1. Introduction :
The legal agreements set out below are between you and Cymellia Limited (“Cymellia”), registered in Hongkong, and govern your use of the Cymellia Pictures shop (www.cymellia-pictures.me).
“Customer”, “client” “You”, “you”, “your” “yours” means a person who orders Product(s) via this Website;
“Product(s)” , “item(s)” or “good(s)” means any products listed as shopping items on this Website;
“Digital good(s)”, “digital products” means products that are stored, delivered and used in its electronic format. Digital goods are shipped electronically to the consumer through e-mail or downloaded from the Internet
“Seller”, “we, “us”, “the company” means “Cymellia Limited”;
“Website”, “this Website” , “the Site” or “the shop”, "Cymellia Pictures", "Cymellia Pictures Shop" means www.cymellia-pictures.me .
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to Hongkong SAR Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2. Contract :
The terms and conditions which follow (the “Terms of Sale”) control your legal rights with respect to all products purchased through www.cymellia-pictures.me. All products are sold by Cymellia Limited (“Cymellia”) to you (the “Customer”).
By placing an order on www.cymellia-pictures.me, you agree to be bound by and accept these Terms of Sale and warrant to be at least 18 years of age. Cymellia reserves the right to alter these Terms of Sale at any time, without prior notice to Customers.
3. Products and services specifications :
a. Cymellia Pictures sells digital goods. These digital goods are for retail. At the exception of music, when you purchase an item on www.cymellia-pictures.me, YOU ARE PURCHASING A PICTURE, you are not purchasing the item in the picture.
b. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
c. By placing an order you are offering to purchase a product and subject to the following terms and conditions. All orders are subject to availability.
Dispatch times may vary according to availability and subject to any delays resulting from emails delays or force majeure for which we will not be responsible.
d. In order to place an order on www.cymellia-pictures.me, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us or an account on any other payment method we accept. You shall not use someone else's credit card or payment method of any kind without their consent, even if they're your parents, as this would constitute a breach of this present agreement. Cymellia retains the right to refuse or reject any order at any time at its sole discretion.
e. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
f. Product prices and availability are subject to change at any time and without notice. Cymellia may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household.
g. Please read carefully the items descriptions before placing an order. Please refer to the item description to know the exact size of an item. The specified size of the items might have a slight error margin.
Due to lighting, brightness settings or the equipment used to browse our store (computer, smart phone or tablet), the colours and brightness of the pictures might appear differently on different OS, different computers, smart phones, etc.
h. Any software, digital good or Services made available to download or purchase from the Cymellia Pictures Shop is the copyrighted work of Cymellia. When you purchase a digital good, you are purchasing a license to use the digital good rather than purchasing its copyright.
Any reproduction or redistribution of software, digital good or merchandise not in accordance with the relevant License Agreement and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk being prosecuted to the maximum extent possible.
i. Given the nature of digital goods, digital goods are non refundable and non-exchangeable.
4. License agreement :
Digital Goods are delivered to the Customer via download to the Customer’s personal desktop computer or smartphone.
Digital Goods sold by Cymellia Pictures contain additional licensing terms which the Customer hereby agrees to abide by. Licensing agreement is available here : https://www.cymellia-pictures.me/license-agreement
In order to access and download digital products, you will need : a computer or a smartphone, and internet access.
You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. You are also responsible for ensuring that any hardware you use to download and/or access Digital Products functions correctly with this site.
5. Payment :
The prices specified in our shop are in USD (American Dollars) and include taxes.
Cymellia Pictures reserves the right to change prices and fees at any time without notice. Any changes in prices and fees will take effect from the moment of implementation.
Our shop accepts payments via credit card. Payments are handled by third party payment gateways. Your banking info is not stored on our website.
6. Products availability :
Our products are available for purchase worldwide at the exception of the United States of America (USA) and Mainland China. You shall not use a VPN or equivalent to purchase our products as it would constitute a breach of our agreement and it would be detected as payment fraud by our payment methods.
7. Entire agreement :
These terms and conditions of use, together with the other legal notices on this website, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
8. Law and jurisdiction :
These terms and conditions of use will be governed by and construed in accordance with Hongkong SAR law, and any disputes relating to these terms and conditions of use will be subject to the exclusive jurisdiction of the courts of Hongkong SAR.
9. English Version to Prevail :
The present Terms and Conditions of use are available in English only.
Last modified : 21 June 2018.