Terms of Sale
Please read this terms of sale (the “Terms of Sale”) carefully before ordering products online from DETERMINANT (HONG KONG) LIMITED (referred as “DETERMINANT (HK)”, “we”, “us”, or “our”) under this Shopify online platform (the “Platform”, and such product, the “Product(s)”).
This Terms of Sale shall govern DETERMINANT (HK)’s sales and your purchase under this Platform. These Terms of Sale create a legally binding agreement between you and DETERMINANT (HK) regarding orders placed for products available on the Platform.
DETERMINANT (HK) may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order.
If you have any doubts or enquiries, please contact us at firstname.lastname@example.org.
PLACING ORDERS ON THE PLATFORM
ELIGIBILITY TO ORDER
To place an order on the Platform, you must be of legal age in your country and a consumer.
The Platform is intended solely for DETERMINANT (HK) to sell DETERMINANT (HK) products directly to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of DETERMINANT (HK) product by someone who resells, or intends to resell, the DETERMINANT (HK) product to others (consumers, businesses or any third party). If DETERMINANT (HK) believes you are involved in purchase for resale, DETERMINANT (HK) reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, suspend or close your account, and/or take appropriate legal actions.
If you are interested in any further co-operation on our Products, please feel free to contact us at email@example.com.
HOW TO ORDER
You need to provide certain personal information, including but not limited to your name and your contact information, in particular, your e-mail address, to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Site, which includes designing customized items, adding items to your shopping cart and submitting your order. An Order Confirmation will be sent to the e-mail you provided to denote our receipt of your order.
We reserve the right to impose any limit to the quantity of the items that you ordered. Shall there be any change of the order quantities, we shall notify you in writing.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL AN ORDER
All orders placed under this Platform shall be fulfilled subject to its availability. We explicitly reserve the right of not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations, without being liable for any damages or costs other than repayment of any amount received from you in relation to the order we cancelled:
- the Product is not available / in stock;
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- your payment is not received within 12 calendar days after acceptance of your order;
- we believe you are under the legal age in your country;
- we believe that you are a reseller;
- there was an error in the price displayed on the Platform;
- we could not deliver to the address provided by you;
- due to an Uncontrollable Event (see below);
- in the event of misspelling, pricing or other errors or mistakes in the information in the Platform;
- any other reason which we considered reasonable and not in violation of any laws and regulations.
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.
Title to the Products shall remain vested in us until we receive full payment of the total price. The risk of loss for products purchased from DETERMINANT (HK) pass to you upon our delivery to the carrier.
You shall pay your order using the payment methods as specified under this Platform. Please do not try to pay by any other way than specified under this Platform. You must not send in any cashes or cheques to us. We shall not be liable for loss of the payment or any other damages that may result from thereof.
Your payment shall initiate once you confirm and submit the order to us under this Platform. Please be noted that time is needed to complete the payment process and your payment may not be reflected in your payment account immediately. You must ensure sufficient fund is retained in your payment account to settle the payment. You will be responsible for all the costs and expenses incurred due to your fault or negligence in the payment process.
PRICES AND CURRENCY
The prices of the Products displayed on the Platform include the price of the goods only. It does NOT include:
- taxes, e.g. Goods and Services Tax (GST) or Value-Added Tax (VAT);
- any import tariffs or other governmental charges;
- shipping charges (Please see clause 4.3.2);
- charges imposed by the payment processing agents, for example, the bank, credit card companies, Paypal etc.
You will be responsible for the shipment charges incurred in the delivery of the Products, EXCEPT that the Products are delivered to the following locations:
- Hong Kong
Please note that the shipping charge is non-refundable. We reserve the right to change our arrangement of shipping charges from time to time. You must check our shipping charge arrangement before you confirm and submit your order.
Prices are quoted in the currency as displayed in the Platform. Subject to availability, you may choose the currency as provided to display the prices when you visit the Platform. Shall the currency that you prefer is not available, you may need to convert the prices displayed to your local currency on your own. Please be noted that the final prices charged to you may differ from your conversion due to the currency and the conversion rate that you use. DETERMINANT (HK) shall not be responsible and liable to you of any discrepancies for such currency conversion rate in your final payment.
YOUR TOTAL PRICE
The total price will be specified in the final check out screen. This price will be recorded in the Order Confirmation. You should print or download it for future reference.
The total amount for your entire order will be reflected on your statement in your local currency or in the currency as shown by your selected payment processing agent, for example, the bank, Paypal or the credit card companies. The payment processing agent will apply their own exchange rate applicable under the payment. Such exchange rate is beyond our control. DETERMINANT (HK) shall not be responsible and liable to you of any discrepancies for such currency conversion rate in your final payment.
The prices of the Products on the Platform may change from time to time, but such changes will not affect any order which we have confirmed in an Order Confirmation.
DETERMINANT have not been selling gift cards under any platforms. However, we have been distributing gift cards of cash values to specific customer groups or individuals under designated purposes. The gift cards are sponsored or distributed for their personal shopping usage only that reselling any of those gift cards for profit purposes are strictly prohibited. DETERMINANT will consider discontinuing the gift cards immediately when found cases violating the use and reserve rights for any final decisions.
SHIPPING & DELIVERY
Please see the “Shipping and Delivery” for information.
RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified, we shall process refunds to you in accordance to our Return Policy. Please refer to our Return Policy for the information and procedure for details.
Refunds will be issued based on the original form of payment if possible. Please be noted that you may need to provide such information to our customer service ambassadors when you initiate the return so that we can refund the money directly to your account.
An Uncontrollable Event means any act or event beyond our reasonable control, including but not limited to any act of Gods, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Uncontrollable Event takes place that affects the performance of our obligations under these Terms of Sale:
a) we shall notify you as soon as reasonably practicable;
b) our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Uncontrollable Event.
Where the Uncontrollable Event affects the delivery, we shall arrange a new delivery date with you after such Uncontrollable Event is over. You may cancel the contract if an Uncontrollable Event takes place and you no longer wish us to provide the products.
LIMITATION OF LIABILITY
We shall only be liable for direct damages and only if you can prove that we, our employees or third parties instructed by us have acted with gross negligence or with unlawful intent. DETERMINANT (HK)’s liability shall be limited to the (purchase) prices of the Products in question. In no event shall we be responsible or liable towards any special, indirect, consequential, punitive, incidental damages or damages of such nature.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale. You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
Any waiver we may offer shall be communicated to you in writing. A failure or delay by us to exercise any right or to act upon a breach shall not constitute a waiver of that right or breach, nor shall it preclude or restrict any further exercise of that right or further action upon a breach.
This Terms of Sales shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China (“Hong Kong”). You irrevocably submit to the exclusive jurisdiction of the relevant courts of Hong Kong.