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TERMS AND CONDITIONS OF USE

Welcome to our web site ("www.poupettestbarth.com"). These General Terms and Conditions of Use govern the access to and use of www.poupettestbarth.com. The access to and use of this web site as well as the purchase of products on www.poupettestbarth.com are based on the assumption that these General Terms and Conditions of Use have been read, understood and accepted by you. This website is managed and maintained by PSBC LIMITED, with registered offices Unit C 8/F King Palace Plaza N°55 King Yip St Kwun Tong Hong Kong ("PSBC LIMITED").
If you need further information or assistance, go to the Customer Care area, where you will find information on orders, shipping, refunds and returning products purchased on www.poupettestbarth.com, a registration form, tips and other general information on the services provided by www.poupettestbarth.com.

For any other legal information, go to the sections: Terms and Conditions of Sale, Return Policy and Privacy Policy of www.poupettestbarth.com. The Provider may amend or simply update all or part of these General Terms and Conditions of Use. Any amendment or update of the General Terms and Conditions of Use shall be posted for our users on the Home Page of www.poupettestbarth.com as soon as such amendments or updates have been made and shall be binding as soon as they are published on the web site in this section. Therefore, you should regularly access this section on the web site in order to check the publication of the most recent and updated General Terms and Conditions of Use of www.poupettestbarth.com. If you do not agree to all or part of the www.poupettestbarth.com’s General Terms and Conditions of Use, please do not use our web site.

The access to and use of www.poupettestbarth.com, including display of web pages, communication with Provider, downloading product information and making purchases on the web site, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Remember that you will be liable for your use of www.poupettestbarth.com and its contents. The Provider shall not be considered liable for any use of the web site and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to Provider's liability for intentional torts and gross negligence.

In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information. 

1. PRIVACY POLICIES
We recommend that you read the Privacy Policy which also applies in the event that users access to www.poupettestbarth.com and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes www.poupettestbarth.com collects and uses your personal data.

2. INTELLECTUAL PROPERTY RIGHTS
All content included on this 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 (collectively, “Content”), is the property of Poupette St Barth and PSBC LIMITED and is 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 Content without the prior express written consent of Poupette St Barth and PSBC LIMITED.
Poupette St Barth and PSBC LIMITED shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Poupette St Barth and PSBC LIMITED shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content.

Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Poupette St Barth and PSBC LIMITED shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

3. LINKS TO OTHER WEBSITES
www.poupettestbarth.com may contain links to other web sites which are in no way connected to www.poupettestbarth.com or PSBC LIMITED. PSBC LIMITED does not control or monitor such third party web sites or their contents. PSBC LIMITED shall not be held liable for the contents of such sites and/or for the rules adopted by them in respect of, but not limited to, your privacy and the processing of your personal data when you are visiting those web sites. Please, pay attention when you access these web sites through the links provided on www.poupettestbarth.com and carefully read their terms and conditions of use and their privacy policies. Our General Terms and Conditions of Use and Privacy Policy do not apply to the web sites of third parties. www.poupettestbarth.com provides links to other web sites exclusively to help its users in searching and surfing the Internet and to allow links to web sites on the Internet. When the PSBC LIMITED provides links to other web sites, PSBC LIMITED does not recommend that its users access these web sites and it does not provide any guarantees to their web content or to services and products supplied and sold by these web sites to Internet users.

4. LINKS TO WWW.POUPETTESTBARTH.COM
Please, contact Customer Care. if you are interested in linking the Home page of www.poupettestbarth.com and other web pages which can be publicly accessible. You are requested to contact PSBC LIMITED for requesting our consent to linking www.poupettestbarth.com. PSBC LIMITED grants links to www.poupettestbarth.com free of charge and on a non-exclusive basis. PSBC LIMITED is entitled to object to certain links to its web site in the event that the applicant who intends to activate links to www.poupettestbarth.com has, in the past, adopted unfair commercial or business practices which are not generally adopted or accepted by the market operators, or has made unfair competition activities vis-à-vis PSBC LIMITED or the latter's suppliers, or when PSBC LIMITED fears that such practices or such activities might be adopted by the applicant in the future. In any event, it is forbidden to post deep links (such as deep frames) to www.poupettestbarth.com or to use unauthorized meta-tags without PSBC LIMITED consent.

