Terms & Conditions
1. Acceptance of the General Terms and Conditions
1.1 Welcome to www.bigbuzzshop.com.
The eShop ("Big Buzz Shop") and its domain name are owned and operated
by Big Buzz Company Limited (The Company). Access to and use of this eShop and
the products and services available through this eShop (collectively, the
“Services”) are subject to the following terms, conditions and notices (the
“Terms and Conditions”). Please read carefully the following Terms and
Conditions, which govern your use of the eShop and/or the information contained
therein.
1.2 Throughout
the eShop, the terms "we", "us" and "our" refer
to The Company.
1.3 By
accessing the eShop and using the Services, you are agreeing to all of the
Terms and Conditions as well as the Privacy Policy, posted on the eShop and
updated by us from time to time without notice. You should check this page
regularly to take notice of any changes we may have made to these Terms and
Conditions. The amended terms and conditions are effective from the date they
are published on our site. Your continued access and use of the eShop shall
represent your unconditional acceptance of the latest version of the Terms and Conditions.
Please understand that if you refuse to accept these Terms and Conditions, you
will not be able to use or order any products from the eShop.
1.4 The Terms
and Conditions are written in both English and Chinese. In the event of any
discrepancy or inconsistency between the English version and the Chinese
version, the former shall prevail.
2. Revision of the Terms and Conditions
2.1 The Company
reserves all the right to amend and update the Terms and Conditions at any
time. We shall post such updated or amended version at the eShop as
notification. If you do not agree to or comply with the Terms and Conditions,
you should not use the eShop. Please note that your use of and continued access
to the eShop will be deemed to mean that you have read through and agreed to
accept whatever Terms and Conditions prevail at the time of such usage of the eShop,
as implying that you agree to comply with and to be bounded by the Agreement
without any reservations, modifications, additions or deletion. Unless
otherwise specified, all the updated or amended parts shall form part of the Terms
and Conditions.
3. Use of the eShop
3.1
In order for you to shop and pay at the eShop,
you need to register an eligible user account.
To complete the registration¸ you should satisfy all the conditions below:
(1) You should be at an age of 18 or above or have
your guardian’s permission if you are not.
(2) You must not be a subject of any sanction.
(3) You should hold a valid email address.
(4)
You should provide us with accurate, complete and updated information
for subscription, registration and delivery purposes and timely update if there is any change in that information.
We will, assuming no liability, suspend or terminate your account
and prohibit you from registering in the future if any of the above conditions are
not met.
3.2 The eShop
may be used only for lawful purposes and in a lawful manner. You agree to
comply with all applicable laws and regulations regarding the eShop.
3.3 You are
prohibited from violating or attempting to violate the security of the eShop,
including without limitation accessing data not intended for you, attempting to
have any unauthorized access to this eShop, to the server which hosts this eShop
or to any other server, computer or data base related to this eShop, probing,
scanning or testing the vulnerability of a system or network utilized by the
eShop, breaching the security or authentication measures adopted by us for the
eShop and interfering with the access to or use of the eShop by other users.
3.4 You shall
not misuse the eShop by knowingly introducing viruses, Trojans, worms, logic
bombs or any other materials which are malicious or technologically harmful,
and shall not attack the eShop in any manner whatsoever, including without
limitation via denial-of-service attack or distributed denial-of-service
attack.
3.5 You are prohibited
from:
(1) posting
or sending messages in any format containing content, harmful in any form,
including but not limited to illegality, profanity, blasphemy, sexual
explicitness, harassment, threat, discrimination;
(2) using
this eShop for political and religious propaganda;
(3) posting
spams, advertisements or junk emails;
(4) posting
fraudulent or misrepresentative information;
(5) interfering
or interrupting other persons and infringing their right of accessing and using
the eShop.
3.5 Your breach
or attempted breach of the Terms and Conditions will subject you to civil
liability and possibly also criminal liability, whereupon we shall take legal
actions against you as we deem necessary and expedient, including without
limitation reporting to the relevant law enforcement authority(ies) and disclosing
your identity to them.
3.6 We are responsible
for, and accepts no liability with respect to, any information uploaded,
posted, transmitted or otherwise made available on the eShop by any external person
or organization. We do not endorse any opinion, advice or statement made by any
external person or organization.
