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Terms and Conditions

1. Service

1.1 We are SAKEWA (referred to as "we," "our company," or SAKEWA), and we own and operate the website. Our website offers a convenient shopping experience over the internet (including through the use of applications or software).

1.2 By using the website, you signify your agreement to be bound by the following terms and conditions. Please read these terms and conditions carefully.

1.3 Definitions of terms used in these terms and conditions:

1.3.1 "We" refers to the entity (individual or company) providing the service.

1.3.2 "You" refers to individuals who receive services from us or make payments for goods we deliver.

1.3.3 "Content" includes all text, graphics, logos, icons, images, photographs, moving visual images, or sounds, whether selected, displayed, or used in connection with our website, as well as graphics, sound effects, computer programs, and other materials related to or used on our website.

1.3.4 "Goods" refers to items or services you order through our website and for which you will make payment.

1.3.5 "Intellectual Property Rights" refers to any and all patents, trademarks, domain name rights, design rights, copyrights, and database rights (whether registered and any applications for registration for any of the foregoing), rights in confidential information, and other intellectual property rights of a similar or corresponding nature, whether existing now or in the future, anywhere in the world.

1.3.6 "Service" has the meaning specified in Section 1.1.

1.3.7 "Supplier" refers to the sellers and suppliers of goods you order through our website.

1.3.8 "Website" refers to the SAKEWA website (sakewa.hk) and any related websites connected to it.

1.3.9 "User Content" has the meaning specified in Section 10.1.

2. Registration

2.1 You must register with us to use the service or place orders. By registering, you declare (and we rely on this declaration) that you are 18 years of age or older and have the legal capacity to form a binding contract.

2.2 You declare to us and all suppliers of goods provided through our website that you have the power to enter into a contract for any orders you place through our website.

2.3 By using our service, you agree:

2.3.1 To provide accurate, truthful, current, and complete information when filling out the registration form.

2.3.2 To maintain and promptly update your registration information to ensure it remains accurate, truthful, current, and complete. We may suspend or terminate your registration if we have reasonable grounds to suspect that any information is untrue, inaccurate, not current, or incomplete.

3. Ordering

3.1 We are responsible for managing the website, arranging the order process, and completing the delivery of goods you order through our website.

3.2 When you place an order, you are making an offer to us to purchase the specified goods at their specified price. Once you submit it, you cannot cancel the order even if we have not yet accepted or have declined your order.

3.3 We will confirm the receipt of your order via email. This confirmation email will provide details including your order information, the price charged, order tracking information, and expected delivery information. This communication will signify our acceptance of your order on behalf of the supplier. You can track your order status online.

3.4 Our acceptance of your order covers only the goods specified in the confirmation email, and it may not necessarily cover all the goods you have ordered. In such cases, your order for the remaining goods will be accepted when we further send you an acceptance confirmation.

3.5 The availability of goods is displayed online and is regularly updated. However, this should not be relied upon as a precise representation of the exact availability of goods you intend to purchase.

3.6 We reserve the right to refuse to accept or cancel orders for any reason, including but not limited to:

3.6.1 Insufficient stock of the goods you ordered.

3.6.2 Inability to arrange delivery to your location.

3.6.3 Errors in the pricing of one or more goods in your order due to human error, computer error, or incorrect pricing information provided by suppliers.

3.7 If we cancel your order, we will notify you via email and will refund any amount you have already paid within thirty (30) days from the date of your order. You accept that we are not liable for any dissatisfaction you may have.

4. Pricing and Payment

4.1 We will make all reasonable commercial efforts to display accurate and up-to-date prices on our website. We cannot list exact prices until we are prepared to accept your order.

4.2 If the price of goods is higher than the price you indicated when ordering, we will either:

4.2.1 Cancel your order, or

4.2.2 Contact you to inquire whether you are willing to pay the higher price or cancel your order.

4.3 If we cancel your order and you have already made any payment, we will refund you. You agree and accept that we are not obligated to compensate you for any dissatisfaction.