5. DISCLAIMERS AND CONTENT
PSBC LIMITED does not warrant that the contents of the web site are appropriate or lawful in other Countries outside Hong Kong. However, in the event that such contents are deemed to be unlawful or illegal in some of these Countries, please do not access this web site and, where you nonetheless choose to access it, we hereby inform you that your use of the services provided by www.poupettestbarth.com shall be your exclusive and personal responsibility. PSBC LIMITED has also adopted measures to ensure that the content of www.poupettestbarth.com is accurate and does not contain any incorrect or out-of-date information. However, PSBC LIMITED cannot be held liable for the accuracy and completeness of the content, except for its liability for tort and gross negligence and as otherwise provided for by the law.
Moreover, PSBC LIMITED cannot guarantee that the web site will operate continuously, without any interruptions and errors due to the connection to the Internet. In the event of any problem in using our web site please contact our Customer Care. PSBC LIMITED representative will be at your disposal to assist and help you to restore your access to the web 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. The dynamic nature of the Internet and web content may not allow www.poupettestbarth.com to operate without any suspensions, interruptions or discontinuity due to updating the web site. PSBC LIMITED has adopted adequate technical and organizational security measures to protect services on www.poupettestbarth.com, 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 www.poupettestbarth.com, and to avoid unauthorized or unlawful access to such data and information.

6. OUR BUSINESS POLICY
PSBC LIMITED has adopted a business policy; its mission consists of selling products through its services and its web site to "consumer" only. "Consumer" shall mean any natural person who is acting on www.poupettestbarth.com for purposes which are outside his or her trade, business or professional activity (if any). If you are not a consumer, please do not use our services for purchasing products on www.poupettestbarth.com. PSBC LIMITED shall be entitled to object to the processing of purchase orders from persons other than consumers and to any other purchase order which does not comply with the General Terms and Conditions of Sale and these General Terms and Conditions of Use.

7. GOVERNING LAW

These General Terms and Conditions of Use and any disputes or claims arising out of or in connection with its subject matter (including non-contractual disputes and claims) are governed by and construed in accordance with the laws of Hong Kong.

TERMS AND CONDITIONS OF SALE

The following General Terms and Conditions of Sale govern the offer and sale of products on our web site ("www.poupettestbarth.com "). The products purchased on www.poupettestbarth.com are directly sold by PSBC LIMITED, with registered offices Unit C 8/F King Palace Plaza N°55 King Yip St Kwun Tong Hong Kong (hereinafter referred to as "the Vendor" or "We" or "Us"). Requests for information should be made through our Customer Care. For additional legal information go to the Customer Care area. There you can find information on orders, shipments, refunds and returning products purchased on www.poupettestbarth.com. For any other legal information, go to the sections: Terms and Conditions of Use, Privacy Policy and Return Policy.

1. OUR BUSINESS POLICY

1.1 The Vendor offers products for sale on www.poupettestbarth.com and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers"

1.2 "Consumer" shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on www.poupettestbarth.com.

1.3 The Vendor reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with the Vendor's business policy.

1.4 These General Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on www.poupettestbarth.com between the users of www.poupettestbarth.com and PSBC LIMITED.

1.5 The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on www.poupettestbarth.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party's terms and conditions, since the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of www.poupettestbarth.com and third parties.

2. HOW TO EXECUTE A CONTRACT WITH THE VENDOR

2.1 In order to place an order for the purchase of one or more products on www.poupettestbarth.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions. Please note that we do not ship or sell any product to Hong Kong.

2.2 The order form contains a summary of these Terms and Conditions of Sale, information on the main characteristics of each product ordered and corresponding unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs and the terms and conditions for returning purchased products.

2.3 An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order's information has been verified as correct.

2.4 Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.

2.5 The order form will be filed in our data base for the time required to process your order and as provided by law. You may access your order form by clicking on the section called Order Status.

2.6 Before submitting the order form, you will be asked to identify and correct possible input errors.

2.7 The submission of orders to the Vendor must be in English.

2.8 After your order form has been submitted, the Vendor will process your order.

2.9 The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the products displayed on www.poupettestbarth.com are no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after Vendor received your order. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items.

2.10 By submitting an order form to and making a contract with the Vendor, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on www.poupettestbarth.com.

2.11 By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on www.poupettestbarth.com, even through links, including the Terms and Conditions of Use and Privacy Policy.

