TERMS & CONDITIONS
1. Definitions
For the purposes of these Terms & Conditions:
1.1. “Agreement” means the agreement between the Company and the Customer governing the Customer’s access to and use of the Digital Properties and, where applicable, the purchase of Products as set out in these T&C and all applicable Site Policies.
1.2. “Carrier” means any third-party logistics provider, postal service, shipping company, or courier engaged to deliver an Order.
1.3. “Company”, “we”, “us”, and “our” means Soyon (Vietnam) Company Limited, including its subsidiaries, affiliates, officers, directors, employees, agents, and authorised representatives. Harāra is a brand owned and operated by the Company.
1.4. “Content” means all materials, elements, and information made available through the Digital Properties, including text, patterns, images, graphics, videos, logos, trademarks, designs, fabrics, technical and manufacturing solutions, software, code, audio, data, and other materials owned by or licensed to the Company.
1.5. “Customer” means any User that purchases Products or services through the Digital Properties.
1.6. “Customer Account” means an account created through any Digital Property to manage purchases, shipping, warranties, preferences, or communications.
1.7. “Digital Property” and “Digital Properties” means website, ecommerce store, social media account, platform, application, software, API, digital channel, or other online service or presence that is operated or controlled by the Company and which the Company markets, sells, distributes, or supports its Products or services, including without limitation https://harara.run/ and official Harāra social media accounts operated by the Company.
1.8. “Dispute” means any claim, dispute, controversy, or cause of action arising out of or relating to these T&C, the Digital Properties, any Product or service, any Order, or any interaction or relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
1.9. “Order” means a completed purchase transaction submitted through the Digital Properties, including Products, shipping services, and any add-on services.
1.10. “Party” means either the Company, or the Customer or User individually, and “Parties” means both the Company, and the Customer or User collectively.
1.11. “Product” and “Products” means any goods or services offered for sale by the Company through the Digital Properties.
1.12. “Restocking Fee” means the fee charged to cover the costs of inspecting, sanitising, repackaging, and returning an item to inventory. The Restocking Fee is calculated as a percentage of the Product’s advertised price.
1.13. “Site Policies” means, collectively, these T&C, the Extended Purchase Warranty Policy, Privacy Policy, Returns & Exchanges Policy, and Shipping Policy.
1.14. “T&C” means these Terms & Conditions.
1.15. “Third-Party Website” and “Third-Party Websites” means any website, platform, application, software, tool, service, or online resource operated or controlled by a third party and not owned, operated, or controlled by the Company.
1.16. “User”, “you”, and “your” means any individual or legal entity that accesses, uses, interacts with, or purchases Products or services through the Digital Properties.
2. Acceptance of Terms
2.1. By accessing or using the Digital Properties, creating a Customer Account, or purchasing Products through the Digital Properties, you agree to be bound by these T&C and the Site Policies.
2.2. If you do not agree to these T&C or the Site Policies, you must not access or use the Digital Properties or purchase Products from us.
3. Eligibility and Age Requirements
3.1. The Digital Properties and Products are intended only for individuals who are at least 15 years of age. You must be at least 15 years old to access or use the Digital Properties, create a Customer Account, or purchase Products from us.
3.2. By accessing or using the Digital Properties, you represent and warrant that you are at least 15 years of age.
3.3. If you are under 18 years of age, you represent that you have obtained the consent of a parent or legal guardian to access or use the Digital Properties and purchase Products from us.
4. Privacy
4.1. You acknowledge and agree that, in providing the Digital Properties, Products, and related services, we may collect information about you in accordance with our Privacy Policy.
4.2. Your access to and use of the Digital Properties, and any interaction with us, are subject to our Privacy Policy, which explains how we collect, use, store, and disclose information relating to you.
5. Content, Pricing, and Availability
5.1. We make reasonable efforts to ensure that information made available through the Digital Properties, including Product descriptions, images, pricing, and availability information, is accurate and current.
5.2. However, we do not warrant that any Product description, image, pricing information, or other Content made available through the Digital Properties is accurate, complete, reliable, current, or error-free.
