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INFINITUS (HONG KONG) COMPANY LIMITED


Terms of Sales (For Infinitus Retail Customers)

The Terms of Sales (the “Terms”) herein,along with the Infinitus Member Registration shall constitute the entire agreement between the Company (see the below definition) and you (see the below definition) regarding the sale and purchase of the Products (see the below definition) on the Company’s E-Commerce Platform (see the below definition).Please read the Terms carefully for the reason that your rights and obligations as well as the restrictions and clauses on limited liability applicable to your purchase of the Products on the E-Commerce Platform are specified hereunder.

The Terms apply to your purchase of any Products from the Company on the E-Commerce Platform and you hereby acknowledge and agree that the Products purchased from the E-Commerce Platform shall be for personal use only. The Company strictly prohibits resale of any Product purchased through the E-Commerce Platform. At the time you place an order to purchase a Product on the E-Commerce Platform, you are deemed to acknowledge and agree that you have read through and fully understand the Terms and that you agree and accept to be bound thereby.

The Company shall have the right to amend any part of the Terms at any time and to announce such amendments. The amended terms of sales shall replace the preceding one immediately after the announcement thereof is made. Therefore, the Terms may be amended or updated from time to time. The Company hereby advises you to read the then-current terms of sales from time to time and to carefully review the then-current terms of sales that are applicable to each of your purchase on the E-Commerce Platform. Your continuous use of the E-Commerce Platform under this Agreement(see the below definition) after the announcement of the amendments there to means that you have read through, fully understand and accept such amendments and that you will use the E-Commerce Platform under this Agreement in line with the amendments thereto. In the event of any dispute, the decision of the Company shall be final.

 

1. Definitions

“this Agreement” means the agreement regarding the purchase of a Product by a User from the Company on the E-Commerce Platform pursuant to these Terms (or to the then-current terms of sales, as the case may be). In the event that the User and the Company enter into another agreement on any specific product and/or service, the terms of such agreement shall be applicable to such specific product and/or service only. To the extent of any inconsistency between such agreement and this Agreement, the terms of such agreement shall prevail.

“Company” means Infinitus Hong Kong Limited.

“E-Commerce Platform” means the Company’s online social platform for E-Commerce (a.k.a. “InfiniShop”).

“Online Payment System” means Stripe or PayPal or any other online payment system as designated by the Company from time to time.

“Product(s)” means any product(s) and/or service(s) and/or side-product(s) and/or side-service(s) with the Company’s trademark or other trademark that is available for sale as displayed on the E-Commerce Platform such that the above-mentioned product(s) and/or service(s)listed in the order shall be deemed as a trad able good or service under the Terms or this Agreement.

“User” or “You” means an individual who uses the E-Commerce Platform to shop and/or to purchase the Product(s).

2. The Company and the User shall abide by this Agreement on the sale and purchase of any Product son the E-Commerce Platform.

 

3. Purchase of Product(s)

3.1 Unless otherwise specified by any binding legal provisions, the Products, prices and other information displayed on the E-Commerce Platform shall be merely deemed as an invitation to treat.

3.2 All purchases made on the E-Commerce Platform shall become effective only after the Company accepts and processes the corresponding purchase order placed by the User, processes payment for the same, and ships the Product. The Company shall have sole discretion to accept or reject any purchase order.

3.3 To avoid any doubt, the contractual relationship between the User and the Company shall be deemed to be actually established at the point the whole or part of the Products actually departs from the warehouse for the delivery to the address as specified by the User in the order after the Company has received the full payment and arranged the departure thereof in accordance with such order.

3.4 The Company only accepts purchase orders placed by the User who has attained their legal age in accordance with the applicable laws and regulations.

 

4. Product Price and Payment Methods

4.1 Product price and delivery cost (if any)shall be the price and cost as specified on the E-Commerce Platform at the time that Company receives the User’s order.

4.2 The User shall make payment in the course of submitting an order. In the course of making payment via the Online Payment System, the Company will save the payment page in the secure server, in which the Online Payment System operates. The Company will not directly process the User’s credit card and/or payment account details. The Online Payment System will operate the necessary payment verification process. Upon receipt of the User’s order, the Company will verify the User’s contact details and the availability of the Product(s).

