條款及細則

Barkmall 服務條款

以下條款只提供英文版本。

General Terms and Conditions

Services

  • 1.1
    This Website is owned and operated by Furrytails Limited, its subsidiaries, group members, affiliates and/or assigns (collectively "we", the "Company" or "Barkmall") and we own and operate the site. Our site facilitates a convenient way to shop online and to enjoy pet-centric content and promotions including by using our applications or software (“services”).
  • 1.2
    By using our site you agree to be bound by the following terms and conditions. The terms and conditions apply to any access to, and use of, this Website. These terms and conditions will be strictly applied to any contract for the sale of Products or services to You. Please read the terms and conditions carefully before placing an order to ensure that You understand them.
  • 1.3
    We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on our site. Your continued access and use of our site and our services shall represent your unconditional acceptance of the latest version of the terms and conditions.
  • 1.4
    The meaning of some words used in these terms and conditions:
  • 1.4.1
    we”, “us” or “our” is a reference to (name of person or company providing the services).
  • 1.4.2
    you” or “your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.
  • 1.4.3
    Content” means all content available on the Website, which includes text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed, compiled or used in or in relation to our site.
  • 1.4.4
    merchandise” means the goods or services displayed on the Website or which you ordered through our site, which you will pay for.
  • 1.4.5
    intellectual property rights” means any and all patents, trademarks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
  • 1.4.6
    services” has the meaning given in clause 1.1.
  • 1.4.7
    supplier” means the seller and supplier of the merchandise you ordered through our site.
  • 1.4.8
    site” means our Barkmall’s website with an address at www.Barkmall.com, and any associated sites linked to it.
  • 1.4.9
    User Content” has the meaning given in clause 11.1.

Registration

  • 2.1
    You are required to register with us when you use the services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.
  • 2.2
    You warrant and represent to us and to all suppliers of the merchandise through our site that all purchases made by you through our site will be within the scope of your authority to conclude contracts.
  • 2.3
    In consideration of your use of our services, you:
  • 2.3.1
    agree, warrant and represent to provide true, accurate, current and complete information in all respects about yourself (“Personal Information”) when filling out our registration form;
  • 2.3.2
    maintain and promptly update your registration information to keep it true, accurate, current and complete.
  • 2.3.3
    in particular You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.

Order

  • 3.1
    Except where otherwise specified, we are not the seller or supplier of the merchandise. We are responsible for managing and administering the site, arranging order processing and fulfilment for the merchandise you ordered from the suppliers through our site.
  • 3.2
    When you place an order you are making an offer to buy from the supplier the merchandise you have specified at the price stated for those merchandise. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
  • 3.3
    We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:
  • 3.3.1
    details of what you have ordered,
  • 3.3.2
    details of the price charged,
  • 3.3.3
    information about the progress of your order, and
  • 3.3.4
    estimated dispatch and delivery information.
  • This communication will be our acceptance of your order on behalf of the supplier. You may track your order status online.
  • 3.4
    Our acceptance of your order will only cover the merchandise mentioned in it and may not cover all the merchandise you ordered. If this is the case, then the order you made for the remaining merchandise will only be accepted when we send a further acceptance of that part of your order.
  • 3.5
    The availability of the merchandise is as shown online and will be updated regularly by the supplier. They should not be relied on as definite statements as to whether the merchandise you wish to purchase are actually in stock.
  • 3.6
    We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
  • 3.6.1
    no sufficient stock to deliver the merchandise you have ordered;
  • 3.6.2
    the merchandise you have ordered is no longer available;
  • 3.6.3
    we are unable to obtain authorisation for payment or there is a problem receiving your payment;
  • 3.6.4
    the quantity of the merchandise you have ordered is above restrictions placed by the supplier or us, as the case may be;
  • 3.6.5
    no delivery can be arranged for your area;
  • 3.6.6
    one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier; or
  • 3.6.7
    you fail to meet the eligibility to order criteria as otherwise set out in the terms and conditions.
  • 3.7
    If there are any problems with your order, you may be contacted by our customer service team as soon as possible. If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
  • 3.8
    To be eligible to purchase merchandise on this Website and lawfully enter into and form a contract with us and the supplier, you must:
  • 3.8.1
    when creating an order, provide Your real name, phone number, email address, payment details and other requested information; and
  • 3.8.2
    possess a valid credit or debit card issued by a bank acceptable to us.
  • 3.9
    By making an offer to buy merchandise, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including, but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate Your debit or credit card, to obtain an initial debit or credit card authorisation and to authorise individual purchase transactions.

