GENERAL TERMS AND CONDITIONS

1. Introduction

1.1 These General Terms and Conditions apply to the use of our Website ( StreetWave ) or the purchase of Products offered through our Website.

1.2 Defined terms and interpretation for these Terms and Conditions are set out in section 26.

2. Acceptance

2.1 You represent and warrant that:

(a) you are an individual and you are 18 years of age or older;

(b) you have the authority to enter into a legally binding contract with us; and

(c) you are not barred under any applicable law or contract from entering into a legally binding contract with us.

2.2 We reserve the right to request written confirmation regarding your authority to agree to these Terms and Conditions.

2.3 You represent and warrant that you have not:

(a) have been convicted of a computer or internet related offence; and

(b) Has refused Products or access to the Website in the past.

2.4 We reserve the right to deny you access to our Website if we deem such refusal necessary or appropriate.

2.5 Place an order:

(a) your representation and warranty that you have read these Terms and Conditions carefully and in their entirety;

(b) your offer to make your purchase of the Order solely in accordance with these Terms;

(c) your acceptance that an Order Confirmation will be made solely on the basis of these Terms and Conditions; and

(d) your commitment to us to comply with these Terms and Conditions.

2.6 If you do not agree to these Terms, you must not use the Website or purchase any Products.

2.7 You must expressly agree to these Terms and Conditions in order to:

(a) submit information to or through our Website; or

(b) to purchase a product.

2.8 By visiting our Website, purchasing Products or agreeing to these Terms:

(a) you also agree and consent to our Privacy Policy and

(b) you agree and consent to abide by our Acceptable Use Policy (see section 12 below for further details).

2.9 We recommend that you print a copy of these Terms and Conditions for future reference.

2.10 If you do not agree with these Terms and Conditions, you will not be able to place an Order or communicate with us.

3. Personal use

You acknowledge that you will use the Website to purchase Products solely for your own personal and non-commercial use, as a principal and not as an agent or on behalf of any other person.

4. Price

4.1 The prices for Products stated on our Website include delivery costs, but exclude all other costs such as: taxes, customs, levies or similar government imposed charges.

4.3 We make every effort to ensure that all details, descriptions and prices of Products which appear on our Website are accurate. However, there may be occasions where errors have been made. If we discover that a pricing error has occurred, we will inform you as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you or do not receive a response from you, the Order will be deemed cancelled and you will be refunded in full. If you choose to reconfirm your Order, we will arrange for delivery of your Order and will charge or refund any amounts as set out in our notification to you shortly after receipt of your reconfirmation of your Order to the form and method of payment used to place the Order.

4.4 We are not obliged to fulfil an Order if the price stated on the Website is incorrect (even after you have received an Order Confirmation).

4.5 Prices may change from time to time. However, such changes will not affect Orders for which an Order Confirmation has been sent.

4.6 Any special additional customs clearance costs and/or import duties are not included in the price and are the responsibility of the customer.

5. Placing an order

5.1 After you have placed an Order, all Orders are subject to stock availability. If we have sufficient stock to fulfil your Order, you will receive an Order Confirmation which will act as our acknowledgement of receipt of your Order. In the event of any delivery problems or unavailability of stock to fulfil your Order, we will notify you by email and refund any payments made for the Order.

5.2 A Contract will only be formed when we have issued an Order Confirmation to you and only in respect of the Product(s) identified in the Order Confirmation. These Terms and Conditions shall form part of the Contract and shall apply to the exclusion of all other terms and conditions.

5.3 If your Order consists of more than one Product, the Products may be delivered to you in separate deliveries at different times.

5.4 We reserve the right to remove any Product from the Website at any time. We also reserve the right to edit or remove any material or content from the Website. We will not be liable to you or any third party for removing any Product from our Website or editing or removing any material or content from our Website.

5.5 We reserve the right to refuse or reject any Order placed by you at any time (even after we have sent you an Order Confirmation). We will not be liable to you or any third party for cancelling or rejecting an Order.