2.12 Upon submission of an order form, the Vendor shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs). Please note that all prices are provided without duties, taxes or fees that you may need to pay local authorities to receive the merchandise. These amounts should be considered above and beyond the total of the order. In this regard, please see paragraph 5.

3. GUARANTEES AND PRODUCT PRICE INDICATION

3.1 On www.poupettestbarth.com, we only offer products marked with the Poupette St Barth trademark.

3.2 The Vendor 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 www.poupettestbarth.com on each product page. The products offered for sale on www.poupettestbarth.com may not exactly correspond to the real garments in terms of image and colors due to the Internet browser or monitor used.

3.4 Prices are subject to change. Check the final price of sale before sending the relevant order form.

3.5 Purchase orders from Countries not included among those displayed on the splash page cannot be accepted by the Vendor.

3.6 All Products 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.

3.7 Should you decide to exercise your right to return purchased products, the Vendor has the right to not 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 The payment processing services for goods and/or services purchased on this website are provided by PayPal on behalf of PSBC LIMITED.

4.2 Payment of the product prices and relevant shipping costs must be made by using the procedures indicated on the order form.

4.3 In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to Paypal which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding shipping costs, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.

5. CUSTOMS AND DUTIES

5.1 Neither the item prices nor the shipping charges you pay us include customs fees, import taxes, brokerage fees or duties.

5.2 Upon arrival in the destination country, the contents of your order may be subject to customs fees (taxes, duties, processing fees, brokerage fees, etc.) for which the recipient of the order is responsible. We are not responsible for any customs fees incurred on your order.

The customs fees for your order depend on the destination country. If taxes and duties apply in your country and we are able to calculate these fees for you, they will be added to the total before you complete your order. For the countries where taxes and duties apply but we cannot calculate them, the total amount calculated at checkout will not include the customs and duties, and you will be required to pay them to the courier upon delivery. For this reason we recommend that you refer to your local customs office for more details about your country's duties and taxes before placing an order.

5.3 Should you refuse your order at the time of arrival or should you refuse to pay the Customs fees when your order arrives, the shipment will be returned to the Vendor and we will be charged the Customs fees to import in the country of origin plus return shipping costs.

If you receive your order and accept to pay the Customs fees upon delivery, the Vendor will not issue refunds for the same in case of return of the purchased products.

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 Customs fees could arrive weeks after you receive your order, separately from the same.

6. SHIPPING AND DELIVERY OF THE PRODUCTS

For specific product shipping and delivery procedures see the Customer Care area. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.

7. CUSTOMER CARE

Please contact our Customer Care for further information.

8. RETURNS

8.1 You may return products purchased from us, within fourteen (14) days from receiving the products purchased on www.poupettestbarth.com.

 8.2 To return products it is necessary to send us an email within 14 days from receiving the order and provide us the below details:

Order number.
The item reference you wish to return.
The reason for returning the item.
Please wait for our acceptance of the return prior shipping back.

8.3 The Vendor must receive the returned products within thirty (30) days from the date on which products were received by you.

8.4 You can ship your returns to the Vendor with a shipping service of your choice and the return shipping will be at your own expense. Please verify that you have accurately completed and included with your parcel all the necessary documentation for customs clearance. All such documentation should be in English so it can be used both by the authorities of the country you are shipping from (for export) and by the Indonesian authorities (for import). We recommend that you consult with local authorities and/or your selected shipping service to ensure that the documentation is sufficient. The Vendor cannot be held responsible for parcels that are detained at customs because of lacking or insufficient documentation.

The Vendor highly recommends that you choose a shipping service that permits you to trace the delivery at any time. Be sure that the type of shipping you choose guarantees the delivery of the parcel within the time frame of thirty (30) days from the date on which you received your order.

8.5 The return right - besides compliance with the terms and procedures described at par. 8.1, 8.2, 8.3 and 8.4 above - shall be deemed correctly exercised once the following conditions have been fully met: 

the online Return Form must be correctly completed and submitted within ten (10) days from receipt of the order;
the products must not have been used, worn, washed or damaged;
the identification tag must still be attached to the products with the disposable seal;
the products must be returned in their original packaging;
the Vendor must receive the goods within thirty (30) days from the date in which you receive your order.

8.6 If the return right is exercised in conformity with the provisions set forth in this section, the Vendor shall refund the amounts paid for the returned products. Shipping costs, duties, taxes and fees you have paid for the delivery of the purchased products shall not be refunded.