Price and Payment

  • 4.1

    The prices of the merchandise will be as quoted on the Website at the time you submit your order. We will use all reasonable commercial endeavours to display accurate and up to date prices on our site.

    Our Website contains a large number of merchandise. It is always possible that, despite our reasonable efforts, some of the merchandise on the site may be incorrectly priced. If we discover an error in the price of the merchandise You have ordered we will contact You to inform You of this error and we will give You the option of continuing to purchase the merchandise at the correct price or cancelling your order. Further, because prices of the type of merchandise for sale are often updated by the supplier we cannot state the definite price until we send you our acceptance of your order.

  • 4.2
    If the price of the merchandise is higher at the time we are ready to send our acceptance of your order to what it was at the time you placed your order then we will either:
  • 4.2.1
    cancel your order, or
  • 4.2.2
    contact you to ask you whether you wish to pay the higher price or cancel your order.
  • 4.3
    If the order is cancelled by us, if you have already made any payment, we will make a refund on any sum deducted by us from your credit card. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mispricing, we do not have to provide the merchandise to You at the incorrect (lower) price.
  • 4.4
    We only accept credit card payments made by Apple Pay, Google Pay, Visa and MasterCard. When you place an order you authorise us to debit the credit card you specify on your order for the amount of the order at the time we send our acceptance of your order. Title in the merchandise does not pass to you until payment has been received.
  • 4.5
    We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
  • 4.6
    The price of merchandise does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our delivery charges.
  • 4.7
    You confirm that the credit or debit card used for the purchase of the merchandise is Yours. All credit and debit cards are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorise payment to Us, We will not be liable for any delay or non-delivery.

Delivery

  • 5.1
    We only make deliveries in the specified areas of Hong Kong from Monday to Sunday except on the first two days of the Lunar New Year and when typhoon warning signal No. 8 or above or black rainstorm warning is in force. We reserve the right to decline delivery at our sole discretion. You agree and accept that you will collect your ordered merchandise from our logistics centre and under no circumstances will we accept cancellation of order or refund.
  • 5.2
    We will deliver the merchandise ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. You agree to present your photo identification upon request when you acknowledge receipt of the merchandise. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons.
  • 5.3
    Unless otherwise specified, we will use all reasonable commercial endeavours to make delivery within 24 hours after your order is accepted. Subject to prior online arrangement, you may be offered to select from any one of the delivery timeslots available at the time you make your order. Typically, we will endeavour to deliver your order as follows:
    Location in Hong Kong Barkmall Other Sellers
    Hong Kong Island 2-3 business days 4-7 business days
    Kowloon 2-3 business days 4-7 business days
    New Territories 2-3 business days 4-7 business days
    Discovery Bay, Tung Chung & Ma Wan 2-3 business days 4-7 business days
    BARKMALL Other Merchants
    Hong Kong Island
    1-2 business days 4-7 business days
    Kowloon
    2-3 business days 4-7 business days
    New Territories
    2-3 business days 4-7 business days
    Discovery Bay, Tung Chung & Ma Wan
    2-3 business days 4-7 business days
  • 5.4
    We may deliver the merchandise in one or more instalments, and some of the merchandises may be delivered directly from suppliers. Any times and dates given for dispatch of merchandise, or the length of time that merchandise will take to be delivered, are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. You agree and accept that under no circumstances will we accept cancellation of order or refund.
  • 5.5
    You will become the owner of the merchandise you have ordered when they have been delivered to you. Once merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
  • 5.6
    Unless otherwise specified, delivery charge will be imposed on each delivery for every order at the rate of HK$80 for unregistered purchaser or general members at the “Insider” tier (“general members”) and at the rate of HK$60 for registered members at “VIP” and “Premier” VIP members (“VIP members”). Our current free delivery threshold calculated by total billed amount for a single order is as follows:
  • 5.6.1
    General members: $500
  • 5.6.2
    VIP members: $350
  • The free delivery threshold with the total billed amount for a single order will be effective as below from 31 March 2022 until further notice.
  • Membership (1) Delivery to residential address by Barkmall
    Free delivery threshold Delivery fee
    General member Total billed amount* over $500 $80
    VIP / Premier Total billed amount* over $350 $60
    Bark First Member All billed amount $0
    Delivery to residential address by Barkmall
    Free delivery threshold Delivery fee
    General member
    Total billed amount* over $500 $80
    VIP / Premier
    Total billed amount* over $35 $60
    Bark First Member
    All billed amount $0
  • Friendly Reminder:

