Terms and Conditions

Last update: September 2023

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY:

These Terms of Use are entered into exclusively between Us and any person (鈥淵ou鈥? who accesses or uses the Website or purchases any of the services or products on the Website, and for this purpose 鈥渟ervices鈥?includes any sport, leisure and recreational facilities (the 鈥淔acilities鈥?.

We, 鎴樻湳鏋寘 Hong Kong Company Limited (鈥淲e鈥? 鈥淯s鈥?or 鈥滄垬鏈灙鍖呪€? reserve the right to change the terms under these Terms of Use at any time and from time to time without prior notice. Revised versions of these Terms of Use shall appear on our website and are rendered effective immediately. Continued use of our website upon any such changes signifies your consent to or acceptance of such changes. You are invited to regularly review any changes of them. They may be accessed from the Website at any time and prevail over any other version or any other conflicting document. You have the option of printing them so that You may refer to them at a later date.

鈥淲ebsite鈥?means the website on www.鎴樻湳鏋寘.com.hk and any 鎴樻湳鏋寘鈥檚 applications for mobile devices and any other devices as 鎴樻湳鏋寘 may deem fit.

By using the Website, including any services that facilitate the sharing of content to or from third party sites, You agree to accept the practices described in these Terms of Use as well as Our Privacy and Cookies Policies which applies to all information submitted to Us via the Website and which may be collected during that operation under prevailing laws (the policy may be accessed on the following Internet page: [ https://www.鎴樻湳鏋寘.com.hk/en/help/services/_/R-a-privacy-policy ] (collectively referred herein as 鈥渢his Agreement鈥?. The access and the use of the Website by You means that You accept the terms of this Agreement.

To the fullest extent as permitted by the relevant laws and regulations, should any dispute, inconsistency or controversy arise, 鎴樻湳鏋寘鈥檚 decision shall be final.

As a condition of your access and use of the Website, You warrant that:

You are 18 years old or older;

You have the legal authority and capacity to enter into this Agreement and to use the services proposed and to purchase the services and products on the Website in accordance with this Agreement;

You are fully conversant in English and/or Chinese;

All the information You supply is true, current, complete, reliable, accurate and enables Us to comply with all our obligations;

You will use the Website with normal frequency and only place orders for You and others for whom You are legally authorised to act;

You are not using the Website or any of the services or products on the Website as a business or even if not as a business, for any financial gain.

In these Terms of Use unless the context otherwise requires:-

(a) the singular includes the plural and vice versa and reference to any gender includes all genders;

(b) headings are for convenience and do not affect the interpretation;

(i) to any statute or provision as from time to time enacted, amended, modified or re颅enacted;

(ii) to any statute or statutory provision which has not yet been repealed, amended, modified or re颅 enacted at the time of execution of these Terms of Use; and

(iii) to any orders, regulations, instruments or other subordinate legislation made under any statute or statutory provision.

(d) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person鈥檚 legal and personal representatives, successors and permitted assigns.

(e) references to writing include any modes of reproducing words in a legible and non-transitory form.

(f) references to times of the day are to that time in Hong Kong.

(g) general words introduced by the word "other" shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things.

(h) general words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words.

(i) the words 鈥渋ncluding鈥? 鈥渋ncludes鈥?and 鈥渇or example鈥?shall be deemed to be followed by the words 鈥渨ithout limitation鈥?

Any provisions in 1.1,1.2 and 1.3 of these Terms and Conditions shall not be applicable to any persons or entities who/which are not dealing with use for personal and non-commercial use solely that includes B2B members, persons who purchased the product(s) for purposes which do not correspond to reasonable individual or household needs (subject to the Assessment (as defined below)), companies, professionals, businesses, NGOs, clubs, schools or government bodies.

We may revise these Terms and Conditions at any time and from time to time without prior notice. Revised versions of these Terms and Conditions shall appear on our website and are rendered effective immediately. To continue using and/or maintaining the membership of 鎴樻湳鏋寘 signifies your consent to or acceptance of such amendments.

To the fullest extent as permitted by the relevant laws and regulations, should any dispute, inconsistency or controversy arise, 鎴樻湳鏋寘鈥檚 decision whether to accept or refuse any request for refund or exchange shall be final.

1. 鎴樻湳鏋寘 HONG KONG鈥橲 MEMBERSHIP PROGRAMME FOR PERSONAL AND NON-COMMERCIAL USE

The Membership programme is offered to all users who can provide a valid email address, hereinafter referred to as the "Cardholder", "Member", 鈥淢embership鈥?or 鈥測ou鈥?

On presentation of the 鎴樻湳鏋寘 Virtual Card/Membership Number, the Membership programme is valid for any purchase made online or in the store:

In all 鎴樻湳鏋寘 stores in Hong Kong, where 鎴樻湳鏋寘鈥檚 passion brand is present and the Membership programme is applied on www.鎴樻湳鏋寘.com.hk and any 鎴樻湳鏋寘鈥檚 applications for mobile devices and any other devices as 鎴樻湳鏋寘 may deem fit.

The 鎴樻湳鏋寘 Membership and 鎴樻湳鏋寘 Virtual Card is free of charge.

1.1 Definitions

In these terms and conditions the following definitions apply:

Membership Programme means 鎴樻湳鏋寘 Membership programme under which Member will be issued a 鎴樻湳鏋寘 Virtual card;

鎴樻湳鏋寘 Card means a card issued to a 鎴樻湳鏋寘 User that has successfully registered to the Membership Programme; 鎴樻湳鏋寘 Members will receive Virtual card which is a digital format 鎴樻湳鏋寘 Card.

1.2 Terms and conditions of use

1.2.1 These terms and conditions of use set forth the conditions upon which 鎴樻湳鏋寘 administers its聽 Membership Programme. By agreeing to participate in the Membership Programme the member accepts the terms and conditions set out in this document.

1.2.2 These terms and conditions of use are available online at www.鎴樻湳鏋寘.com.hk.

1.2.3 Membership Programme members must provide his/her email address for registration.

1.2.4 Members of theMembership Programme must keep 鎴樻湳鏋寘 updated of any personal detail changes. 鎴樻湳鏋寘 cannot be held responsible for any loss incurred by inaccurate personal detail. Members should ensure that any name or address changes are reported via one of the following methods:

By logging in to the cardholder/Member鈥檚 account on www.鎴樻湳鏋寘.com.hk and any 鎴樻湳鏋寘鈥檚 applications for mobile devices and any other devices as 鎴樻湳鏋寘 may deem fit;

By sending an email to [email protected]

1.2.5 The 鎴樻湳鏋寘 Card, and/or Virtual card and/or any benefit conferred by such card is not transferable, cannot be sold, bought, traded and/or copied in any way and can only be used by the cardholder who is named and registered as the 鎴樻湳鏋寘 Card holder.

1.2.6 鎴樻湳鏋寘 Virtual card remains the responsibility of the Membership Programme cardholder, as do any security details relating to the account. 鎴樻湳鏋寘 cannot be held responsible for any loss arising from the cardholder failing to ensure the safe-keeping of these items.