8.7 The Vendor shall refund the amount already paid for the purchase of products and the shipping costs of their delivery to you only if the products are returned for reasons that may be due to the Vendor, such as when the products do not have the promised essential characteristics, have manufacturing defects or they have been erroneously delivered.

8.8 The Vendor shall refund amounts already paid as soon as possible and in any case within thirty (30) days from the date on which We became aware of your decision to exercise your return right. After having confirmed that the terms and conditions stated above have been duly complied with, We will promptly start the refund procedure as indicated in section 9.

8.9 In the event that your return does not comply with the terms and conditions set out in section 8 of these General Terms and Conditions of Sale, you will not be entitled to any refund of sums already paid to the Vendor. Nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to the Vendor. If you do not wish to receive the products in the conditions in which they were sent back to the Vendor, the Vendor shall be entitled to keep the products and retain the amount paid for your purchase of the products.

9. REFUND TIME AND PROCEDURES

9.1 After the products have been returned, We shall check the conformity of the products with the conditions indicated in section 8 above. When the Vendor is able to confirm that such conditions have been met, We shall send you an e-mail confirming the acceptance of the returned products.

9.2 Whatever payment type you used, the refund procedure shall be started by the Vendor within thirty (30) days from when the Vendor was informed of your decision to exercise your return right, after checking that the return right has been correctly exercised and that the returned products have been accepted.

9.3 If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.

9.4 The value date for the credit shall be the same as the value date of the original debit and consequently you shall not suffer interest losses.

10. PRIVACY 

10.1 You will find information on how we process your personal data by clicking on Privacy Policy.

10.2 You are advised to read, if you haven't already done so, our Terms and Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of www.poupettestbarth.com 

10.3 For further information on our Privacy Policy you can contact our Customer Care.

11. GOVERNING LAW

These General Terms and Conditions of Sale and any disputes or claims arising out of or in connection with its subject matter (including non-contractual disputes and claims) are governed by and construed in accordance with the laws of Hong Kong.

12. AMENDMENTS AND UPDATES

The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on www.poupettestbarth.com.

RETURN POLICIES

Our purpose is to guarantee your full satisfaction. If, for any reason whatsoever, you are not satisfied with your order, you may exercise your right to return purchased products within ten (10) days from the date on which you received them from www.poupettestbarth.com. Returned items must be shipped back to the Vendor within thirty (30) days from the date the package was delivered to you. The products may be returned by dispatching the package through a shipping agent of your choice. For more information about couriers and expenses read the below Return Shipping section. It is not possible to return an item in exchange for another.

TERMS AND CONDITIONS OF RETURN

The right to return products shall be deemed correctly exercised once the following conditions have been fully met: 

  • send us an email explaining to reason of your return within ten (10) days from the date of your receipt; 
  • the products have not been used, worn, washed, modified or damaged; 
  • the identification tag is still attached to the products with the disposable seal; 
  • the products are returned in their original packaging; 
  • the Vendor must receive the goods within thirty (30) days from the date the package was delivered to you.

If you have fulfilled all requirements set forth above, the Vendor shall refund the amounts paid for the returned products. You will be notified if the returned products cannot be accepted. In this case you may choose to have the products delivered to you at your own expense. If you do not wish to receive the products, the Vendor shall be entitled to keep the products and retain the amount paid for your purchase of the products.

Please note that shipping costs, duties, taxes and fees you have paid for the delivery of the purchased products shall not be refunded. For more information read the below Return Shipping section or visit Customer Care area

RETURN SHIPPING

You can ship your returns to the Vendor with a shipping service of your choice and the return shipping will be at your own expense : You may choose the modality of return consulting the below “Couriers and expenses” section . Please verify that you have accurately completed and included with your parcel all the necessary documentation for customs clearance: Please make sure to print and fill out 5 copies of the Returns Proforma Invoice that came with your parcel. Without all the copies the package will be rejected at Customs and will be returned to you.

All such documentation should be in English so it can be used both by the authorities of the country you are shipping from (for export) and by the Hong Kong authorities (for import). We recommend that you consult with local authorities and/or your selected shipping service to ensure that the documentation is sufficient. The Vendor cannot be held responsible for parcels that are detained at customs because of lacking or insufficient documentation.

The Vendor highly recommends that you choose a shipping service that permits you to trace the delivery at any time. Be sure that the type of shipping you choose guarantees the delivery of the parcel within the time frame of thirty (30) days from the date on which you received your order.

