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1/ TERMS OF SERVICE
We work with third party partners to operate and host our Site and server as well as to process monetary transactions. These are our trusted partners which may change over time. Any reference to “we” or “us” may also refer to such third party partners or any of our affiliates.
This agreement does not acknowledge any relationship between you and Earth Trek (Hong Kong) Ltd (partnership, collaboration, employment, or otherwise). It does not entitle you to hold yourself as a representative of Earth Trek (Hong Kong) Ltd.
We also reserve the right to, with or without notice, amend, suspend or discontinue this Site, any portion or any feature of this Site or charge, modify or waive any fee in connection with the use of this Site at our sole discretion. We shall not be liable to you or to any third party should any of the foregoing occur.
If you have any comment about the Site or this TOS please Contact Us.
All materials on the Site (which is defined as, or includes, any text, audio or music, video, graphics, photographs, and other intellectual property rights in such materials (collectively, the “Content”)) are owned, controlled or licensed by Earth Trek (Hong Kong) Ltd and are protected by intellectual property and copyright laws and international treaty provisions. The Site is for your personal and non-commercial use only. No right, title, or interest in any downloaded or copied Content is transferred to you as a result of downloading or copying. Any non-personal and / or commercial use of the Content is only permitted when expressly authorized by Earth Trek (Hong Kong) Ltd and / or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of Earth Trek (Hong Kong) Ltd. Any such unauthorized actions may result in civil consequences or criminal penalties. Some trademarks, trade names, service marks, registered trademarks and logos (“Marks”) displayed on this Site are registered or unregistered Marks of us and our affiliates and some are registered or unregistered Marks of third parties. Nothing in this Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to you to use and such Marks.
THIRD PARTY LINKS
Earth Trek (Hong Kong) Ltd will endeavor to ensure that the Content, the product descriptions, pricing, availability and the colors and finishes of our products (the “Descriptions”) on the Site to be as accurate and complete as possible. We however do not warrant that the Descriptions are accurate, complete, current or error-free. We reserve the right to correct any errors and omissions that may relate to the Descriptions at any time without prior notice. Additionally, we do not warrant that your device’s display of any color will be accurate, complete, current or error- free. The colors and finishes of our products will be indicative and they do not have a binding or contractual value.
YOUR USE OF THE SERVICES
You may use the Services only as permitted by these Terms of Services and in a manner consistent with all applicable laws, rules and regulations, and generally accepted practice or guidelines in relevant jurisdictions, including but not limited to any laws governing the export of data to or from Hong Kong Special Administrative Region.
By using the Services, you agree:
• not to use any device, software, program, code, algorithm or methodology to access, copy or monitor any Content or any portion of this Site, or to reproduce or circumvent the navigational structure or presentation of the Content or the Site;
• not to obtain or attempt to obtain any Content via any means not purposefully made available by us;
• not to resell use of or access to this Site to any third party;
• not to gain or attempt to gain unauthorized access to any portion, system or network of this Site or connected to this Site or any servers, systems or networks of our third party partners, by any illegitimate means;
• not to probe or test the vulnerability of this Site or any system or network connected to this Site;
• not to breach any security or authentication measures of this Site;
• not to seek or attempt to seek to trace any information of any users of this Site or any of our customers with an aim of discovering any information including but not limited to personal data that is capable of directly or indirectly identifying an individual or other information that can reasonably be used to connect non-personal data to personal data;
• not to cause an unreasonably large load on the infrastructure of the Site or any connected systems or networks;
• not to use any device or means to interfere or attempt to interfere with the proper functioning of this Site;
• not to manipulate identifiers to disguise the origin of any message or transmittals you send through this Site;
• not to create or maintain any link on this Site without our prior written consent; and
• not to pretend to be another person or claim yourself to be a representative or an agent of another person without the relevant authorization.
2/ PAYMENT SECURITY
All transactions on this site are processed using Paypal, a secure online payment gateway that encrypts your card details in a secure host environment.
