General Terms and Conditions
1. Service
1.1 We are MANY PROFIT INDUSTRIAL LIMITED ("we," "us," or "our"), and we own and operate the Website. Our Website provides a convenient shopping experience via the internet (including through the use of applications or software).
1.2 By using the Website, you agree to be bound by the following Terms and Conditions. Please read these Terms and Conditions carefully.
1.3 Meaning of Certain Terms Used in These Terms and Conditions:
1.3.1 "we," "us," or "our" refers to (the name of the person or company providing the services).
1.3.2 "you" refers to the person to whom we provide services or deliver goods and the person who is required to pay for the goods delivered.
1.3.3 "Content" means all text, graphics, logos, icons, photographs, images, moving visuals, or sounds, and all graphics, sound effects, computer programs, and other materials selected for, displayed on, or used in connection with our Website. 1.3.4 "Products" means the goods or services you order and pay for through our website.
1.3.5 "Intellectual Property Rights" means any and all patents, trademarks, domain name rights, design rights, copyright and database rights (whether registered or unregistered and any applications for registration of any of the foregoing or rights to apply for registration of any of the foregoing), rights in confidential information, and all other intellectual property rights of a similar or corresponding nature that may now or hereafter exist anywhere in the world.
1.3.6 "Services" has the meaning given in Clause 1.1.
1.3.7 "Suppliers" means the sellers and suppliers of the products you order through our website.
1.3.8 "Website" means Homestuff's website (http://homestuff.com.hk/) and any related websites linked to it.
1.3.9 "User Content" has the meaning given in Clause 10.1.
2. Registration
2.1 You must register with us to use the Services or place an order. By registering, you represent (and we are entitled to rely on such representation) that you are 18 years of age or older and have the capacity to form legally binding contracts.
2.2 You represent to us and all suppliers of merchandise through our website that all orders you make through our website will be made within your authority to enter into contracts.
2.3 In consideration of your use of our services, you agree to:
2.3.1 provide true, accurate, current, and complete information about yourself when completing the registration form; and
2.3.2 maintain and promptly update your registration information to keep it true, accurate, current, and complete. We have the right to suspend or terminate your registration if we have reasonable grounds to suspect that any information is untrue, inaccurate, not current, or incomplete.
3. Ordering
3.1 We are responsible for administering the website, arranging order processing, and fulfilling the goods you order from us through our website.
3.2 When you place an order, you are committing to purchase the goods from us at the price specified for those goods. Once you submit an order, you cannot cancel it, even if we have not yet accepted or rejected it.
3.3 We will confirm receipt of your order by email. This confirmation email will provide:
3.3.1 Details of your order,
3.3.2 Details of the price charged,
3.3.3 Follow-up information on your order, and
3.3.4 Estimated dispatch and delivery information.
This communication will constitute our acceptance of your order on behalf of the supplier. You can track the status of your order online.
3.4 Our acceptance of your order will only include the merchandise specified in the confirmation, and may not include all merchandise you have ordered. If this is the case, your order for the remaining merchandise in your order will be deemed accepted when we issue a further confirmation of acceptance for that portion of your order.
3.5 The stock availability of merchandise is displayed online and will be updated regularly by us. However, it should not be relied upon as a definitive statement of whether the merchandise you wish to purchase is actually in stock.
3.6 We reserve the right, at our sole discretion, not to accept or cancel an order for any reason, including but not limited to:
3.6.1 The goods you ordered are not in stock;
3.6.2 Delivery cannot be arranged for your area or the price of one or more of the goods ordered is incorrect due to human or computer error or error in pricing information provided by the supplier.
3.7 If we cancel your order, we will notify you by email and refund your account within thirty (30) days of ordering.
4. Prices and Payment
4.1 We will make all reasonable commercial efforts to display accurate and up-to-date prices on our website. We cannot list the exact price before accepting your order.
4.2 If the price of the goods at the time we intend to accept your order is higher than the price at the time you placed your order, we will
4.2.1 cancel your order, or
4.2.2 contact you to inquire whether you wish to pay the higher price or cancel your order. 4.3 If we cancel your order and you have already made any payment, we will refund your payment. You agree and accept that we are not obligated to compensate you for your dissatisfaction.
4.4 We accept Visa and Mastercard credit cards. When you place an order, you authorize us to charge the credit card you specify for the amount of the merchandise at the time we accept your order. Title to the merchandise does not pass to you until payment is received.
4.5 We use third-party payment services to conduct online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and retained by us and the payment service provider, subject to their terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or arising from your credit card transactions, and we will not be liable for any such losses, in whole or in part, under any circumstances.
5. Delivery
5.1 We deliver to certain areas in Hong Kong from Monday to Friday (order cut-off time is 12:00 noon), and are closed on Saturdays and Sundays. Delivery may be delayed when Typhoon Warning Signal No. 8 or above or a Black Rainstorm Warning is in effect, and we reserve the right to refuse delivery at our sole discretion. You agree and accept that you will collect your ordered merchandise from our store. We will not accept cancellations or refunds under any circumstances.
5.2 We will deliver your ordered merchandise to the delivery address you provide through our staff or a third-party supplier. When you confirm receipt of the merchandise, you agree to produce photo identification upon request. The merchandise is deemed delivered to and accepted by you when it is delivered to the delivery address you provide. If you are unable to receive the merchandise for any reason, you agree and accept that we have the option of charging you additional fees or canceling your order.
