or on the "Contact Us" page.
17.2 If any provision of these Terms and Conditions is held by a court of competent jurisdiction or arbitral tribunal to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect. In such a case, the invalid or unenforceable or unregulated provision shall be replaced or supplemented by or with a valid, enforceable provision that corresponds as closely as possible to the economic intent and purpose of these Terms and Conditions.
17.3 These Terms and Conditions shall also apply to all legal successors of the contracting parties.