Couriers and expenses for the Return Shipping:
for Australia, India, Malaysia, New Zealand, Philippines, Singapore, Taiwan, Thailand, Macao, South Korea the return shipping is free if you use UPS driver. The Vendor will automatically deduct a Return Fee of $15,00 from the refund.
for Vietnam, Indonesia, Brunei you may ship the return with a shipping service of your choice and the shipping expenses will be at your charge
for Hong Kong the return shipping is free if you use SF Express

REFUND TIMES AND PROCEDURES

After the Vendor has received the returned products, the Vendor will check the conformity of the products with the conditions indicated above. When the Vendor is able to confirm that such conditions have been met, the Vendor will send you an e-mail confirming that the returned products have been accepted.

The refund procedure will be started by the Vendor within thirty (30) days from when the Vendor was informed of your decision to exercise your right to return the purchased products and once the Vendor has ascertained that the return has been carried out in compliance with the above conditions and the returned products have been accepted. The time period for refunding the amount you paid for purchasing the returned products depends on the form of payment used. In the case of purchase by credit or debit card, the refund time will depend on the card company’s policies. We would like to assure you, however, that the value date for the credit will coincide with the date of the original payment; therefore you will not suffer any interest loss. In the case of gifts, the refund of the sums paid for purchases will be made to the individual who made the payment.

DISPOSABLE SEAL

All products sold by the Vendor include an identification tag with a disposable seal. Please try on the products without removing the tag and seal. Returned products without the tag or seal will not be accepted.

PRIVACY POLICY

Welcome to our website www.poupettestbarth.com (the “Site”). Please read our Privacy Policy carefully. 

This Privacy Policy applies when you visit or surf the Site without purchasing any product, when you register on the Site and when you use our services for purchasing products. By using this Site, you accept the practices described in this Privacy Policy. If you do not want to accept the practices described in this Privacy Policy, please do not use the Site.
Since personal data (“Personal Data”) of users and customers (collectively "Users") of this Site may be processed in Hong Kong, any processing of Personal Data will be conducted in compliance with Governing Laws.
Your personal data are collected and processed by poupette St Barth Ltd and the companies of PSBC LIMITED Group as well as by their service providers located within and outside Hong Kong (collectively "us", "we", "our"). PSBC LIMITED has its registered offices in Unit C 8/F King Palace Plaza N°55 King Yip St Kwun Tong Hong Kong - Company Number: 2045590. For any issues relating to this Privacy Policy you can contact our Customer Care and indicate ‘Privacy’ as the subject.
Your Personal Data will be processed to provide the services you subscribed to or reserved for registered users, to facilitate your navigation of and shopping from the website and to keep you informed of Poupette St Barth or PSBC LIMITED Group news and offers.
Poupette St Barth and the companies of PSBC LIMITED Group are jointly controllers of Personal Data collected and processed for purpose of rendering the e-commerce services and the sale of products (herein the "E-Commerce Purposes") through the Site.
The management of the sale of the products and the transactions performed on this www.poupettestbarth.com, are operated by PSBC LIMITED, a corporation with registered offices in Unit C 8/F King Palace Plaza N°55 King Yip St Kwun Tong Hong Kong.
PSBC LIMITED is the controller of personal data of users and customers of the Site, which are collected for conducting, concluding and performing transactions for the purchase of products on the aforementioned site. PSBC LIMITED ensures that personal data are processed in Hong Kong in a correct and lawful manner and in accordance with good practice. Since personal data of users and customers collected for conducting, concluding and performing purchase transactions through the Site may be processed in Hong Kong, any such processing of personal data will be conducted in compliance with applicable laws.
Poupette St Barth and the companies of PSBC LIMITED Group are the sole data controllers of the Personal Data processed for marketing purposes, notably to send to Users, also through newsletter, information and updates on its products, offers, exclusive sales, promotional campaigns and on events and similar initiatives organized by Poupette St Barth or the companies of PSBC LIMITED Group (herein the "Marketing Purposes").