    1. Once the check-out process is completed, the delivery address cannot be changed.
    2. If the total billed amount of the order does not meet the minimum requirement of $350 for free shipping, the shipping fee will be counted based on the account membership level, for example, VIP/Premier members shall pay $60 for shipping, general members shall pay $80 for shipping, and the final amount is based on the shopping bag.

    *Remarks:

    1. The total billed amount refers to the amount after discounts and excludes the delivery fee.
    2. The goods delivered by Barkmall cannot be combined with goods delivered by sellers for the calculation of the total billed amount.

    In order to protect customers’ interests, you are suggested to add the favourable items to the shopping bag or wishlist and reconfirm the payment details (including the total billed amount and delivery fee) before proceeding to payment.

  • Seller Delivery

    For goods directly delivered by the seller, you may enjoy a free delivery service by spending a specified amount in the same store, if applicable. Due to the different designated spending amounts required for each seller, you may check the delivery details of the relevant seller on the product description page where available.

    We reserve the right to amend the free delivery threshold at any time and from time to time.

  • 5.7
    We will endeavour to fulfil deliveries to remote areas and outlaying islands, and buildings without elevator facility. We may, at our completely and sole discretion, decline to delivery to a remote area or outlaying islands. Should we accept your order to remote areas or outlaying islands, such shall incur extra delivery and handling charges and as such a flat fixed fee of $50 will be charged.
  • 5.8
    If your delivery address is of a building that has no lift (a “walk-up building”) on a 3rd floor or above, or otherwise the lift(s) are out of order you are required to pay a fixed extra charge of $50 to be handed to our delivery partner or our staff in cash. If you anticipate or know that you will not be home to receive your order, you are required to notify us by email in advance so we could arrange for online payment in advance prior to making the delivery to you. If you are unable to make payment prior to or upon the delivery, your delivery may be reschedule to another time after payment is made.
  • 5.9
    We understand you may not be home to receive delivery of your merchandise. You may provide us with drop-off instructions if and where possible during or after checkout (“delivery instructions”), and our delivery partner or staff will do their best endeavours to consider such delivery instructions, for example to leave the delivery by the front door or at your building’s management office, but are not obliged to follow the delivery instructions in any event. Your delivery may be rescheduled if you are unable to receive such in person. We are not responsible for any merchandise after its delivery if such has been left according to your instructions or request.
  • 5.10
    Sellers selling on our site who are located outside of Hong Kong SAR (“International Sellers”) would endeavour to deliver the merchandise you purchased up to 14 days or earlier where possible. International Sellers may provide their own shipping rates, time and method as specified in their storefront page or listings. International Sellers are responsible to include all fees and prices inclusive of VAT, where such is applicable.
  • 5.11
    Please note for international orders (outside of Hong Kong SAR) (“international order”) by an International Seller, due to international trading agreements and custom regulations, shipping restrictions are applied to some brands and products. A product that is restricted to be shipped to your destination will be removed from your shopping cart. Free delivery may not be applicable to international order. Shipping and delivery costs for an international order will be calculated at checkout.
  • 5.12
    Shipping internationally may, in addition to Barkmall’s terms and conditions and applicable policies, be subject to each seller or supplier’s availability and conditions. For the avoidance of doubt, free shipping internationally may not be available irrespective to any purchasing order value. Any international shipping, returns or exchanges would be subject to the sole and absolute discretion of each supplier or seller as the case the case may be.

