1. Introduction
1.1. Welcome to Flourish Developing Company Limited - Flourish Store. In order to provide you a safe and enjoyable shopping experience, Flourish Developing Company Limited has established these terms of use (the “Terms of Use”), applying to Flourish Developing Company Limited - Flourish Store website located at www.flourishstorehk.com, and all associated sites linked to it (collectively, the “Site”).
1.2. By placing an order and/or accessing any area of the Site, you agree to be bound and to abide by these Terms of Use, and you hereby confirm that you have perused the full policy statement.
1.3. By continuing to access and use of the Site, you hereby agree that Flourish Developing Company Limited has the right to make changes, amend or modify any of the Terms of Use from time to time without providing any prior notification, and you expressly agree to be bound by the terms as changed, modified or amended from time to time. The amended Terms of Use are effective from the date on which they are published on the Site.
2. Use of Site
2.1. The Site may currently only be used as a shopping resource or to conduct on-line communications.
2.2. You may not distribute or commercially exploit the Site or any part of its content (whether by reproduction, retransmission, dissemination, sale, broadcast, circulation, publication, republication, amendment, re-delivery using "framing" or similar technology or otherwise).
2.3. Any use of the on-line communication features of this Site may only be used for lawful purposes and you must not post or transmit any material which may be objectionable (whether harmful, threatening or otherwise) at the opinion of Flourish Developing Company Limited. Flourish Developing Company Limited reserves the right (but without the obligation or liability) to prohibit or remove any such material as it seems fit.
3. Registration
3.1. You are required to register with Flourish Developing Company Limited when you use the services or place an order. By registering and/or placing an order on the Site, upon which Flourish Developing Company Limited is entitled to rely, you confirm that you are at least of 18 years of age or have attained the age of majority under the legal requirement of your place and capable of entering into a legally binding contract.
3.2. You represent that all purchases made by you through the Site will be within the scope of your authority to conclude contracts, whether or not it is for and on behalf of somebody else, and in the event of acting for a principal, you hereby represent that you have obtained the express authority of your principal and in any event agree to be personally bound by the transaction you purportedly enter into, whether on behalf of others or for yourself.
3.3. In consideration of your use of the services or placing an order at the Site, you agree to:
(a ) provide true, accurate, current and complete information about yourself when filling out the registration form; and
(b) maintain and promptly update your registration information to keep it true, accurate, current and complete. If Flourish Developing Company Limited has reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, Flourish Developing Company Limited has the right to suspend or terminate your registration and/or cancel any order placed without further notice.
4. Disclaimer
4.1. Flourish Developing Company Limited does not represent or warrant that access to the Site, or any part of it, will be uninterrupted, reliable or fault-free.
4.2. Flourish Developing Company Limited shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (including but not limited to damages for loss of profit or intangible loss related to your use of the Site or use of any of the products purchased at the Site). You hereby agree to read all information, warranties or warnings provided on or in the product packaging and labels before placing any order and/or using any product purchased on the Site.
4.3. Flourish Developing Company Limited shall not be liable for the accuracy, fitness for a particular purpose or quality, durability and safety of such products or reliability and completeness of any information and/or description and you hereby agree to undertake the responsibility to evaluate such information.
4.4. Although Flourish Developing Company Limited uses reasonable efforts to ensure the truthfulness and accuracy of the information posted on the Site, Flourish Developing Company Limited does not warrant that any information posted on the Site will be accurate, factual, complete and correct at the time of the posting and for the time being posted on the Site. You expressly acknowledge that in entering into a contractual relationship (by placing order or otherwise), you make no reliance on the information, irrespective of whether the same is posted by Flourish Developing Company Limited on the Site.
4.5. Although Flourish Developing Company Limited uses reasonable efforts to have the colors of the images of its merchandize displayed as accurately as possible on the Site, such images are for reference only and Flourish Developing Company Limited does not warrant that the color will be accurately displayed by your monitor.