5.3. Prices and promotions made available through the Digital Properties are subject to change and may differ from prices or promotions offered through other channels or platforms.
5.4. We cannot confirm the availability or price of a Product until you place an Order. Despite our reasonable efforts, a Product listed in our catalogue may become unavailable, contain pricing or descriptive errors, or be incorrectly displayed. In such circumstances, we may cancel your Order or contact you to request further instructions regarding your Order.
6. Processing of Orders
6.1. The display of Products and prices on the Digital Properties constitutes an invitation to treat and does not constitute a binding offer.
6.2. By submitting an Order, you make an offer to purchase the Products specified in that Order.
6.3. Acceptance of your Order occurs only when we dispatch the Products or otherwise confirm acceptance in writing. For the avoidance of doubt, a successful charge to your selected payment method or the sending of an automated Order confirmation email does not constitute acceptance of your Order
6.4. After receiving your Order, we may, at our discretion, accept, decline, cancel, or impose quantity or other limits on your Order, including where reasonably necessary to protect our business operations, reduce risk, comply with applicable laws, prevent fraud, or address operational, technical, or supply-related issues. Circumstances that may result in your Order being modified, limited, or cancelled include, without limitation:
(a) limitations on inventory or stock availability;
(b) inaccuracies or errors in Product descriptions, pricing, promotional offers, shipping information, duties, tariffs, taxes, or other costs, fees, or charges;
(c) suspected fraud, unauthorised transactions, payment issues, or risks identified by our fraud prevention systems, payment providers, financial institutions, or other third parties;
(d) shipping, logistics, customs, or transportation disruptions or restrictions;
(e) compliance with applicable laws, regulations, sanctions, or governmental orders;
(f) errors relating to Product availability, system malfunctions, or technical issues affecting the Digital Properties or ordering systems;
(g) unusually large Orders or Orders that appear intended for unauthorised resale or commercial distribution;
(h) inability to verify billing, payment, shipping, or Customer information; or
(i) circumstances beyond our reasonable control, including events described in the Force Majeure section.
6.5. We may impose purchase limits on a per-person, per-household, per-Order, or other basis.
6.6. We may require additional verification or information before accepting any Order.
6.7. If we reject, cancel, limit, or otherwise modify your Order, or if additional information is required to process or accept your Order, we will attempt to notify you using the contact information you provided to us.
7. Payment Terms
7.1. By placing an Order, you authorise us to charge the payment method selected at checkout for the total amount payable for the Order, including any applicable taxes, shipping charges, duties, tariffs, or other disclosed fees and charges.
7.2. You represent and warrant that you are authorised to use the selected payment method.
7.3. If your payment cannot be successfully processed, we may suspend, reject, or cancel your Order.
7.4. We may use third-party payment processors to process payments. Payment processing services may be subject to the terms and conditions and privacy policies of those third parties.
8. Order Modifications and Cancellations
8.1. If we modify or cancel an Order, or any part of an Order, after payment has been processed, we will refund the amount paid for the cancelled portion of the Order.
8.2. Subject to operational availability and approval by us, you may request changes to or cancellation of your Order before the Order is collected by the Carrier. Permitted changes may include changes to the delivery address, cancellation of the Order, Product additions or removals, Product substitutions, or changes to shipping options.
8.3. You are responsible for any applicable bank fees, payment processing fees, chargeback fees, administrative fees, Restocking Fees, or other costs incurred in connection with any approved Order modification or cancellation. We will notify you of any applicable fees before confirming the requested modification or cancellation.
8.4. Certain shipping costs, customs duties, taxes, processing fees, or third-party charges may be non-refundable to the extent they have already been incurred, paid, or become non-recoverable by us.
8.5. Once the Order has been collected by the Carrier, the Order cannot be changed or cancelled.
9. Shipping, Title Transfer and Risk
9.1. By placing an Order, you authorise us to arrange shipment of the Products using a Carrier selected by us or made available through the Digital Properties.