3.7 This eShop
is a property of the Company, we have absolute right to block or suspend any
user of the eShop, and to modify or remove any material uploaded, posted,
transmitted or otherwise made available on the eShop by any user. We will
take corresponding actions at our own discretion without notice.
3.8 We may place
hyperlinks on this eShop connecting to other websites. We do not vet those
websites and have control over their contents or services. A hyperlink can be
presented in different forms, like an image, icon, text, or any type of visible
element that, when clicked, redirects you to a linked website, which is run by any
third party independent of the Company, which is commonly used in the Internet.
It is at your own discretion and responsibility in visiting those websites via
the hyperlinks and we will not accept any liability in respect of your use of
those websites.
4. Intellectual Property Rights
4.1 All
contents on the eShop (including without limitation text, designs, pictures,
graphics, logos, icons, images, layout, brands, illustrations, audio and video
clips, interfaces, codes, software, the compilations, selections and
arrangements thereof and other proprietary materials contained on the eShop)
are the exclusive properties of The Company, and are protected by copyright,
trademark, service mark and/or other proprietary laws.
4.2 Without
prejudice to Clause [4.1], all trademarks used on the eShop are the registered
or unregistered marks of the Company, which are protected by trademark laws. No
license to the use of such marks is granted to you under the Services or by
your use of the eShop. Your misuse of our marks displayed on the eShop is
strictly prohibited. You are also advised that we may enforce our intellectual
property rights to the fullest extent of the law, including through civil
remedies and criminal prosecution.
4.3 You may
access, copy, download and print the materials contained on the eShop for your
personal non-commercial use only, provided, however, you will not modify or
delete any copyright, trademark or other proprietary notices in such materials
in whatsoever manner. You will not obtain any right, title or interest in any
of such materials as a result of such access, copying, downloading or printing.
4.4 You shall
not reproduce, transmit, adapt, distribute, sell, modify, publish, remove,
store, transfer or sell the content and trademarks of the eShop for any
purpose, only except having obtained the prior written consent endorsed by The
Company, or as permitted by law.
4.5 Any
materials or contents obtained from the eShop for purposes competitive to our
business is strictly prohibited.
5. Contents of the eShop
5.1 You should be
aware of that buying clothing and accessories over the Internet provides a
different shopping experience to buying in store. In describing the products
available to purchase online, the Company attempts to be as accurate as
possible. However, the Company does not warrant that product descriptions or
other content of the eShop are accurate, complete, reliable, current, or
error-free.
5.2 The
maintenance of the eShop and all materials and information presented thereon
are intended for your personal entertainment, information, education and/or
communications only, and shall not howsoever be regarded as our offer for sale
of any goods or provision of any services. For the avoidance of doubt, pictures
of the products displayed on the eShop are for reference only.
5.3 We give no
warranty as to the accuracy, completeness, timeliness, utility or other
qualities of the information contained on or given in relation to the eShop,
and shall not be liable for damage of any kind (whether we ought reasonably to
have known or had been advised on the possibility of the same) arising from
and/or in connection with the information contained on the eShop. In no event
shall you rely on any of the materials on the eShop as the sole basis for
making decisions without consulting primary and more accurate, complete and
timely sources of information. Any reliance on the materials on the eShop is
entirely at your own risk.
5.4 Any
typographical error, clerical or other error or omission on the eShop shall be
subject to our correction at any time without any liability on our part.
5.5 We reserve
the right to modify or withdraw, temporarily or permanently, the eShop (or any
part thereof) with or without notice to you. In any event, we shall not be
liable to you for any modification to or withdrawal of the eShop.
6. Scope and General Provisions of Service
6.1 Unless otherwise specified, the contents posted
at this eShop are solely for the purposes of displaying and supplying products
and services to customers residing in China-Hong Kong.
6.2 The list price of the products is
exclusive of the delivery costs (please refer to delivery service section of
the eShop for more details). You should settle the list price of the purchased
products and the related delivery costs at check-out. This eShop is not liable
for any delay in the delivery or non-delivery caused by your failure to pay us.