1.2.7 鎴樻湳鏋寘 may, at any time, decline to issue, withdraw, suspend or terminate any 鎴樻湳鏋寘 Card and/or Virtual Card in whatever form, and/or suspend or terminate any 鎴樻湳鏋寘 Membership (as the case may be) if in the opinion of 鎴樻湳鏋寘 there is:

(a) any abuse or attempted abuse of the scheme;

(b) any fraudulent use of the card by the cardholder and/or any third party acting on behalf of the cardholder;

(d) any behaviour relating to the Membership Programme or 鎴樻湳鏋寘 that involves theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information; or

(e) any Membership being unused for a period more than two (2) years.

For the avoidance of doubt, when 鎴樻湳鏋寘 declines to issue, withdraws, cancels or terminates the 鎴樻湳鏋寘 Card, Virtual Card, any gift cards and/or suspends or terminates any 鎴樻湳鏋寘 Membership as specified in paragraphs (a) to (e) above (as the case may be), you shall not be entitled to any compensation of any kind whatsoever and 鎴樻湳鏋寘 may cancel any outstanding points (if any) at the time of making such decision.

1.2.8 A cardholder of the Membership Programme may leave the scheme at any time. By leaving the Membership Programme, members forfeit the right to any gift cards and benefits already accrued or issued.

1.2.9 You may terminate your Membership at any time by giving notice in writing to us; 鎴樻湳鏋寘 will cancel any outstanding points (if any) after receiving the aforesaid notice.

1.2.10 The 鎴樻湳鏋寘 Virtual Card is free of charge.

1.3 Registration for the 鎴樻湳鏋寘 Membership Programme

1.3.1 By registration 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.

1.3.2 To participate in the Membership Programme, Users must complete the membership registration聽 form available:

(a) On our 'My Account' Tablets from which their 鎴樻湳鏋寘 Virtual Cards will be dispensed; or

(b) Online - by going to www.鎴樻湳鏋寘.com.hk then clicking 鈥榤y 鎴樻湳鏋寘 card鈥?and clicking 鈥楥reate your 鎴樻湳鏋寘 account鈥? Subject to correctly completing the application form, Users will be issued with an online Membership account and a Virtual Card; or

(d) The Membership Programme is for individual and normal consumer use only. No 鎴樻湳鏋寘 Card, Virtual Card, Voucher, e-Voucher or Gift Card and/or other benefit conferred by the Membership Programme may be used for any business transaction or purpose.

(e) The Membership Programme and any 鎴樻湳鏋寘 Card and/or Virtual Card are valid at all 鎴樻湳鏋寘 stores in Hong Kong. The programme is also valid online at www.鎴樻湳鏋寘.com.hk.

(f) QR Code Log-In -Store Users may scan the In-store QR Code membership application to become a member by providing your email address and personal details.

1.4 Benefits of the Membership Programme

1.4.1 Membership Programme members will be able to take advantage of the following benefits:

(a) Exclusive product testing for Members.

(b) Enrolment to events held by 鎴樻湳鏋寘.

(c) Exclusive services, e.g. with regard to the product(s) supplied by us, Refund/Exchange for a period of time as determined by 鎴樻湳鏋寘 at its sole and absolute discretion from time to time.

(d) E-Receipts for Easy Exchanges/Refund. You can do any refund/exchange without a receipt as the details of your purchases are registered in your 鎴樻湳鏋寘 Card when presenting it at the moment of the purchase.

(e) Personalized Sports Advice and Content. Regularly issue sports news, tips and other exciting content that are custom-made for Members only.

(f) Earn and collect points via the membership account, members may redeem Gift Vouchers as specified in 1.6.2 below.

1.5 Additional Benefits of the Membership Programme:

1.5.1 When 鎴樻湳鏋寘 or a third party seller , for quality and safety reasons to cancel a sale and /or recall a product, 鎴樻湳鏋寘 will display the product recall notice in the customer service desk area as soon as practicable. Alternatively, 鎴樻湳鏋寘 may consider to contact the user directly either by email, mail, or phone call. 鎴樻湳鏋寘 will not take responsibility if the member鈥檚 details are out of date.

1.5.2 Possibility to exchange items purchased online without presenting the receipt.

1.5.3 The customer will automatically receive emails related to the membership programme.

1.5.4 鎴樻湳鏋寘 will communicate to customers about special offers, news and sporting events organized by your local store, unless the customer has expressly communicated the desire not to receive these communications.

1.6 鎴樻湳鏋寘 One Membership Program (under the existing Membership Program)

From 11th July 2022 onward, any individual 鎴樻湳鏋寘 member purchasing in 鎴樻湳鏋寘 Hong Kong online store (www.鎴樻湳鏋寘.com.hk) and/or in the stores is eligible for earning points in the 鎴樻湳鏋寘 One聽 Membership Program.聽

1.6.1 Eligibility

To become a Member of the Programme, you must be 18 years of age or above. To enroll in the Programme, you simply need to have registered for the 鎴樻湳鏋寘 membership account at www.鎴樻湳鏋寘.com.hk or other methods as prescribed in 1.3.2 below. Once you have registered as a member, you do not need to have a subscription to earn points. Business account members will not be participating in this Programme.

1.6.2 Points Collection

Members must enter his/her membership card details or presented in other forms as accepted Member identification method by 鎴樻湳鏋寘, as the case may be at the time of purchase with specific payment media to enjoy member shopping privileges and/or earn points.

Points will be calculated and may be redeemed in accordance with 鎴樻湳鏋寘One Membership Programme prevailing from time to time and posted at stores.

Points will not accrue until 鎴樻湳鏋寘 has accepted the Membership registration by issuing the Card to the Member or indicated acceptance of Membership through electronic media, as the case may be.

Members may check their accrued points in the Membership Account鈥檚 dashboard via 鎴樻湳鏋寘鈥檚 official website. The information on the Membership Account鈥檚 dashboard is provided for the member's reference only and might not necessarily indicate the correct balance of the member's account. 鎴樻湳鏋寘鈥檚 records shall (in the absence of manifest error) be conclusive in showing the correct balance.

Points will normally be credited to a member's account after 1-2 business days from the day when the member makes the purchase with 鎴樻湳鏋寘 One Membership Account. We will not be responsible for any delay of crediting the points in your account in any circumstances.

Points accrued are redeemable by the Member him/herself only and not transferable to any other person, and cannot be transferred to another Member's account or another account of the same Member. .

鎴樻湳鏋寘 reserves the right to alter or terminate the membership point offer at any time without prior notice. We reserve the right to amend or cancel these terms and conditions and 鎴樻湳鏋寘 offers at any time.

1.6.3 Expiry and termination

Points earned by a member will be valid for 12 months from the date of the purchase exception from the following period:

Points earned by a member from 11th Jul 2022 to 30th Sep 2023 will expire on 30th Nov 2023.聽
The points earned from 1st Oct 2023 to 30th Sep 2024 will expire on 30th Nov 2024.