4.3 Except for an obvious mistake, the Product price payable by the User shall be the corresponding price displayed on the E-Commerce Platform at the time the Company receives the order from the User.

4.4 If the Company discovers that the Product price in a purchase is incorrect, the Company shall notify the affected User as soon as it is practicable so as to allow such User to place a new order at the correct price or cancel the original order. In the event that the Company is unable to reach the affected User within fourteen (14) days, the order in question shall be deemed to be cancelled and, if the affected User has made the payment in the above event, the Company shall refund the payment to such User after deduction of the administrative fee.

4.5 If the pricing of a Product is affected by any mistake so that the correct Product price is not properly displayed, the Company shall have the right not to sell the Product in question to the User at the incorrect price notwithstanding that the User in question has already submitted the order.

4.6 The Company only accepts credit card(Visa/Master Card/etc.) payment. The Company is able to deduct payment from the User’s payment account only after the payment in question is approved by the competent institution. In the event that the payment is not approved, the User may make another payment or use another payment method.

4.7 Unless otherwise specified, delivery co stand taxes (if any) are not included in the Product price.

4.8 Product sold on the E-Commerce Platform may be priced at any currency as the Company deems appropriate.

4.9 In a transaction that payment is made by credit card, the User shall be solely responsible for the price difference caused by fluctuations of exchange rate and/or any other fees charged by the credit card issuing bank.

 

5. Delivery

5.1 The Company shall make the best endeavour to deliver the Product(s) purchased by the User to the delivery address as specified in the User’s order. The Company will charge delivery cost (inclusive of administrative fee, if any) to the User for each Product(s) order. The Company reserves the right to amend any service terms (including but not limited to designated areas and cost of delivery) at any time.

5.2 Under all circumstances (including but not limited to change of delivery methods), the delivery cost is not transferable, refundable or redeemable for cash, or any Product, after the User confirms the order.

5.3 Only one single delivery address is accepted in each order form.

5.4 To protect the User’s rights and maintain a complete delivery record, when the Product(s) is/are delivered, the courier will request the addressee or the addressee’s representative (if the addressee is a company) to present his or her government-issued identification (e.g.,driver’s license or identity card) or other personal or company’s identification documents acceptable by the Company (for the purposes of verifying the addressee’s name and identity), complete authorization letter and other related documents (the “Request”). If the Request is not accepted, the Company reserves the right not to provide delivery service or not to deliver such Product(s).

5.5 The Company shall arrange the delivery under normal circumstances within fourteen (14) working days (subject to Public Holidays or any other unforeseeable circumstances) upon completion of the order processing and payment. Notwithstanding the foregoing, the delivery date as specified by the Company shall be deemed as expected delivery date which is not final so that provision of delivery date shall not constitute part of this Agreement. Under all circumstances (including but not limited to the delay to delivery caused by the third party logistics company), the Company shall not be liable for any direct or indirect loss, increase in cost, loss of income or damage to goodwill, or any other special, occasional, direct or indirect, or consequential loss, caused by the delay to or failure of delivery.

5.6 The User shall be solely responsible for any import and/or customs clearance procedures for the Product and be solely liable for all the taxes and/or fees (if any) incurred as a result of purchasing the Product(s).

5.7 All the fees and costs incurred for returning the Product(s) to the Company by the logistics company due to unsuccessful delivery shall be payable by the User.

 

6. By the time of shipping, the Company shall take reasonable measures to ensure that the Product(s)is/are in good and tradable condition. Upon delivery, the User shall inspect the Product(s) immediately to confirm that the Product(s) is/are complete and without any damage. Should the Product(s) be found incomplete, the User shall notify the Company’s Customer Service Department within thirty (7) days upon original purchase of the Product(s). Should the Product(s) be found damaged,the User shall submit the completed Exchange Application together with the photos of such damaged Product(s) to the Company’s Customer Service Department within thirty (7) days upon original purchase of the Product(s). Otherwise, the Product(s) is/are deemed to be received and accepted by the User in line with the order in question placed under this Agreement.

 

7. The ownership and risk of loss of, as well as actual damage to, the Products shall be transferred to the User when the Products are delivered to the courier.