4.4 We accept payment via credit cards (through Paypal or Stripe), Payme, and FPS (Faster Payment System). When you place an order, you authorize us to make payment for the goods in the amount specified at the time of accepting your order, using the payment method you have specified. Ownership of the goods will not transfer to you until we have received payment.

4.5 We use third-party payment services to facilitate online transactions. When you place an order, you agree and accept that your credit card or payment information, as required, will be collected, processed, and retained by us and the payment service provider, subject to their terms and conditions. You agree and accept that you are solely responsible for any losses incurred during credit card transactions and that we are not liable for any losses in any circumstances.

5. Delivery

5.1 We will deliver to specific areas in Hong Kong on business days, except during public holidays or when Typhoon Signal No. 8 or a Black Rainstorm Warning is in effect. Please note that we do not currently deliver to outlying islands (except Lantau Island). We reserve the right to refuse delivery without providing any reasons. You agree and accept that if you provide a delivery address in a non-delivery area or for any other reason that results in an unsuccessful delivery, we have the right to cancel your order and provide a refund, and you accept that we are not obligated to compensate you for any dissatisfaction.

5.2 We will deliver the goods you have ordered to the delivery address you provided through our staff or third-party suppliers. Upon confirming the receipt of goods, you agree to present a photo ID. Once the goods are delivered to the delivery address you provided, they are considered delivered to and received by you. If you fail to receive the goods for any reason, you agree and accept that we have the right to charge you additional fees or cancel your order.

5.3 Unless otherwise specified, we will make all reasonable commercial efforts to deliver within three business days of accepting your order.

5.4 We may make one or multiple deliveries, and some goods may be delivered directly by suppliers. Any times or dates for dispatch of goods or for delivery are estimates only. If we fail to meet any stated dispatch or delivery date or time, we will notify you of the progress of your order. You agree and accept that we do not accept order cancellations or provide refunds under any circumstances.

5.5 Once the goods you purchased have been delivered to you, you will become the owner of the goods. Once the goods are delivered to you, you assume the risk of having the goods, and we are not responsible for any loss or damage to them.

6. Returns or Exchanges

6.1 Please review our website's return and exchange policy before placing an order.

6.2 If the goods you ordered are defective or damaged (not due to your fault), or if the goods are not what you ordered, or the quantity delivered is incorrect, you may return them within three (3) business days after the delivery date, provided that:

6.2.1 You comply with the return and exchange policy.

6.2.2 The goods have not been used and are in their original condition, along with all packaging materials provided with the goods, including manuals, certificates, labels, tags, consumables, bags, and boxes.

6.2.3 The packaging of the goods is in the same condition as when they were delivered to you.

6.3 You agree and accept that whether a return or exchange is accepted is at our sole discretion.

7. Disclaimer and Limitation of Liability

7.1 We do not represent or warrant that access to our website (including via mobile applications or software) or any part thereof will be uninterrupted, reliable, or free from faults.

7.2 We do not represent or warrant that our website or any of its content will be accurate, complete, or reliable.

7.3 We do not represent or warrant:

7.3.1 That any service (whether provided by us or not) will be provided with due care and skill, or

7.3.2 That any goods (whether provided by us or not) will be of merchantable quality or fit for any purpose (even if that purpose has been notified to us in advance).

7.4 You agree that no data transmission over the internet can be guaranteed as completely secure. Despite our efforts to protect such data, we do not guarantee and cannot ensure the security of any data transmitted to us. You transmit data to us at your own risk.

7.5 To the extent permitted by law, we exclude all liability to you for:

7.5.1 Any inaccuracy, error, or omission in our website (including via mobile applications or software) or any information or related technology, or

7.5.2 Failing to provide our website (or any part thereof), goods, or services, or

7.5.3 Any delay in providing or failure to provide or make available goods or services, or

7.5.4 Any goods not being of merchantable quality or not suitable for their intended purpose, or

7.5.5 Any untrue statement regarding our website, goods, or services.

7.6 Except as otherwise provided by law:

7.6.1 We will not be responsible to you for any indirect or consequential loss, damage, or expenses, including loss of profits, business, or reputation, arising out of any problem you notify to us, and

7.6.2 We will have no liability to pay you any money by way of compensation except otherwise specified in these terms and conditions.