Paypal is a leading, secure and reliable international payment service provider to banks and online merchants since 1999. Customers' payment details are securely transmitted to the acquiring bank, card and payment companies for real-time transaction authorization using 256-bit Extended Validation Certificates (EV) SSL transaction encryption. Paypal supports CVV/CVC check as well as 3-D secure authentication of Visa and MasterCard namely: Verified By VISA, MasterCard SecureCode for added security protection for both customers and merchant.
3/ WEBSITE SECURITY
To ensure your online shopping experience is safe and secure, Earth Trek (Hong Kong) Ltd uses SSL technology. This encrypts and protects the data you send us via the Internet. If SSL is enabled, you will see a padlock at the top of your browser. Click on this for more information about the SSL digital certificate registration.
You will also notice in URL field at the top of the browser, the domain address begins with “https:” instead of “http:”. This means that you are in secure mode.
Earth Trek (Hong Kong) Ltd is registered with ABCHK to ensure your information remains private while in transit between your web browser and our web server.
4/ EXCHANGE AND REFUND
We do not accept any cancellation after order has been confirmed. We do not accept exchanges or returns in the case of at the convenience of customer
If the product delivered is damaged or defected, please contact us by emailing our Customer Care team at email@example.com with the information regarding the conditions within 7 days of receipt. Please note that before providing a refund for any returned product we will first verify its condition. All non-returnable items will neither receive refund nor return to you.
RETURN OF DAMAGED GOODS
All items undergo comprehensive quality control and are checked for damage before they are sent to customers. Should you receive an item that is not in perfect condition, please contact us immediately by emailing our Customer Care team. Please ensure that the packaging remain the same, otherwise it will call into question whether the item was actually used and damaged at that time.
After checking, we will issue a replacement or refund. Shipping, tax and duties ' costs on faulty or damaged items/ replacements will not be charged after the initial delivery.
RETURN OF DEFECTIVE MERCHANDISE
For online purchases, customers should contact Earth Trek (Hong Kong) Ltd in respect of any Defective Merchandise immediately by emailing our Customer Care team at firstname.lastname@example.org. Shipping, tax and duties ' costs on the Defective Merchandise will not be charged if return of the products is required. Earth Trek (Hong Kong) Ltd reserves the right to request photographic support regarding Defective Merchandise before authorizing a return.
5/ ELIGIBILITY TO PURCHASE
In order to place orders with us, you must meet our conditions of eligibility:
• Be aged 18 years of age or over
• Be in possession of a valid credit/debit card issued by a licensed bank acceptable to Earth Trek (Hong Kong) Ltd for payment
• Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site).
All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.
The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.
Prices are shown on the Site in Hong Kong Dollars (HKD) in Hong Kong.
Product prices are set at the beginning of each season using existing currency exchange rates during product launch. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Prices displayed on the Site at the time of 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. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.
If your credit/debit card is not denominated in Hong Kong 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.
Taxes and duties applicable to your order depend on the shipping country of your order:
• Hong Kong orders are not subject to taxes and duties.
• Orders will only be charged for the price of the product(s) purchased (excluding taxes and duties) and the delivery costs. Customers will be responsible for the payment of all import tax and duties levied by the country to which the products are shipped and payment of the said tax and duties is necessary for the release of the products ordered from the Customs on arrival.
We accept payments made by Visa, MasterCard, American Express for all international orders. Orders shipped to Hong Kong can also be paid using major cards supported by China Unionpay (CUP) credit cards.
By placing an order using one of the above Credit/Debit card payment methods, you confirm that the Credit/Debit card(s) used is yours or that you have been authorized by the owner to use it. You are responsible for ensuring the correctness and completeness of all information you provide with us. If your card issuer refuses to authorize payment to Earth Trek (Hong Kong) Ltd, we will not be liable for any delay or non-delivery.
Payment will be debited immediately when the order is placed. Our payment processes meet the stringent international security standards set down by the Payment Card Industry to make your shopping experience safe and secure. If you have registered an account on the Site and have decided to save your card details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorized access to any data you provide when using our Services.
We accept the following payment methods for online orders:
Hong Kong orders: International MasterCard, Visa, American Express and China UnionPay (CUP) credit cards.