Points will be forfeited if a member leaves the membership programme and you will lose the right to convert any unused points or redeem any coupons.

1.6.4 Redeem

To redeem the points, the Member must log in to the member account of 鎴樻湳鏋寘鈥檚 official website, complete the redemption process by following the procedure in the Membership Account dashboard, and redeem Gift Voucher(s) in accordance with the instructions set out in our FAQ.

In case of refund request, the points accrued from the refunded product(s) will be deducted from the Member鈥檚 account. 鎴樻湳鏋寘 reserves the right to take legal action and deduct the points from Member鈥檚 account if 鎴樻湳鏋寘 Stores reasonably suspects that such points were obtained via dishonest means or other unlawful activities or if you supply false or misleading information. In case of any dispute, 鎴樻湳鏋寘鈥檚 decision shall be final.

鎴樻湳鏋寘 may cancel a Member鈥檚 accumulated points, suspend 鎴樻湳鏋寘 One Membership聽 Program benefits, suspend membership status or cancel a the membership聽 account at any time with immediate effect and without any notice, for any reason and in the Company's sole discretion including, without limitation, if the Company believes the Member has:

A. Acted in a manner inconsistent with applicable laws, regulations, and ordinances;

B.Breached or violated any of these terms and conditions of this Program or the Website Terms of Use;

C.Fraudulently claimed eligibility to earn benefits or points through this Program; or

D.Engaged in any misconduct or wrongdoing in connection with the 鎴樻湳鏋寘 One Membership Program including, without limitation, with respect to points, redemption award usage, promotional award usage, or any other 鎴樻湳鏋寘 One Membership Program member benefits.

E.Legal Action. Nothing contained in these Program Rules will limit the Company in the exercise of any legal or equitable rights or remedies.

1.6.5 Disclaimer

鎴樻湳鏋寘 reserves the right to reject, correct, cancel or terminate any points in your 鎴樻湳鏋寘 One Membership Program account if the details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. 鎴樻湳鏋寘 also reserves the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Although 鎴樻湳鏋寘 makes reasonable efforts to ensure that the balances displayed to you in your account are accurate and up to date, we cannot ensure that this will always be the case and hereby disclaims any responsibility for the accuracy of such balances.

1.6.6 Effect of Membership Cancellation

The 鎴樻湳鏋寘 One Membership Program, points, redemption awards, promotional awards and other related benefits and services are the sole property of the Company, and are not the property of Members. On cancellation of membership in the 鎴樻湳鏋寘 One Membership Program for any reason, all unredeemed points, redemption awards and promotional awards will be forfeited and a Member will no longer be able to participate in the 鎴樻湳鏋寘 One Membership Program. Points, redemption awards and promotional awards have no cash value and the Company will not compensate or pay cash for any forfeited or unused points.

If a Member cancels his/her Account, the Member may reapply for membership in the 鎴樻湳鏋寘 One Membership Program at a later date, but no points, and promotional Awards previously forfeited or expired will be reinstated to the Member Account.

1.7 Lost and/or stolen Membership

In the event that the 鎴樻湳鏋寘 Membership account is not able to be accessed or is stolen, the cardholder should inform 鎴樻湳鏋寘 User Services as soon as possible. The 鎴樻湳鏋寘 Account can also be retrieved from My Account page in our website: www.鎴樻湳鏋寘.com.hk.

1.8 User鈥檚 Liability

The 鎴樻湳鏋寘 Card is personal and non-transferrable. Consequently, the User is responsible for his/her 鎴樻湳鏋寘 Card, which he /she undertakes to use according to these terms and conditions. The User is solely liable for any use he/she may make of his/her username and password and is the sole guarantor of their confidentiality, and of any use made of his/her Membership card account. As such, the User undertakes in particular (non-limiting list):

(a) to create only one 鎴樻湳鏋寘 Membership card in his/her name;

(b) to guarantee the accuracy of all information given to 鎴樻湳鏋寘 when joining the User Membership Programme;

(c) to ensure that the data communicated to 鎴樻湳鏋寘 in order to make it possible to contact him/her (mobile number, email), are secure and used solely by the Membership cardholder;

(d) not not to hold Us liable and to indemnify Us and our officers, directors, employees and agents against any direct or indirect losses, liabilities, costs or expenses (including legal fees) arising as a result of any use by an unauthorised third party of the benefits acquired by the User as part of its Membership programme;

(e) to inform 鎴樻湳鏋寘 as soon as possible of any unauthorised use of his/her Membership card and of any breach of the confidentiality and security of his/her means of identification.

1.9 Modifications to or suspension of the 鎴樻湳鏋寘 Membership Programme

1.9.1 The 鎴樻湳鏋寘 Card/ Virtual card is valid for the lifetime of the Membership Programme. However, 鎴樻湳鏋寘 reserves right to withdraw, terminate and or suspend the card at all times.

1.9.2 All members that continue to use the Membership Programme scheme after such a change will be deemed to have accepted the updated terms and conditions.

1.9.3 All members acknowledge and accept that these terms and conditions replace all previous versions.

1.9.4 The is invited to read regularly the last updated version, accessible on our website on www.鎴樻湳鏋寘.com.hk and any 鎴樻湳鏋寘鈥檚 applications for mobile devices and any other devices as 鎴樻湳鏋寘 may deem fit.

2. SERVICES AND PRODUCTS SOLD BY 鎴樻湳鏋寘

For the avoidance of doubt, this Part Two is applicable to services and products sold by 鎴樻湳鏋寘 only and is not applicable to services and products made available and sold by third-party sellers.

2.1 DELIVERY POLICY AND ORDER LEAD TIME

Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances or Public Holidays. Business account orders are subject to individual approval, hence their delivery date may vary case by case.

Your order will be delivered to the delivery address within Hong Kong (subject to the restrictions in the paragraph below) you specify when placing your order, unless you opt (where available) to collect it from your local 鎴樻湳鏋寘 store. A list of available delivery options will be displayed when you check out your order on www.鎴樻湳鏋寘.com.hk. The options shown will vary based on the items in your basket, their size, weight, the destination address and the day & time when the order is confirmed. If you opt for Click & Collect at our stores, please take with you the order number and confirmation SMS or email, along with some form of identification with a picture (such as an ID card or a passport).

Orders cannot be delivered to PO Box, similar addresses or locations that require queuing up for pick up or delivery, such as the airport, restricted areas, warehouses, areas where trucks are prohibited, etc.. Products within the same order cannot be delivered to different addresses.

We offer a variety of couriers for product deliveries. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.

Deliveries will be made to your door provided that there is a lift service to your premises. If no lift service is available at your premises, the courier will charge you an additional fee for each floor except the ground floor. For details of the additional fee, please contact the courier.

