[Article 1] Scope of the Terms of Service
Please read this Terms of Service carefully and understand and agree to all the terms before shopping at the website operated by C&M Co. Ltd (“the Company” hereafter).
The Terms of Service shall apply to all the items relative to use of our service by our customer (“the Member” hereafter), the definition of which is set forth in the next article.
The Company reserves the right to change the terms of service without prior notice, and the revised terms shall become effective and applicable upon such changes.
[Article 2] Definitions
- Service means sales of products listed on this website and all other related services.
- Member means a person who applies for the membership upon agreement to the Terms of Service and whose application is approved by us.
- Customers collectively mean our customers and Members who use our website, agreeing the Terms of Service.
[Article 3] Scope of the Service
- Users of the Service should abide by the Terms of Service. If a User is a minor, his or her statutory agent needs to approve his or her use of the Service.
- The Company shall fulfill our obligations to our customers by delivering products to the mailing address specified by a user or, in case the Company is obliged to send a notice, by sending an email to the email address registered by a user.
[Article 4] Sales Contracts
- It shall be deemed that a contract has been established between a Member and us when the Company acknowledges a purchase order made by the Member by means provided for by us.
- After making a purchase order, a Member can edit and/or cancel such an order during the cancellation period provided for by us. Please note that there are some products that the cancellation policy is not applicable after making an order if explicitly indicated so on the product pages.
- Members shall pay for the billing amount by the due date decided by us, in accordance with means provided for by us.
- Members are prohibited to transfer or collateralize the right generated from the Sales Contract with us.
- In case a Member fails to pay by the due date decided by us, the Company can cancel the Sales Contract by sending a cancellation notice to the email address provided by the Member.
- In case any of the followings is true, the Company can partially or totally cancel the Sales Contract by sending a cancellation notice to the email address provided by the Member even after agreeing to such a Contract:
i. The Member is a minor without his or her parents’ or guardian’s consent.
ii. The Member has violated in the past the Terms of Service and/or any other rules set forth by us.
iii. The Member entered falsely, wrongly and/or incompletely in the application form submitted to us.
iv. The Member has failed to pay in the past.
v. During a purchasing process, the Company asks the Member to change a mean of payment after receiving the result of the credit examination, and the Member cannot make such a change.
vi. The Member has done acts to disturb or cause disadvantages to us, other Members or other third parties.
vii. The Member has repeatedly returned or rejected to receive products without reasonable reasons.
viii. The Company cannot ensure the ordered product due to out of stock at supplier, postponing or cancellation of release of the product or any other reasons.
ix. The Company has decided that the Contract is inappropriate.
[Article 5] Cancel, Return, Refund of Products
- No cancellation & refund is accepted.
- Exchange of product (if damaged found when you received): You should contact our customer service by e-mail once you received the product and return the product to us within 3 days. *Goods must be unused, unopened and in the same condition as you received it.
- We will deliver the merchandise ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. You agree to present your photo identification upon request when you acknowledge receipt of the merchandise. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order in the event of your failure to accept delivery for whatever reasons.
- Unless otherwise specified, delivery charge at the rate of HK$60 will be imposed on each delivery. We currently offer free delivery for each order over HK$600.
[Article 6] Delivery of Products
- Products or any other goods (hereafter, “goods”) can be delivered only to addresses in the Hong Kong Special Administrative Region of the People’s Republic of China. Also, please note that there are some areas to which goods cannot be delivered.
- Customers cannot change their delivering addresses, unless they submit a request form, provided by us.
- Our goods are delivered to the Customers by a delivery company, with which the Company has executed a contract, on its own responsibility. All the things relative to delivery shall conform to the adhesive terms and conditions of the delivery company.
- Shipping shall be paid by Customers, unless the Company explicitly indicates that the Company pays for it on a separate page.
[Article 7] Transfer of Ownership
Once a product is in hands of the delivery company, the ownership of the product is transferred to the Customer.
[Article 8] Termination of Service and Deletion of Registered Information
In case any of the followings applies to a User, the Company can terminate to provide the Service or to delete the User’s registered information without a prior notice and/or consent from the User.Also, should the above act cause any damage to the User or a third party, the Company shall not take any responsibility for them.
- The User has violated the Terms of Service or any other rules set forth by us.
- The registered information has proved to be false.
- The User has abused his/her ID and Password or has get a third party to do so.
- It has come out that the User has been received treatment like the termination of the Service and/or the deletion of his/her registered information.
- The User has delayed or failed in payment for the Service, including the price for a product.
- The User has become out of reach through emails, telephones and any other means.
- Any petition of seizure, provisional seizure, provisional disposition, court enforcement, and/or bankruptcy has been filed against the Customer or the Customer has filed such a petition.
- When the Company has decided that the User is inappropriate.
[Article 9] Management of ID and Password
- The User takes full responsibility for management of his/her ID and Password.