9.2. Title to, and risk of loss of or damage to, the Products pass to you once the Products are collected by the Carrier from our warehouse, fulfilment centre, or other dispatch location.
9.3. Once the Products have been collected by the Carrier, the Carrier is solely responsible for the transportation and delivery of the Products.
9.4. Any delivery dates, shipping timeframes, or delivery estimates provided through the Digital Properties or by us are estimates only and are not guaranteed.
9.5. To the fullest extent permitted by applicable law, we are not responsible for any loss, damage, delay, theft, misdelivery, or failure in delivery occurring after the Products have been collected by the Carrier.
10. Product Use and Safety
10.1. You are responsible for using all Products safely, properly, and in accordance with any instructions, specifications, warnings, guidelines, care instructions, or other information provided by the Company.
10.2. You must use Products only for their intended purpose and in a manner that is reasonable and foreseeable in the circumstances.
10.3. You must not misuse, alter, modify, disassemble, improperly repair, or use any Product in a manner that may create a risk of damage, loss, injury, bodily harm, or loss of life.
10.4. You are responsible for determining whether a Product is suitable for your intended use, environment, activities, or personal requirements before using the Product.
10.5. Certain Products may require appropriate care, maintenance, inspection, adjustment, or replacement over time. Failure to properly maintain or inspect a Product may increase the risk of reduced performance, malfunction, damage, bodily harm, or injury.
10.6. To the fullest extent permitted by applicable law, the Company shall not be liable for any loss, damage, cost, expense, or claim arising out or relating to:
(a) misuse or improper use of a Product;
(b) use of a Product contrary to any instructions, warnings, or guidelines provided by the Company;
(c) unauthorised modification, alteration, repair, or disassembly of a Product;
(d) improper storage, handling, maintenance, or transportation of a Product; or
(e) use of a Product for purposes other than its intended use.
10.7. Nothing in this section excludes or limits any liability that cannot be excluded or limited under applicable law.
11. Digital Properties Use
11.1. Subject to these T&C, you may access and use the Digital Properties for lawful personal and non-commercial purposes, including purchasing Products offered for sale by the Company.
11.2. Subject to the restrictions set out in these T&C, you may view, download solely for caching purposes, and print Content from the Digital Properties for your personal and non-commercial use.
11.3. You are responsible for maintaining the confidentiality and security of your Customer Account credentials and for restricting access to your devices, accounts, and login information.
11.4. You must not share your Customer Account credentials with any other person or permit any unauthorised person to access or use your Customer Account.
11.5. You must use the Digital Properties only in compliance with these T&C and all applicable laws and regulations.
11.6. You must not, directly or indirectly:
(a) use the Digital Properties in any manner that could damage, disable, overburden, impair, or interfere with the operation, security, or functionality of the Digital Properties or our systems;
(b) access or attempt to access any data, systems, accounts, or networks that you are not authorised to access;
(c) interfere with or attempt to disrupt the security, integrity, or operation of the Digital Properties or any connected systems or networks;
(d) attempt to circumvent or breach any authentication measures, security features, access controls, or usage restrictions of the Digital Properties or any connected systems or networks;
(e) upload, distribute, transmit, introduce, or otherwise make available any spam, viruses, malware, spyware, malicious code, or other harmful technology;
(f) use any automated means, including bots, scrapers, spiders, crawlers, or data harvesting tools, to access, monitor, copy, extract, or collect information or Content from the Digital Properties without our prior written consent;
(g) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(h) engage in any fraudulent, deceptive, abusive, harmful, or unlawful activity;
(i) send unsolicited commercial communications or spam through or relating to the Digital Properties;
(j) use the Digital Properties for advertising, promotional, or marketing purposes without our prior written consent; or
(k) use the Digital Properties in any manner that violates any applicable law or regulation.
11.7. We reserve the right to investigate suspected violations of this section and may, at our sole discretion and subject to applicable law, suspend or terminate access to the Digital Properties or any Customer Account where we reasonably believe a violation has occurred.
11.8. We may report suspected unlawful activity to law enforcement authorities and cooperate with any investigation or legal process relating to such activity where required or permitted by applicable law.