6.3 The list price of the merchandises at the
eShop is primarily denominated in Hong Kong Dollars. The price listed in other currencies is converted on the basis of Hong Kong Dollars and in accordance with our treasury policy. You are freely to pay in any currency specified and available in the eShop in accordance with your own need.
6.4 When the law permits, the Company
reserves its right to change or update the list price, any other charges,
product descriptions, availability of the products and any related Terms and
Conditions from time to time. Such changes or updates shall not affect any prior
orders that have been paid by the customers and confirmed by the Company.
6.5 We will use our best endeavors to ensure
the list price shown at the eShop is accurate and updated. However, if the
price is erroneous, we shall have no obligation to sell the products at the incorrect
price and have the right to cancel the transactions and make the corresponding refund
to you.
6.6 Whilst
we attempt to display the colors of our products accurately at the eShop, colors and appearance of the products may look different from the actual products due
to differences in settings and specifications of different display instruments or
the lighting and equipment used to take photos of the products. Therefore, the
images you see at the eShop shall be deemed as reference only. The actual products
shall prevail.
6.7 Measurements and specifications, including
weights, size, dimensions and materials, shown at the eShop are our best estimates
based on sampling methodology.
Therefore, variance does exist and a few differences between the actual
products and their descriptions shall reasonably and acceptably be anticipated.
6.8 In the event that your ordered merchandise
is being found unavailable due to discontinuity or out of stock after check-out,
you can either cancel your order and get corresponding refund or replace the
order with another merchandise of the same monetary value.
6.9 From time to time, we are organizing
promotional activities, we may offer you free gift(s) upon your action of
purchase meets specified criteria during that particular event period. The gift(s) are non-exchangeable for cash or other
products.
6.10 Risk
of the products, including but not limited to risk of loss and damage, shall be
transferred to you when the products are delivered to the delivery address you specified. Ownership of the products shall only be transferred
to you when all related fees including but not limited list price and delivery
cost are fully paid and received by the Company.
7. Disclaimer and Limitation of Liability
7.1 Given the
unpredictability of technology and the online environment, we do not warrant
(whether expressly or impliedly) that the function, operation or accessibility
of the eShop will be uninterrupted or error-free, that defects will be
corrected, or that the eShop or the server that makes it available will be free
of viruses, Trojan horses, worms or other harmful elements. It is your
responsibility to ensure that the right equipment is available to you in order
to properly access and use the eShop and screen out anything that may damage
your computer. We accept no liability whatsoever and howsoever arising from
and/or in connection with your use of or inability to access the eShop.
7.2 The eShop
and its contents are provided on an "as is" basis at your own risk
without any warranties of any kind. To the fullest extent permissible under
applicable laws and regulations, we disclaim any and all warranties of any
kind, whether express or implied, in relation to the eShop and the information
contained therein.
7.3 For the
sake of providing high quality services, we will use reasonable care and skill
to ensure that this eShop is safe, secure and free from bugs, viruses and other
defects. Except to the extent it results from our failure to do so, we accept
no liability for any loss or damage resulting from any denial of service
attack, virus or any other software or material which is malicious or
technologically harmful to your computer, equipment, data or material resulting
from the use of this eShop or from the downloading of the contents thereof or
of such contents to which this eShop redirects.
7.4 We strive to ensure that the accessibility
of the eShop. However, we cannot guarantee that your access to this website
will not be affected or blocked due to technical issues and the stability of Internet
connection. If all or part of the services we provide are suspended, terminated
or changed due to but not limited to any of the following circumstances, we
will use our best endeavors to mitigate the impact and do not assume any
responsibility for service suspension or termination due to these circumstances:
(1) Routine system upgrades, emergency
maintenance or system failures;
(2) Fire, power outage or inability to provide
services;
(3) Requirements, notices or orders by courts,
governments or regulatory authorities; or
(4) Any situation we deem necessary.
7.5 Force
Majeure. We shall not be liable for any failure, delay and default in the
performance of our Services to the extent such failure, delay or default is
caused by fire, flood, earthquakes, other elements of nature, acts of war,
terrorism, riots, civil disorders, rebellions or revolutions, disease,
epidemics, quarantines, pandemics, accident, a declared state of emergency, embargoes,
strikes, labour disputes, equipment failure (including but not limited to
Internet system failure), delays in visas, changes in laws and governmental
policies, or other conditions beyond its reasonable control following execution
of this Terms and Conditions.