Returns or Exchanges

  • 6.1
    Unless otherwise specified, no return or exchange of merchandise will be accepted. Please read the returns or exchanges policy as specified by the supplier carefully before you place an order.
  • 6.2
    Subject to the returns or exchanges policy of individual supplier, merchandise may be returned or exchanged within seven (7) days of receipt if the merchandise you ordered are faulty, defective or damaged (with no fault on your part), or the merchandise is not what you ordered, or the delivery is of an incorrect quantity, provided that:
  • 6.2.1
    the returns or exchanges policy applies, and unless otherwise stated by the supplier or seller shall be limited to seven (7) days;
  • 6.2.2
    the merchandise is unused, unopened and in the condition originally sold together with all parts and accessories which are provided with the merchandise including manuals, certificates, labels, tags, consumables, bags, original packaging and boxes;
  • 6.2.3
     the packaging of the merchandise must be in the condition in which it was delivered to you and be in good resalable condition;
  • 6.2.4
    food, treats, supplements, dog houses, cat climbers, beds, carriers, crates or kennels returns or exchanges may not be accepted for health and hygiene reasons; and
  • 6.2.5
    a request for return or exchange is sent to our customer service representative via Live Chat and the merchandise is returned to us or to the supplier at the delivery address within the prescribed time period.
  • 6.3
    To make a request for return or exchange, you must make a request for return or exchange sent to our customer service representative via Live Chat, or if available:
  • 6.3.1
    check the checkbox of the merchandise and select the quantity you wish to return;
  • 6.3.2
    check the checkbox of the merchandise and select the quantity you wish to return;
  • 6.3.3
    select Reason of Return and provide us with complete details and reason as to why you are making the return request;
  • 6.3.4
    print the return slip and ship the product back to us, properly packaged and insured at your own expense using a trackable delivery service, such as S.F. Express, DHL, or registered Hongkong Post. You must keep the tracking details for your records; and
  • 6.3.5
    if the above method described in clauses 6.3.1 to 6.3.4 inclusively, you must make the return request via Live Chat by contacting our customer service representative.
  • 6.4
    You agree and accept that merchandise accepted for returns are only eligible for refund in the form of BARK Mall Dollar (Refund) carrying with an expiry date for your next purchase. No cash refund will be offered. If any promotional discount was applied to the total purchase amount at time of purchase, you will be refunded BARK Mall Dollar (Refund) in the amount paid at the time of purchase for that item. If you have used BARK Mall Dollar (Refund) on the purchase, the accumulated BARK Mall Dollar (Refund) will be deducted from your user account. You agree and accept that all BARK Mall Dollar (Refund) will be cancelled when your user account is terminated.
  • 6.5
    You agree and accept that merchandise is acceptable for exchange subject to stocks availability.
  • 6.6
    You agree and accept that it will be at the supplier’s sole discretion whether the merchandise is accepted for return or exchange. We will only accept the return of merchandise directly to us where we are the direct supplier of the merchandise. In any event, under no circumstances will we or be held liable for your damages for whatever reasons. If there is any dispute as to exchange or return, our decision shall be final.
  • 6.7
    Any merchandise purchased under sale, discount, or otherwise under a promotion of any kind will not be returned.

Disclaimer of Warranties and Limitation of Liability

  • 7.1
    By accessing and using this site, you acknowledge and accept that the use of the site is at your own risk. We do not represent or warrant that access to our site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
  • 7.2
    We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
  • 7.3
    We do not represent or warrant that:
  • 7.3.1
    any services (whether or not provided by us) will be provided with due care and skill; or
  • 7.3.2
    any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
  • 7.4
    You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
  • 7.5
    To the maximum extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
  • 7.5.1
    any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (including using our applications or software) or any information on our site;
  • 7.5.2
    the unavailability of our site (or any part of it), merchandise or services;
  • 7.5.3
    any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
  • 7.5.4
    any merchandise not being of merchantable quality or fit for their intended purpose; or
  • 7.5.5
    any misrepresentation on or relating to our site, the merchandise or the services.
  • 7.6
    Save as required by law:
  • 7.6.1
    we will not be liable to you for any direct, indirect or consequential loss, exemplary or punitive damages or other damages or expenses, including loss of profits or revenue, business or goodwill, arising out of any use of, access to, or inability to use the site or otherwise any problem you notify to us, and
  • 7.6.2
    we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
  • 7.7
    You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from our site. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
  • 7.8
    You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase merchandise through our site you will enter into a separate contract with the supplier in each case.
  • 7.9
    None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.
  • 7.10
    Without limiting any of the aforementioned or foregoing: THIS SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT. WE ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE MAXIMUM EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE SITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.
  • 7.11
    Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

