TERMS AND CONDITIONS OF USE AND SALE

 

TERMS AND CONDITIONS OF USE AND SALE

 


    1. Use of this website

      Thank you for visiting D-mop’s (“D-mop”, “we” or “us”) website (on www.d-mop.com or www.d-mop.com.hk) (the “Site”). Access to and use of the Site and related services (collectively, the “Services”) are made available to you in accordance with the following terms and Conditions of Use and Sale and any other rules and policies posted on the Site, including the Privacy Policy (collectively, the “TERMS AND CONDITIONS OF USE AND SALE” or “Terms”). By using the Services, such as browsing or placing orders on the Site, you are agreeing to all of the terms. We will collect, use, store and disclose any personal data provided by you in accordance with the Privacy Policy. This TOS does not acknowledge any relationship between you and D-mop (partnership, collaboration, employment, or otherwise). It does not entitle you to hold yourself as a representative of D-mop. D-mop reserves the right to make changes to the Site or any part of the terms at any time. Please visit this page from time to time to check for any updates or changes to any part of the terms (including the said rules and policies and the Privacy Policy). If you have any comment about the Site or this terms please contact us.

    1. Privacy

      Our privacy practices respecting the information we collect during your visit to this website are explained in our Privacy Policy, the terms of which are hereby incorporated herein by reference. Your continued use of this website implies that you acknowledge that you have read our Privacy Policy and agree to its terms, and that you consent to the use of your personal information by the Company in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.

    1. No use by minors

      This website is intended for use by adults only. If you use this website to purchase Products, you represent that you are of legal age to enter into any purchase agreement through this website and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to the Company. The Company does not knowingly collect information from children under the age of 13.

    1. Product purchases and user account

      If you register on the site for the purchase of Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.

    1. Product information and availability

      Products which may be purchased from this website are available for sale and distribution. The Company attempts to be as accurate as possible in describing all Products available for sale and/or distribution by the Company. However, the Company does not warrant that Product descriptions or other content of this website are accurate, complete, reliable, current or error-free. There may be slight variations from time to time in style or colour reproduction, or in text descriptions relating to the Products. As the actual colours you will see will depend on your monitor, the Company is unable to promise or guarantee your monitor’s display of any colour will actually reflect the colour of the Product delivered to you. The availability of certain Products may be limited, and Products may not be available for immediate delivery. The Company may revise or cease to make available any Products at any time without prior notice. In the event that the Company is unable to deliver to you a Product ordered due to lack of availability, the Company will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that the Company may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.

    1. Product orders

      The Company is pleased to accept orders provided they are for the personal, non-commercial use by its customers. The Company will not accept orders which are intended for resale or distribution for commercial purposes. The resale of any Products purchased on the website without the express written agreement of the Company is not permitted. Before submitting an order for the purchase of Products using this website, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the “Checkout” button), such order will constitute an offer from you to the Company to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on the Company until accepted by the Company. The Company’s acceptance of your order is evidenced by return e-mail from the Company indicating that your order has been accepted. This Website and its contents are not to be constructed as an offers to sell any product or service.

    1. Product pricing

      All prices and Product orders are quoted and shall be processed in HK dollars. Prices displayed on the Site at the time your order is accepted will be honored except in the case of obvious error. Whilst we use our best endeavors to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. The Company cannot confirm the price of a Product until after you submit an order for the Product. In the event that the price or related information for a Product (as described on the website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, the Company may, at its sole discretion, refuse or cancel your order, whether before or after the Company’s acceptance thereof. If there is such an error in pricing, the Company will cancel your order and reverse any charges that have been applied, and then contact you to ask you to place a new order for the Product at the correct price. If your credit/debit card is not denominated in HK Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction. D-mop cannot be held responsible for any currency changes or currency exchange rates any bank may have when exchanging the HK Dollars (HKD) into any other currency. Aside from HK Dollars (HKD), any currencies displayed on the site are approximate calculation based on the weekly exchange rate.

    1. Consent to use electronic documents

      You hereby consent to the exchange of information and documents between you and the Company over the Internet or by e-mail, and you agree that these Terms, together with any applicable Order Confirmation(s) accepted by the Company in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    1. Cancellation

      The Company reserves the right, in its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card charged. In the event that your order is cancelled by the Company after your payment has been processed, the Company will issue a full refund. Payment can be made securely online by our authorized payment gateway. If the issuer of your credit card refuses to authorize payment through our authorized payment gateway, the Company will not be liable for any delay or non-delivery of your order. In the event that your card authorization and validation is declined, the Company will cancel your order. For first time online customers, the Company may request that shipping be to the credit card billing address only.

    1. Payment terms

      Terms of payment for any Products purchased through this website shall be determined at the Company’s sole discretion. Payment shall be made by our authorized payment gateway. Any payments from our authorized payment gateway made by credit card are subject to the approval of the financial institution that has issued the credit card.

