/ Terms of Use

Terms of Use

Last Updated: February, 2013

 

1. Acceptance of the Terms of Use

Welcome! These Terms of Use (the “Terms of Use”) apply to your use of hokkfabrica.com (“HOKK fabrica,” the “Site,” “We,” “Us,” or “Our”). By using the Site, you accept and agree to be bound by and abide these Terms of Use, as well as our Privacy Policy available at http://www.hokkfabrica.com. If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Site.

 

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. These Terms of Use have been revised and updated on the date indicated above. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of any revised Terms of Use constitutes your acceptance of the changes.

 

3. General

  1. Site contents, features and functionality (including but not limited to all product listings, registered and unregistered trademarks, blog posts, information, displays, images and the design, selection and arrangement thereof, - collectively the “Intellectual Property”) are the exclusive properties of HOKK fabrica and its content suppliers. The Intellectual Property is protected by international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. You shall not copy, reproduce or replicate any Intellectual Property so as to cause confusion to the public as to the identity of HOKK fabrica or adversely affect the brand image, reputation, sales and business of HOKK fabrica.
  2. This Site may currently only be used as a shopping resource or to conduct on-line communications. You may not distribute or commercially exploit the Site or any part of its content (whether by reproduction, retransmission, dissemination, sale, broadcast, circulation, republication, amendment, re-delivery using "framing" or similar technology or otherwise). Any use of the on-line communication features of this Site may only be used for lawful purposes and you may not post or transmit any material which is objectionable (whether harmful, threatening or otherwise); HOKK fabrica reserves the right (but without the obligation or liability) to prohibit or remove any such material.

 

4. Accessing the Site and Account Security

  1. By using this Site, you represent and warrant that you are of legal age (18 or above)  to form a binding contract.
  2. To access the Site or the resources it offers, you may be asked to provide certain personal details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete.
  3. You are responsible for making all arrangements necessary for you to have access to the Site.
  4. You are responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use, and that they comply with them.
  5. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  6. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time for any reason or no reason without notice or explanation.
  7. We reserve the right to withdraw or amend this Site, and any product listing, service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

 

5. Your Use of the Site

  1. Any personal information you submit to the Site is governed by the Privacy Policy available at http://www.hokkfabrica.com
  2. You agree not to use the Site for any illegal purpose. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our site, except to:
    1. Print a reasonable number of pages of the Site for a permitted use.
    2. Store copies of such materials temporarily in RAM.
    3. Store files that are automatically cached by your Web browser for display enhancement purposes.

 

You must not:

  1. Transmit, or procure the sending of, any advertising or promotional material, unsolicited mass communication without our prior written consent.
  2. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
  3. Use any device, software or routine that interferes with the proper working of the Site.
  4. Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  5. Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  6. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  7. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  8. Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site.
  9. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  10. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  11. Otherwise attempt to interfere with the proper working of the Site.

 

6. Monitoring, Termination

  1. With respect to any user, we have the right to take any action that we deem necessary or appropriate if we believe that such user violates the Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public. We may:
    1. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
    3. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
    4. Block violator’s IP address and/or notify his or her Internet Service Provider
  2. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.

 

7. Terms of Sale

  1. No Resale. All products sold are for customers' use only and shall not be commercially resold. We may refuse any purchasing order which we suspect is for commercial resale.
  2. Order. Upon placing an order (the “Order”) on our Site, HOKK fabrica shall send you an email confirming the Order (the “Confirmation Email”) shortly thereafter; however, the Order is subject to the availability and any price adjustment of the products you ordered (the “Products”) and the Confirmation Email shall not be treated as an acceptance of the Order. HOKK fabrica shall be entitled to withdraw or refuse to honor any sale of any products even if the Order has already been placed. Therefore, a sales contract between HOKK fabrica and you shall only be deemed executed when, and if, the Products have been dispatched from our warehouse.
  3. Product Description, Pricing and Availability. Upon adding any products to the shopping cart, HOKK fabrica shall reserve such products for you for one (1) hour only. HOKK fabrica shall be entitled to change or remove or add any contents, information, product description or pricing of the products contained on the Site (Collectively the “Contents”) without a prior notice. In the event that the pricing information of any products listed on the Website is found to be erroneous, HOKK fabrica may give you an option to either pay the revised price or refuse to purchase such product. HOKK fabrica shall not be responsible for any inaccurate, out-of-date, incomplete or erroneous contents unless fraud is proven on the part of HOKK fabrica by a court of competent jurisdiction. Notwithstanding the foregoing, some products may be returned in accordance with our Returns and Refunds policy.
  4. Payment. By purchasing from our Site, you represent and warrant that you are the owner or authorized user of the credit card, debit card or any other payment method utilized for the Order. Upon receiving the Order, we shall carry out a standard pre-authorization check of your payment method. We shall not charge you until the Products have been dispatched to you from our warehouse. All transactions shall be made in Hong Kong Dollars (“HKD”) or in its equivalent value. Any prices listed on the Site in currencies other than HKD shall only be for reference and are subject to the foreign exchange rate at the time of the purchase is made. HOKK fabrica shall not be responsible for any additional charges imposed by your bank or any other payment service providers.