- The User may not transfer, change of ownership or lend his/her ID and Password.
- The User must report and follow our instructions in case his/her ID and Password proved to be abused by a third party.
- The User takes full responsibility for damage caused from abuse of his/her ID and Password by a third party due to his/her negligence, and the Company shall accept no liability for them.
- This Article shall apply only in case the Company has created IDs for Users.
[Article 10] Ban
In relation to use of the Service, the following acts are banned.
Should the Company suffer loss due to any of the following acts (such damage include expenses of personnel who has dealt with the matter and any other cost equivalent amount), the Company may demand compensation for such damage from the Customer.
- Acts to violate the Terms of Service and any other notandum stipulated on the website.
- Acts to damage or to possibly contribute to damage rights, benefits and/or honors of ours or a third party.
- Acts to be offensive or possibly contribute to be offensive to public order and morals and/or to violate or possibly contribute to violate regulations.
- Acts to make a false report in relation to use of the Service.
- Acts to resell products and information the Company provides, to use them for profit or to prepare for such acts.
- Acts to use vicious programs or to prepare for such acts.
- Acts to illegally access to the Service’s server and other computers or to prepare for such acts.
- Acts to illegally use ID, Passwords and/or Personal Information.
- Acts to discriminate, threaten, slander, tarnish and/or defame us, our affiliates and other third parties, whether or not it be true.
- Acts to violate regulations and codes or to be offensive to public order and morals.
- Acts to commit a crime, to contribute to criminal behavior or to imply such acts.
- When the Company has decided that it is inappropriate.
[Article 11] Protection of Personal Information
- The Company uses a User’s personal information for the purpose of managing the Service, selling products and services, collecting money and sending advertisement. Provided, however, that information such as statistic data that do not identify a particular individual is not subject to this article.
- The Company abides by regulations regarding protection of personal information, and does our best to protect personal information provided by Users.
- The Company entrusts the personal information to a third party to enhance smooth operation.
[Article 12] Disclaimer
- The Company does not legally guarantee accuracy, completeness, usability, recency, appropriateness, assuredness, activeness and the content of the information provided through the Service. The Company shall assume no responsibility whatsoever for any damage to Customers and other third parties caused by the information.
- The Company shall assume no responsibility whatsoever for any damage, loss and disadvantage caused to Users, except for those stipulated in Article 3 Scope of the Service.
- The Company shall assume no responsibility whatsoever for any damage, loss and disadvantage caused to Users due to unavailability of the Service.
- The Company is not held responsible by operating clerical work in accordance with the information provided by Users.
- The User takes full responsibility for damage, loss and disadvantage caused from use of the Service, shall solve the matter on his/her own responsibility and expenses and shall not cause us any trouble.
- The Company shall compensate for damage and loss caused to a Customer who purchased a product from us, only due to the hidden defect of the product or due to reasons the Company shall take responsibility for, up to the amount equivalent to the price of the product.
- The Company does not guarantee for damage caused by vicious programs such as computer virus, in relation to use of the website.
- The Company assumes no responsibility for telecommunication costs generated in relation to use of the website by a User.
- This article stipulates all the responsibility the Company holds against our Customers. The Company shall not compensate for Customers’ lost earnings, indirect damage, special damage, attorney’s fees, and any other damage not stipulated in this article.
[Article 13] Halt and Cessation of the Service
- The Company may partially or fully halt or cease the Service without a prior notice and consent from Users if any of the followings applies:
i. When the Company is doing the maintenance, updates and inspections.
ii. When incidents like fire, blackout, natural disaster, war, riot, strikes and others occur.
iii. When troubles in the system that make it impossible to provide the Service occur.
iv. When services necessary to provide the Service are not provided by telecommunication service providers.
v. When there are operational or technical issues in relation to the above two clauses exist.
vi. When the Company has decided that such halt or cessation is necessary.
- Should such halt or cessation cause any damages to Customers, we shall not take any responsibility for them.
[Article 14] Revision and Termination of the Service
The Company reserves the right to partially or fully revise or terminate the Service at its discretion without a prior notice and consent from Users. Should such revision or termination cause any damages to Customers, we shall not take any responsibility for them.
[Article 15] Copyright
All the contents, including data, designs, data, images and texts on this website are the copyright of the Company or the legitimate creator. It is prohibited to use these contents beyond the scope of what is stipulated in rights of copyright, trademark and other intellectual property without obtaining consent from the right holder.
[Article 16] Dispute
Users agree that any dispute between the parties in relation to the purchase of goods or service through this website shall be settled by the non-exclusive jurisdiction of the Court of Hong Kong.
[Article 17] Governing Law
The governing law regarding the constitution and effective of the Terms of Service is the Laws of Hong Kong.
※In the event of any discrepancy between the English and Chinese versions of these terms and conditions, the English version shall prevail.
Constituted on March 1, 2017