7.6 Without
prejudice to this Clause [6] and subject to applicable laws and regulations, we
have full discretion in making the final commercial decision on the aggregate
liability and limit to you for all claims arising from your use of the eShop.
8. Indemnity
8.1 You irrevocably and unconditionally agree
to fully indemnify the Company, our officers, directors, executives, agents,
employees, contractors, affiliates, franchisees, licensors, licensees, other
representatives and suppliers from and against all claims, actions, demands,
liabilities, expenses, losses, damages, injuries and other costs whatsoever arising
from any claims made against us by any third party or in connection with your
use of the eShop, the Services and merchandise or breach of the Terms and
Conditions, even if we have been advised of the possibility of such damages
arising from or in connection with your breach of any of the third party’s
rights or your use or misuse of the Website.
9. Privacy Policy
9.1 We respect
your privacy and are committed to protect your personal information and data.
By accessing the Website, you consent with us to use your Personal Data (as
defined in the Personal Data (Privacy) Ordinance (Cap.486) of HKSAR) as may be
given by you to us from time to time in accordance with our Privacy Policy.
Please refer to the Privacy Policy section at the eShop for more details.
10. Formation of Contract
10.1 Completion
of the online check-out process does not constitute our acceptance of your intending
offer to purchase our products or services. Before our acceptance of your offer
to purchase, no formation of contract exists. Customers must follow the
purchase instructions to complete the ordering process and make the payment. We
will notify you by email as soon as possible to acknowledge that we have
received your order for processing. Our acceptance of your order will take
place only upon the receipt of your full payment and delivery of your ordered merchandise(s)
is made. Though we shall use our best endeavours to process all the orders,
there are still certain extra-ordinary situations that we may have to decline
the orders. In these circumstances, we have the sole discretion and right to
decline your order for any reason at any time, without any liability on our
part.
10.2 All
products sold and services rendered by this eShop are for personal use only.
Commercial use or reselling is strictly prohibited under the scope of Service. We
reserve right to withhold or terminate any suspicious orders without any
liability on our side. You are advised
to contact our Customer Service via cs@bigbuzshop.com
if you are interested in commercial cooperation with us.
11. Assignment
11.1 We may assign, transfer or sub-contract any
of our rights or obligations under the Terms and Conditions to any third party
at our discretion but such should not affect your statutory rights and
interests.
11.2 You
shall not assign or transfer any of your rights or obligations under the Terms
and Conditions without our prior written consent.
12. Severability
12.1 The
provisions contained in each clause of the Terms and Conditions shall be
enforceable independently of each of the others, and its validity shall not be
affected if any of the others is invalid. In the event that any provision of
the Terms and Conditions is determined to be illegal, invalid or unenforceable,
the validity and enforceability of the remaining provisions of the Terms and
Conditions shall not be affected and, in lieu of such illegal, invalid or
unenforceable provision, there shall be added as part of the Terms and
Conditions one or more provisions as similar in terms as may be legal, valid
and enforceable under the applicable laws.
13. Waiver
13.1 No relaxation or delay by the Company in
exercising any right or remedy under the Terms and Conditions shall operate as
waiver of our right or remedy or shall affect our ability to subsequently
exercise such right or remedy. Any waiver must be issued by the Company in
writing.
14. Governing Law and Dispute Resolution
14.1 The Terms
and Conditions shall be governed by and construed in accordance with the laws
of the Hong Kong Special Administrative Region of the People's Republic of
China ("HKSAR"). You irrevocably agree that any contract, claim and
dispute arising out of and in connection with the Terms and Conditions or the
breach, termination or invalidity thereof will be governed by laws in force in HKSAR
and the HKSAR courts shall have exclusive jurisdiction respectively.
15. Enquiries
15.1 If you
have any enquiries relating to the eShop, please email us at
cs@bigbuzzshop.com. Whilst we will use our best endeavors to respond to each and every enquiry
that you make as instantly as practicable, we shall not be responsible and/or
liable for any delayed response or omission to respond.