Terms of Sale

Welcome to www.eclectic-cool.com. www.eclectic-cool.com is owned and operated by Eclectic Cool Limited, with our registered office at Unit 8, 21/F Harbour Industrial Centre, 10 Lee Hing Street, Ap Lei Chau.

The terms “Eclectic Cool and www.eclectic-cool.com” “we”, “our” and “us” when used in these Terms of Sale (Terms of Sale) means Eclectic Cool Limited. The terms “you”, “your” and “yours” when used in these Terms of Sale means you, as a user of our website.

Use of the Website
It is important that you read these Terms of Sale carefully before ordering any products or items (Items) from our website. These Terms of Sale, together with our Terms of Use and our Privacy Policy, govern our relationship with you in relation to your purchase of any Item from our website.

By placing an order for an Item through our website you agree to be bound by these Terms of Sale. If you do not agree to these Terms of Sale, you must cease using this website.

Your Status and Eligibility to Purchase
By placing an order through our website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old. To make purchases through our website, you will be requested to provide certain personal information. You agree to provide your real name, phone number, billing address, e-mail address and any other personal information reasonably required as part of our registration process. Our Privacy Policy (see below) explains how we treat personal information provided by you.

When you order an Item, you will be required to provide payment details. You represent and warrant that the payment details you provide are both valid and correct and you confirm that you are the person referred to in the “billing information” provided.

Registration and Accounts
In order to purchase Items and make use of some of the features and services on our website, you will need to register. Our registration process requires you to provide certain information about yourself that is true, accurate, current and complete. Please refer to our Privacy Policy to understand how we treat your personal data. By registering on our website, you agree to keep secure and confidential all usernames and passwords required to access our website. You agree to notify us immediately of any unauthorised use of your password or any other breach of security. You must not transfer your account to another person or maintain more than one account with us without our consent. We may, in our sole discretion, suspend or terminate your account or limit your access to our website.]

Shopping Online
We have made every effort to ensure the correctness of all details, photographs and descriptions relating to Items on our website. We do our best to display, as accurately as possible, the relevant size, length, colours, textures, weight and dimensions of each Item. Please contact us for any further information or questions.

However:

  • please take note of any measurements provided to get a more accurate idea of the scale of each Item. We have made every effort to ensure that all sizes and measurements are as accurate as possible, but please note that they are approximates only.
  • the actual colours you see will depend on your computer monitor and browser and therefore we cannot guarantee that your monitor’s display of any image is a completely accurate representation of the actual Item.

Availability
All orders are subject to availability of the Item or Items selected. Please note that there may be a delay between the time you place an order and the time when we accept your order, which may result in a change to the stock position relating to particular Items. We will notify you as soon as possible if an Item you have ordered becomes out of stock.

Order Process
All orders are subject to acceptance by us. When you place an order, your order constitutes an offer to buy an Item from us. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this email does not mean that your order has been accepted, rather it is an acknowledgment that we have received your order. Acceptance of your order will take place when your order is dispatched. We will email you that your order has been dispatched (Dispatch Confirmation). The contract between you and us will only be formed when we send you the Dispatch Confirmation.

We reserve the right not to accept your order if certain events occur, for example, we are unable to obtain authorisation for payment, an Item is out of stock or withdrawn, there is a system malfunction, shipping restrictions apply to a particular Item or you do not meet the eligibility criteria set out in these Terms of Sale.

Pricing
All Item prices are shown on our website are in  Hong Kong Dollars  and wish to make a purchase in another currency, you can contact us .

Please note that the price of any Item stated on our website excludes delivery costs. Delivery costs should be added to the total amount due at the final checkout page. Some items have been noted as being overweight or oversized. If this is the case, we will notify you of the delivery cost of your Item at the time we acknowledge your order.  Please ensure that you choose one of the delivery options at checkout unless you are picking up at our store.

Although we make every effort to ensure that the prices stated on our website are correct, sometimes mistakes can occur. If, prior to dispatching an Item to you, we discover a mistake in the price of an Item you have ordered, we will contact you and give you the option of either reconfirming your order at the correct price or canceling your order. If we are unable to contact you or we receive no reply from you, we will cancel your order.

Prices of Items may change from time to time so please carefully check the pricing information provided on our website to confirm the current price of any Item. Any price changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Payment Methods
We use PayPal for payments. [PayPal] automatically encrypts your confidential information in transit from your computer to ours using the Secure Sockets Layer protocol (SSL). This means that your payment card details are encrypted.

We take all reasonable care to keep the details of your purchase and payment secure but we will not be liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from this website.

