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Terms and Conditions
Terms
and Conditions
About
These Terms And Conditions
DUKLING (www.shop.dukling.com.hk)
(“Website”) is a website operated by Dukling Limited
(CR:1878707) (“Dukling Limited”), a company registered in Hong Kong.
In
these Terms and Conditions "we" or "us" mean DUKLING and
its affiliates and subsidiaries that services on behalf of DUKLING in Hong
Kong; and "you" means the user and/or the customer of the
Website.
DUKLING
reserves the right to amend these Terms and Conditions from time to time
without prior notice to reflect changes made to the operation of the Website.
Whilst we will make every reasonable effort to notify you of any changes to
these Terms and Conditions, you are advised to check these Terms and Conditions
periodically to update yourself on any changes and apprise yourself of the then
current Terms and Conditions applicable to your membership and use of this
Website.
Copyright/Trademark
Information
This
entire website, copy, images, logos, indicia, text, content, and unique method
of showcasing Products is the copyright of DUKLING, or of other copyright
owners. Permission is granted to electronically reproduce and print in hard
copy portions of this Website for the sole purpose of placing an order with DUKLING,
or using this Website as a shopping resource. Any other use of materials on
this Website (including reproduction for purposes other than those noted above
and modification, distribution, communication, or republication) without our
prior written permission is strictly prohibited.
“DUKLING”,
“Dukling Limited” and “dukling.com.hk” are the trade names, trademarks, domain
names, and company names of DUKLING and its subsidiaries or affiliates. All
other trade names, trademarks, product names, company names, titles or logos
used on this Website are the property of their respective owners. No permission
is given by us in respect of the use of such trade names, trademarks, product
names, company names, titles or logos and any such use without the permission
of the relevant owner may constitute an infringement of the owner's rights.
Currency
All
products get listed with the $ value in Hong Kong Dollars.
Colours
We
have done our best to display as accurately as possible the colours of the
products shown on this web site. However, because the colours you see will
depend on your monitor, we cannot guarantee that your monitor's display of any
colour will be accurate.
Correction
of Errors and Inaccuracies; Limitations on Quantity
Whilst
DUKLING will make every reasonable effort to present accurate information on
this Website, the information may contain typographical errors or inaccuracies
and may not be complete or current. Neither DUKLING nor any third party or data
or content provider makes any representations or warranties, whether express,
implied in law or residual, as to the accuracy, completeness or reliability of
information, opinions, any company information, news, research information,
data and/or content contained on this Website (including but not limited to any
information which may be provided by third party or data or content providers)
(“Information”) and shall not be bound in any manner by any Information
contained on this Website. We therefore reserve the right to correct any
errors, inaccuracies or omissions and to change or update Information at any
time without prior notice (including after you have submitted your order).
Please note that such errors, inaccuracies or omissions may relate to product
description, pricing and availability. We also reserve the right to limit
quantities (including after you have submitted your order). We apologize for
any inconvenience this may cause you. If you are not fully satisfied with your
purchase please see our returns policy for details on how to obtain a refund.
Indemnification
You
shall indemnify and hold DUKLING and its affiliates and subsidiaries and their
respective employees, representatives, agents, affiliates, directors, officers,
managers and shareholders (collectively the "Parties") harmless from
any damage, loss, or expense (including without limitation, attorneys' fees and
costs) incurred in connection with any third-party claim, demand or action
("Claim") brought against any of the Parties alleging that you have
breached any of these terms and conditions. If you have to indemnify any of the
Parties under this Section, DUKLING shall have the right to control the defense,
settlement, and resolution of any Claim at your sole expense. You may not
settle or otherwise resolve any Claim without express written permission from
DUKLING.
Legal
Capacity To Transact
By
accepting these Terms and Conditions you represent and warrant that you are
over the age of eighteen (18) years. If you are under the age of eighteen (18)
years you cannot place orders on this Website. Should DUKLING suffer any damage
or other losses as a result of a transaction entered into by a minor, DUKLING
reserves the right to seek compensation for such losses from the parents or
guardians of the minor who caused any order(s) to be placed on this Website.
Placing
Your Order
Any
contract for purchases through this Website will be made with Dukling Limited.
You
may place an Order by adding items to ‘My Cart’ on the Web Site and clicking
the "CheckOut" button. When you place your Order, we will issue you
with an Order Number. We will do this by email. By placing an Order, you make
an offer to us to purchase the Products you have selected based on the Terms
and Conditions applicable at the time of purchase. All orders are subject to
availability and confirmation of the order price, items in carts will not be
reserving until the payment process succeeded. Information contained on
this Website constitutes an invitation to treat. No information on this Website
constitutes or should be deemed as an offer by us to supply any Products to
you, however DUKLING will make every effort to supply Products to you. We will
notify you that your Order is being processed by sending you an Order
Confirmation via email, however, we do not formally accept your offer until
your Order has passed our internal validation procedures for verifying the bona
fides of each order placed, for the purpose of preventing credit card or
payment fraud. DUKLING and its affiliates and subsidiaries, reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel orders
in their sole discretion. We will confirm acceptance of your Order when we
amend the status of your order to Dispatched within the My Account My Orders
Section. If we cannot process or accept your Order after payment is received we
will contact you by email or telephone.
