Terms of service
General Terms and Conditions
We are Pachamama Hong Kong (collectively referred to as "we", "the company" or "PachamamaHK") and we own and operate the site www.pachamamahongkong.com (collectively referred to as "our site" or "pachamamahk"). Our site offers a convenient way to shop online over the Internet, including by using our applications and also provides one-stop home delivery services (referred to as "services").
Please read the following terms and conditions carefully before using our site. By using our site or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
Registration
- You are required to register with us when you use the services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.
- Where you are required to register, you must:
- provide us with accurate, complete and updated registration information;
- safeguard your user name and password; and
- authorize us to assume that any person using our site with your user name and password is either you or is authorized to act for you.
- You must inform us immediately of any changes to the information that you provided so that we can communicate with you effectively.
- In the event that we have reasonable suspicion that any information and material supplied by you to us for registration is untrue, inaccurate, outdated or incomplete and etc., we have absolute discretion to cancel any order made by you and/or terminate/cancel your registration with us and in such circumstances, you hereby agree not to raise any claim against us for whatsoever compensation and reliefs.
Order
- When you place an order, the prices charged are those applicable on the day you order.
- All products on Pachamamahk. are listed in Hong Kong Dollars.
- System will generate an email to the email address registered by customer to confirm that we have received your order. Such confirmation does not constitute a promise of delivery of order items.
- We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
- no sufficient stock;
- no delivery can be arranged for your area;
- one or more of the products you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.
- You can cancel the order 24 hours before delivery window starts. The cancellation is valid upon our confirmation of your request.
- Listed items are for retail purpose and not for online wholesale.
- The pictures and information on our website are for reference only. Colors between the product photo and the actual product may vary due to shooting lights and the display of devices. The product is subject to the actual product.
Payment
- The company accepts Visa / MasterCard / Paypal. Orders will be charged in Hong Kong dollars.
- We use third party payment services to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transactions, and in no event shall any such losses in whole or in part be borne by us.
- We do not collect or keep your credit card information. If you choose to save your credit card information for express checkout, you agree and accept that the information will be encrypted and stored by the third party payment service providers.
- The company reserves the right to change the payment terms for any order without prior notice.
- Products and prices displayed on our site are for reference only and are subject to alteration or modification at the time of actual transaction.
Title
All risks in the product(s) shall pass to you upon delivery but we shall retain title in the products until full payment has been received.
Disclaimer
- The company and its employees, contractors and any third party provider make no representation or warranty in relation to:
- the completeness, quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, or the information stored on or receivable through this server.
- any goods or services accessed, offered or obtained through our site or pursuant to the Information;
- the access to our website or the Information will be uninterrupted or does not contain any viruses, or contaminating or destructive properties.
- You shall not rely on the Information. Pachamama Hong Kong shall not be liable for any damages, loss, costs or expenses arises, directly or indirectly, from your reliance or use (whether authorized or not) of the Information or this website.
Warranties
- You undertake that you will not use our site to:
- Upload, post, email, offer or otherwise transmit any contents in respect of which you have no right (either proprietary, contractual, or fiduciary) to transmit or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or otherwise objectionable;
- impersonate any person or entity by way of transmitting any forged or manipulated contents through the use of any services.
- Upload, post, email, offer or otherwise transmit any contents that infringe any proprietary rights or intellectual property rights including, without limitation, patent, trademark, trade secret, copyright of any party;
- Upload, post, email, offer or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except such advertisements or promotional materials expressly authorized by us in writing;
- Upload, post, email or otherwise transmit any contents that contain software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of our site and/or computer software or hardware or telecommunications equipment constituting them;
- Interfere with or disrupt the services or servers or networks through which the services are provided, or disobey any requirements, procedures, policies or regulations of such networks;
- Collect or store personally identifiable information about other users.
- You acknowledge that our site does not have any obligation to pre-screen contents, but our site has the right (but not the obligation) in its sole discretion to refuse or remove any contents that are available via the services. Without limiting the said right, our site has the right to remove any contents that, in its opinion, violate the terms and conditions or are otherwise, in its opinion, objectionable.
User Generated Content
- When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our site (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this paragraph include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
- You represent, warrant and covenant that: -
- You have the legal right and authority to grant the licence under the above paragraph 1 above;
- You are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence under the above paragraph 1;
- By exercising the licence under the above paragraph 1, we shall not infringe the intellectual property rights or other rights of any third party;
- To the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence under above paragraph 1;
- The User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our site;
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and at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
Linked Websites
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
General
- We may revise these terms and conditions at any time without prior notice. If any dispute arises, the company’s determination shall be final.
- Where these terms and conditions are available in Chinese, the Chinese version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
- We take privacy issues seriously. Our privacy policy covers our use of any information you provide. In using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
- We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
- You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
- These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
- These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts. If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
- You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of our site or the content or your breach of this agreement.
- Whenever necessary, $0.5 per each plastic shopping bag will be charged in accordance to the Hong Kong regulation.
Terms and Conditions for Promotions
The promotional code or coupon, which we provide, is only applicable to one-time shopping through our website and they are also subject to the terms and conditions stipulated therefor.
Not Healthcare Advice
The products and claims made about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
Our Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional.
Our Site does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on the Site.
Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.
You should not use the information or services on the Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on the Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent our positions or views. We are not liable for any information provided on the Site with regard to recommendations regarding supplements for any health purposes.
Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use.