2.2 Refund/Exchange Eligibility Criteria

Subject to the terms herein,

鎴樻湳鏋寘 Members: can return and seek refund (鈥淩eturn & Refund鈥? or exchange the product(s) (鈥淓xchange鈥? (individually or collectively, 鈥淩eturn鈥? which was/were purchased from our website (鈥淥nline Purchase鈥? or in 鎴樻湳鏋寘 stores in Hong Kong (鈥淚n-Store Purchase鈥? for a period of time as determined by 鎴樻湳鏋寘 at its sole and absolute discretion from time to time. For products purchased in the period from 1st October 2020 to a date to be determined by 鎴樻湳鏋寘 at its sole and absolute discretion, such a period is indefinite (鈥淟ifetime Return鈥?; for products purchased on or before 30th September 2020, such a period is 365 calendar days (鈥?65-Day Return鈥?. The Return extends only to 鎴樻湳鏋寘 Members who have valid Membership at the time of the purchase and are the first consumer purchasers of the products, and is not transferable. For the avoidance of doubt, the Return set forth hereinabove is not applicable to any products to which special terms and conditions in respect of Refund/Exchange and/or warranty apply.

Non-鎴樻湳鏋寘 members: can only request an Exchange in respect of product(s) which was/were purchased In-Store Purchase within 30 calendar days of the purchase (鈥?0-Day Exchange鈥?. For the avoidance of doubt, the 30-Day Exchange set forth hereinabove is not applicable to any products to which special terms and conditions in respect of Refund/Exchange and/or warranty apply.

Notwithstanding anything to the contrary, if there is any damage to our product delivered to you in case of an Online Purchase, regardless of whether you are a 鎴樻湳鏋寘 Member or Non-鎴樻湳鏋寘 member, you undertake to notify us of the damage in writing within twenty-four (24) hours from the time of delivery of the products failing which we may assume that there is no damage to the aforesaid product.

Subject to the foregoing, each product for Refund/Exchange must be in a saleable condition. Further, the original packaging and labelling must be presented upon the Refund/Exchange. 鎴樻湳鏋寘 will carry out the assessment of the conditions of the product(s) in question (鈥淎ssessment鈥? and will reserve the right at its sole and absolute discretion to determine whether the requested Refund/Exchange can be accepted.

We will not accept any Return (Lifetime / 365-Day Return for 鎴樻湳鏋寘 Members and 30-Day Exchange for non-鎴樻湳鏋寘 members) for the following products:

- Products that were/are obtained by you via Return unless a quality issue arises at the time of obtaining such products;

- Perishable products, personal safety equipment and personalized products including underwear, socks, footwear and swimwear;

- Products that were/are used without paying due regard to the instructions and/or directions provided by the user manual or attached or affixed to the packing or the product itself (as the case may be);

- Products that were/are damaged due to use for longer than service life or improper purpose

- Products which exhibit material differences from their original condition;聽

- Products with unclean appearance;

- Products which have been obtained by unlawful means; and

- Food and beverage that passes the expiry, 鈥渦se by鈥?or 鈥渂est before鈥?date after the day of purchasing.

Without prejudice to the foregoing, neither Lifetime / 365-Day Return for 鎴樻湳鏋寘 Members nor 30-Day Exchange for non-鎴樻湳鏋寘 members apply to (i) consumable products or parts or products containing any parts or ingredients which are designed to diminish over time including battery, wheels, strings on rackets and gases; (ii) cosmetic damage including scratches, dents, cracks, broken plastic on ports or other cosmetic damage; (iii) damage caused by use with a third party component or product which is not certified by us; (iv) damage caused by accident, abuse, earthquake, fire, liquid contact, misuse or other external causes; (v) damage caused by unauthorised service or modification including adjustment, alteration, commissioning, installation, maintenance or modification in any way by any person who is not authorised by us; and (vi) normal wear and tear or otherwise due to the normal ageing of the product(s).聽

2.3 鈥?Return & Refund Procedure

(A) Subject to your entitlement, if you wish to process the Return & Refund in one of our stores, please identify whether the purchase is an In-Store Purchase or Online Purchase.

- For In-Store Purchase(s), bring the product(s) you wish to return to any 鎴樻湳鏋寘 stores in Hong Kong along with your Member ID and/or the proof of purchase (either a receipt or a formal invoice which identifies the product(s) unequivocally). If the purchase is made with a credit card, bring also the same card.

In the event that you fail to produce and present the proof of purchase (either a receipt or a formal invoice which identifies the product(s) unequivocally) at the time of request for Return & Refund, we will not be able to process your request.

- For Online Purchase(s), bring the product(s) you wish to return to any 鎴樻湳鏋寘 stores in Hong Kong along with your Member ID or the email address or the phone number of your Membership account used for the purchase.

Based on the Assessment (subject to the limitations referred to in Refund/Exchange Eligibility Criteria), 鎴樻湳鏋寘 will, at its sole and absolute discretion, determine whether the product(s) may be eligible for a refund. In case of an accepted Return & Refund, we will make the full refund of the purchase price through the same means of payment at the time of purchase of the returned product(s).

(B) Subject to your entitlement, if you wish to process the Return & Refund by courier to us the product(s) purchased from an Online Purchase:

(1) Login to your 鎴樻湳鏋寘 Account and apply for a refund.

(2) Send the product(s) you wish to return in its original packaging to one of our 鎴樻湳鏋寘 stores in Hong Kong.

(3) Based on the Assessment (subject to the limitations referred to in Refund/Exchange Eligibility Criteria), 鎴樻湳鏋寘 will, at its sole and absolute discretion, determine whether the product(s) may be eligible for a refund. In case of an accepted Return & Refund, we will make the full refund of the purchase through the same means of payment at the time of purchase of the returned product(s). Where it becomes impossible or commercially impracticable to make the refund through the same means, such refund, shall, with regard to the then circumstances and at 鎴樻湳鏋寘鈥檚 sole and absolute discretion, be made through other suitable alternative means. The request for Return & Refund will be processed within two (2) to five (5) working days upon our receipt of the returned product(s).

IMPORTANT: In the event that 鎴樻湳鏋寘, after carrying out the Assessment, concludes that your Return & Refund request cannot be accepted, we will send you an email to inform you of the unsuccessful Return & Refund request (鈥淩efusal Email鈥?. We will keep the product(s) to which such request relates for two (2) weeks from the date of the Refusal Email for you to collect it. Where the product(s) is/are not yet collected from us within this two-week period, we reserve a right to levy a charge on the storage of the product(s) and you will be required to bear any costs incurred by us directly or indirectly arising from, in relation to or in connection with the late collection.

2.4 鈥?Exchange Procedure

鎴樻湳鏋寘 Members and non-鎴樻湳鏋寘 members may submit a request for an Exchange within the duration of the Return and 30-Day Exchange respectively. Both 鎴樻湳鏋寘 and non-鎴樻湳鏋寘 members must follow the steps of the Exchange procedure listed below.

(1) Bring the product(s) you wish to Exchange to any 鎴樻湳鏋寘 store in Hong Kong within 365 days, if applicable (for 鎴樻湳鏋寘 Members) or 30 days (for non-鎴樻湳鏋寘 members) coupled with the proof of purchase (either receipt or a formal invoice which identifies the product(s) unequivocally).

In the event that you fail to produce and present the proof of purchase (either a receipt or a formal invoice which identifies the product(s) unequivocally) at the time of request for Exchange, we will not be able to process your request.