5.6 If we cancel your Order after we have received payment (and even after we have sent an Order Confirmation), the payment for the Order will be refunded to you in full.

6. Payment

6.1 You may pay for Products using a Payment Intermediary listed on our Website.

6.2 You can also pay for your Order in whole or in part with a discount voucher provided by us. Promotional vouchers can only be entered online at checkout.

6.3 We may use payment intermediaries to process payments between you and us. You agree that we may provide documents and information about you to the Payment Intermediaries, including documents and information containing your personal data.

6.4 We are not a regulated payment processor or money transfer agent and are not responsible for payment problems or disruptions caused by payment intermediaries.

6.5 You are responsible for providing complete and accurate information in the payment process and any payments must be made using your own funds. By placing an order you confirm that:

(a) the payment method used to make the payment belongs to you;

(b) if applicable, you are the rightful holder of the promotional voucher; and

(c) you have sufficient funds or credit facilities to pay for the relevant Order.

6.6 We are not liable or responsible for any unauthorised use of your credit, debit or prepaid cards by a third party, even if such cards have been reported as stolen. We may inform any appropriate authorities (including credit reference agencies) of any fraudulent charges or other unlawful activity.

6.7 You shall not:

(a) makes or attempts to make chargebacks in respect of any payment you have made for Products; or

(b) reverse any payment you have made in respect of Products.

6.8 You shall fully indemnify us, and keep us fully indemnified, in respect of any chargeback or reversal of any payments made by you, and any loss, cost, liability or expense incurred by us arising out of or in connection with any such chargeback or reversal.

7. Delivery

7.1 We aim to deliver your Order to the Delivery Address you provided when placing your Order.

7.2 When you checkout your order, we will provide an estimated delivery date.

7.3 We may notify you if we expect that we will not be able to meet the estimated delivery date but we will not be liable to you for any loss, liability, costs, damages, charges or expenses arising out of late delivery to the fullest extent permitted by law.

7.4 We may not be able to deliver Products to some locations. In this case, we will notify you and arrange for the cancellation and refund of the Order or delivery of the Order to an alternative delivery address confirmed by you.

7.5 Risk in the Product shall pass to you upon delivery to the Delivery Address, unless delivery is delayed by your failure to comply with your obligations under these Terms and Conditions. Risk shall pass on the date on which delivery would have taken place but for your default.

7.6 If you are not available to take delivery of your Order, the carrier may leave a card with instructions for re-delivery or collection of your Order by the carrier.

7.7 If delivery or collection is delayed by your unreasonable refusal to accept delivery or if you do not accept the Order or collect it from the carrier, we may charge you for our costs and other expenses reasonably incurred in returning the Order to the sender, without prejudice to any other rights or remedies available to us.

7.8 The standard delivery time is 7-20 working days*, in exceptional cases up to 16 weeks, unless otherwise stated in the article description. The owner does not ship directly. The order is shipped by the manufacturer as soon as the entire order is in stock there.

* *Please note! In exceptional cases, your package may be delayed due to high demand during end-of-year periods, limited occupancy during holiday periods or pandemic outbreaks.

 

 

8. Cancellation or Change of Orders

8.2 Since we work with a fully automated system, orders are processed immediately after placement. Therefore, we unfortunately cannot interrupt the shipping process until delivery, so that a refund before receipt of the goods is not or only exceptionally possible.

8.2 Once an Order has been packaged, it cannot be cancelled or changed and must instead be returned to us in accordance with paragraph 10 below. As our goods are shipped from Asia, there may be longer transit times over which we have no control. If the products are already in transit to you, cancellation is not possible. Please wait until you have received the goods and return them to us. You may of course notify us of your cancellation in advance. To ensure the fastest possible return, we ask that you send us a dispatch confirmation. An early refund is possible at the earliest 16 weeks after receipt of the order if the goods are not received

9. Defective products

9.1 You acknowledge that the Products are of standard quality and are not tailored to meet any specific requirements you may have.