By making an offer to purchase an Item, you expressly authorise us to perform credit checks and, where we feel it’s necessary, to transmit or obtain information about you from third parties from time to time, including confirming your identity and validating your credit card.

Customers outside Hong Kong may also be liable for any import duty, tax, quotas, permits, product restrictions and other local requirements. Before placing an order, we suggest you verify what local requirements may apply to you.

General
We may change these Terms of Sale at any time. We also reserve the right to amend, vary or remove any Items and any page of this website at any time and without notice.

Please read these Terms of Sale regularly. If you do not agree to any change we make to the Terms of Sale, then you must immediately stop using our website. Any changes made to our Terms of Sale after you have placed an order will not affect that order however, unless we are required to make the change by law.

Governing Law and Exclusive Jurisdiction
These Terms of Sale (together with our Terms of Use and Privacy Policy and all of our policies and procedures) will be governed by the laws of Hong Kong Special Administrative Region of the Peoples’ Republic of China and the courts of Hong Kong will have exclusive jurisdiction.

General Information

Welcome to www.eclectic-cool.com. www.eclectic-cool.com is owned and operated by Eclectic Cool Limited, with our registered office at Unit 8, 21/F Harbour Industrial Building, 10 Lee Hing Street, Ap Lei Chau.

The terms “www.eclectic-cool.com” “we”, “our” and “us” when used in these Terms of Use (Terms of Use) means Eclectic Cool Limited. The terms “you”, “your” and “yours” when used in these Terms of Use means you, as a user of our website.

It is important that you read these Terms of Use carefully. These Terms of Use apply to all visitors of our website. By viewing and using our website, you agree to be bound by these Terms of Use and our Terms of Sale and Privacy Policy (together, our “Terms”). If you do not agree to these Terms, then you must stop accessing and using this website.

Purpose
This website provides general information relating to the products and services we offer. The information and any materials supplied on our website are provided for general information purposes only.  Our website does not provide advice of any kind.

Website Availability
We reserve the right to withdraw or amend the service we provide on this website, or close it indefinitely. We will not be liable if, for any reason, our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts, or all, of our website.

Users outside Hong Kong
We control and operate this website from our offices in Hong Kong. We do not represent that the information, materials, services or any products on our website are applicable, appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than Hong Kong, you are solely responsible for compliance with any applicable laws relevant to your jurisdiction.

Intellectual Property Rights
This website and all of its content including data, works of authorship and materials thereon, photographs, illustrations, graphics, video, software, code, design, organisation of the website and the compilation of materials on the website (referred to collectively as “Content”) are protected by local and international copyright, trademark and other intellectual property laws. Eclectic Cool Limited (or its licensors) own, solely and exclusively, all rights, title and interest in and to the website and its Content, including, but not limited to, all intellectual property and proprietary rights. Your use of the website and/or the Content does not grant to you any ownership of, or title to, any Content.

All logos, brand, product and service names used on this website or in connection with the Content are the registered and unregistered trademarks, trade names or service marks of Eclectic Cool Limited(or its licensors), unless otherwise stated. Nothing contained in these Terms shall be construed as conferring any licence or right to use any Eclectic Cool Limited’s logo, proprietary graphic or trademark without our prior written consent. All rights are fully reserved and all moral rights are asserted and reserved.

We grant you a limited, revocable, non-exclusive, non-transferable, personal license to access and copy the Content for your personal, non-commercial use only, such license being conditional upon your continued compliance of these Terms. Where such copies are made, all copyright and other proprietary notices provided in or with the Content must remain. No other use of the website is permitted without our prior written consent. You must not copy, modify, distribute, publish, display, transmit, adapt or in any way exploit the Content of this website or use any of the information, materials, services, products or items on our website for commercial exploitation or to create derivative works of such materials or Content. Any unauthorised use of this website may be a criminal offence giving rise to a claim for damages.

Your Use of Our Website
If you post any comments on our blog or use any other communication tools that we make available through our website, you agree to use these communication tools for lawful and legitimate purposes only. We are not able to monitor or review communications, discussions or postings at all times. We are under no obligation to ensure that the communications on the website are legitimate. We do not endorse, nor are we liable for, the accuracy or reliability of any statement or information posted on this website by anyone other than us. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable content or information to us at support@eclecticcool.zendesk.com.

Submissions
When you submit any communication (including data, questions, comments, suggestions or other material), you represent that you own the content of that information or material. Except as noted in our Privacy Policy, all submissions will be treated as non-confidential and non-proprietary. You grant us a world-wide, royalty-free, perpetual and irrevocable license to use or reproduce your submission, without limitation, in any format.