    1. Shipping and taxes

      The Company will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Our standard Delivery is 7-14 business days, and longer in the case of remote locations. If you have ordered several Products we may deliver these Products in separate shipments as each item becomes available at no extra cost to you. To ensure prompt delivery we must have proper and complete address details and make one delivery charge per delivery address. A daytime telephone number is required in case we or our delivery agents need to contact you. Delivery times provided by the Company are estimates only. The Company shall not be responsible for any damages or costs resulting from any delays in delivery. In order to avoid lost packages, customers have the option to put their daytime location (such as their work address) in the SHIPPING Address section of the Order information through Paypal. The Company shall not be responsible for any damages or costs resulting from loss of the package after it is delivered to the address chosen by the customer. Unless otherwise stated, all prices quoted do not include shipping and handling charge. Customs or import duties applied to the parcel upon reaching its destination are outside of the Company’s control, and are the sole responsibility of the customer. To determine the potential cost in advance, please contact your local customs office.

    1. Ownership; Risk of loss

      All Product(s) purchased from the D-mop website are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by the Company of the Product(s) to the third party delivery company.

    1. Exclusion and disclaimer of warranties

      The Company makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use, or any information or material, including any downloadable software, accessed from or through this website will be uninterrupted or error-free. The company does not represent, warrant or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components. Except as expressly provided for in these terms, this website and all materials, products and information provided through or on this website are provided to you on an “as is”, “with all faults” basis and the company does not make or give any representation, warranty or condition of any kind, whether express or implied, written or oral, statutory or otherwise, including without limitation (I) warranties as to uninterrupted or error free transactions, privacy, or security, (ii) accuracy, adequacy or completeness of information; or (iii) merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purposes, or those arising out of a course of dealing or usage of trade. These exclusions are in addition to any specific exclusion otherwise provided in these terms. Because certain federal, state or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.

    1. Limitation of liability

      To the maximum extent permitted by applicable law, in no event will the company be liable for any damages or losses of any kind, whether direct, indirect, incidental, special, exemplary, punitive or consequential, howsoever caused, including but not limited to, any lost data, lost profits, lost savings, loss of goodwill, lost business, loss of use or lack of availability of facilities including computer resources, routers and stored data, arising out of or in connection with the use of this website, including without limitation the materials or information provided through this website, the products, or the transactions conducted from on or from any company website, even if the company or any of its lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim. In particular, and without limiting the preceding paragraph, in no event will the company be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: transmission errors or problems, telecommunications service providers, the company’s contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of the company. If, despite the limitations above, the company is found liable for any damage or loss in connection with this website, in no case will the company’s total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than the amount paid by you for the specific products ordered under this agreement and to which the claim relates. If you are dissatisfied with these terms or this website, your sole and exclusive remedy is to discontinue using and accessing this website. Certain federal, state or provincial laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. For the purposes of this section, “the company” shall include the company’s respective directors, officers, employees, agents, mandataries, contractors and third-party suppliers. This section shall survive the termination or expiry of this agreement.

    1. Copyrights and trademarks

      All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of D-mop and is protected by Hong Kong and international copyright laws. All marks indicated as registered on this Site are registered trademarks of D-mop in Hong Kong and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of D-mop.

    1. Confidentiality of the information transmitted

      Other than your account information and your information needed to process orders, the Company does not wish to receive confidential, secret or proprietary information or material from you through this website or other means. You acknowledge that information or material which you provide electronically through your access to or usage of this website, including but not limited to, your ideas, suggestions, comments and other feedback regarding your use of this website or the Products, is not, except as may be required under applicable law or pursuant to the Company’s privacy policy, secret, confidential or proprietary. You consent to the Company using any such information or material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of the Company or the disclosure of your identity, in accordance with the Company Privacy Policy. Furthermore, you acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You also represent and warrant that any and all such information or material which you provide to the Company, whether provided by you electronically by accessing or using this website or otherwise, and the Company’s use of this information and material so provided as permitted in these Terms, does not infringe the rights of any other person or entity.

    1. Links to other websites

      Links and references to other websites are provided to you as a convenience only. The Company has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by the Company.

    1. Modification of website; Reservation of rights

      Company may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue this website or any aspect of it, and Company will not be liable to you or any third party for doing so. Company may also impose rules for and limits on use of this website or restrict your access to part, or all, of this website without notice or liability. All rights not expressly granted in these terms are reserved to the Company.

    1. Governing law

      This website is controlled and operated by the Company from Hong Kong and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of Hong Kong and the laws of Hong Kong applicable therein without reference to principles of conflict of laws

    1. Export laws

      Products sold or delivered under this Agreement shall be subject to export control laws and regulations of Hong Kong. You agree to comply at all times with all such laws and regulations. You hereby agree to defend and hold the Company harmless against all claims, damages or liability resulting from breach of the foregoing.

    1. Termination

      The Company reserves the right, at its sole discretion, to terminate your access to all or any part of this website, with or without notice.

  1. How to contact us

    If you have any comments, suggestions or questions, please do not hesitate to contact us at 奥威(远东)有限公司 AUSWAY(FAR EAST) LIMITED eshop@d-mop.com
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