 

8. Exchange of the Product(s)

8.1 The User shall submit the Exchange Application together with the following information/documents to the Company’s Customer Service Department:

(a) The description of the defect of the Product;

(b) Item description, quantity, batch number and size;

(c) Monetary value of the Product exchanged;

(d) Name, address and telephone number of such User;

(e) Date of return; and

(f) Order number and invoice and receipt.

8.2 The Company may require further information and/or documentation in relation to the Exchange Application.

8.3 The Company’s employees will arrange for exchange only after the Exchange Application is received and verified that the defect is caused by the Company, the Company will exchange the Product to the User upon receipt of the returned Product within 60 days from the date of purchase stated in the invoice.

8.4 Shipping charges incurred by the User on the original purchase of the Product(s) will not be refunded, and such User shall bear all shipping charges necessary to return the Product for exchange to Infinitus and necessary for Infinitus’ exchange and shipping of the Product to such User.

8.5 The User shall pay the shortfall and related administrative fees for exchange of the Product(s) and be responsible for other transport cost. For details, please contact Customer Service Department at (852) 2661 1900 or email to ContactUs.HK@infinitus-int.com

8.6 The Company’s exchange policy does not apply to any returned Product:

(a) if it is opened and/or used;

(b) if its packaging and labeling has been altered and/or damaged.

Any merchandise that is clearly identified at the time of placing an order as non-returnable,discontinued, or as a seasonal item shall not be exchangeable.

8.7 The Company will not accept any partial return or exchange for individual Products. All returns or exchange must correspond to the quantity and items in the invoice and receipt. The Company will only accept return of Products sold on the Infinitus E-Commerce Platform.

8.8 The Company will not entertain Product exchange due to mishandling or improper storage.

8.9 Upon receipt of all the related documents and Product(s) subject to sole discretion of the Company, the User may choose another Product(s) at the same value as or at the higher value than that of the returned Product. For greater clarity, any right to return Product pursuant to the Infinitus Manual (for the E-Commerce Platform) and the terms and conditions in the Independent Infinitus Distributor Application is not extinguished by the Terms.

 

9. Under no circumstances shall any party owe any liability to the other party for any indirect, special or consequential damages due to the performance or non-performance of this Agreement, or provision, performance or use of any Product(s) sold (disregarding whether such damages are incurred due to breach of contract, breach of warranty or negligent).

 

10. Disclaimer of Warranties. Products purchased by the User pursuant to this Agreement are sold“as is” and “as available”, and the Company disclaims all other warranties,express or implied, including the warranties of merchant ability and fitness fora particular purpose. The User acknowledges and agrees that he or she has not been induced by any statements or representations of any person with respect to the quality or condition of any Products purchased hereunder and that no such statements or representations have been made.

 

11. Limitation of Liability. Under no circumstances, including negligence, shall the Company beliable to the User or any other person or entity for any direct, indirect,incidental, special or consequential damages, including personal injury(including death) or property damage of any nature whatsoever, arising out of or relating to this Agreement or the transactions it contemplates, even if the Company has been advised of the possibility of such damages. In no event shall the Company’s liability exceed the price the User paid to it for the specific Products provided by the Company giving rise to the claim or cause of action.

 

12. The Company shall not be liable for the delay to or failure of performing any obligations hereunder as a result of or caused by natural hazard, fire, flood, accident, riot, war, government intervention, embargo, strike, employment dispute, failure of equipment or any other event which is out of the Company’s control.


13. Failure of the Company to strictly enforce any clause hereunder shall not be deemed as waiver by the Company of any rights or remedies. If any clause herein is held unenforceable by the court of law in Hong Kong, the rest of this Agreement shall remain in full force and effect.

 

14. Applicable laws:The establishment, effect, performance, termination and dispute of, as well as construction on and amendment to, this Agreement shall be governed by the laws of Hong Kong without regard to principles of conflicts of laws. Should there be any dispute, the courts in Hong Kong shall have the jurisdiction thereon.

 

15. This Agreement is originally and will be(as the case may be) prepared in English. Any translation of this Agreement in any other language(s) is provided for the purpose of convenience only and is not intended to make any modification to the English version of this Agreement.Should there be any ambiguity, inconsistency or conflict between the English version of this Agreement and the translated version in any other language, the English version shall prevail.

 

(Updated on 2nd September 2020.)

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