Prohibited Conduct
When you access and use our website, you must not:

  • upload or use any software viruses or any other computer code, files or programs designed to (or with the ability to) interrupt, destroy or limit the functionality of our website
  • take any action that may impose an unreasonable load on our website infrastructure
  • use the website for any unlawful purpose including posting, transmitting or accessing material or data in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use)
  • post or transmit any spam or junk material or any threatening, libelous, defamatory, obscene, discriminatory, inflammatory, pornographic or profane material or content that may be offensive to other users of the website
  • post or disseminate any material unrelated to the use of the website, including unauthorised advertising materials of any kind or files that may damage another person’s computing devices or software
  • access, copy, collect, harvest or save information about other users, including personal information, or use the details of other users for anything other than the use expressly permitted by those users or these Terms
  • circumvent (or attempt to circumvent) security measures or attempt to gain access to our servers by any means whether by using administrator passwords or otherwise
  • attempt to disrupt, modify or interfere with the delivery of our service or the services of any of our partners or clients
  • sell, redistribute or use information contained on our website for a commercial purpose without our prior written consent.

All Liability Excluded
You acknowledge that any reliance on or use of this website, the services and the Content is at your sole risk. You acknowledge that such information or materials may contain inaccuracies or errors. You are responsible to ensure that any materials, products, services or information made available through our website meet your specific requirement.

To the fullest extent permitted by law, neither Eclectic Cool Limited nor any of its officers, directors, employees, agents or licensors (Related Parties) make any express or implied warranties, representations or guarantees whatsoever regarding this website, the services or any of the Content. Neither Eclectic Cool Limited nor any of its Related Parties make any warranty or representation as to the accuracy, reliability, timeliness, performance, completeness or suitability of the information or materials found or offered on this website for any particular purpose. This website, the services and the Content are provided on an “as is”, “where is”, “where available” and “as available” basis.

Some jurisdictions limit (or do not allow) the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

We will not be liable for any loss or damage however caused (including any direct, indirect, punitive, incidental, consequential or special damages including loss of profits, loss of opportunity, loss of data or business interruption) that result from the use of (or the inability to use) this website, or your reliance on the website or its Content or any product or service supplied or made available on our website, even if we have been advised of the possibility of such damages.

No statement on this website shall be deemed to affect the statutory rights of a consumer which cannot be excluded or restricted by law.

Indemnification
To the maximum extent permitted by law, you agree to indemnify and hold harmless Eclectic Cool Limited and Related Parties from and against any and all claims, liability, damages, costs and expenses arising out of or related in any way to your use of our website or Content or your breach of any of these Terms.

Privacy
We are committed to safeguarding and respecting your privacy. Please refer to our Privacy Policy to understand how we treat your personal information.

This website does not provide information or services or sell products to children under the age of 18. If you are under 18, you may use this website only with the involvement of a parent or guardian.

Linking to this Website
We reserve the right to prohibit links to our website and you agree to remove any link upon our request.

You must not frame this website or represent or imply that any part of the website belongs to anyone other than us.

Links to External Websites
Our website may include links to third party websites and materials which are unrelated to us. These links are provided for your convenience only. When you click on one of these links, you are leaving our website and entering a third party site that we do not control. We will not be responsible for the content or performance of any third party site nor are we liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with any such third parties. You should carefully review the privacy policy of any linked website.

Our Right to Change These Terms 
We may change these Terms of Use at any time. We also reserve the right to amend, vary or remove any information, services, products, material or any page of this website at any time and without notice.

Please read the Terms carefully and check back often. If you do not agree to any change we make to these Terms, then you must stop accessing and using this website. By continuing to access our website, you agree to be bound by the amended terms and conditions.

General
If you breach these Terms and we grant you time or take no action, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition.

If any of these Terms are held to be invalid, illegal or unenforceable for any reason, the remaining Terms will continue to have full force and effect.

Your use of this website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of this website, including sending you electronic notices.

These Terms constitute the entire agreement between you and us in relation to this website. These Terms supersede all other prior or contemporaneous communications or displays whether electronic, oral or written.

Governing Law and Exclusive Jurisdiction
These Terms are governed by and will be construed in accordance with the laws of Hong Kong Special Administrative Region of the Peoples’ Republic of China and you submit to the exclusive jurisdiction of the courts of Hong Kong.

Contact
If you have any questions, concerns or feedback, please get in touch with us by email to support@eclecticccool.zendesk.com or by calling +852 9444 1880.