This website is directed solely at businesses, not consumers
These Terms and Conditions are an agreement (“Agreement”) between Prym Intimates Hong Kong Ltd. (“Prym”, “we”, “us” or “our”) and each user (“you” or “your”) of the website www.mysoftsealusa.com and products (“Products”) sold by Prym.
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. At the time of registration, customers must confirm that they act commercially.
Your use of the Prym website and any Products purchased is at all times subject to this Agreement. You should read this Agreement and the Privacy Policy carefully and be sure you understand it prior to using the website or purchasing Products. Any use of the website or Products is deemed to be irrevocable acceptance of this Agreement. If you do not agree to this Agreement, you should not use, and should immediately exit, the website, and you should not purchase any Products. Accessing the website only to review this Agreement or Privacy Policy, copies of which are available on www.mysoftsealusa.com, (the “Privacy Policy”), is not deemed to be use of the website.
Prym may collect personal information from individuals through this website or in the ordinary course of business. All such personal information obtained by Prym will be held, disclosed, and used as set forth in the Privacy Policy and in accordance with all applicable law.
Prym reserves the right, at our sole discretion, to revise or replace this Agreement at any time. For instance, we may need to change this Agreement if a new feature to the website is launched or new Products or services are offered. You will be informed about changes to this Agreement on the website, notification by e-mail or by other suitable means. It is your responsibility to check for changes to this Agreement. If you do not agree to the new terms, you must discontinue use of the website and you should not purchase any additional Products. If you continue to use the website or purchase Products after the revised terms go into effect, then you will be deemed to have accepted the changes to this Agreement.
In order to purchase Products from Prym, you must register by creating a customer account. You will be asked to specify your corporate information, invoice data and organizational contact. Upon acceptance of the registration, a confirmation email will be sent to the email address provided. As an account holder, you represent and warrant that: (i) all required registration and account information submitted is truthful, current and accurate; (ii) you will maintain the accuracy of such information; (iii) you will not violate any United States or other applicable law or regulation in connection with the use of the website or purchase of Products. If we believe that the information you provide is not correct, current or complete, we have the right to terminate or suspend access to the account. Prym may also suspend or terminate your account or access to the website at any time upon becoming aware of any violation or threatened violation of the Agreement, any security or other threat to our systems, technology, business, other people, or other matters warranting such suspension or termination. In the event that your account is terminated or suspended, your account will be placed in inactive status until such time as the deficiency has been remedied to Prym’s satisfaction. Prym is not responsible for any loss or harm related to your inability to access your account during any period in which your account is in inactive status.
When you choose a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to maintain the security of the account and promptly notify Prym if it is discovered or suspected that someone has accessed your account without permission. If, you permit others to use the account credentials, you are responsible for the activities of such users that take place in connection with that account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Prym has the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time for good cause, including if we reasonably determine that you have violated any provision of the Agreement.
You may choose the color of the Products that you order. The different color options that are available for the respective Product are displayed on the website. If you choose a color from the customized color range, an additional cost will be charged for each custom color at check-out.
All available Product colors will conform with the physical Pantone Color Reference Guide (Pantone book ID PANFHIC100A). However, please note that the color digitally displayed on the website may vary from the physical Pantone Color Reference Guide depending on the specifications and settings of the computer or device used. You should always refer to the physical Pantone Color Reference Guide for an accurate depiction of the colors of the Products supplied by Prym.
The color evaluation of the Hook and Eye delivered by Prym is to be carried out exclusively on the basis of the Delta Color Reading Guideline (“Delta Value”) which is available here. If the color of the Products differs from the Delta Value based on an evaluation process, the deviation will not constitute a color inefficiency. Rings and Slides, Bows and Ribbon color assessment will be carried out via visual evaluation.