(2) Based on the Assessment (subject to the limitations referred to in Refund/Exchange Eligibility Criteria), 鎴樻湳鏋寘 will, at its sole and absolute discretion, determine whether the product(s) may be eligible for an Exchange.

(3) If we agree with the Exchange, we will exchange the product with a replacement product that is new or which has been reconditioned/refurbished or otherwise remanufactured from new or used parts and is functionally equivalent to the original product.

To the fullest extent permissible by the relevant laws and regulations, we shall not accept any Exchange request of product(s) by way of sending the product(s) to us by courier, even if you are a 鎴樻湳鏋寘 Member. In other words, any person who seeks to submit his/her Exchange request must visit one of our stores.

3.聽鎴樻湳鏋寘 HONG KONG BUSINESS MEMBERSHIP PROGRAMME

3.1 鈥?DEFINITIONS

Business-to-business members (鈥淏2B members鈥?or 鈥測ou鈥? are 鎴樻湳鏋寘 customers who purchase the product(s) for purposes which do not correspond to reasonable individual or household needs, the definitions of which are subject to our sole and absolute discretion, including individuals, companies, joint ventures, partnerships, enterprises, trusts, unincorporated organizations, government agencies, statutory bodies and other legal entities.

3.2 鈥?LIMITATION

These Terms and Conditions apply to B2B members orders only. With regard to individual orders for individual and normal consumer use, please refer to the Terms and Conditions of 鎴樻湳鏋寘 Hong Kong Membership Programme.

This part applies to B2B members orders only. With regard to individual orders for individual and normal consumer use, please refer to the other parts of these terms and conditions.

After joining this 鎴樻湳鏋寘 Hong Kong Business Membership Programme, if you form any contract with us whether it is a quotation, purchase order or otherwise, in case of any conflict or discrepancy between the contract and these Terms and Conditions, the former shall prevail.

3.3 鈥?BUSINESS USER PURCHASE POLICY

The minimum purchase requirement for a B2B member may be decided by 鎴樻湳鏋寘 from time to time. 鎴樻湳鏋寘 Hong Kong withholds the rights to change the pricing without any prior notice. Company stamp, business registration and person in charged endorsement is required on the quotation issued by the B2B team before confirmation of order. All items are subjected to stock availability. Bulky items are delivered unassembled and/or uninstalled. For an installation service, please contact our team for a service quotation. All purchases are strictly for internal usage, no reselling or redistribution of 鎴樻湳鏋寘 goods are allowed.

3.4 鈥?DELIVERY POLICY AND ORDER LEAD-TIME

Door to Door Delivery

3.5 鈥?PAYMENT TERMS

We offer a NET 30-days payment term for B2B orders equal or above HK$2,000. The 30-days payment period starts from the shipment date. Accepted payment methods are:

(a) Bank Transfer

(b) Cheque

3.6 鈥?RETURN AND REFUND POLICY

We do not accept returns or refunds for B2B orders. A B2B member can only request an Exchange for defective items within 30 days of their delivery and upon presentation of the formal invoice which identifies the product(s) unequivocally). The product conditions will be assessed by the 鎴樻湳鏋寘 team. Based on such assessment, our 鎴樻湳鏋寘 team reserves the right as its sole and absolute discretion to acknowledge the defect of the item and accept or refuse the exchange. Please note that we do NOT accept requests for exchange of:

- Perishable products, personal safety equipment and personalized products including underwear, socks, footwear and swimwear;

- products that are used without paying due regard to the instructions and/or directions provided by the user manual or attached or affixed to the packaging or the product itself;

- products that are damaged due to use for longer than service life or improper purpose;

- products that show material differences from their original condition;

- products with unclean appearance;

- Products which have been obtained by unlawful means; and

- Food and beverage that passes the expiry, 鈥渦se by鈥?or 鈥渂est before鈥?date after the day of purchasing.

For delivered order quantity and sizing issues, please report to our team upon order received for investigation and support. To the fullest extent as permitted by the relevant laws and regulations, should any dispute, inconsistency or controversy arise, 鎴樻湳鏋寘 Hong Kong retains the right to accept or refuse the request for refund or exchange, and this decision shall be final. To request for exchange, please contact our team.

4. MISCELLANEOUS

4.1.Whilst 鎴樻湳鏋寘 uses reasonable skill and care to provide to the User optimal use of the benefits associated with the 鎴樻湳鏋寘 Card, to the maximum extent permitted by applicable law, We are not liable to any User Membership Programme cardholder (whether such liability is in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for any damages, losses, costs and/or expenses incurred howsoever arising relating to the User Membership Programme or the cardholder's use of the card and/or any benefit conferred on the cardholder by virtue of the User Membership Programme, including (without limitation) for all or any of the following:

a. any delays, delivery errors and/or connection problems

b. any order that has not been accepted

c. any delivery which is late or proves impossible or any delay in informing you of the same聽

d. any losses that could not reasonably be expected to result from Our negligence or breach of these Terms and Conditions聽

e. any loss, damage, costs, expenses or liability that is caused by events outside 鎴樻湳鏋寘鈥檚 reasonable control (鈥淔orce Majeure Event鈥?. 鎴樻湳鏋寘鈥檚 obligations under these Terms and Conditions are suspended for the period that the Force Majeure Event continues, and 鎴樻湳鏋寘 will extend the time to perform these obligations for the duration of that period聽

f. any loss, damage, costs, expenses or liability that You may suffer in connection with Your use of the 鎴樻湳鏋寘 Card or orders from third parties including loss of profits, loss of revenue, loss of opportunity, loss of business or employment, save to the extent that we are found to have failed to perform Our obligations to you to the standard of a diligent and professional provider of the Website

4.2. If We are liable to you in connection with Your use of the 鎴樻湳鏋寘 Card or the services provided in connection with your membership, Our liability will be limited to a sum of HK$2,500 in aggregate.

4.3. Nothing in these Terms and Conditions will limit or exclude Our liability to you for personal injury or death caused directly by Our negligence.

4.4. If in breach of these Terms and Conditions you are in fact a business or a person making a financial gain but not carrying on a business, We are not liable to You (whether such liability is in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:

a. any loss relating to your business or the business of your employer or any other person; or

b. any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions)

to the maximum extent permitted by applicable law.聽

4.5. To the maximum extent permitted by applicable law, You agree not to hold Us liable and to indemnify Us and our officers, directors, employees and agents against any direct or indirect losses, liabilities, costs or expenses (including legal fees) arising as a result of: (a) your use of the 鎴樻湳鏋寘 Card or the services provided in connection with your membership; (b) your breach of these Terms and Conditions;

4.6. As a user of the 鎴樻湳鏋寘 Card, You understand and agree that We will not have any liability to You and others for any unauthorised transactions made using your personal information such as your password or account. The unauthorised use of your personal information could cause you to incur liability to 鎴樻湳鏋寘, its corporate affiliates and/or others. In addition, We cannot be liable for any use of a user鈥檚 personal data by an unauthorised third party.