Payment
Methods And Processing
Transactions
are processed via an industry standard secure https connection using DBS E-Net. as a third
party payment gateway. This means that you can be assured that your sensitive
data such as credit card numbers will remain confidential because all
information is 128bit
encrypted. The server we connect to is authenticated through PKI certificates
issued by a root Certificate Authority. Our payment page is also fully PCI DSS
compliant please visit https://www.pcisecuritystandards.org/tech/
for more information.
Delivery
The estimated delivery date of the products will be stated
in your order confirmation email. If you do not receive an estimated delivery
date from us, we will deliver the order within 30 days after the date of
dispatch. We supply delivery services to you and we will try to ensure that
your order is delivered by the estimated delivery date (if given), but there
may be circumstances where delivery is delayed because of events beyond our reasonable
control. If this happens, we will try and arrange for your products to be
delivered as soon as possible, but we will not be liable to you for any losses
caused as a result of such delay.
Delivery times may vary depending on the availability of
the products and your delivery address. Delivery times are estimates only and
cannot be guaranteed.
If no one is available at your address to sign for your
order, our delivery partner will leave you a note and you will need to contact
them to rearrange delivery.
International Delivery
If you purchase products for delivery to an international
destination, your order may be subject to import duties and taxes which are
applied when the package reaches that destination. You must comply with all
applicable laws and regulations of the country for which the products are
destined. We will not be liable or responsible if you breach any such laws.
The
delivery fee will be calculated automatically based on the size, weight and
destination. You agree the delivery fee by clicking the “Checkout” button. If
extra fee of delivering to non-industrial district applies, you need to pay for
the extra fee to our delivery partners when you collect the items.
Goods and Services Tax (“GST”)
Unless otherwise stated on the
Product listing or in our invoice for your purchases, DUKLING will bear the GST
imposed by the Inland Revenue Authority of Hong Kong or import duty payable (if
any) on the Products you purchase from us.
Prices
DUKLING
reserves the right to change prices for Products displayed at the Website at
any time without prior notice.
Supply
Of Your Products
Subject
to these Terms and Conditions, we will supply to you the Products indicated on
your Order Confirmation. When your Order items have been dispatched, amend the
status of your order to Dispatched within the My Account My Orders Section.
Delivery
Of Your Products
Delivery
will be made via a number of partners and the estimated delivery times will be
indicated within each specific sale according to the dispatch location. We use
the best possible estimated dates given the information we have been provided
by our suppliers and partners, however many factors are outside of our control
and we cannot guarantee delivery within this time frame. Individual order
status can be tracked in the My Account, My Orders section. We charge
shipping and handling for each sale you purchase from unless otherwise stated
on the website. Due to the nature of our business, we may consolidate orders
where possible from more than one sale. For these orders shipping and
handling charges will remain unaltered. Title and risk of loss to
all products will pass to you on delivery unless otherwise specified.
For
the avoidance of doubt, In the event that there is any ambiguity relating to
the passing of risk and title to the goods, risk and title to the goods will
pass to you on the first attempt at delivery irrespective of whether it was
successful or not.
Refund
Policy
Under no
circumstances shall your order be refunded except damaged, defective or faulty
workmanship items. All refund requests shall be made within 30 days of the
goods' receipt by email to ols_info@dukling.com.hk. If the refund is
approved, then the refund will be processed through the same transaction method
– if the products were purchased online, it shall credit to your credit card
within 10 weeks. If there is problem of receiving the refund, please contact us
at ols_info@dukling.com.hk.
We
will refund any items damaged in transit, at our cost, just as soon as we
receive the damaged item back. We apologize for any inconvenience. It would
also be very helpful if you were able to include some digital pictures of the
damage so we may be able to assess it and process your replacement quicker.
Dead
On Arrival Products - "DOA"
A
Product is considered DOA if it shows symptoms of a failure, or is discovered
to be broken when first taken from its packaging. Our Customer Service member
will provisionally determine whether the Product is DOA. Where a Product is
provisionally determined as DOA we will arrange to replace the Product. Where
we have provisionally determined that a Product is DOA, return shipping will be
arranged at our expense. If the Product is deemed by our Customer Service
member NOT to be DOA, we may in our absolute discretion refuse to offer you a
refund for the Product. When a Product is replaced, your replacement Product
becomes your property and the returned DOA Product becomes our property. When a
refund is given, the returned DOA Product becomes our property. We reserve the
right to test any returned DOA Product. If you misrepresent the condition of
the Product to us, we will impose a $100 handling and administration fee.
Product
Problems After Delivery
If
your item arrives DOA (Dead On Arrival) or if a defect arises after delivery
and a valid claim is received by our Customer Service within 14 days of delivery, we
will refund you the purchase price of the product. Should you contact us
outside the 14 day
period, our Customer Service will consider each claim on a case by case basis
on its merits. Where we agree to refund you the purchase price of the Product,
you must first return the defective Product to us. You will be obliged to pay
for the return of the Product if the item is sent after 21 days from receipt of goods.