The sale of Products by Prym to the purchaser is governed by this Agreement, together with order specific terms agreed to in writing by the parties relating to pricing, quantity, specifications, delivery schedules and locations. Your order is an offer to Prym to buy selected Products from the online store. When placing an order on www.mysoftsealusa.com, Prym will send you an email confirming the receipt and details of your order (“Confirmation Email”). The Confirmation Email is not acceptance of your order but rather acknowledges that your order has been received. Once your order has been reviewed and accepted, Prym will send you a separate email of acceptance (“Acceptance Email”) which constitutes the contract between you and Prym. Orders that have been accepted by Prym cannot be cancelled without Prym’s written consent and upon terms that will indemnify Prym against loss.
All prices listed on the website are shown in U.S. Dollars. Refunds will also be provided in U.S. Dollars. Prices do not include transportation costs. However, shipping costs will be automatically added to the total amount displayed in your order basket. Taxes are not included in price except where otherwise prohibited by law. All sales, excise, use or similar taxes or charges by a federal, foreign, state or local government, which Prym may be required to pay or collect, shall be in addition to the price stated and shall be paid by you, unless a valid exemption certificate is furnished therefore.
Prym accepts Visa or Master Card. You agree to pay in U.S. Dollars. Your credit card will be charged when your order has been accepted by Prym and the Acceptance Email is sent. Prym uses, Slim CD, a third party vendor to process payments made by customers. We do not collect or process payment information. Slim CD collects payment method information (such as credit or debit card number, of bank account information, purchase amount, date of purchase and, in some cases, information about the Services). You acknowledge and agree that the use of a payment processor is integral to making the Products available. You can learn about how Slim CD collects and processes data at SERVICES. We recommend that you review this privacy policy.
Once your order has been accepted, it will be processed, and the Product will be transferred 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 you will be notified by Prym via email. However, shipping dates are approximate only and subject to change. Products are shipped from Prym’s facility in the Democratic Socialist Republic of Sri Lanka. Shipping charges will be calculated based on the shipment address’ country postal code and package weight. Please note that standard international shipping fees do not include taxes or duties and may differ depending on your specific region. Prym is unable to provide estimated duties and taxes as this information will vary by country and region. If you place an order online, you will be responsible for all duties, taxes and customs charges incurred upon shipment to the shipping address that 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, you guarantee that the delivery of the order will not violate any legal requirements in the country of the shipping address.
If, after the Acceptance Email has been sent, Prym determines that it is unable to fulfil the order in part or in full, you will be notified promptly via email. In such event, you have the right to cancel the order in full by notifying Prym in writing within three (3) days of receiving the Acceptance Email. Prym will proceed with shipment and payment for those Products that are available unless notified within 3 days that you wish to cancel the full order. Shipping costs will be refunded to the extent that those costs are reduced by partial cancellation of the order. Thus, if, despite the partial order, the shipping costs are the same as for the original full order, no refund will be made.
You will be deemed to have inspected and accepted any shipment from Prym if, within thirty (30) days of your receipt of the Products, you have not notified Prym in writing that such Products are rejected and the grounds therefore. Upon delivery or collection of the order, you are obligated to examine and inspect the entire order promptly for completeness and warranted properties of the Products as well as for transport damages to the Products (hereafter also referred to as “Product Deficiencies”). If you identify Product Deficiencies, you must inform Prym in writing immediately after the inspection, and in no case later than thirty (30) days of receipt, by using the dispute form provided in your account. The dispute form requires that you attach a photograph of the relevant Product Deficiency. Product Deficiencies not apparent during proper examination must be reported to Prym immediately after discovery by using the dispute form. Once Prym has been properly notified, we will provide a full refund, including costs such as shipment and fees. 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.
Prym will not be liable for Product Deficiencies if:
(a) you fail to provide notice as set out above;
(b) you make any further use of the Products after giving notice that the Product has been rejected;
(c) Product Deficiencies arise because you did not follow Prym’s oral or written instructions about the storage, application and use of the Products;
(d) the Product Deficiencies arise from normal wear and tear of the Products;
(e) the Product Deficiencies arise from misuse or alteration of the Products, negligence, willful damage or any other act of the customer, its employees or agents or any third parties, which does not correspond to the customary use.