1. OUR POLICY

Everyone has the right to protection of his/her Personal Data. We respect Users' right to be informed regarding the collection of and other operations involving their Personal Data. In using data that may directly or indirectly identify you personally, we will apply a principle of strict necessity. For this reason, we have designed the Site in such a way that the use of your Personal Data will be kept to a minimum and will not exceed the purposes for which your Personal Data was collected and/or processed; we do not process your Personal Data when we can provide you with services through the use of anonymous or traffic data (such as marketing research made for improving our services, browsing data processed to provide you with customized contents or offers adapted to your preferred language, your location, etc.) or by other means which allow us to identify you, apart from when it is strictly necessary or upon request by competent public authorities or the police (for example, in case of traffic data or your IP address).
This Privacy Policy provides you with all information needed to understand how we collect data which may identify the Site’s Users. For further information on our Privacy Policy, please contact our Customer Care and indicate ‘Privacy’ as the subject of the email or PSBC LIMITED at their registered offices indicated above.

2. WHO COLLECTS AND PROCESSES YOUR PERSONAL DATA, HOW AND FOR WICH PURPOSES?

Poupette St Barth and the companies of PSBC LIMITED Group may be jointly or respectively the controllers of your Personal Data as they determine the E-Commerce Purposes and means of processing Personal Data. For the E-Commerce Purposes only, PSBC LIMITED has appointed certain entities that will also process Personal Data relating to the Site’s Users (herein the "Processors"). 

The above mentioned service providers and Processors have been chosen because of their experience in processing Personal Data and they provide sufficient safeguards regarding compliance with data protection laws (including the technical security measures governing the processing to be carried out). In processing the Personal Data for E-Commerce Purposes, the Processors shall act only under the instructions from PSBC LIMITED. We regularly check that our Processors comply with our instructions and that they continue to provide sufficient guarantees regarding their full compliance with the provisions on Personal Data processing.
Some of the Processors of your Personal Data appointed by PSBC LIMITED for E-Commerce Purposes directly are:
Fed Ex, for purposes related to shipping, delivering and returning products purchased on www.poupettestbarth.com;
Shopify, for purposes related to the website hosting
PT Bali Moda Busana, for purposes connected to providing call centre and Customer Care services to the Site’s Users.
For the E-Commerce Purposes, we collect your Personal Data (such as personal details, e-mail address, address, credit card numbers, bank code, tax code and telephone number, etc.) on your order form only for the purpose of selling the products ordered by you. Your Personal Data is mostly processed by electronic means and, in some circumstances, by paper-based means, such as when the processing of your Personal Data is required for preventing fraud on the Site. Your Personal Data shall be stored in a way which allows us to identify you for the period necessary for the purposes which the data was collected for and subsequently processed and, in any case, in accordance with Governing Laws. Please report any modification of your Personal Data to our Customer Care and select ‘Privacy’ as the subject of the email to ensure that your Personal Data is always accurate and up-to-date, relevant and complete. Your Personal Data shall not be disclosed to third parties other than us for purposes which are not permitted by law or without your consent.
Aside from the Processors appointed for Personal Data processing, your Personal Data will be made available also to third parties, autonomous controllers, for purposes related to supplying services requested by Users (for example, for purchase transactions) or for purposes of third parties. For more information on the matter, see section 4 (To Whom Your Personal Data Will Be Disclosed). Please contact our Customer Care if you would like to receive a full list of our data Processors involved in processing your Personal Data.
For the Marketing Purposes, we may process your Personal Data as well as browsing data ("Traffic data") resulting from the use of our Services by any User, in order to provide Users with customized contents and offers on our Services or to deliver any newsletter they subscribed to, subject to their discretionary right to withdraw their subscription to such newsletter or to oppose or object to the receiving of any advertising or marketing content which we think is of interest to a specific User. For Marketing Purposes, Personal Data and Traffic data is mostly processed by electronic means and shall be stored for us in any case, in accordance with Governing Laws and made available to our Processors.
Moreover, your Personal Data may be disclosed to the police or to judicial authorities, according to applicable laws and upon a formal request by such entities, for example in the event we need to prevent fraud on the Site (anti-fraud services).
Data processors will also have access to your Personal Data as stated in section 2 for the specific purposes stated therein. In all the above circumstances, your consent for data processing is not required as Personal Data Processing would be necessary for the performance of E-Commerce Purposes.
The reasons for collecting Personal Data will be expressly listed in the information of privacy statement that we will present from time to time on the page asking the User to provide his or her Personal Data, be it for E-Commerce Purposes or for Marketing Purposes. We may have access to third parties' Personal Data which was directly disclosed by its Users, for example when a User bought a product to be sent to a friend, when the User paying for the product is different from the recipient of the product, or when a User wishes to recommend to a friend a service of the Site or the sale of a particular product. In all of the above cases, please make sure you receive the consent of such individuals before disclosing their Personal Data to us and make sure you inform them about this Privacy Policy; you will be the only person liable in connection with the disclosure of information and data regarding such third parties if they have not provided you with their prior explicit consent for it and for any improper and unlawful use of that information. In any event, we shall use reasonable efforts to inform third parties required by law and, when necessary, shall request their explicit consent upon registering in its archives the Personal Data of the User indicated.