Mainland China orders: China UnionPay (CUP) dedit cards and China UnionPay (CUP) credit cards from major banks*.
We have no control over the above payment processors and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of their services.
As you will be responsible for all transactions that occur under your password, you should take all necessary steps to protect your account details and password and keep them confidential and secure. Please Contact Us if:
• you believe that your password has become known to any unauthorized party; or
• you believe that your password has been or may be used in an unauthorized manner.
Furthermore, you should not use anyone else’s account or password without first obtaining express consent of the account holder or password holder.
We will not be liable for any loss or damage resulting from your failure to comply with the foregoing obligations.
Upon discovery of any possible breach of security or misuse of the Site, we reserve the right to request you to change your password or suspend your account.
8/ ACCEPTANCE OF YOUR ORDER
Once you have entered your personal and payment details to place your order, we will send you an email acknowledging the receipt of your order request. This email is only a confirmation of receipt of your order request and does not constitute an acceptance of your order.
Your order will be accepted and the contract between you and Earth Trek (Hong Kong) Ltd will be completed when we send you an email to confirm the goods have been dispatched to you and your payment has been accepted. Only the goods listed in the confirmation email sent at the time of dispatch are subject of the sale contract. All sales contracts are made in Hong Kong (SAR) and are written in English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Earth Trek (Hong Kong) Ltd.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able to do so. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Earth Trek (Hong Kong) Ltd reserves its right not to accept an order for any reason in its sole discretion (including, but not limited to, any of the following):
• The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items.
• We identify a pricing or product description error.
• We are unable to obtain authorization for your payment.
• You do not meet the eligibility criteria to purchase the product in accordance with our Terms and Conditions of Service.
Our Customer Service team will contact you as soon as possible if there are any problems with your order.
9/ SHIPPING AND COLLECTIONS
We endeavor to dispatch all products ordered within 48 hours after the order has been placed and accepted by us. You will be given an indication of the expected delivery time when you place your order online. Earth Trek (Hong Kong) Ltd's teams will try their best to meet these estimates but cannot guarantee that such estimates must be met.
Earth Trek (Hong Kong) Ltd insures each order through transit up until it is delivered to you or is collected. You need to sign a confirmation of receipt of the products when the products are collected and by doing so, you accept the responsibility for the products ordered from that moment on. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept this signature as an evidence of delivery and fulfilment of your order by Earth Trek (Hong Kong) Ltd. You also accept the associated transfer of responsibility in the same way.
10/ GOVERNING LAW AND JURISDICTION
The TOS, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these TOS.
You are responsible for ascertaining and obeying all applicable laws, rules and regulations in relation to the use of the Services.
In case any provision of this TOS shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Failure to insist upon strict compliance with any provision in the TOS will not be deemed a waiver of such provisions. Our rights and remedies under these TOS shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. The provisions relating to intellectual property, limitation of liability, disclaimer and governing law and jurisdiction, shall survive the termination of this TOS.
For a more subtle option, you can receive your purchases wrapped in tissue paper and shipped securely in a courier box.
Orders will be shipped in basic packaging.
We endeavor to ensure the accuracy and completeness of the Content on our Site. If such Content contains error, we will correct it as soon as possible. Should you notice any errors of such information or Content, please Contact Us.
We also strive to minimize any inconveniences caused by technical errors insofar as possible. However, we cannot guarantee that the use of this Site will be free of technical error, unauthorized intervention and interruptions.
We also endeavor to protect this Site from viruses but by using this Site, you agree to take necessary measures to protect your computer systems. We will not be liable for any loss caused by or in connection with the viruses in relation to your use of the Services.
To the maximum extent permitted by law, we are not liable under any circumstances for direct or indirect damage or consequential damage (including, but not limited to, loss of profit and emotional damage etc.) directly or indirectly related to the use of the Services. Nothing in this Terms of Service shall exclude our liability for wilful intent, fraud or death, bodily injury or gross negligence.
We provide the content of this Site on an “as is” basis without warranties of any kind being given. By using the Services, you agree that the use of this Site or any portion hereon is entirely at your own risk. We disclaim all warranties to the maximum extent permitted by law.