7.7 You must comply with and conform to all applicable regulations and laws, including obtaining all customs, import, or other permits required for you to purchase goods from our website. We do not make any representation or accept any liability for the export or import of the goods you purchase.

7.8 You agree that these limitations are reasonable given the nature of our website, especially as you enter into separate contracts with suppliers when you purchase goods through our website.

7.9 Nothing in these terms and conditions affects any statutory rights you may have that cannot be excluded. In that case, our liability (to the extent permitted by law) will be limited to supplying the goods or services to you again.

7.10 The exclusions and limitations above should be interpreted as separate and divisible provisions within these terms and conditions.

8. Guarantees

8.1 You declare, warrant, and promise that you will not:

8.1.1 Use our website for any fraudulent or illegal purposes;

8.1.2 Use our website to defame, insult, harass, stalk, threaten, or infringe upon the rights of others (including but not limited to their privacy rights or publicity rights);

8.1.3 Hinder or disrupt the operation of our website or the servers or networks used by our website; or violate any rules, procedures, policies, or regulations related to the network;

8.1.4 Transmit or distribute any harmful or invasive viruses, worms, Trojan horses, or other computer code that may damage the operation of any hardware, software, or equipment or monitor the use of any hardware, software, or equipment;

8.1.5 Reproduce, copy, sell, resell, or exploit any part of our website (including applications or software) for any commercial purpose;

8.1.6 Revise, adapt, translate, reverse engineer, decompile, or disassemble any part of our website (including applications or software);

8.1.7 Construct or replicate any part of the website without our prior written consent;

8.1.8 Create a database by systematically downloading and storing content, user content, or any website content; and

8.1.9 Infringe upon the copyrights, design rights, and intellectual property rights of any goods.

9. Content

9.1 All intellectual property rights to the content are owned, controlled, or licensed by us. Except as granted to you in section 9.2, these terms and conditions do not give you any rights or interests in the content, and we reserve all other rights.

9.2 Subject to these terms and conditions, you may use the content for your own personal purposes.

9.3 Unless you have obtained our express written consent or are legally authorized, you may not:

9.3.1 Use the content for any commercial or other non-personal purpose;

9.3.2 Copy the content or transmit the content to any other device or person; or

9.3.3 Reproduce, distribute, publicly communicate, revise, reformat, create derivative works, or display the content.

9.4 You acknowledge and agree that if you violate any term of this section, we may, at our sole discretion, no longer supply you with any content.

9.5 We will make all reasonable commercial efforts to ensure the accuracy of the content, but we do not guarantee or represent (expressly or implicitly, statutory or otherwise) the accuracy, quality, or completeness of the content or its suitability for any purpose, and we will not be responsible for this. You also agree that advertisers are responsible for all advertising content displayed on our website. Placing such ads does not constitute our endorsement or approval of the advertiser's products, and each advertiser is responsible for any statements made in their ads. We will not be responsible for any losses incurred by you as a result of relying on the accuracy of the information provided on our website.

10. User-Generated Content

10.1 When you submit any user-generated content (including all text, files, images, photos, sounds, videos, or other materials) ("User Content") on our website, you grant us a permanent, irrevocable, non-exclusive, global, transferable, sublicensable, paid-up, royalty-free license to reproduce, distribute, publicly communicate, publicly perform, revise, create derivative works, display, and otherwise use User Content related to the website (including but not limited to any media form and through any media channel for the promotion and redistribution of parts or all of the website). In unrestricted situations, the rights granted to us under section 10.1 include the right to grant sublicenses to users of the website to use User Content as permitted by the website's functionality from time to time. You hereby waive and encourage all other original creators of User Content to waive all moral rights in User Content (including the right of the original creators of User Content to be identified or to object to derogatory treatment of User Content), whether such rights exist now or in the future anywhere in the world.