12. User Content
12.1. You may interact or communicate with us and through the Digital Properties in various ways, including by submitting reviews, ratings, feedback, testimonials, photos, videos, questions, comments, social media content, forum posts, or other content and information, and through communications conducted in person or by any physical, electronic, digital, verbal, written, or other means of communication, including mail, phone, voice communication, messaging services, email, video conference, social media, or through the Digital Properties.
12.2. When you share content or information with us or through the Digital Properties, you must ensure that such content:
(a) complies with all applicable laws and regulations;
(b) does not contain viruses, malware, malicious code, or other harmful technology;
(c) does not contain unlawful, defamatory, libellous, misleading, fraudulent, threatening, abusive, discriminatory, hateful, or harassing material;
(d) does not infringe the rights of any third party, including intellectual property, privacy, publicity, or confidentiality rights; and
(e) discloses any material affiliation, sponsorship, or commercial relationship where required by applicable law.
12.3. By sharing or submitting any feedback, suggestions, ideas, submissions, communications, messages, posts, or other content and information to us or through the Digital Properties (excluding Order information and financial information), you automatically grant to us a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable, and non-exclusive licence to use, reproduce, modify, adapt, translate, publish, transmit, display, distribute, create derivative works from, and otherwise exploit such content and information, in any media and for any purpose, including marketing, promotional, commercial, operational, research, product development, manufacturing, and product improvement purposes.
12.4. You also grant us the right to use your name, username, social media handle, likeness, and other identifying information associated with any content you share with us or through the Digital Properties in connection with the use of that content.
12.5. Do not share or submit any content, information, ideas, or materials that you do not wish to licence to us under this section, including confidential information or original creative materials such as designs, stories, product ideas, concepts, artwork, or other proprietary materials.
12.6. You represent and warrant that:
(a) you own or otherwise control all rights necessary to grant the rights and licences set out in this section; and
(b) you have obtained all necessary consents, permissions, and releases from any individuals appearing in any content you share with us, including permission to use their name, image, voice, likeness, and other personal attributes.
12.7. To the fullest extent permitted by applicable law, you irrevocably waive any moral rights or similar rights of authorship, attribution, or integrity in relation to any content you share with us or through the Digital Properties.
12.8. We reserve the right, but are not obligated, to monitor, remove, refuse, modify, or disable access to any content submitted to or made available through the Digital Properties at our sole discretion.
13. Third-Party Links
13.1. The Digital Properties may contain links to Third-Party Websites. These links are provided solely for your convenience and to enable access to those Third-Party Websites.
13.2. We do not control, endorse, or make any representation or warranty regarding any Third-Party Website or any content, information, products, services, functionality, accuracy, security, legality, or availability associated with any Third-Party Website.
13.3. The inclusion of a link to a Third-Party Website on the Digital Properties does not constitute or imply any affiliation, sponsorship, endorsement, approval of, or responsibility for the Third-Party Website or any views, content, products, services, information, or actions associated with it.
13.4. The terms and conditions, privacy policies, and other policies applicable to any Third-Party Website may differ from those applicable to the Digital Properties. You should review the applicable terms and policies of each Third-Party Website before accessing or using it.
13.5. Your access to and use of any Third-Party Website is entirely at your own risk, and we shall not be liable for any loss or damage arising from or relating to your access to, use of, or reliance on any Third-Party Website.
14. Proprietary Rights
14.1. All Content made available through the Digital Properties, and all intellectual property rights in and to the Products, to the extent owned or licensed by the Company, are protected by applicable intellectual property laws.
14.2. The Digital Properties, including their structure, selection, arrangement, and presentation of Content, may contain intellectual property owned by or licensed to the Company. Nothing in these T&C transfers or grants to you any ownership rights in the Digital Properties, the Products, or any intellectual property rights owned by or licensed to the Company, except for the limited license expressly granted under these T&C.
14.3. Subject to these T&C, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Digital Properties solely for your personal, non-commercial use.