9.2 All product descriptions, information and materials contained on the Website are provided "as is" and without warranties, express or implied, or otherwise.

9.3 Product images may vary slightly from the actual product you receive.

9.4 If the Product you receive is defective, you can send us an email informing us of the Product to be returned and a photograph of the defective Product.

9.5 You may return the Product to us in accordance with section 10.

9.6 We will examine the Product upon receipt. Our processing time varies depending on your order.

9.7 We will send you an email notification if we believe the Product is defective.

9.8 Our sole liability to you in respect of defective Products shall be (at our sole option):

(a) replace the Product and pay the costs of delivering the Products to the Delivery Address, in which case you must return the defective Product to us and we will then deliver a replacement Product to the Delivery Address; or

(b) pay you an amount equal to the price of the Product and return the defective Product to us. We will pay this amount to you by crediting the account from which we received the payment, and using the same payment method.

9.9 If we determine that the Product is not defective, we may, at our sole discretion, refuse to provide you with a refund for the Product and may require you to pay all reasonable maintenance costs and charge this to the payment method used to place the Order. We will not be liable to you for any loss, liability, costs, damages, charges or expenses arising under this paragraph to the fullest extent permitted by law.

10. Returns and Refunds

10.1 Our Returns Policy forms part of these Terms and Conditions under which you may access and use our Website.

10.2 If you are not completely satisfied with your Order, you can let us know by e-mail which Product you want to return and return the Product to us. The withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, has taken or has taken possession of the last goods.

10.3 Return shipping and costs are at the expense of the Customer.

10.4 The Product must be received by us for a Customer to be eligible for a refund. We will inspect the returned Product upon arrival.

10.5 You must ensure that the Product is returned to us in the same condition as you received it and that it is properly packaged. The Product must be unused, the labels/tags must not have been tampered with and the Product must be in its original packaging. If a Product is returned to us in an unsuitable condition, we reserve the right to refuse the return of the Product.

10.6 The processing time of your return depends on your order.

10.7 If we are satisfied with the condition of the returned Product, we will send you an email to approve your return. After we have notified you that your return has been approved, the amount will be refunded to the account used to place the Order shortly.

10.8 The revocation is complete when the physical goods have been received by us.

 

11. Vouchers

11.1 You can use our promotional vouchers or discounts when paying for Products on the Website.

11.2 To redeem a voucher or apply a discount, the voucher or discount code must be entered on the checkout page of our Order.

11.3 When entering and applying the voucher code or discount code, the voucher or discount will be deducted from the total amount of your Order at checkout.

12.4 You may only redeem or use one promotional voucher or discount per Order.

11.5 The credit of a promotional voucher is not interest-bearing and has no monetary value.

11.6 If the credit of a promotional voucher is insufficient for your Order, you can pay the difference using a separate payment method available on the Website.

11.7 If you use a coupon for an Order that has been returned, you will not be refunded the value of the coupon. However, if you have paid a portion using another payment method, this portion may be refunded.

12. Acceptable use

12.1 You may not ("Prohibited Acts"):

(a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;

(b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our Website to copy, store, host, transmit, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) not to conduct any systematic or automated data collection activities (including scraping, data mining, data extraction or data harvesting) on ​​or in relation to our Website without our express written consent;

(e) access or otherwise interact with our Website using any robot, spider or other automated means;

(f) violate any of the guidelines set forth in the robots.txt file associated with our Website;

(g) use data collected from our Website for any direct marketing activity (including email marketing, SMS marketing, telemarketing or direct mailing);

(h) use information collected through our Website to contact individuals, companies or other persons or entities;

(i) use or directly the Website to interact with any devices unless you are expressly authorized to do so;

(j) use any Website Infrastructure, directly or indirectly, to initiate, propagate, participate in, direct or attempt an attack, hack, or send bandwidth-consuming, malicious or potentially harmful network messages to any device, whether or not owned by us;

