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If there are any discrepancies or ambiguity between the English and Chinese versions of terms and conditions in this Agreement, the Chinese version shall prevail.
1. Acceptance of Terms and Conditions
You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. We are iBiz Asia Company Limited and we are the owner of this website. (we refer ourselves as "ibizgift", "we" or "us" or "our" in this document).
Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
We reserve the rights to amend these terms and conditions at any time and it is your responsibility to review these terms and conditions on each occasion you purchase products. All amendments to these terms and conditions will be posted on-line. If you do not wish to be regulated by the amendments, you can send us a written request to terminate this agreement (through email firstname.lastname@example.org or by mail). However, if you continue to browse the Website or use the coupons, you will be regarded as accepting the amended terms and conditions.
2. Accounts and Passwords
2.1 Why to register: You do not need to register to use much of the functionality of the Website or to access much of the Service. However, you must register in order to make a purchase from the Website. This is so that we can provide you with easy access to print your orders, view your past purchases and modify your preferences. We reserve the right to decline a new registration or to cancel an existing registration at any time.
2.3 Passwords: Once you finish registration, you must keep your password confidential and immediately notify us if any authorized third party becomes aware of that password or if there is any unauthorized use of your email address or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorized to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
We are committed to safeguard the privacy of individuals with respect to your personal data. We assure that the data collected will be used lawfully. For details, please see the Policy Privacy Statement, the Statement is regarded as part of the Terms and Conditions.
4. Users Management
You agree that your activity on this Website will follow the laws of Hong Kong and the following regulations:
4.1 Will not use the Website to participate in illegal activities;
4.2 interfere with or disrupt the services or servers or networks through which the services are provided, or disobey any requirements, procedures, policies or regulations of such networks
4.3 Will not upload, post, email, offer or otherwise transmit any contents that infringe any proprietary rights or intellectual property rights including, without limitation, patent, trademark, trade secret, copyright of any party;
4.4 Will not upload, post, email, offer or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except such advertisements or promotional materials expressly authorized by us in writing;
4.5 Will not upload, post, email or otherwise transmit any contents that contain software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of our site and/or computer software or hardware or telecommunications equipment constituting them
Apart from the price of products listed on the Website, there may be other promotion discount and member discount arrangement, the price of the products to be paid by the customers on the payment page shall prevail. Customers should acknowledge and agree with the price of the products before they make the payment. The refund is limited to the actual payment amount. In case of stock shortage, customers have the right to cancel the order, ibizgift will refund all or part of the payment (interest is not included). We are not accountable to the legal liability and responsibility due to the stock shortage. Also, products which marked ‘for region-outside-Hong-Kong’, may not be well functioned directly in Hong Kong due to voltage and socket issues; these products are for customers outside Hong Kong to purchase. Customers should bear consequences if they use these products in an not-applicable-region.
6. Limitation Of Liability
6.1. The User acknowledges that ibizgift’s systems, servers and equipment, or such other third party systems, services and equipment, used to operate the Website, may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes whatsoever. ibizgift shall not be liable for any loss, damage, claims, costs or expense of any kind arising from any such downtime, or from any unavailability or inoperability of any telecommunications systems or internet, technical malfunction, error, omission, interruption, delay in operation or transmission, computer error or viruses, any failure in communication lines or telecommunications networks, or any corruption or loss of data or other disruption of any kind.
6.2. In case of any error, ibizgift will fix it as soon as possible with reasonable measures. However, ibizgift does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, and we are not liable for any error appeared. If you discover any fault, please inform us through email email@example.com.
6.3 ibizgift does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, nor the data transmitting is always timely and accurate.
6.4 ibizgift cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features.
6.5 ibizgift reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
7. Intellectual Property Rights
7.1. The User acknowledges that all Intellectual Property Rights in the software and technology comprised in the Service are retained exclusively by ibizgift and/or their rightful owner(s) and the User shall not do or permit any act which is directly or indirectly likely to prejudice the rights, title or interest of the said rightful owner(s) in and to any of the aforesaid. The User shall not use in any way and shall not reproduce any trademarks that are associated with the Service, ibizgift or that the User has sight of when using the Service (collectively the “Trademarks”), without the prior written consent of ibizgift.
7.2. The User hereby undertakes and agrees:
(a) that ibizgift is the true and lawful owner of the Trademarks and all derivatives thereof;
(b) not to use the Trademarks or any derivatives thereof or any other name or mark confusingly similar as the aforesaid;
(c) that all rights, title, interest and any goodwill in the Trademarks or any derivatives thereof belong exclusively toibizgift; and
(d) not to register domain names associated with or including the Trademarks or any derivatives thereof or any name that is confusingly similar to any of them including any visual or phonetic equivalent or other derivation thereof.
7.3. ibizgift does not represent or warrant that the use or application of the Service by the User will not constitute an infringement or misuse of any Intellectual Property Rights.