 

8. E-Gift Card (“EGC”)

  1. The EGC is denominated in Hong Kong Dollars and can be redeemed against all products on hokkfabrica.com. The EGC will be e-mailed to the recipient once the full order has been processed and payment has been taken. We are not liable for delivery of the EGC to an incorrect or non-existent email address. Any remaining EGC value upon reaching the expiry date will be forfeited. You may contact our Customer Care with any questions regarding the EGC, its expiration date or other information. The EGC is non transferable and may not be returned or redeemed for cash. Orders placed with the EGC are subject to these Terms of Use and our Privacy Policy.
  2. If your order total is less than the value of the EGC, the remaining balance can be redeemed against subsequent orders. If your order exceeds the value of the EGC, the total exceeding balance must be paid by any other payment method accepted by HOKK fabrica. You may check your EGC balance online via E-Gift Card page. Note that Sales tax and shipping is applicable on any products purchased with the EGC. Any eventual import fees on the shipped merchandise is not included. Import fee payment is the sole responsibility of the Order recipient.
  3. Orders placed with EGC(s) can be returned. HOKK fabrica will refund the amount of the return through emailing to you a new e-Gift Card, credited with the refund amount. Please refer to our Return and Refund Policy for further instruction.
  4. HOKK fabrica is not responsible for lost, stolen, destroyed or used without permission ESG(s). HOKK fabrica reserves the right to refuse orders placed with EGC(s) that may be invalid, fraudulent or the result of code duplication.

 

9. Title, Risk of Loss and Import

All title to products and the risk of loss will be passed to customer when order is dispatched by HOKK fabrica. We will deliver the products according to customer’s instructions. For many international shipments you may be required to pay customs and duties, obtain certain license or apply for registration of your purchased products in your own country to receive delivery of your package. The customs charge and/or import regulation is determined completely by the government of your country, and as such we have no control over those costs or regulations. Therefore, we will not pay, nor be held responsible, for such costs or arrange for application of import license. By continuing with you order you agree to be responsible for any customs or duties incurred as a result of your country's customs and duties regulations as well as obtaining any import registrations or license required for the products you are purchasing. If the package is rejected by the customs of your home country or otherwise and returned to us, you will be responsible for the return shipping charges.

 

10. Disclaimer

  1. TO THE FULLEST EXTENT PERMITTED BY THE LAW OF APPLICABLE JURISDICTION, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
  2. THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS. AS A NEUTRAL VENUE FOR THE SALE OF PRODUCTS, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFIT OR INTANGIBLE LOSS RELATED TO YOUR USE OF THE SITE OR USE OF ANY OF THE PRODUCTS PURCHASED AT ITS SITE). PLEASE READ ALL INFORMATION, WARRANTIES OR WARNINGS PROVIDED BY THE MANUFACTURER OWNER OR SELLER OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON OUR SITE. HOKK FABRICA SHALL NOT BE LIABLE FOR THE ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR QUALITY OF SUCH PRODUCTS OR RELIABILITY OF ANY INFORMATION PROVIDED BY ANY MANUFACTURER OWNER OR SELLER OF SUCH PRODUCTS AND IT IS YOUR RESPONSIBILITY TO EVALUATE SUCH INFORMATION.
  3. Although we use reasonable efforts to have the colors of the images of the merchandize displayed as accurately as possible on the Site, we do not warrant that the color will be accurately displayed by your monitor.

 

11. Indemnity and Limitation of Liability

You agree to indemnify, defend and hold harmless HOKK fabrica from and against all losses, expenses, damages and costs (including reasonable legal fees) arising from any breach of these Terms of Use or any other activity by you in connection with your use of the Site, or products or services offered through it. You further agree that we shall not have any liability whatsoever for your use of the Site, and you agree to waive all claims that you may have against HOKK fabrica for any loss or damages you may sustain in connection with your use of the Site. In the event that this disclaimer is unenforceable, the total liability of HOKK fabrica, if any, for losses or damages shall not exceed the fees you paid for the particular service or product upon which liability is based.

 

12. Links to Other Sites

Occasionally, our Site may make available a link to a third party's website. These links will let you leave our Site. The linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. HOKK fabrica is not responsible for webcasting or any other form of transmission received from any linked website. HOKKfabrica.com provides the links only as a convenience, we do not endorse any linked website or its contents, use such websites at your own risk.

 

13. Assignment

You may not assign any of your rights or obligations under these Terms of Use without our prior written consent.

 

14. Severability and Non-Waiver

 

  1. Should any part of these Terms of Use be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
  2. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.

 

15. Applicable Law and Jurisdiction

These Terms of Use and/or your use of the Site shall be governed by and construed in accordance with laws of the Hong Kong Special Administrative Region (“Hong Kong SAR”) of the People's Republic of China. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong SAR.

 

16. Prevailing Language

In case of any conflict, discrepancy, inconsistency or ambiguity between the English text version of these Terms of Use and any translation thereof, the English version shall prevail.

 

17. Further Information

If you have questions about these Terms of Use, please contact our customer service representatives via e-mail: [email protected], by mail Unit 2604, 26/F,AIA Tower, 183 Electric Road, North Point, Hong Kong, or by phone +852 2510 8165 (Monday thru Friday, 9am – 6pm HKT).