(k) directly or indirectly, copy, publish, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive or access the structure or source code of the Website (whether creating derivative works of the source code or otherwise);

(l) use or access the Website for the purpose of compiling a similar or competitive product or service or for the purpose of disclosing any benchmarking or comparative study regarding Products to any third party;

(m) sell, assign, sublicense, transfer, distribute or lease your access to the Website

(o) make the Website available to third parties via a private computer network

(p) edit or otherwise modify in any way the content or paper or digital copies of any material printed off or copied from our Website

(q) use the Website in any manner prohibited by any law or regulation applicable to the use of the Website

(r) ask unlawful questions or place unlawful Orders; or

(s) to place speculative, false or fraudulent Orders.

12.2 You acknowledge that you will be liable to us for any damage, loss, liability, costs or expenses that we suffer or incur arising out of or in connection with any Prohibited Act done or permitted by you.

12.3 You undertake to notify us as soon as reasonably practicable after you become aware of any person carrying out a Prohibited Act. You will provide us with reasonable assistance in relation to any investigations we may make in response to information you provide in this regard.

12.4 You must ensure that all information you provide to us through our Website, or in relation to our Website or the Products:

(a) is true, accurate, current and complete, and not misleading;

(b) complies with all applicable laws and regulations

(c) does not infringe the privacy, data protection, confidentiality or intellectual property rights or other rights of any person; and

(d) is not offensive, abusive, pornographic, defamatory, unreliable, misleading, illegal or otherwise objectionable.

12.5 You will promptly provide any documents or other information we request from you to verify your identity. You will promptly update any information you provide to us so that all your records with us are complete and accurate at all times.

12.6 You must comply with, and it is your responsibility to ensure that you comply with, all applicable laws regarding your use of the Website, whether based on your country of residence, the place from which you access the Website, or otherwise.

12.7 Please email us if you become aware of any material or activity on our Website that breaches these Terms.

13. Website link

13.1 Links from our Website to other websites and resources provided by third parties are provided for your information only. Links to other websites and resources from our Website should not be interpreted as, and do not constitute, a recommendation or endorsement by us of those linked websites or resources, or any information you may obtain from them.

13.2 You acknowledge and agree that we have no rights or control over the contents of other websites and resources which are linked to or referred to on our Website.

13.3 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

13.4 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

13.5 You must not establish a link to our Website in any website that is not owned by you.

13.6 Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

13.7 We reserve the right to withdraw linking permission without prior notice.

13.8 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (see paragraph 12 above).

13.9 Please contact us to request prior permission for any link to our Website which does not comply with this paragraph 13.

14. Intellectual property rights

14.1 The code, structure and organization of the Website are protected by intellectual property rights.

14.2 We are the owner or the licensee of all Intellectual Property Rights in our Website, and in the content and material published on it. Those works are protected by applicable laws and treaties around the world. All such rights are reserved.

14.3 You may use the Website and any content on the Website solely for your personal and non-commercial use and in accordance with these Terms and Conditions. The content of the Website includes content relating to the Products.

14.4 You agree to notify us of any suspected infringement of any Intellectual Property Rights belonging to us.

14.5 You are not permitted to use our trade marks without our prior written consent unless they form part of material which you use (and reproduce exactly) as permitted under paragraph 13 above.

15. Privacy

15.1 Our Privacy Policy forms part of these Terms under which you may access and use our Website.

15.2 We use cookies on our Website. We also use cookies to track how our Customers prefer to view our Website. By accepting these Terms and Conditions, you also consent to our use of cookies for this purpose. More information about cookies can be found in our Privacy Policy.

15.3 If you provide us with your personal data, we will process that personal data in accordance with your instructions from time to time and we will take appropriate security measures to protect that personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage.