7.4. The User agrees to assume all risks arising out of or relating to its use of the Service. Notwithstanding anything that may be to the contrary,ibizgift makes no warranty that any information, software or any material made available by ibizgift via the Internet relating to the Service does not contain computer viruses and ibizgift accepts no responsibility or liability whatsoever relating to the aforesaid.
7.5. The User agrees to be bound by and shall execute any end user licence agreements relating to any software or technology utilised in the Service that ibizgift may from time to time require the User to agree to and execute for the purpose of the provision of the Service, failing which the Service shall be discontinued or suspended at the discretion of ibizgift.
7.6. The User hereby grants toibizgift, its related corporations and ibizgift’s agents and subcontractors, a perpetual, irrevocable, worldwide, non-exclusive, no-charge, royalty-free, sub-licensable and transferable licence to use, process, display, re-produce, store, publish, transmit, communicate, adapt, translate, modify, deal in, and/or to use in any other way whatsoever, the User’s Content, or any part thereof, for any purpose.
8. Governing law and dispute resolution
8.1. The Terms & Conditions for Users and any dispute or matter arising from or incidental to the use of the Service and/or the Website shall be governed by and construed in accordance with the laws of Hong Kong, unless otherwise specified.
8.2. Force Majeure: ibizgift shall not be liable to in any way whatsoever for its failure to perform for the duration of the Force Majeure events: including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war.
8.3. Severability: If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision shall be deemed to be severed and the remaining provisions shall remain in force and effect.
9. Replacement Guarantee
9.1 You (i.e. the Customer) are entitled to return and replace any products (for the same model) within 7 days from the date of purchase, provided that the products are proved and confirmed to be defective by the agents, suppliers and/or manufacturers.
9.2 Any products may only be returned and replaced once.
9.3 If the replacement products are out of stock, you may exchange other available products of the same dollar value as of the date of purchase of the products.
9.4 The returned products must be in their original condition and packaging (all accessories must be included) without any physical damage and/or scratch together with original sales invoice, receipts and warranty card (which shall not be completed). The serial numbers on the returned products must be the same as those on invoices.
9.5 This Guarantee shall not be applicable where the return and replacement of products are due to price fluctuation in the open market and/or software problems.
9.6 This Guarantee shall not be applicable for;
(a) products sold under special offers and/pr specially discounted products; (b) products broken, damaged or become defective by your inappropriate use or maintenance;
(d) products without sales invoices, receipts and warranty card (which shall not be completed);
(e) registered software products;
(f) products with physical damage and/or scratches;
(g) products that have been registered under their warranties;
(h) any mobile phones or electrical devices which have been rooted;
(i) products of specific brands such as Apple, Dyson offer warranty for repair service only but not exchange for new ones; and
(j) some disposable products like screen protectors, cosmetics and skincare products.
(k) Products that have been opened or used
9.7 For all mobile phone products, if the damage is caused by your default act or omission directly or indirectly and/or the mobile phones cannot be switched on and/or no matching IMEI/Serial No showing on invoices or receipts, you shall at your own costs deliver the mobile phone to the relevant authorized repair centre for repair.
9.8 For specific warranty terms of each product, please refer to specific product pages.
10.1 Subject to Clause 9 hereinabove, products are not refundable or exchangeable. Sold price on invoice is final, in the event of price adjustment, price difference is not refundable in any circumstances.
10.2 In case of mistaken transfer made by customers, the excess amount of money can only be transferred as Points. If customers insist on making a refund, HKD50 administration fee will be charged each time. It is suggested that customers should check the amount carefully before they transfer.
11.1 You may be required to pay deposit(s) for the product. Such deposit(s) are not transferable for the purchase of other products or models. In the event that you pay any deposit to hold any products, the deposit shall be forfeited as liquidated damages and not as penalty if the purchase is not completed within 30 days from the date of payment of such deposit. If the product is out of stock, deposit paid by you (if any) shall be refunded to you without interest. Otherwise, the deposit is not refundable.
11.2 You shall be liable to pay the full purchase price of the product and delivery fee before our delivery of the product, failing which ibizgift, the company shall be entitled to withhold delivery of the product.
11.3 In the event of refund, all credit card and eps payments shall be refunded through the [ card issuing/paying ] banks; All cash payments shall be refunded by cash; All bank transfer payments shall be refunded by bank transfer.
12.1 It is acknowledged and agreed that all delivery dates and times stated by ibizgift’s website or staff are merely estimates and ibizgift and its staff shall not be liable for any loss or damaged incurred or suffered by your as a result of late delivery or non-delivery of products.
12.2 If you do not pick up or arrange delivery of the purchase within 60 days after notice, you may be subject to forfeit the product or partial payment as compensation for storage costs.
13. Warranty Terms
The warranty terms shown on the website or invoice are for quick reference only. Details of the warranty refer to the official information of the manufacturers or distributors. ibizgift would try the best on warranty accuracy but shall not be liable for any loss incurred or suffered by misrepresentation of warranty terms.
If any of the above terms are disputed, we reserve the right to make the final decision.