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Terms & Conditions
1.
Definitions and General
In these terms and conditions (hereinafter collectively referred to as ‘Conditions’):
1.1
‘Contract’ means any contracts made between eptoy and you for the sale and purchase of item(s) from its Website or through distance selling.
1.2
‘Order’ means any order for Products made by you to the Company including those made through the Website.
1.3
‘Parties’ mean eptoy and you.
1.4
‘Item(s)’ mean any product, article and/or item which eptoy sells on its Website.
1.5
‘Website’ means www.eptoy.com or variations to the name of the aforesaid domain name.
1.6
In these Conditions headings will not affect the construction of these Conditions.
1.7
You agree that e-mail can be used as a means of communication.
2.
Terms of Acceptance
2.1
A Contract is formed between you and eptoy when (and not before) eptoy notifies you by e-mail and/or electronically that your Order has been accepted. Your Order will not be accepted until eptoy receives confirmation of your paypal payment or such other payment confirmation. eptoy reserves the right not to accept any Order.
2.2
Subject to any relevant laws and regulation, you agree that these Conditions shall be the exclusive basis on which any Contracts made between eptoy and you are transacted and processed unless otherwise agreed in writing by an authorized representative of eptoy.
2.3
While eptoy tries to ensure that all prices on the Website are accurate, errors may occur. If an error is discovered in the price of the Item(s) that you have ordered, eptoy will contact you to let you know the correct price and ask you whether you still wish eptoy to fulfill your Order at correct price. eptoy shall be under no obligation to fulfill your Order for a Product, which was advertised at an incorrect price. eptoy shall give you the option of confirming the Order at the correct price or if you so choose, to cancel the Order altogether. Where you cancel your Order for which you have already paid for, eptoy will refund the full amount to you.
2.4
eptoy will do its best to correct errors and omissions as quickly as practicable after being notified of them.
3.
Registered User
3.1
You will need to register as a registered user (‘Registered User’) of eptoy in order to complete any purchase you make through the Website.
3.2
Upon duly completing the relevant registration process, you will be registered as a Registered User (which is free of charge) and be issued with a username and password. Details of such username and password will be emailed to your nominated email address.
3.3
You are solely responsible for the security of your username and password and must not disclose your username and password to anyone. You must inform eptoy immediately if your username and password have been compromised. In such a case, eptoy will reset your username and password for you. In this regard, please contact eptoy at eptoy@eptoy.com
4.
Placing an Order
4.1
Upon receipt your order, eptoy will verify the availability of the Item(s) and the your payment details. eptoy has not accepted the your offer and is not obliged to supply the Item(s) until eptoy has shipped the Item(s) and sent an order confirmation to you by email.
4.2
eptoy reserves the right in its absolute discretion to reject any orders.
5.
Price and Payment
5.1
Subject to paragraph 2.4, the price of the ordered Item(s) shall be as set out on the Website, and includes shipping and handling charges.
5.2
Where Orders are made through the Website, eptoy only accepts payment through Paypal.
5.3
If you are living in Hong Kong, please contact eptoy at eptoy@eptoy.com for further purchase arrangement.
6.
Delivery
6.1
After an Order is accepted, the ordered Item(s) will be delivered to the mailing address entered by you. Item(s) will normally be posted within next 1 working day after payment confirmation.
6.2
All shipments are carried out through the Hongkong Post to your local post office. Though eptoy ships out all Airmail parcels registered, there are online tracking facilities available through the websites of Hongkong Post at www.hongkongpost.com or post office websites of some countries.
6.3
Any dates quoted by eptoy for the delivery of Item(s) are estimates only and shall not form part of the contract. eptoy aims to deliver promptly, however delays are occasionally inevitable due to unforeseen factors. eptoy shall be under no liability for any delay or failure to deliver the Item(s) within the estimated delivery time.
6.4
Risk of loss and damage of Item(s) passes to the you on the date when the Item(s) is posted by eptoy to Hongkong Post. eptoy do not guarantee against shelf wear or minor damage to packaging during shipping.
6.5
eptoy will not be responsible for any tariffs, customs restrictions, customs clearance, or other regulations that apply in countries outside Hong Kong. It is your responsibility to pay the charges levied by the authorities and observe the respective regulations of the country in which you receive the Item(s).
6.6
All shipments will be needed your signature upon delivery. If an order shipment is undeliverable, eptoy will inform you the undeliverable Item(s) by email after eptoy receives it, you will be responsible the cost to ship the Item(s) back to you. Item(s) will be treated as stock available for sale to other customers if you do not response the email regarding the returned Item(s) 30 days after the date of email issues, eptoy shall have no obligation to reserve or re-deliver the returned Item(s) to you.
7.
Return and Refund
7.1
No Item(s) shall be returned to eptoy unless it is in question of defective.
7.2
For any replacement or refund for defective Item(s), must be notified to eptoy by email at eptoy@eptoy.com immediately or no later than 3 days after delivery. You may return the Products at your own expense which will include any custom duties or taxes.
7.3
Upon satisfactory return of the Item(s) to the eptoy, eptoy shall replace the Item(s) free of charge. If replacement Item(s) is not available, a refund of Item(s) price only will be made to you.
8.
Intellectual Property
8.1
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content belongs to eptoy or its licensors.
8.2
You acknowledges that any other use of the material and content of this Website is strictly prohibited and they agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
9.
Limitation of Liability
9.1
All Item(s) provided in connection with this Website are on an “as is” and “as available” basis. Except as otherwise expressly agreed, eptoy makes no representations, warranties, covenants or guarantees of any kind, express or implied, as to the quality, suitability, accuracy or completeness of any information, content, service, or merchandise provided through this Website. You expressly agrees that the use of this Website is at your sole risk.
9.2
eptoy does not exclude liability in the case of death or personal injury caused by eptoy’s negligence or for fraud.
9.3
eptoy shall not be liable for any fault or defect in respect of the Item(s) if:
9.3.1 such fault or defect arose as a result of the Item(s) being improperly assembled, used and/or not used in accordance with the manufacturer’s manual (if any); or
9.3.2
such fault or defect was the result of unauthorized modification of the Item(s) without the written consent of eptoy.
9.4
Subject to this Clause, to the fullest extent permitted by law, eptoy’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Conditions shall be limited to:
9.4.1
in respect of matters for which eptoy does not carry insurance, the price of the Item(s); and
9.4.2
in respect of matters for which eptoy carries insurance, the insured value.
9.5
Subject to this Clause, eptoy’s maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to eptoy in respect of the Item(s) in question.
9.6
Subject to this Clause, to the fullest extent permitted by law, eptoy shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of enjoyment, emotional anguish, suffering or satisfaction or otherwise or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with these Conditions or Contracts.
9.7
The provisions of this paragraph 9 shall survive the termination of these Conditions and/or Contracts.
9.8
The exclusions and limitations of liability set out in this paragraph 9 shall be considered severally. The invalidity or unenforceability of any one of these sub-paragraphs shall not affect the validity or enforceability of any other part of this paragraph 9.
10.
Heading
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
11.
Amendments to this Condition
eptoy reserves the right to update, revise or amend these terms and conditions, the price of the Item(s) and any other information listed on the Website at any time. Any such amendments will take effect when posted on the Website and it is your responsibility to read the terms and conditions and confirm the price of the Item(s) on each occasion when you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.
12. Law and Jurisdiction
These terms and conditions shall be governed by and construed under the laws of Hong Kong. The parties submit to the exclusive jurisdiction of the courts of Hong Kong, being the place where your order/offer has been received/accepted.