14.4. Except as expressly permitted by applicable law or with our prior written consent, you must not:
(a) copy, reproduce, distribute, republish, display, perform, sell, license, or commercially exploit any Content or other materials made available through the Digital Properties;
(b) modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from any Content, Product, software, or other materials made available through the Digital Properties;
(c) scrape, harvest, extract, collect, or otherwise obtain data or Content from the Digital Properties by automated or manual means;
(d) remove, alter, obscure, or tamper with any copyright, trademark, proprietary, or other legal notices; or
(e) use our trademarks, brand names, logos, trade dress, or other branding in any manner that suggests endorsement, affiliation, partnership, sponsorship, or authorisation by us.
14.5. You may use, display, resell, or lease Products that you lawfully purchase from us. However, you must not copy, reproduce, modify, reverse engineer, misrepresent ownership of, or otherwise infringe any intellectual property rights associated with the Products.
14.6. Any authorised partnership, affiliation, distribution arrangement, reseller relationship, or commercial use of our intellectual property must be expressly approved by us in writing under a separate agreement.
15. Claims of Infringement
15.1. If you believe that any Content, Product, or activity associated with the Company or the Digital Properties infringes your rights, including intellectual property rights, copyrights, trademarks, patents, privacy rights, publicity rights, consent rights, or other legal rights, please provide us with a written notice containing the following information:
(a) The physical or electronic signature of a person authorised to act on behalf of the rights holder or affected person;
(b) identification of the rights alleged to have been infringed;
(c) identification of the Content, Product, or activity alleged to be infringing, including information reasonably sufficient to enable us to locate or identify the relevant Content, Product, or activity;
(d) information reasonably sufficient to enable us to contact you, including your name, address, telephone number, and email address (if available);
(e) a statement that you have a good faith belief that the use of the Content or activity complained of is not authorised by the rights holder, the law, or otherwise permitted; and
(f) a statement that the information in the notice is accurate and that you are authorised to act on behalf of the rights holder or affected person.
15.2. Our designated contact for notices of claimed infringement may be contacted at:
(a) Email: legal@harara.run
(b) Postal address:
Soyon (Vietnam) Company Limited
Attn: Legal Officer
28 Thanh Luong 20
Hoa Xuan Ward
Danang City, 550000
Vietnam
15.3. We reserve the right to remove, disable access to, or investigate any Content or activity alleged to infringe any rights, at our sole discretion and without prior notice.
16. Disclaimers and Limitation of Liability
16.1. Any exchange offers, return rights, warranties, or promotional programs relating to Products sold through the Digital Properties apply only to Products purchased directly through the Digital Properties, unless otherwise expressly stated by the Company in writing.
16.2. Unless expressly agreed by the Company in writing under a separate agreement, we do not recognise, assume, service, or match any warranties, guarantees, representations, offers, or commitments made by third parties relating to any Products. If you purchased a Product from a third party or authorised reseller, you should contact the original seller regarding any warranty claims, returns, exchanges, or related enquiries.
16.3. The Digital Properties, all Content, Products, services, and all other materials made available by or through the Digital Properties are provided on an “as is” and “as available” basis.
16.4. The Digital Properties may contain inaccuracies, errors, omissions, or typographical errors. To the fullest extent permitted by applicable law, we make no representation or warranty that the Digital Properties, any Content, Products, services, or other materials will be accurate, complete, reliable, secure, uninterrupted, error-free, or suitable for your requirements or intended use.
16.5. To the fullest extent permitted by applicable law, we disclaim all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, accuracy, availability, system integration, and freedom from viruses, malware, or other harmful code.
16.6. To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive or enhanced damages or losses arising out of or relating to the Digital Properties, any Content, Products, services, Orders, these T&C, or any Site Policies, including without limitation loss of income, profits, revenue, business, business opportunities, savings, anticipated savings, data, goodwill, reputation, enjoyment, performance, or health, even if the Company has been advised of the possibility of such damages.
16.7. The Company shall not be liable for claims relating to personal injury, bodily harm, or property damage except to the extent caused by the Company’s gross negligence, wilful misconduct, or liability that cannot legally be excluded.