15.4 Unless specific safeguards are appropriate or otherwise agreed in writing, information and documents arising as part of the sale of the Products may be shared between us and, in particular, such information and documents may be accessible in electronic form to any of our employees, officers, consultants or agents.

16. Viruses

16.1 We do not guarantee that our Website will be secure or free from bugs or viruses.

16.2 You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.

16.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

16.4 You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.

16.5 You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

16.6 If we believe that you have breached the provisions of this paragraph 16, your right to use our Website will cease immediately. We may report any breach to the relevant law enforcement authorities, and will do so if we are required to do so by applicable law.

17. Liability

17.1 Subject to paragraph 17.13, we disclaim all liability to the fullest extent permitted by law, and accept no responsibility, for any losses to you or any other person arising out of:

(a) third party content or user content;

(b) our content, and in particular the accuracy, completeness or current status of our content

(c) the Products, and in particular the quality, images, description or specifications, conformity with description and reasonable fitness for purpose of the Products;

(d) reliance on any information contained or functionality provided on or through these Terms or our Website

(e) the inability to access the Website or any part thereof, or access being interrupted or partially interrupted, or functions erratically, at any time; and

(f) any failure by us to perform any obligation, or delay in performing any obligation, whether or not we give prior notice, if and to the extent that the failure or delay is caused by any circumstance beyond our reasonable control and includes telecommunications failure, power failure, terrorism, fuel strikes, severe weather, computer failure, failure of suppliers to meet delivery requirements, industrial disputes and absence of personnel due to illness or injury, and the time for performance of any obligation the performance of which is so affected shall be extended accordingly.

17.2 We will not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with these Terms and Conditions for any loss of profits, loss of business opportunity, loss of goodwill, loss of anticipated savings or benefits, or for any indirect, special or consequential loss or damage of any kind, even if that loss or damage was reasonably foreseeable or the party concerned was aware of the possibility of such loss or damage arising.

17.3 Our liability arising directly or indirectly out of these Terms and Conditions (including your purchase of Products from us under these Terms and Conditions), or which is not otherwise expressly excluded under these Terms and Conditions, is limited to and capped at the higher of US$1000 or a multiple of five times the price you paid for the Products giving rise to the liability. The amount of this limitation of liability shall be reduced by the amount of any unpaid sums owing to us.

17.4 Any action by either party for breach of contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Terms and Conditions must be brought within one year of the act or omission which allegedly caused the loss or expense.

17.5 Except to the extent that claims cannot be excluded or limited by law, no claim arising out of or in connection with these Terms and Conditions may be brought by you personally against any of our employees, officers, consultants or other representatives involved in the performance of the relevant obligations.

17.6 All representations or warranties, whether contractual or non-contractual, and all warranties, conditions, terms, undertakings and undertakings implied by statute, common law, custom, trade usage, course of dealing or otherwise (including implied warranties of satisfactory quality, conformity with description and reasonable fitness for purpose) are excluded to the fullest extent permitted by law.

17.7 Only one claim may be brought against us (including our employees, officers or consultants) arising out of one act or omission. One act or omission includes one series of related acts or omissions, the same act or omission in a series of related matters or similar acts or omissions in a series of related matters, and includes all claims arising out of one matter.

17.8 The limitations in this section 17 apply to our entire liability to you (including all other third parties to whom we become liable, whether or not with our consent) in respect of any claim, and you and all such other persons may only bring a claim against us once in respect of the same loss.

17.9 Where any limitation of liability applies, regardless of the amount, the limitation applies to the entire performance of services or supply of Products by us, and no separate aggregate limitations of liability will apply to you, any group company to which you belong, and any persons nominated by a business user.

17.10 If we are jointly and severally liable with another party, we shall only be liable to pay you the portion that is reasonably attributable to our fault. We shall not be liable to pay you the portion that is attributable to the fault of another party for which that other party would otherwise be liable.