Organizing
the Return of DOA Products
DOA
Products must be returned whenever we agree to replace the Product or provide
you with a refund. When a Refund is arranged:
No
refund will be given to you until we have received the DOA Product from you.
Refunds will be issued by a credit
to "Your Account" with us.
NON-REUNDABLE
AND NON-EXCHANGEABLE ITEMS
Please note that all customized or personalized items (e.g. engraving items),
items on clearance sale, handling fee and service fee cannot be refunded or
exchanged under all circumstances.
The Site reserves the right to change the Refund and Exchange Policy
without prior notice, and reserves the right of final decision in case of any
disputes.
Computer
Hardware - Exclusions and Limitations
We are
not liable for any damage to or loss of any programs, data, or other
information stored on any media contained within electronic or computing
Products. Recovery and reinstallation of system and application software and
user data are not covered under any warranty. In relation to any computing
media Product, or any computing hardware Product or computing part contained
within a Product, we will not be responsible for direct, special, incidental or
consequential damages resulting from any breach of warranty or condition, or
under any other legal theory, including but not limited to lost profits,
downtime, goodwill, damage to or replacement of equipment and property, any
costs of recovering, reprogramming, or reproducing any program or data stored
in or used with our Products supplied to you, and any failure to maintain the
confidentiality of data stored on the Product. We specifically do not represent
that we will be able to repair any Product under warranty or make a Product
exchange without risk to or loss of programs or data. Where a computing Product
needs to be returned to us for replacement or a refund, we will in no manner
whatsoever be responsible for any data you may leave on the computing Product.
Our
Liability
In no
event shall DUKLING and any of its affiliates and subsidiaries be liable for
any loss of income, loss of profits, loss of contracts, loss of data or for any
indirect, special, incidental or consequential loss or damage of any kind
including but not limited to loss of use, loss of data, loss of business or
profits, howsoever arising and whether caused by tort (including negligence),
breach of contract or otherwise. Our maximum aggregate liability for any
Product supplied to you whether in contract, tort (including negligence) or
otherwise shall in no circumstances exceed the amount payable by you to us in
respect of the Product(s) in question.
Your
Data - Use And Protection
Please
see the Privacy Policy section of the Website for full details of how we use
and protect your personal information. You consent to any personal information
which we may obtain about you via (either via this website, by email, telephone
or any other means) being collected, stored, and otherwise processed in
accordance with the terms of the Privacy Policy. We may update our Privacy
Policy from time to time, in our sole discretion, and post an updated version
of the Privacy Policy at the Privacy Policy section of this website.
Force
Majeure
Neither
DUKLING nor any of its
affiliates and subsidiaries shall be liable for any failure or delay in
performing any of its obligations under these Terms and Conditions if such
failure or delay is caused by circumstances beyond their reasonable control and
we shall be entitled to a reasonable extension of time for the performance of
such obligations.
Entire
Agreement
These
Terms and Conditions together with your Order constitute the entire agreement
between you and DUKLING in relation to your use of the website, your DUKLING
membership, and the supply of the Products to you by DUKLING. These Terms and
Conditions cannot be varied except by us in writing or by e-mail. Neither you
nor DUKLING shall be bound by any express, tacit or implied representation,
warranty, promise or the like not recorded herein. Unless specifically stated
these Terms and Conditions supersede and replace all prior commitments,
undertakings or representation, whether written or oral, between you and DUKLING.
Modification/Alteration
We may
at any time modify any relevant Terms and Conditions, policies or notices. You
acknowledge that by visiting the Website from time to time, you shall become bound
to the current version of the relevant Terms and Conditions (the "current
version") and, unless stated in the current version, all previous versions
shall be superseded by the current version. You shall be responsible for
reviewing the then current version each time you visit the Website.
Miscellaneous
These
Terms and Conditions are binding upon the parties and their respective
successors and permitted assigns.
These
Terms and Conditions will not be assignable or transferable by you without our prior
written consent.
No
failure or delay by a party in exercising any right, power or privilege under
these Terms and Conditions will operate as a waiver thereof, nor will any
single or partial exercise of any right, power or privilege preclude any other
or further exercise thereof or the exercise of any other such right, power, or
privilege.
You
and DUKLING are independent contractors, and no agency, partnership, joint
venture, or employee-employer relationship is intended or created by these
Terms and Conditions.
The
invalidity or unenforceability of any provision of these Terms and Conditions
will not affect the validity or enforceability of any other provision of these
Terms and Conditions, all of which will remain in full force and effect.
Governing
Law
These
Terms and Conditions shall be governed by and construed in accordance with the
laws of Hong Kong without giving effect to any principles of conflict of law,
and any disputes arising in connection with this website, or any relevant terms
and conditions, policies and notices or any matter related to or in connection
therewith shall be subject to the non-exclusive jurisdiction of the courts of
Hong Kong.