4.7. You are deemed to be aware of and to have accepted the characteristics and limitations of Internet technologies, particularly the response times, the risks of service interruptions and, generally, the transmission of data. We are unable to guarantee that the access to the membership benefits will be continuous, uninterrupted or error-free. There may be times (whether scheduled or not) at which certain benefits are unavailable or are modified, suspended or withdrawn by Us, at our sole discretion, without notifying You. You agree that We shall not be liable to You or any third party as a result of the unavailability, modification, suspension or withdrawal of any benefits.

4.8. Finally, to the maximum extent permitted by applicable law, We will have no liability with respect to the acts, omissions, errors, negligence, breaches, warranties, representations of any third party or for any personal death, injuries, property damage or other damages or expenses resulting from or in connection with your interactions and communications with you or a third party.

4.9. 鎴樻湳鏋寘 will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these Terms and Conditions that is caused by events outside 鎴樻湳鏋寘鈥檚 reasonable control (鈥淔orce Majeure Event鈥?. 鎴樻湳鏋寘鈥檚 obligations under these Terms and Conditions are suspended for the period that the Force Majeure Event continues, and 鎴樻湳鏋寘 will extend the time to perform these obligations for the duration of that period.

4.10. Notwithstanding anything to the contrary, if you are in the European Union, the European Economic Area or the United Kingdom of Great Britain and Northern Ireland, you shall not use your Membership or our website including without limitation placement of any order.聽

聽4.11. You shall not assign, transfer or otherwise dispose of all or any of your rights and obligations under these Terms and Conditions to any other third party without our prior written consent.

4.12. If any provisions of these Terms and Conditions are construed to be illegal or invalid, they shall not affect the legality, validity and enforceability of the other provisions of these Terms and Conditions. The illegal or invalid provision shall be deleted from these Terms and Conditions and no longer incorporated herein but all other provisions of these Terms and Conditions shall continue.

4.13. These Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.

4.14. No person other than you will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the rights of any provisions of these Terms and Conditions.

4.15. These Terms and Conditions are prepared in English and Chinese in case of any conflict or discrepancy between the two versions, the former shall prevail.

4.16. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. 鎴樻湳鏋寘 and you hereby irrevocably and unconditionally submits to the exclusive jurisdiction of the Hong Kong courts in any legal action or proceedings arising out of or in connection with these Terms and Conditions.

5. ROLE OF 鎴樻湳鏋寘 AND THIRD PARTY SELLERS

Notwithstanding that We make available and sell our services and products on the Website, We allow third-party sellers to make available and sell their services and products thereon. If any service or product is made available and sold by a third-party seller on the Website, the third-party seller shall be specified on the respective page of the service or product or in any reasonable manner as 鎴樻湳鏋寘 shall determine to be appropriate. In connection with services and products sold by third-party sellers, whilst We are responsible for managing and administering the Website and facilitating transactions thereon, We are neither the purchaser nor the seller of such services or products. Any content on the Website describing the services or products to be provided to you by a third-party seller is for the purpose of providing you with access to information, products or services provided by the third-party seller, as well as the terms and conditions under which the third-party seller will provide them to you. We are not liable for the content provided by those third-party sellers or any of their services or products and are unable to provide a guarantee that they shall remain permanently available. The fact that We include such content does not mean that We endorse the third-party seller; our relationship with them is governed by separate terms, which We use reasonable endeavours to enforce in order to ensure that they act in a professional manner in relation to what they provide. Notwithstanding anything to the contrary, all contracts in respect of such services or products are formed between You and the third-party seller who makes available and sells such services or products, whereas 鎴樻湳鏋寘 is not a party to the aforesaid contracts. You are purchasing directly from third-party sellers rather than 鎴樻湳鏋寘, which is not an agent, partner, joint venturer or in any other capacity on your behalf or on behalf of any of the third-party sellers. Apart from that, where a third-party seller who provides products or services needs a licence under Hong Kong law or regulations, please note that We do not hold such a licence. Your purchase from the third-party seller is strictly subject to the third-party鈥檚 seller鈥檚 terms and conditions. You are responsible to check the individual third party鈥檚 terms and conditions before the purchase and transaction.聽

5.1 OTHER SELLERS鈥?DELIVERY

We arrange for delivery of all services or products sold by 鎴樻湳鏋寘. Any provision or delivery of any third-party seller's service or product on the Website is arranged by third-party sellers and/or their contractors or any third parties to whom 鎴樻湳鏋寘 is not related save and except that We may decide to offer and provide fulfilment including delivery services.

Notwithstanding anything to the contrary, the limitations set out herein apply in relation to the provision or delivery of any third-party seller鈥檚 service or product.

5.2 ACCESS, CREDENTIALS AND 鎴樻湳鏋寘 ACCOUNT

You are responsible for ensuring that your equipment is compatible with, and meets all specific requirements enabling You to access the Website. You are further responsible for ensuring to have appropriate IT security in place (including antivirus software and other security controls) to satisfy your specific requirements in terms of content security and reliability.

You may access and display the Website鈥檚 contents on a computer screen and a screen on an applicable device, and print individual pages. Additional terms and conditions may apply to certain services of, parts of, or content on the Website. Where applicable, they will be displayed on the screen or will be accessible via a link.

If You choose or receive connection credentials (such as a username or password) as part of our security procedures, You must keep that information confidential and not disclose it to any other person. You unreservedly accept that your identification constitutes proof of your identity and You agree to safeguard your account information, to supervise and to be completely responsible for any use of your account by anyone other than You, including your interaction and communication with others. You must immediately notify Us of any unauthorised use or any security breach of which You become aware.

We retain the right at our sole discretion not to confirm, to suspend or to delete any Credentials and/or to prohibit use and/or access to the Website and/or to deny anyone access to the Website, at any time and for any reason, including for violation of this Agreement. In particular, any user who attempts to make a false or fraudulent reservation, whether intentionally or unintentionally, may have his or her account terminated.

You are required to be a member of 鎴樻湳鏋寘 to use the Website and place an order thereon. By registering 鎴樻湳鏋寘 membership, You accept the Terms and Conditions of 鎴樻湳鏋寘鈥檚 Membership and Products [https://www.鎴樻湳鏋寘.com.hk/en/terms-and-conditions_lp-LR519Ms].

To the fullest extent permitted by law, should any dispute, inconsistency or controversy arise, we retain the right to accept or refuse the request for refund or exchange, and this decision shall be final.

5.3 OUR SERVICES AND PRODUCTS

Please refer to the Terms and Conditions of 鎴樻湳鏋寘鈥檚 Membership and Products [https://www.鎴樻湳鏋寘.com.hk/en/terms-and-conditions_lp-LR519Ms], which govern, inter alia, the services and products made available and sold to You by 鎴樻湳鏋寘.

5.4. PRICE AND PAYMENT

In additional to the prices of the services or products shown on the Website, we may charge you any delivery charges, service fees and other applicable charges in the Hong Kong Special Administrative Region. The prices are shown on the Website in Hong Kong Dollars.