Warranties

  • 8.1
    You represent, warrant and covenant that you will not:
  • 8.1.1
    use our site for any fraudulent or unlawful purpose;
  • 8.1.2
    use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
  • 8.1.3
    interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
  • 8.1.4
    transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
  • 8.1.5
    reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site (including our applications or software);
  • 8.1.6
    modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software);
  • 8.1.7
    frame or mirror any part of the site without our express prior written consent;
  • 8.1.8
    create a database by systematically downloading and storing the Content, User Content or any site content; and
  • 8.1.9
    You shall ensure that the merchandise is not used for any purpose for which it is not suitable and shall be fully responsible for exercising all necessary skill and care in handling and using the merchandise. You further expressly acknowledge and agree that we assume no obligation or liability for any advice or information given in relation to the merchandise, and we shall not be responsible for any inaccuracy or misstatement of any such information. The merchandise shall be accepted by the you entirely at your own risk. Some merchandise may be a choking hazard to pets and children, and you are fully responsible for monitoring the proper use of products around pets and children, including following supervision and feeding guidelines as suggested by the manufacturer. Pets and children should never be left alone with products without adult supervision.
  • 8.1.10
    infringe any copyright, design right and intellectual property right in the merchandise.
  • 8.2
    Some products that are sold on our site might be covered by manufacturer warranties. Whilst we may, in our sole and absolute discretion, offer assistance in claiming a manufacturer warranty, the administration and conditions of such warranties are the responsibility of the manufacturer. We will not be responsible for any goods.

Content

  • 9.1
    The intellectual property rights in all Content are owned, controlled or licensed by or to us. Except for the rights granted to you under clause 10.2, nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.
  • 9.2
    Subject to these terms and conditions, you may use the Content for your own personal purposes.
  • 9.3
    Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:
  • 9.3.1
    use the Content for any commercial or other non-personal purpose;
  • 9.3.2
    make any copies of the Content or transfer the Content to any other device or any other person; or
  • 9.3.3
    otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
  • 9.4
    You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this clause.
  • 9.5
    We shall use all reasonable commercial endeavours to ensure the accuracy of the Content but give no warranties and make no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the content of advertisements appearing on our site rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our site.

User Generated Content

  • 10.1
    When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our site (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this clause 11.1 include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
  • 10.2
    You represent, warrant and covenant that:
  • 10.2.1
    you have the legal right and authority to grant the licence in clause 11.1 above;
  • 10.2.2
    you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in clause 11.1 above;
  • 10.2.3
    by exercising the licence in clause 11.1 above, we shall not infringe the intellectual property rights or other rights of any third party;
  • 10.2.4
    to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in clause 11.1 above;
  • 10.2.5
    the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our site; and
  • 10.2.6
    at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
  • 10.3
    You shall be legally liable for the User Content and we shall not be responsible nor liable for any User Content under any circumstances, regardless of whether we had knowledge of the User Content.

Indemnity

  • 11.1
    You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.

Linked Websites

  • 12.1

    The Site may contain links to, or advertisements for, third party web sites (collectively, "Third Party Sites") (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third Party Sites are not under our control and we are not responsible for any Third Party Sites. We provides links to these Third Party Sites only as a convenience and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.

    Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

    You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.

Termination

  • 13.1
    We may terminate your access to our site or registration immediately if you are in breach of any of these terms and conditions.
  • 13.2
    Any rights that have accrued to either party at the date of termination will remain enforceable after termination.

Intellectual Property

  • 14.1
    All intellectual property rights in the Content, User Content, design, text, graphics and other material on our site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited.
  • 14.2
    All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

General

  • 15.1
    Where in these terms representations and warranties are made to us and to suppliers of merchandise through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you.
  • 15.2
    We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
  • 15.3
    We have made every effort to make clear whether the quoted prices for merchandise available through our site include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.
  • 15.4
    We take privacy issues seriously and we value your personal privacy. Our privacy policy covers our use of any information you provide. In using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
  • 15.5
    We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
  • 15.6
    We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
  • 15.7
    If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
  • 15.8
    We may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.
  • 15.9
    You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
  • 15.10
    These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
  • We reserve the right to terminate or vary the above offers from time to time without providing any prior notification. In the event of any dispute, our decision shall be final and conclusive.

    These terms and conditions form the integral part of the General Terms and Conditions.

    Last Updated: 10 November 2021

  • 15.11
    These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.