16.8. The Company shall not be liable for any delays, delivery failures, customs delays, seizures, clearance issues, or losses arising from Carrier handling or actions occurring after the Products have been transferred to the Carrier, including actions or delays caused by customs authorities, border inspections, errors in customs documentation, or Carrier operations.
16.9. To the fullest extent permitted by applicable law, the total aggregate liability of the Company arising out of or relating to the Digital Properties, any Content, Products, services, Orders, these T&C, or any Site Policies, whether arising in contract, tort (including negligence), statute, strict liability, or otherwise, shall not exceed the total amount paid by you to the Company for the specific Product or Order giving rise to the claim.
16.10. Nothing in these T&C excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, or intentional misconduct to the extent such liability cannot legally be excluded or limited.
17. Indemnity
17.1. You acknowledge and agree that improper use or misuse of Products may result in damage, injury, or other harm, and you assume responsibility for using Products safely and appropriately.
17.2. You agree to indemnify, defend, and hold harmless the Company from and against any claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable legal fees and expenses) arising out of or relating to:
(a) your breach of these T&C or any Site Policies;
(b) your access to or use of the Digital Properties;
(c) your misuse of any Product or use of any Product contrary to the Company’s instructions, warnings, or guidelines;
(d) your violation of any applicable law or the rights of any third party; or
(e) any content, information, or materials submitted, shared, or transmitted by you through the Digital Properties or to the Company.
18. Force Majeure
18.1. No Party shall be liable or responsible to the other Party, or deemed to have breached the Agreement, for any failure or delay in performing any obligation under the Agreement (except for any obligation to pay amounts already due and payable) to the extent that such failure or delay is caused by or results from events or circumstances beyond the reasonable control of the affected Party, including without limitation:
(a) acts of God;
(b) floods, fires, earthquakes, explosions, or other natural disasters;
(c) wars, invasions, hostilities (whether war is declared or not), terrorist acts or threats, insurrections, insurgences, civil unrests, riots, or similar disturbances;
(d) laws, regulations, restrictions, sanctions, government orders, or other actions imposed by governmental authorities;
(e) embargoes or blockades;
(f) national, regional, or public emergencies;
(g) strikes, labour disputes, labour stoppages, slowdowns or other industrial disturbances;
(h) epidemics, pandemics, disease outbreaks, public health emergencies, or similar health-related events;
(i) shortages, disruptions, or failures relating to transportation, electricity, utilities, telecommunications infrastructure, or essential supplies;
(j) supply chain disruptions; or
(k) any other events or circumstances beyond the reasonable control of the affected Party.
18.2. The affected Party shall use reasonable efforts to mitigate the effects of the force majeure event and resume performance as soon as reasonably practicable.
18.3. The obligations of the affected Party shall be suspended for the duration of the force majeure event to the extent affected by the event.
19. Suspension and Termination
19.1. We may modify, suspend, discontinue, restrict, or remove all or any part of the Digital Properties at any time, with or without notice, and without liability to you or any third party.
19.2. We may, at our sole discretion and to the fullest extent permitted by applicable law, suspend, restrict, terminate, or otherwise limit your Customer Account or your access to the Digital Properties at any time, with or without cause and with or without prior notice.
19.3. You remain responsible for all Orders placed and all charges incurred prior to the suspension or termination of your Customer Account or access to the Digital Properties.
19.4. To the fullest extent permitted by applicable law, the Company shall not be liable for any claims, losses, liabilities, damages, costs, or expenses arising out of or relating to any suspension, restriction, discontinuation, termination, or limitation of access to the Digital Properties or Customer Accounts.
19.5. Where applicable law requires notice of suspension, termination, or cancellation, we may provide such notice by posting a notice on the Digital Properties or by sending a communication to any contact information associated with your Customer Account or otherwise maintained in our records.
19.6. Any provisions of these T&C which by their nature should survive suspension or termination shall survive, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnities, dispute resolution, and governing law.