3. WHAT HAPPENS IF YOU DO NOT DISCLOSE YOUR PERSONAL DATA TO US?

Granting your Personal Data to us (in particular, your personal details, your e-mail address, your address, your credit/debit card numbers and bank code and your telephone number) is necessary for processing your order for the purchase of products on the Site, supplying other services provided on the web site upon your request, or when your Personal Data is needed to fulfill obligations required by law or regulations. The refusal to provide us with some of your Personal Data necessary for performing the above purposes may consequently prevent us from processing your order for the purchase of products sold on the Site or fulfilling obligations required by law and other regulations. Therefore, failing to provide Personal Data may constitute, in some cases, a legitimate and justified reason for not processing your order for the purchase of products sold on the Site or not providing the Site’s services.
Disclosure of further Personal Data to us other than that required for fulfilling legal or contractual obligations and for properly browsing our services with necessary traffic data is optional and does not have any effect on the use of the Site and of its services or on the purchase of products on the Site. We will inform you at every step whether disclosing your Personal Data to us is compulsory or optional by marking with an appropriate symbol (*) the information that is compulsory or data needed for the purchase of products on the Site.

4. TO WHOM YOUR PERSONAL DATA WILL BE DISCLOSED?

Personal Data will be disclosed to third party companies that provide, on behalf of PSBC LIMITED, specific services as data Processors or to other recipients of Personal Data collected by us that autonomously process your Personal Data only for the E-Commerce Purposes (for example, Paypal) and, in any case, according to Governing Laws.
Your Personal Data may also be provided to the following companies belonging to PSBC LIMITED Group, with registered offices in EU countries or non EU countries, for their own Marketing Purposes:
Please contact our Customer Care if you would like to receive a full updated list of PSBC LIMITED Group companies.
Notwithstanding the foregoing, Personal Data will not be disclosed to any other third parties or disseminated or transferred without informing our Users of such disclosure/dissemination/transfer, and, in any case, in accordance with the applicable laws.

5. SECURITY MEASURES

We have adopted security measures to protect Personal Data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access and against all other reasons for data processing that do not comply with our Privacy Policy. For the best possible protection of your Personal Data outside the limits of our control and management of the same, it is advisable that your computer be provided with software devices that protect network data transmission/receipt (such as updated antivirus systems) and that your internet service provider take appropriate measures for the security of network data transmission (such as, for example, firewalls and anti-spam filtering).
While we take all reasonable steps to protect your personal information from unauthorized access, use or disclosure, we cannot make any guarantees in this regard. In particular, online payments are secured through the https protocol in order for your data to be encrypted during their transmission to the payment processor. In some other cases, transmitting data over the internet is not assured to be secure from access by unintended recipients. We will not be responsible for any breach of security unless this is due to our negligence.

6. COOKIES

The acceptance of automatic data collection procedures and the use of cookies are necessary for using the Site and its services, including the purchase of products.
If you have started the procedure of blocking or deleting cookies, we cannot ensure that all web pages of the Site will be displayed or that certain services will be supplied such as, for example, storage or display on the web pages of products you chose when you were finalizing the online purchase processes.
The Site uses automatic systems of browsing data collection, such as cookies. A cookie is a file stored on the hard disk of the terminal of an Internet user; it does not contain intelligible information but it allows linking between a terminal and other information about User's experience on the web site and his/her preferences expressed while choosing services and purchasing products offered by the Site) provided by the Users. For Cookies disseminated by our servers, no one else may gain access to the information contained therein. These information and data are gathered directly and automatically by the web site. The information collected by cookies will be processed in order to optimize the services of the Site. We have provided cookies in connection to functions such as selecting the country, the language, the location, browsing the catalogue, purchasing products online and in general in connection with the provision of services reserved to registered customers. As you know, each internet browser allows the blocking or the deletion of cookies. Your Internet browser contains instructions on these procedures. Please access the information on your internet browser if you wish to delete cookies.