17.11 Any liability we may have to you shall be reduced by the amount for which another party would have been liable if

(a) you had also initiated proceedings or brought a claim against that other party; or

(b) we had instituted proceedings or made a claim against that other party under the Civil Liability (Contribution) Ordinance or any similar law under any other relevant jurisdiction.

17.12 In determining whether other parties may be liable to you, no account shall be taken of your inability to bring legal remedies against another party because remedies against that party have become time-barred, or the party's lack of remedies or the party's reliance on exclusions or limitations of liability or the fact that the other party has ceased to exist.

17.13 The exclusions and limitations of liability in these Terms and Conditions do not affect our liability

(a) for death or personal injury resulting from our negligence;

(b) for fraud or reckless disregard of professional duties;

(c) for any other liability which cannot be excluded or limited in the jurisdiction to which a relevant claim is subject, including any limitations on our right to limit our liability and

(d) in any other case, to limit our liability to less than the minimum amount which may be required in the circumstances under any other law or regulation relevant to the claim, in which case that minimum amount shall be deemed to be in substitution for the amount which would otherwise apply.

17.14 These provisions are exhaustive of the remedies of monetary damages of either party or any third party against either party arising out of or in connection with these Terms and Conditions.

18. Compensation

18.1 You shall on demand fully indemnify and keep fully indemnified the Indemnified Parties from and against all claims, costs and losses of whatever nature which the Indemnified Parties may suffer or incur arising out of or in connection with:

(a) any material breach of the provisions of these Terms and Conditions by you;

(b) any fraud, negligence, misconduct or reckless imprudence in or relating to your obligations under these Terms; and

(c) your use of our Website.

18.2 We shall be entitled to recover from you all out-of-pocket costs reasonably incurred by us in connection with any indemnified claim, and all such costs shall be payable on demand.

19. Event of force majeure

19.1 If a force majeure event lasts longer than one week, we may terminate the Terms and Conditions immediately by written notice and without any liability other than a refund of the Product already paid for by you and not yet delivered.

19.2 We reserve absolute discretion as to the solution we choose to fully perform our obligations under these Terms and Conditions in the event of a Force Majeure Event.

20. Variations

20.1 We may change these Terms and Conditions from time to time. We will notify you in advance of any significant changes that we believe may adversely affect you. We will notify you of any changes to these Terms and Conditions. The Terms and Conditions in force from time to time will apply to your use of our Website and all Products offered through our Website.

20.2 If you do not agree to any revised Terms and Conditions, you must stop using our Website or purchasing our Products.

20.3 If you have given your express consent and approval to these Terms, we will ask for your express consent and approval to any revisions to these Terms prior to your first purchase of Products after the revision becomes effective. If you have not given your express consent to the revised Terms within a period specified by us, you must stop using the Website or purchasing our Products.

21. Your infringement

21.1 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our Website

(c) stop processing an Order

(d) refuse to accept any payment from you

(e) permanently deny you access to our Website

(f) deny computers with your IP address access to our Website

(g) contact one or more of your internet service providers and request that they block your access to our Website; or

(h) take legal action against you, whether for breach of contract or otherwise.

21.2 If we suspend, prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent that suspension, prohibition or blocking.

22. Termination and suspension

22.1 You may stop using the Website at any time.

22.2 We may suspend the provision of the Website at any time, with or without reason, and with or without notice.

22.3 Without prejudice to paragraph 22.2, we may suspend or terminate your access to this Website if your use of the Website causes, or is likely to cause, legal liability of any nature or otherwise disrupts the use of the Website by others.

22.4 If we suspend or terminate your access to the Website, we will attempt to give you prior notice. However, we may, at our sole discretion, suspend or terminate your access to the Website immediately without notice.

22.5 We do not guarantee that our Website will always be available or that it will be uninterrupted. We may discontinue, suspend or withdraw or restrict the availability of all or any part of our Website for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You will not be entitled to any compensation or other payment for any discontinuance, suspension, withdrawal or modification of the Website.