If we introduce any new or additional charges in the future, which We reserve the right to do, we will notify You by making the change in charges clear on the Website but this would not affect existing orders made prior to the change in charges.

We may, in Our sole discretion, create promotional coupons that may be redeemed for the order of the services and products and the use of Facilities, subject to any additional terms that We establish (鈥淐oupons鈥?. You agree that Coupons: (i) must be used for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Us; (iii) may be disabled by Us at any time for any reason without liability to You; (iv) may only be used pursuant to the specific terms that We establish; (v) are not valid for cash; and (vi) may expire prior to your use. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Coupons by You or any other user in the event that We determine or believe that the use or redemption of the Coupon was in error, fraudulent, illegal, or in violation of the applicable Coupon terms or these Terms of Use.

There are several payment methods. You can pay by credit card, debit card, online payment system or any other method as We may notify to You from time to time.

If You choose to pay by card, the prices of your selected services and/or products will be debited from your account once your order is ready to be taken into account.

Online payment transactions are put through validation systems by your card issuer. We are not liable if your card issuer refuses to authorise payment for any reason whatsoever. We draw your attention to the fact that your card issuer may charge You processing or online processing fees. We are not responsible for such fees.

We engage third-party companies and payment processors from time to time to process payments securely including banks and online payment systems (and such payment processors may be varied by us at our discretion in the future). Your bank details are forwarded to this company securely, with the result that they do not pass through the Website鈥檚 IT system at any time, and are not accessible by the Website or its employees save and except that We are given by the payment processors partial information, including last 4 digits of the card number and the holder name and the expiry month and year of the card (in case of credit or debit credit) and the email address associated with your payment account (in case of online payment system), for reference. Please note that this third-party company processes your payment, not Us. You agree to review and be bound by its policies and procedures before making an order through the Website.

If you decide to store the details of your bank card on the Website so that you do not have to re-enter the information when you make a subsequent payment, We undertake to only hold a key which, in conjunction with other information, allows You to pay for the transaction, while the details of your bank card continue to be stored and processed by the third-party company.

If an anti-fraud check is carried out to ensure the security of customer transactions, We may ask You to provide one or more documents containing proof of your address and/or a copy of a valid identity card(s) by email, before your order is confirmed. Your order will only be final once the Website has received these documents and issued a confirmation email. In the absence of these documents or if the documents do not adequately establish your identity and address, We reserve the right to reject the order. The Website also reserves the right to refuse an order in the event of an ongoing payment dispute.

In order to evidence the contractual relationships you and 鎴樻湳鏋寘 have entered into, your order information is stored on a reliable database. In the absence of proof to the contrary, our electronic databases and those of our service providers that are kept under adequate security conditions will constitute proof of all transactions entered into between you and 鎴樻湳鏋寘. In any event, We recommend that You save the confirmation email.

5.5 USE OF THE WEBSITE

The order via the Website is individual to You. We and third-party sellers may verify your identity.

The Website is provided to you as an individual and not as a business or, even if You are not carrying on a business, for the purpose of making any type of financial gain from making purchases. If We discover that you are using the Website or making purchases as a business or for any type of financial gain we will immediately cancel all orders made by you without any refund and without liability to You.

5.6 INTELLECTUAL PROPERTY

The Website鈥檚 general structure and all contents published by the Website (including text, graphics, software, photographs and other images, videos, sounds, trademarks and logos) constitute our exclusive property or that of our licensors, which may be companies in 鎴樻湳鏋寘 and/or its affiliates, contractors and/or suppliers and/or third-party sellers. They are protected by intellectual property rights, in particular copyright and ancillary rights relating to trademarks, designs and models, domain names, patents, know-how, software and databases.

In respect to the Website鈥檚 contents, We grant You a non-exclusive and revocable licence limiting to accessing, browsing and using the Website, without the right to grant sub-licences. This licence does not grant You any rights over any Intellectual property belonging to Us or to our licensors. You acknowledge that You do not obtain any ownership right by downloading content from the Website, in particular any right to commercially exploit the Website鈥檚 contents.

Any representation and/or reproduction and/or partial or total exploitation of the services and/or products on the Website or the Website itself, in any manner whatsoever, is strictly prohibited without our prior written consent and/or third-party sellers. If You print, or store pages from the Website (uniquely in accordance with the terms of this Agreement), You must ensure that all copyright, trademark or other intellectual property right notices in the original content are reproduced.

In relation to the content that you may publish on the Website, you agree that, by submitting it to the area for receiving content, you grant Us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive and royalty-free right and licence to use, reproduce, represent, upload, execute, transmit, store, modify, adapt, publish, translate, create derivative works, distribute, sub-license (in particular to our affilitates, technical partners and other Users of the Website) and display the content (in whole or in part) that You have sent to Us and/or incorporate it in other works in any form whatsoever, or in other media or technologies. You also agree to it being used by 鎴樻湳鏋寘 and/or its affiliates, contractors and/or suppliers and/or third-party sellers in certain marketing communications, being associated with your name, although the association may not always be made, being transmitted to third parties for the purpose of service reviews, being automatically made public and freely accessible, in particular on the Internet and other websites and/or blogs and/or web pages of 鎴樻湳鏋寘 and/or its affiliates, contractors and/or suppliers and/or third-party sellers, including 鎴樻湳鏋寘 and/or its affiliates and/or third-party sellers鈥?social network pages and/or websites where Users may share content.

5.7 LIABILITY DISCLAIMER

Whilst We use reasonable skill and care to provide the Website, facilitate orders from third-parties and (where We provide fulfilment including delivery services) to deliver orders on the promised delivery date and to inform you promptly if delivery is delayed, to the maximum extent permitted by applicable law, We are not liable to You (whether such liability is in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise) for all or any of the following:

any order that has not been accepted

any delivery which is late or proves impossible or any delay in informing you of the same

any losses that could not reasonably be expected to result from Our negligence or breach of these Terms of Use

any loss, damage, costs, expenses or liability that is caused by events outside 鎴樻湳鏋寘鈥檚 reasonable control (鈥淔orce Majeure Event鈥?. 鎴樻湳鏋寘鈥檚 obligations under these Terms of Use are suspended for the period that the Force Majeure Event continues, and 鎴樻湳鏋寘 will extend the time to perform these obligations for the duration of that period

any loss, damage, costs, expenses or liability that You may suffer in connection with Your use of the Website or orders from third parties including loss of profits, loss of revenue, loss of opportunity, loss of business or employment, save to the extent that we are found to have failed to perform Our obligations to you to the standard of a diligent and professional provider of the Website

If We are liable to you in connection with Your use of the Website or the services, products or Facilities, Our liability will be limited to a sum of HK$2,500 in aggregate.

Nothing in these Terms of Use will limit or exclude Our liability to you for personal injury or death caused directly by Our negligence.

If in breach of these Terms of Use you are in fact a business or a person making a financial gain but not carrying on a business, We are not liable to You (whether such liability is in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:

any loss relating to your business or the business of your employer or any other person; or

any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms of Use) to the maximum extent permitted by applicable law.