7. COMPULSORY PROCESSING

We wish to inform you that we may process your Personal Data also without your consent in certain circumstances provided by laws.

8. YOUR RIGHT TO ACCES PERSONAL DATA AND FURTHER RIGHTS

You are entitled to obtain, at any time, confirmation from us as to whether or not data relating to you is being processed, whether the data is not yet registered, and the communication in intelligible form of the data undergoing processing. Moreover, you are entitled to receive from us information on the source of your Personal Data; the purposes and way of processing your Personal Data; the logic involved in any electronic data processing; details of the data controller and of the data processors; the names of the entities and categories of entities to whom your Personal Data may be disclosed or who may access your Personal Data, for example, as a data controller or a party so appointed. You can easily find part of the above information in our Privacy Policy. For further information, contact our Customer Care.
You are entitled to obtain at any time from us:
a. the updating or adjustment of your personal data;
b. the deletion, the transformation into an anonymous form or blocking of your personal data (unlawfully processed), including data which does not need to be stored for the purposes for which it was collected and subsequently processed;
c. the confirmation that the operations under letters a) and b) have been reported (together with the contents of the same) to whom the data was disclosed or disseminated, except when it becomes impossible or if the means used are clearly disproportionate to the protection of users' rights.
You are entitled to object, in whole or in part:
a. for legitimate reasons, to the processing of your personal data, even if it is related to the purposes for which it was collected;
b. to the processing of your personal data for advertising or direct marketing purposes or in order to carry out marketing research or commercial communications.
You may freely exercise your rights at any time, provided that you do so in compliance with Governing Laws, by sending your request to us through our Customer Care and select ‘Privacy’ as the subject in the email or by writing to us at our respective address mentioned in introduction to this Privacy Policy. We will reply to you as necessary.

9. CONSENT

Each time your consent is required, Poupette St Barth and the companies of PSBC LIMITED Group will inform you in advance and will give you the option to either provide or refuse your consent for the use of your Personal Data, including your e-mail address, for the above purposes, by ticking the appropriate boxes.
We wish to inform you that we may process your Personal Data also without your consent in certain circumstances, such as when such processing is necessary for performing a legal obligation to which we are subject or when such processing is necessary for performing obligations undertaken in contracts with the users.
To the extent of Governing Laws and subject to your rights, Your personal data may be processed by Poupette St Barth and the companies of PSBC LIMITED Group for sending you advertising or offers for Marketing Purposes about products and services unless you object to it at any time, either when Your personal data has been collected or at any time, notably when receiving any offer from Us.
In any case, we wish to inform you that Poupette St Barth and the companies of PSBC LIMITED Group guarantee that its users may exercise, at any time and without having to state their reasoning, their right not to receive future communications connected to particular services upon request.

10. LINKS TO OTHER WEBSITES

We do not control or monitor such web sites or their web content. We shall not be held liable for the web content of such sites and for the rules adopted by them in terms of your privacy and the processing of your Personal Data while you are visiting those web sites. Please, pay attention when you connect to these web sites through the links provided on our web site and read their terms and conditions of use and their privacy policy carefully. Our Privacy Policy does not apply to third party web sites and we are by no means liable for the privacy policy adopted by those web sites. The Site provides links to other web sites exclusively to help its Users in their searches and net-surfing activities and to allow links to other web sites on the Internet. When we provide links to other web sites, we do not recommend the use of these web sites and do not provide any guarantees regarding their web content or the services and products supplied and sold by these web sites to Internet Users.

11. CONTACT

If you wish to receive further information on how we process your Personal Data, please contact our Customer Care.

12. GOVERNING LAWS

To the extent that we are respectively established in Hong Kong, this Privacy Policy is governed by (herein and together, "Governing Laws"):
Hong Kong law for the processing of Personal Data carried out by Poupette St Barth and the companies of PSBC LIMITED Group as a data controller for online selling operations management.

13. AMENDMENTS AND UPDATING OF THIS PRIVACY POLICY

Poupette St Barth and the companies of PSBC LIMITED Group may amend or simply update all or part of this Privacy Policy, including when amendments are made to legal provisions or regulations which govern data protection and protect your rights. The amendments and the updating of the Privacy Policy shall be applicable as soon as they are published on the Site in this section. Therefore, you are requested to regularly access this section in order to check the publication of the most recent and updated Privacy Policy.