You shall not use the website or Products sold by Prym: (1) in a manner inconsistent with this Agreement; (2) in any way that violates any applicable federal, state, local, or international law or regulation; (3) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (4) to transmit, or procure the sending of, any advertising or promotional material, including any “spam” or any other similar solicitation; (5) to impersonate or attempt to impersonate Prym, a Prym employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or (6) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm Prym or users of the website or expose them to liability.
Additionally, you agree not to: (1) use the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website; (2) use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website; (3) use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent; (4) use any device, software, or routine that interferes with the proper working of the website; (5) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website; (7) attack the website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the website.
The information presented on or through the website is made available solely for general information purposes. From time to time, some of the content will be provided by third parties (“Third-Party Content”). We do not warrant the accuracy, completeness, or usefulness of this information, including Third-Party Content. Any reliance you place on such information is strictly at your own risk. All statements and/or opinions expressed in these materials, and all articles and responses to questions, and other content, other than the content provided by Prym, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Prym. We are not responsible, or liable to you or any third party, for the content or accuracy of any Third-Party Content.
The website may also contain links to, or be accessible from, websites provided by third parties (individually a “Third-Party Site”). We do not warrant the offerings of any of these entities or individuals. Your use of a Third-Party Site or service will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. Your use of the website may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third-party application, website, or service that you visit or use.
The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Prym, its licensors, or other providers of such material and are protected by copyright and other intellectual property laws of the United States and/or other countries.
This Agreement permits you to use the website in connection with your commercial business operations. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website. You also must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by Prym. Any use of the website not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
We have no responsibility for content on other websites that you may find or access when using our website or our Products. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use for those websites govern your use of that material.
Prym warrants that any of its Products, which upon examination is found by a Prym representative to be defective in either workmanship or material under normal use, will be, at Prym’s option, repaired or replaced free of charge including lowest transportation charges, or the purchase price will be refunded, provided that Prym receives a written claim specifying the defect within thirty (30) days from date of Product receipt, or, if Product Deficiencies are not apparent during proper examination, immediately upon discovery, whichever occurs first. In no event shall Prym be liable for any claims, whether arising from breach of contract or warranty or claims of negligence or negligent manufacture, in excess of purchase price. ALL OTHER WARRANTIES EXPRESSED AND IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE ARE HEREBY DISCLAIMED. The foregoing expresses all of Prym’s obligations and liabilities with respect to the quality of Products furnished by it and it shall under no circumstances be liable for consequential, collateral or special losses or damages.
YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PRYM NOR ANY PERSON ASSOCIATED WITH PRYM, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. PRYM DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL PRYM BE LIABLE TO A CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PRYM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING IF THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL PRYM’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO PRYM PURSUANT TO THIS AGREEMENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Purchaser shall indemnify, defend and hold harmless Prym from all costs, damages, expenses, fines, liabilities, losses, penalties and payments (including, but not limited to, fees and disbursements of counsel to Prym) resulting from, or relating to, (a) your failure to perform any obligation or assume any responsibility pursuant to this Agreement or the Privacy Policy, (b) any warranty or representation made by you in this Agreement or the Privacy Policy being untrue or misleading in any respect, or (c) any unauthorized use of the website or Prym Product by you.
This Agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the laws of the State of New York, without regard to its conflicts of laws rules. The state and federal courts located in the City of New York and County of New York shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. If there is any conflict or inconsistency between any provision of this Agreement and any provision of any applicable law, the latter shall control.
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
Whenever possible, each provision of this Agreement shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.
This Agreement and the Privacy Policy, along with any other document referenced therein, constitute the sole and entire agreement between you and Prym regarding the website and our Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website and our Products.
Neither party will be responsible for failure or delay of performance if caused by: any pandemic, quarantine, an act of war, hostility, or sabotage; act of God; electrical, Internet, or telecommunication outage that is not caused by the obligated Party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Except as provided by any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing this Agreement.
You agree that communications with Prym, including those relating to this Agreement, may take place via email. You must current assure that your account email address is kept current. All feedback, comments, requests for technical support, and other communications relating to the website should be directed to:
Phone: +94 114 7614 00
E-mail to: info@mysoftseal.com
