In this Terms & Conditions, unless the context otherwise stated:-
2.1. The Services are provided and operated by Spa Monkeys Ltd. We are a limited liability company registered in Hong Kong with registered number 2160981 and have our registered office at Unit 5, 2/F, Kaiser Centre, 18 Centre Street, Sai Ying Pun, Sai Wan, Hong Kong.
2.2. By using our site, you agree to be bound by the following terms and conditions.
You are required to register with us when you use the services or place an order. By registering:-
3.1. you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract;
3.2. you represent to us and to all suppliers of the merchandise through our site that all purchases made by you through our site will be within the scope of your authority to conclude contracts; and
3.3. you agree to:-
if we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
4.1. We are responsible for managing and administering the site, arranging order processing and fulfillment for the merchandise you ordered from the suppliers through our site.
4.2. When you place an order you are making an offer to buy from the supplier the merchandise you have specified at the price stated for those merchandise. Regardless of the status of the order, you cannot cancel an order once it has been submitted.
4.3. We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:-
4.3.1. details of what you have ordered; and
4.3.2. details of the price charged,
this communication will be our acceptance of your order on behalf of the supplier.
4.4. Our acceptance of your order will only cover the merchandise mentioned in it and may not cover all the merchandise you ordered. If this is the case, then the order you made for the remaining merchandise will only be accepted when we send a further acceptance of that part of your order.
4.5. The availability of the merchandise is as shown online and will be updated from time to time. They shall not be relied on as definite statements as to whether the merchandise you wish to purchase are actually in stock.
4.6. We reserve the final right on not accepting or cancelling an order for any reasons at our sole discretion, including but not limited to:-
4.6.1. insufficient stock to fulfill your order;
4.6.2. no delivery can be arranged for your area; or
4.6.3. one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error, or an error in the pricing information provided by the supplier.
4.7. You will be notified by email if your order, or any part of your order, has been cancelled, any concerning amount received from you will be reimbursed back to you as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
5. PRICE AND PAYMENT
5.1. All prices are in terms of Hong Kong Dollar (HK$).
5.2. We use PayPal service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
6.1. We may deliver the merchandise in one or more instalments, and some of the merchandises may be delivered directly from suppliers. Any times and dates given for dispatch of merchandise, or the length of time that merchandise will take to be delivered, are only estimates. You agree and accept that under no circumstances will we accept cancellation of order or refund.
6.2. You will become the owner of the merchandise you have ordered when they have been delivered to you. Once merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
6.3. Local Delivery
6.3.1. This subsection applies to delivery to an address which is within the boundary of the Hong Kong Special Administrative Region.
6.3.2. Unless otherwise specified, delivery charge at the rate of HK$30 will be imposed on each delivery for order with a post-discount total of less than HK$500. Order with a post-discount total of HK$500 or above is entitled to free delivery.
6.4. International Delivery
6.4.1. This subsection applies to delivery to an address which is out of the boundary of the Hong Kong Special Administrative Region.
6.4.2. Unless otherwise specified, delivery charge at the rate of HK$50 will be imposed on each delivery for order with a post-discount total of less than HK$1,000. Order with a post-discount total of HK$1,000 or above is entitled to free delivery.
7. RETURNS OR EXCHANGES
7.1. Unless otherwise specified, no return or exchange of merchandise will be accepted. Please read the returns or exchanges policy as specified by the supplier carefully before you place an order.
7.2. Subject to the returns or exchanges policy of individual supplier, merchandise may be returned for exchange or refund within fourteen (14) days for local delivery (see Section 6.3.1), and within thirty (30) days for international delivery (see Section 6.4.1), of receipt if the merchandise you ordered are faulty, defective or damaged (with no fault on your part), or the merchandise are not what you ordered, or the delivery is of an incorrect quantity, provided that:-
7.2.1. the returns or exchanges policy applies;
7.2.2. the merchandise are unused and in the condition originally sold together with all parts and accessories which are provided with the merchandise including, but not limited to, manuals, certificates, labels, tags, consumables, bags, and boxes;
7.2.3. the packaging of the merchandise must be in the condition in which it was delivered to you; and
7.2.4. a request for return for exchange or refund is notified to and accepted by us via email@example.com or (+852) 3956 4998, and the merchandise is returned to the supplier within a limited period specified by the supplier.
7.3. If any promotional discount was applied to the total purchase amount at time of purchase, you will be refunded in the amount paid at the time of purchase for that item.
7.4. You agree and accept that merchandise is acceptable for exchange subject to stocks availability.
7.5. You agree and accept that it will be at the supplier’s sole discretion whether the merchandise is accepted for return for exchange or refund.
8. DISCLAIM OF WARRANTIES AND LIMITATION OF LIABILITY
8.1. We do not represent or warrant that access to our site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
8.2. We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
8.3. We do not represent or warrant that:-
8.3.1. any services (whether or not provided by us) will be provided with due care and skill; or
8.3.2. any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
8.4. You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
8.5. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:-
8.5.1. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (including using our applications or software) or any information on our site;
8.5.2. the unavailability of our site (or any part of it), merchandise or services;
8.5.3. any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
8.5.4. any merchandise not being of merchantable quality or fit for their intended purpose; or
8.5.5. any misrepresentation on or relating to our site, the merchandise or the services.
8.6. Save as required by law:-
8.6.1. we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us; and
8.6.2. we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
8.7. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from our site. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
8.8. You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase merchandise through our site you will enter into a separate contract with the supplier in each case.
8.9. None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.
8.10. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
9.1. You represent, warrant and covenant that you will not:-
9.1.1. use our site for any fraudulent or unlawful purpose;
9.1.2. use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
9.1.3. interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
9.1.4. transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
9.1.5. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site (including our applications or software);
9.1.6. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software);
9.1.7. frame or mirror any part of the site without our express prior written consent;
9.1.8. create a database by systematically downloading and storing the Content, User Content or any site content; and
9.1.9. infringe any copyright, design right and intellectual property right in the merchandise.
You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
11. LINKED WEBSITES
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
12.1. We may terminate your access to our site or registration immediately if you are in breach of any of these terms and conditions.
12.2. Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
13. INTELLECTUAL PROPERTY
13.1. All intellectual property rights in the Content, User Content, design, text, graphics and other material on our site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any unauthorised used without our prior written permission is strictly prohibited.
13.2. All trademarks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
14.1. Where in these terms representations and warranties are made to us and to suppliers of merchandise through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you.
14.2. We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
14.3. We have made every effort to make clear whether the quoted prices for merchandise available through our site include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.
14.5. We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
14.6. We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
14.7. If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
14.8. We may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.
14.9. You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
14.10. These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
14.11. These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
14.12. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.
14.13. We reserve the final right to terminate or alter the above terms and conditions. In the event of any dispute, our decision shall be final and conclusive.