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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.
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.
All products get listed with the $ value in Hong Kong Dollars.
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.
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.
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.
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.
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.
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 email@example.com. 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 firstname.lastname@example.org.
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.
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.
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
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.
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.
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.
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.
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.