5.3 Unless otherwise specified, we will use all reasonable commercial efforts to deliver your order within 24 hours of accepting your order. When ordering, you may be able to select any of the available delivery times, arranged online in advance.
5.4 We may make one or more deliveries, and some products may be delivered directly by the supplier. Any times and dates for dispatching products, or the time required for delivery, are estimates only. If we are unable to meet any specified dispatch or delivery date or time, we will notify you of the progress of your order. You agree and accept that we will not accept cancellations or refunds under any circumstances.
5.5 Once your purchased products have been delivered to you, you will become the owner of the products. Once the products have been delivered to you, you will hold the products at your own risk and we will not be responsible for their loss or damage.
7. Disclaimer and Limitation of Liability
7.1 We do not represent or warrant that access to our website (including use of mobile applications or software) or any part thereof will be uninterrupted, reliable, or error-free.
7.2 We do not represent or warrant to you that our website or any content will be accurate, complete, or reliable. 7.3 We do not represent or warrant that:
7.3.1 Any services (whether or not provided by us) will be provided with due care and skill; or
7.3.2 Any goods (whether or not provided by us) will be of merchantable quality or fit for any purpose (even if such purpose has been notified to us in advance).
7.4 You agree that no data transmission over the Internet can be guaranteed to be completely secure. Although we strive to protect such information, we do not warrant and cannot ensure the security of any information you transmit to us. Any information you transmit to us is transmitted at your own risk. 7.5 To the extent permitted by law, we exclude all liability to you (whether arising in contract, tort or otherwise and whether or not caused by our negligence) arising from:
7.5.1 any technical, factual, textual or typographical inaccuracies, errors or omissions in or relating to our website (including the use of applications or software) or any information on it;
7.5.2 any failure to provide our website (or any part thereof), goods or services;
7.5.3 any delay in providing, or failure to provide or make available, goods or services, or any negligent provision of goods or services;
7.5.4 any failure of goods to be of merchantable quality or fit for their intended purpose; or
7.5.5 any misrepresentation relating to our website, goods or services. 7.6 Except as required by law:
7.6.1 We will not be liable to you for any indirect or consequential loss, damage, or expense, including loss of profits, business, or goodwill arising from any problem you notify us of, and
7.6.2 We will not be liable to pay you any amount by way of compensation unless otherwise stated in these Terms and Conditions.
7.7 You must observe and comply with all applicable regulations and laws, including obtaining all necessary customs, import, or other permits for the purchase of goods from our website. We make no representations and accept no responsibility for the export or import of goods you purchase.
7.8 You agree that these limitations are reasonable given the nature of our website, particularly because each time you purchase goods through our website, you will enter into a separate contract with the supplier.
7.9 The above exclusions do not affect any statutory rights that cannot be excluded. However, in such circumstances, our liability (to the extent permitted by law) will be limited to the resupply of services or goods to you. 7.10 Each of the above exclusions or limitations shall be construed as a separate and severable provision of these Terms and Conditions.
8. Warranties
8.1 You represent, warrant, and undertake that you will not:
8.1.1 use our website for any fraudulent or illegal purpose;
8.1.2 use our website to defame, abuse, harass, stalk, threaten, or violate the rights of any other person (including, without limitation, the privacy or publicity rights of any other person);
8.1.3 disrupt or interfere with the operation of our website or the servers or networks used to run our website, or violate any requirements, procedures, policies, or regulations of such networks;
8.1.4 transmit or distribute to our website any viruses, worms, Trojan horses, or other computer code that is harmful or invasive or that may or is intended to damage the operation of, or monitor the use of, any hardware, software, or equipment;
8.1.5 reproduce, copy, sell, resell, or exploit for any commercial purpose any part of our website (including the application or software), or any use of or connection to it;
8.1.6 modify, adapt, translate, reverse engineer, decompile, or disassemble any part of our website (including the application or software); 8.1.7 Frame or copy any part of the Website without our prior written consent;
8.1.8 Create a database by systematically downloading and storing Content, User Content, or any Website Content; and
8.1.9 Infringe any copyright, design right, or intellectual property right in the goods.
9. Content
9.1 The intellectual property rights in all Content are owned, controlled, or licensed to us. Except for the rights granted to you under clause 9.2, these Terms and Conditions do not give you any right or interest in the Content, and all other rights are reserved by us.
9.2 Subject to these Terms and Conditions, you may use the Content for your own personal use. 9.3 Unless you have our express written consent or are otherwise authorized by law, you may not:
9.3.1 Use the Content for any commercial or other non-personal purpose;
9.3.2 Copy or transmit the Content to any other device or to any other person; or
9.3.3 Reprint, distribute, communicate to the public, modify, reformat, prepare derivative works of, or display the Content.
9.4 You acknowledge and agree that if you breach any of the terms of this clause, we may, in our sole discretion, cease to supply you with any Content.
9.5 We will use all reasonable commercial efforts to ensure the accuracy of the Content, but make no warranties or representations (express or implied, statutory or otherwise) as to the accuracy, quality, or completeness of the Content or its suitability for any purpose, and we accept no liability in respect thereof. You also agree that advertisers are solely responsible for the content of advertisements displayed on our website. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertiser's products, and each advertiser is solely responsible for any representations made in its advertisements. We are not responsible for any loss arising from your reliance on the accuracy of the information on our website.
10. User Generated Content
10.1 When you submit any user-generated content (including all text, files, graphics, photos, audio, video or other materials) ("User Content") to our website, you grant us a