10.2 You declare, warrant, and covenant that:

10.2.1 You have the legal rights and powers to grant the license under section 10.1 above;

10.2.2 You are the owner of User Content and/or have all necessary rights, consents, permissions, and licenses to grant us the rights under section 10.1 above;

10.2.3 Through the exercise of the license under section 10.1 above, we will not infringe any third-party intellectual property rights or other rights;

10.2.4 If User Content identifies any individuals (whether by name, image, or otherwise), you have obtained all necessary consents and permissions from those individuals to allow us to use User Content as permitted under section 10.1 above;

10.2.5 User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to anyone's safety, intended to harass anyone, or unsuitable for display on the website; and

10.2.6 Upon our request, you will provide us with written copies of any consents, permissions, and licenses you need to obtain.

11. Indemnification

You agree to indemnify us and all of our directors, employees, and contractors for any claims, losses, damages, costs, expenses (including legal expenses), or other liabilities arising from your violation of any promises, warranties, representations, and agreements in this section, and to protect us from damage.

12. Linked Websites

Several links (including hyperlinks) on our website will take you away from our website. Links are provided for your convenience only, and the inclusion of any links does not imply our endorsement or approval of the linked website, its operator, or its content. We are not responsible for any content outside our website.

13. Termination

13.1 If you violate any terms and conditions here, we may terminate your access to our website or registration immediately.

13.2 Any rights that have arisen by the termination date will remain enforceable after termination.

14. Intellectual Property

14.1 We own, control, or license all intellectual property rights in all content, user content, designs, text, images, and other materials on our website. Unauthorized use is strictly prohibited.

14.2 All trademarks, product names, and company names or logos in our website are our property or the property of their respective owners. We do not grant approval for the use of any such trademarks, appearance, product names, company names, logos, or titles, and such use may constitute an infringement of the rights of the holder.

15. General

15.1 If any statements and warranties in these terms are made to us and suppliers of goods through our website, you acknowledge and agree that such statements and warranties are intended to grant rights to all such suppliers and to act in their interests, and that such suppliers may rely on and enforce the statements and warranties you make.

15.2 We reserve the right to modify the content of the website (including the services we provide) and these terms and conditions at any time without notice. If these terms and conditions are changed, they will be posted on the website, and continuing to use our website after any such changes means you agree to be bound by the amended terms and conditions. This right includes the right to change any document that forms part of these terms and conditions.

15.3 We have made every effort to clarify whether the prices of goods offered on our website include any relevant taxes or duties. If the pricing is unclear in any circumstances, please be aware that you may be responsible for taxes or duties imposed by suppliers or laws in addition to the price (e.g., value-added tax) before making a purchase.

15.4 We take privacy issues very seriously. Our Privacy Policy covers any data you provide to us. By using our services, you agree that we may collect, store, and use data about you in accordance with our Privacy Policy. You confirm and agree to be bound by the terms of our Privacy Policy.

15.5 We reserve the right to refuse access to our website or any part thereof to any user at our sole discretion without notice and to refuse to provide our services to any user who violates these terms and conditions.

15.6 We will not be responsible for any breach of these terms and conditions by you, nor will we be responsible for any event or circumstances beyond our reasonable control that may prevent or delay the provision of our services through the website.

15.7 If any term of these terms and conditions is deemed invalid or unenforceable by a court of competent jurisdiction, it will not affect the validity or enforceability of any other term, and such invalid term will be deemed severed from these terms and conditions.

15.8 We may assign these terms and conditions or appoint any third party, including group companies, to provide services to you on our behalf or to perform any of our obligations under these terms and conditions.

15.9 You may not assign or otherwise deal with all or any of your rights and obligations under these terms and conditions without our prior written consent.

15.10 These terms and conditions constitute the entire agreement and understanding between the parties and supersede all prior oral or written agreements, understandings, or arrangements regarding the subject matter of these terms and conditions. Neither party has the right to rely on any agreement, understanding, or arrangement regarding these terms and conditions that is not contained in these terms and conditions.

15.11 These terms and conditions are governed by the laws of Hong Kong. You agree to the exclusive jurisdiction of the Hong Kong courts.

We reserve the right to terminate or change the above terms and conditions. In case of any dispute, our decision will be final and binding.

These terms and conditions form part of the general terms and conditions.

Last Updated: 08/09/2020