20. Language Versions
20.1. These T&C and the other Site Policies may be translated into languages other than English for convenience purposes only.
20.2. We do not represent or warrant the accuracy, completeness, reliability, or correctness of any translated version of these T&C or the other Site Policies.
20.3. In the event of any inconsistency, ambiguity, discrepancy, or conflict between the English version and any translated version of these T&C or any other Site Policy, the English version shall prevail and shall be the controlling and legally binding version.
20.4. All interpretation, enforcement, and dispute resolution relating to these T&C and the other Site Policies shall be conducted by reference to the English versions of those documents.
21. Statutory Consumer Rights
21.1. Nothing in these T&C excludes, restricts, or limits any rights or remedies that cannot be excluded or limited under applicable law, including applicable consumer protection laws.
21.2. These T&C operate in addition to, and do not affect, such statutory rights.
22. Governing Law
22.1. The Agreement shall be governed by and construed in accordance with the laws of the Socialist Republic of Vietnam, without regard to any conflict of laws principles.
22.2. The Digital Properties are owned or operated by Soyon (Vietnam) Company Limited, a company registered in Vietnam with its registered office at 28 Thanh Luong 20, Hoa Xuan Ward, Danang City, Vietnam.
23. Severability
23.1. If any provision of these T&C or any other Site Policy is held to be void, invalid, illegal, or unenforceable by a court of competent jurisdiction or under any applicable law, regulation, or rule, that provision shall be deemed severed or modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions of the T&C and other Site Policies shall remain in full force and effect.
24. No Waiver
24.1. Any failure or delay by the Company in exercising or enforcing any right, remedy, or provision under these T&C or any other Site Policy shall not constitute a waiver of that right, remedy, or provision.
24.2. Any waiver by the Company of any breach of these T&C or any other Site Policy shall not constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provision.
25. Dispute Resolution
25.1. Any Dispute between you and the Company shall be resolved through individual negotiation or arbitration in accordance with Sections 25–28.
25.2. In the event of any Dispute between you and the Company that cannot be resolved through informal negotiations, the Dispute shall be referred to and finally resolved by arbitration administered by the Middle Commercial Arbitration Center (“MCAC”) in Danang City, Vietnam, in accordance with the applicable MCAC Arbitration Rules.
25.3. Before either Party initiates any arbitration proceeding, the Parties agree to make a good faith effort to resolve the Dispute informally for a period of 30 calendar days, unless extended by mutual written agreement of the Parties.
25.4. Sections 25–28 shall survive the termination of the Agreement, any Customer Account, your access to the Digital Properties, and any relationship between you and the Company.
25.5. Any amendment to Sections 25–28 shall not apply to any Dispute for which a valid notice of Dispute was submitted before the effective date of the amendment.
26. Notice of Dispute
26.1. If you intend to initiate arbitration, you must first send the Company a written notice of the Dispute. The notice must include your name, address, telephone number, email address, and sufficient information to enable the Company to identify any relevant transaction or interaction. The notice must also include:
(a) a detailed description of the Dispute;
(b) the specific facts and legal basis supporting your claim(s);
(c) the nature and basis of the damages or relief sought; and
(d) a calculation of the relief sought, where applicable.
26.2. Your notice of Dispute must be personally signed by you and sent by both registered post and email to:
(a) Email: legal@harara.run
(b) Postal address:
Soyon (Vietnam) Company Limited
Attn: Legal Officer
28 Thanh Luong 20
Hoa Xuan Ward
Danang City, 550000
Vietnam
26.3. If the Company intends to initiate arbitration, the Company will send a notice of Dispute to the contact information associated with your Customer Account or otherwise provided by you.
27. Negotiation and Arbitration Procedure
27.1. As part of the informal dispute resolution process, the Company may require you to participate personally (with your legal representative, if applicable) in a telephone or video conference to discuss the potential resolution of the Dispute.