23. Consequences of termination

23.1 Upon termination of these Terms and Conditions, any obligation to provide customer support will immediately cease.

23.2 Under no circumstances shall you have any claim against us for compensation for loss of rights, loss of goodwill or any other damages whatsoever upon termination of these Terms and Conditions for any reason whatsoever.

23.3 Termination of these Terms and Conditions shall not prejudice any other right that has already accrued and shall not affect any provisions of these Terms and Conditions which, according to their terms, are expressly intended to come into or remain in force thereafter. Sections 17 (Liability) and 18 (Indemnification) shall survive termination of these Terms and Conditions.

24. General terms and conditions

24.1 You may not transfer any of your rights under these Terms and Conditions.

24.2 The rights, powers and remedies provided in these Terms are (unless expressly provided otherwise) cumulative and not exclusive of any rights, powers and remedies provided by law or otherwise.

24.3 We outsource the hosting of the Website to a third party.

24.4 If the validity or enforceability of any provision of these Terms and Conditions is in any way limited by applicable law, that provision shall be valid and enforceable to the fullest extent permitted by that law. The invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision.

24.5 Our failure or delay in exercising any right, power or remedy provided under these Terms and Conditions or by law shall not constitute a waiver of such right, power or remedy. Our waiver of a breach of any provision of these Terms and Conditions shall not constitute a waiver of any subsequent breach of that provision or a waiver of any breach of any other provision.

24.6 The exercise of the rights of the parties under these General Terms and Conditions is not dependent on the consent of any third party.

24.7 These Terms and Conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

25. Applicable law

25.1 These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong.

25.2 Any dispute, controversy, difference or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions, including their existence, validity, interpretation, performance, breach or termination or any dispute concerning non-contractual obligations arising out of or in connection with these Terms and Conditions, shall be referred to and finally settled by arbitration administered by Hong Kong in force at the time of service of the Notice of Arbitration. This arbitration clause shall be governed by the laws of Hong Kong. The place of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitral proceedings shall be conducted in English.

26. Interpretation

26.1 In these General Terms and Conditions:

“ Contract ” means your order for a Product or Products in accordance with these Terms and Conditions, which we accept in accordance with paragraph 4.3;

“Customer” means any person who places an Order on the Website;

“Delivery Address” means the delivery address as set out in the relevant Order;

“Estimated Delivery Date” means an estimated delivery date of an Order;

“Force Majeure Event” means any event or state of affairs which causes or results in a failure or delay by us in the performance of any obligation under these Terms and Conditions which is caused or results from a cause beyond our reasonable control which was not due to, or substantially attributable to, any failure by us to exercise due care to avoid such failure or delay and includes war or threat of war; an act of God; natural or nuclear disaster; riot or civil commotion; pandemic; act of terrorism; malicious damage; fire or flood; compliance with any new law or order of any governmental or judicial authority; closure of airports or ports; or a trade dispute unrelated to the party affected by the event or state of affairs causing the cessation or delay of work;

“Indemnified Parties” means us, each of our affiliated companies and their respective officers, employees, contractors and agents. “Intellectual Property Rights” means all intellectual property rights, including patents, trademarks, design rights, copyrights, database rights, trade secrets and all rights of a similar nature;

“Order” means the order submitted by you through our Website to purchase a Product or Products from us;

“Order Confirmation” means our email to you confirming your Order in accordance with section 4.3;

“Payment Intermediary” means a third party that provides payment processing services and that is used by us;

“Product” means a product offered on our Website;

“Website” means the website;

“Website Infrastructure” means all of our systems (including code) that facilitate, provide or describe the Website;

26.2 References to “sections” are references to sections of these Terms and Conditions.

26.3 Headings are for convenience only and shall not affect the interpretation or construction of these Terms.

26.4 Words indicating the singular include the plural and vice versa. Words indicating a gender include any gender and references to persons include an individual, company, firm, firm or partnership.

Please email us if you have any questions or comments about these Terms and Conditions, Website or Products.