Conditions of Use

Welcome to HABA.com.hk. To ensure a safe, enjoyable environment for all of our users, we have established our Terms of Use. They spell out what you can expect from us and what we expect from you. Please note that by accessing any area of HABA.com.hk, you agree to be bound and to abide by these Terms of Use. We also strongly advise you to see our full privacy policy statement.

Order Terms

Our order terms are contained under the sections headed Ordering and Shipping and Delivery. All orders are subject to these order terms in addition to these Terms of Use.

Our trademarks, service marks and copyright

HABA.com.hk graphics, logos, service marks and trademarks and its affiliates and subsidiaries may not be used without the prior written consent of HABA.com.hk or its affiliates or subsidiaries. All other trademarks, product names, company names and logos appearing on HABA.com.hk are the property of their respective owners. All content on our site, including design, text, graphics, logos, button icons, images, software and audio clips; any improvements or modifications to such content; any derivative works thereof; the collection, arrangement and assembly of all content appearing on HABA.com.hk, are the exclusive property of HABA.com.hk and are protected by Hong Kong and international copyright and other applicable intellectual property laws. All software used on our site is the property of HABA.com.hk or its software suppliers and is protected by Hong Kong and international copyright and other applicable intellectual property laws.

Use of Site

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); HABA.com.hk reserves the right (but without the obligation or liability) to prohibit or remove any such material.

Resale Purpose is Not Permitted

All products sold are for customers´ use only and shall not be commercially resold. HABA.com.hk may refuse any purchasing order which it suspects is for commercial resale.

Disclaimer

The site and its content are provided on an "as is" basis without warranties of any kind, whether express or implied (except only as may be implied by applicable law). HABA.com.hk is only providing a venue for the sale of products on its site and shall 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 HABA.com.hk. HABA.com.hk 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.

Although HABA.com.hk uses reasonable efforts to have the colors of the images of its merchandize displayed as accurately as possible on the site, we do not warrant that the color will be accurately displayed by your monitor.

Termination

HABA.com.hk may terminate or suspend your access to all or part of the site, without notice, for any conduct that HABA.com.hk, in its sole discretion, believes is in violation of any applicable law or is harmful to HABA.com.hk or a third party. Title to Products, Import & Export of Products Title of our products passes to customers upon delivery. All risks of loss of or damage to our products while in customers´ possession shall be borne by customers absolutely. We deliver customer´s order of our products to customers or to the order of customers under customers´ instructions. If we are asked to deliver customers´ order to any country or city outside Hong Kong, customers may be required to pay customs duties, taxes and other levies, or to obtain certain license, permit and clearance or apply for registration of customers´ purchased products according to the applicable local rules, regulations and other requirements at the delivery destination or stopover or transfer point.

Such customers´ obligations to pay customs duties, taxes and other levies, and other fees or charges, to obtain license, permit and clearance, and to comply with the applicable local registration requirements, rules, regulations and other requirements shall be imposed by and determined according to the relevant local government, enforcement and/or regulatory authorities at the delivery destination, stopover or transfer point which are completely beyond our control. We shall not assume the aforesaid customers´ obligations nor shall we accept any liability or responsibility in any circumstances for any customers failing to observe or abide by any such customers´ obligations or any applicable local laws, rules, regulations and other requirements at the delivery destination, stopover or transfer point.

If any customers´ order of our products is seized by any relevant local government, enforcement and/or regulatory authorities at the delivery destination, stopover or transfer point, it is at all times the customers´ obligation at their own cost and expense and in their sole discretion whether to discharge their customs clearance and seizure clearance with or to answer the relevant requisitions raised by the relevant local government, enforcement and/or regulatory authorities. In any event, such customers shall be solely responsible for all losses, liabilities and consequences whatsoever howsoever arising from or in relation to our delivery of the customers´ order of our products under the customers´ instructions.

By placing and completing the customers´ order(s) form with us, the customers acknowledge receipt of and irrevocably agree to be bound by the terms and conditions set out in our website and therein, and to be responsible to pay customs duties, taxes and other levies, or to obtain certain license, permit and clearance or apply for registration of customers´ purchased products according to the applicable local rules, regulations and other requirements at the delivery destination or stopover or transfer point. If any product package is under any circumstances rejected and returned to us, title to such returned products shall be automatically reverted or is otherwise deemed to have been assigned or transferred to us, in which event, you shall still be liable to pay for the return shipping charges and an administrative and handling fee at the rate of [10%] on such returned product purchase price.

No Warranties

Whilst every care has been taken in preparing the information and materials contained in this website, such information and materials are provided “as is” without warranty of any kind and nature, express or implied. In particular, no warranty regarding title, implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of intellectual property rights or third party rights, security, accuracy or freedom from computer virus is given in connection with such information and materials. In addition, we make no warranty that the information and materials contained in this website will meet your requirements or your access to this website will be uninterrupted, timely, secure or error free. We make no warranty regarding any goods and services purchased or obtained directly or indirectly thought this website.

In an attempt to be helpful and as a matter of convenience, this website is only providing you with a venue or platform for the sale and purchase of the products at this website and we accept no liability for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profit or intangible loss) whatsoever howsoever arising from or relating to your use of this website, or any information and materials contained in this website, or use of any of the products purchased from this website. Please carefully read all information, prescriptions, warranties and warnings as appropriate provided by the manufacturer owner or seller of the products on or in the product packaging and labels before using any product purchased from this website. If you are in doubt, you should consult registered medical practitioners and other professional consultants. We accept no liability for the accuracy, completeness, reliability, fitness for a particular purpose or quality of such products or reliability of any such information and materials provided by any manufacturer owner or seller of such products. Whilst every care has been taken in getting the colours and images of the products being displayed in this website as accurately as possible, we do not warrant nor can we accept any liability where the colours and images of the products being displayed by your computer screen or monitor tally with or are corresponding to the real items. It is absolutely your responsibility and obligation to evaluate such information and materials and make your own judgment independent of us.

Indemnity and Limitation of Liability

You shall at all times indemnify, defend and hold us effectively indemnified from and against all claims, actions, proceedings, actual or anticipated losses, damages, costs and expenses (including reasonable legal fees) whether direct, indirect or consequential, whatsoever howsoever arising from or in relation to any breach by you of these Terms of Use or any of your acts in connection with your use of this website. You hereby expressly agree to waive any and all claims that you may have against us for any loss or damages you may suffer in relation to your use of this website. In the event that any of our disclaimers set out herein is not enforceable, our liability in aggregate for losses or damages whatsoever to you shall not exceed the amount that you paid to us for such particular service or product upon which liability is based.

Notice

HABA.com.hk may deliver notices to you by means of electronic mail, a general notice on HABA.com.hk or by post. You may give notice to HABA.com.hk at any time by means of electronic mail to HABA.com.hk or by post to the following address: 21/F Island Beverley, 1 Great George Causeway Bay, Hong Kong.

Modification of Terms

These Terms of Use (including the order terms contained in the Help page) may be modified from time to time. You should therefore read these Terms of Use and the order terms before you place any order.

Governing Law

These Terms of Use (including the order terms contained in the Help page) shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region. You irrevocably agree that the courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction in relation to any claim or dispute concerning or arising from these Terms of Use and the order terms.

These Terms of Use were last updated on 5 May 2011
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