27.2. If the Dispute is not resolved within 30 calendar days after receipt of the notice of Dispute, or within any longer period agreed by the Parties in writing, either Party may commence individual arbitration before MCAC. The Parties agree that:
(a) the seat and place of arbitration shall be Danang City, Vietnam;
(b) these T&C, the Site Policies, and the arbitration proceedings shall be governed by the substantive laws of the Socialist Republic of Vietnam;
(c) the language of the arbitration shall be English;
(d) the arbitral tribunal shall consist of three arbitrators, with each Party appointing one arbitrator and the two appointed arbitrators selecting the presiding arbitrator;
(e) the arbitration shall be conducted in accordance with the expedited procedures set out in the applicable MCAC Arbitration Rules, where permitted by MCAC; and
(f) any arbitral award shall be final and binding on the Parties, and the Parties waive any right of appeal or review to the fullest extent permitted by applicable law.
27.3. Filing fees, administrative fees, and arbitrator fees shall be allocated in accordance with the applicable MCAC Arbitration Rules.
27.4. Each Party shall bear its own legal fees and costs associated with the arbitration, unless otherwise required by applicable law or determined by the arbitral tribunal.
27.5. You may request that the arbitration be conducted by telephone, by video conference, or based solely on written submissions, subject to the discretion of the arbitral tribunal and applicable MCAC rules. The Company reserves the right to request an in-person hearing. You agree to personally attend any in-person hearing, together with your legal representative, if applicable.
28. Class Action Waiver
28.1. You and the Company agree that all Disputes shall be brought solely in an individual capacity and not as a plaintiff, claimant, class member, or representative in any purported class action, consolidated proceeding, collective action, private attorney general action, or representative proceeding.
28.2. The arbitrator may award declaratory or injunctive relief only in favour of the individual Party seeking relief and only to the extent necessary to resolve that Party’s individual claim. The arbitrator may not award relief for or against any person who is not a party to the arbitration.
28.3. Unless otherwise agreed in writing by both Parties, the arbitrator may not consolidate the claims of multiple persons or preside over any form of representative, collective, or class proceeding.
28.4. If a court of competent jurisdiction determines that any portion of this section relating to class action waivers or public injunctive relief is unenforceable, then any such claim shall be severed and stayed pending resolution of the remaining claims through arbitration.
29. Site Policies and Entire Agreement
29.1. These T&C form part of the Agreement together with the following Site Policies:
(a) Extended Purchase Warranty Policy;
(b) Privacy Policy;
(c) Returns & Exchanges Policy; and
(d) Shipping Policy.
29.2. The Site Policies are incorporated into and form part of the Agreement.
29.3. In the event of any inconsistency between these T&C and any other Site Policies, the T&C shall prevail to the extent of the inconsistency.
29.4. The Agreement constitutes the entire agreement between the Parties relating to its subject matter and supersedes all prior or contemporaneous discussions, negotiations, representations, warranties, communications, and understandings, whether oral or written, relating to that subject matter.
30. Changes to Terms & Conditions
30.1. We reserve the right to modify or update these T&C and any Site Policies from time to time.
30.2. If we make material changes to these T&C or any Site Policies, we will provide notice by posting the updated version on the Digital Properties or by other reasonable means.
30.3. We may update the “Last updated” date displayed at the beginning of these T&C and any Site Policy to reflect the date of any modification or update.
30.4. Unless otherwise required by applicable law, material changes to these T&C or any Site Policies will take effect 30 calendar days after notice is provided. Your continued access to or use of the Digital Properties after the effective date of the revised T&C and Site Policies constitutes your acceptance of the revised terms.
30.5. Notwithstanding the foregoing, changes required for legal compliance, fraud prevention, security, or operational necessity may take effect immediately upon posting where permitted by applicable law.
30.6. If you do not agree to the revised T&C or Site Policies, you must stop using the Digital Properties before the changes take effect.
31. Contact Information
31.1. If you have any questions regarding these T&C, the Site Policies, or our practices, you may contact us at:
(a) Email: legal@harara.run
(b) Postal address:
Soyon (Vietnam) Company Limited
Attn: Legal Officer
28 Thanh Luong 20
Hoa Xuan Ward
Danang City, 550000
Vietnam
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