You agree not to hold Us liable and to indemnify Us and our officers, directors, employees and agents against any direct or indirect losses, liabilities, costs or expenses (including legal fees) arising as a result of: (a) your use of the Website or any of the services on the Website; (b) your breach of these Terms of Use; (c) Our use of any of the content of your User Submissions; and (d) any claims by third parties concerning content posted in your name, in particular in relation to a breach of ownership rights, defamatory, injurious or libellous material or press offences in relation to elements uploaded to or published on the Website; any activity on the Website contrary to this Agreement, including with fraudulent intent; and/or any breach of this Agreement.

As a user of the Website, You understand and agree that We will not have any liability to You and others for any unauthorised transactions made using your personal information such as your password or account. The unauthorised use of your personal information could cause you to incur liability to 鎴樻湳鏋寘, its corporate affiliates and/or others. In addition, We cannot be liable for any information consulted on the Website which is not published by Us and any use of a user鈥檚 personal data by an unauthorised third party.

You are deemed to be aware of and to have accepted the characteristics and limitations of Internet technologies, particularly the response times when browsing or querying the server on which the Website is hosted, technical performance, the risks of service interruptions and, generally, the transmission of data. We are unable to guarantee that the access to the Website will be continuous, uninterrupted or error-free. There may be times (whether scheduled or not) at which certain features, parts or content of the Website are unavailable or are modified, suspended or withdrawn by Us, at our sole discretion, without notifying You. You agree that We shall not be liable to You or any third party as a result of the unavailability, modification, suspension or withdrawal of the Website, or of any feature, part or content on the Website.

In addition, We are unable to guarantee that the Website鈥檚 contents are free from viruses and/or other codes that may have contaminating or destructive properties. By using the Website, You agree that We cannot be liable for any loss of data; any software malfunction; the consequences of any computer virus, bug, problem or fault; and/or any damage caused to a User鈥檚 computer and/or any other devices.

We are also unable to guarantee the accuracy, proprietary character, completeness, reliability, quality, interest or originality of any content available by and through the services proposed on the Website. We disclaim all liability for any errors or other inaccuracies relating to the information and the description of the products and services proposed by third parties. We expressly reserve the right to correct any availability and pricing errors on the services, products and/or on pending orders made under incorrect prices.

We are further unable to guarantee that any content of the Website, to the extent permitted by law, provides any implicit guarantee. Any condition of this type is therefore excluded from these Terms of Use and We accept no liability for any loss or damage of any nature whatsoever resulting from your or any other person鈥檚 use of the Website or from reliance on any of its content.

We have no liability and We will make no refund in the event of any delay, cancellation, failure in delivery, out of stock, overbooking, strike, force majeure, or other causes beyond our direct control. We have also no responsibility for any additional expense, omissions, delays, re-routing, or acts of any government or authority.

Finally, to the maximum extent permitted by applicable law, We will have no liability with respect to the acts, omissions, errors, negligence, breaches, warranties, representations of any third party company or for any personal death, injuries, property damage or other damages or expenses resulting from or in connection with your interactions and communications with a third party.

6. USER CONTENT

鎴樻湳鏋寘 Hong Kong may, from time to time, allow you to upload user-generated content and may also allow you to communicate that content, either to selected recipients or in public areas, such as comments pages, chat rooms, message boards, and/or news groups (collectively 鈥淯ser Content Areas鈥?. We do not control the material submitted to User Content Areas (collectively 鈥淯ser Submissions鈥?, nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and under no circumstances should any User Submission be taken as the view of 鎴樻湳鏋寘 Hong Kong and/or its affiliates.

If you participate in any User Content Areas, you shall:-

keep all User Submissions relevant to the purpose of the User Content Areas and the nature of any topic;

not submit any User Submission that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent or offensive or which infringes on the intellectual property rights or other rights of any third party;

not submit any User Submission that contains any viruses and/or other code that has contaminating or destructive elements;

not submit any User Submission containing any form of advertising; and

not impersonate, or misrepresent an affiliation with, any person or entity.

Without prejudice to the other provisions of these Terms of Use, you agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submissions.

You agree that We can also pass on any User Submission to third parties for product reviewing purposes.

Whilst We do not pre-screen User Submissions, We reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.

Complaints about the content of any User Submission shall be sent to Us by email via the page of CONTACT OUR TEAM on our website and shall contain details of the specific User Submission giving rise to the complaint.

7. PROHIBITED USES

You must use the Website and everything available on the Website solely for legal purposes and in accordance with all applicable laws and regulations, in a responsible manner and without damaging our name or reputation or that of our affiliates, third-party sellers or others.

In particular, You agree not to:

6.1 A. infringe upon or violate 鎴樻湳鏋寘鈥檚 intellectual property rights or the intellectual property rights of others, or rights pertaining to privacy or containing personal data or giving rise to image rights;

6.2 鈥渉arvest鈥?or store the Website鈥檚 contents on a server or another storage device connected to a network or create an electronic database by systematically downloading and storing the Website鈥檚 contents;

6.3 delete or modify any content of the Website or attempt to circumvent the security, or interfere with the functioning, of the Website or the servers on which it is hosted;

6.4 create links to the Website from any other Website without our prior written consent, although You may refer to Us on a website that You publish provided that the link is not misleading and You accurately state its destination and the fact that We have not approved the link, your website or the products or services that You provide, and that You do not replicate Our Website鈥檚 home page or any part thereof or any of the services or products on the Website and that the linked website does not contain any illegal, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent or offensive content or content that may infringe the intellectual property rights or other rights of third parties;

store, distribute or publish any content that is illegal, harmful, insulting, racist, immoral, that incites hatred or that may constitute an invasion of privacy or an infringement of the personal rights of third parties;

(b) submit false or misleading information;

(c) transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

Any right granted under these Terms of Use shall terminate in the event that any of these Terms of Use is breached.

8. SEVERABILITY

In the event any provision of these Terms of Use is held to be invalid, illegal or unenforceable for any reason and in any respect, such invalidity, illegality or unenforceability shall in no event affect, prejudice or disturb the validity of the remainder of these Terms of Use, which shall be and remain in full force and effect.

9. ASSIGNMENT

You shall not assign, transfer or otherwise dispose of all or any of your rights and obligations under these Terms of Use to any other third party without our prior written consent.

10. MISCELLANEOUS

No person other than You will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the rights of any provisions of these Terms of Use.

These Terms of Use are prepared in English and Chinese. In case of any conflict or discrepancy between the two versions, the former shall prevail.

鎴樻湳鏋寘 and the third-party sellers do not provide any of its services or products to persons who are in the European Union, the European Economic Area or the United Kingdom of Great Britain and Northern Ireland (collectively or individually, the 鈥淩egion鈥?. If you are accessing the Website whilst you are in the Region, you are not permitted to purchase any services or products.

11. LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. 鎴樻湳鏋寘 and You hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the Hong Kong courts in any legal action or proceedings arising out of or in connection with these Terms of Use.

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