4.6. You hereby agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst Flourish Developing Company Limited strives to protect such information, Flourish Developing Company Limited does not warrant and cannot ensure the security of any information which you transmit to Flourish Developing Company Limited. Any information which you transmit to Flourish Developing Company Limited is transmitted at your own risk.
4.7. To the extent permitted by law, Flourish Developing Company Limited excludes all liability (whether arising in contract, tort or otherwise and whether or not due to Flourish Developing Company Limited negligence) which Flourish Developing Company Limited may otherwise have to you as a result of:
(a) any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the Site or any information on the Site;
(b) the unavailability of the Site (or any part of it), merchandise or services;
(c) any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
(d) any merchandise not being of merchantable quality or fit for their intended purpose; or
(e )any misrepresentation on or relating to the Site, the merchandise or the services.
4.8. Save as required by applicable laws:-
(a) Flourish Developing Company Limited will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to Flourish Developing Company Limited; and
(b) Flourish Developing Company Limited will have no liability to pay any money to you by way of compensation except otherwise specified in these Terms of Use.
4.9. You must observe and comply with all applicable regulations and legislations, including obtaining all necessary customs, import or other permits to purchase merchandise from the Site. Flourish Developing Company Limited makes no representation and accept no liability in respect of the export or import of the merchandise you purchase.
4.10. You agree that each of these limitations is reasonable having regard to the nature of the Site.
4.11. None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case the obligation of Flourish Developing Company Limited, where permitted by law, will be limited to the fees you paid for the particular product upon which liability is based.
4.12. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these Terms of Use.
5. Representations and Warranties
5.1. You represent, warrant and covenant that you will not:
(a) use the Site for any fraudulent, immoral or unlawful purpose;
(b) use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
(c) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
(d) transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
(e) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
(f) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
(g) frame or mirror any part of the Site without express prior written consent of Flourish Developing Company Limited;
(h) create a database by systematically downloading and storing the User Content or any Site content; and
(i) infringe any copyright, design right and intellectual property right in the products.
6. Indemnity and Limitation of Liability
6.1. You agree to indemnify, defend and hold harmless Flourish Developing Company Limited and all of its directors, employees and contractors from and against all losses, expenses, damags and costs (including legal fees) arising from any breach of these Terms of Use or any other activity by you in connection with your use of the Site.
6.2. You further agree that Flourish Developing Company Limited shall not be held liable howsoever for your use of the Site and you agree to waive all claims that you may have against Flourish Developing Company Limited for any loss or damages you may sustain in connection with your use of the Site.
6.3. In the event that this disclaimer is unenforceable, the total liability of Flourish Developing Company Limited, if any, for losses or damages shall not exceed the fees you paid for the particular service or product upon which liability is based.
7. Links to Other Sites
7.1. Occasionally, Flourish Developing Company Limited may make available a link to a third party's web site. These links will let you leave Flourish Developing Company Limited. The linked sites are not under Flourish Developing Company Limited control and Flourish Developing Company Limited is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
7.2. Flourish Developing Company Limited is not responsible for webcasting or any other form of transmission received from any linked site. Flourish Developing Company Limited provides the links only as a convenience. Flourish Developing Company Limited does not endorse the site or its use or contents.
8. Privacy Policy
8.1. You acknowledge and agree to Flourish Developing Company Limited use of information about you as described in the privacy policy as published on the Site which may be updated from time to time.
9. Non-Exchange and Non-Refund Policy
9.1. Save and except products that are expressly indicated otherwise, all products and any fees paid or payable by you at the time of purchase at the Site, including but not limited to delivery fee and/or administrative fee (insofar as the same is applicable in a transaction) are non-exchangeable, non-returnable and non-refundable.
9.2. Without prejudice to Clause 4, Flourish Developing Company Limited will use reasonable endeavour to provide clear information and procedure to products. You agree to give careful and thorough evaluation on the products before you decide to purchase or not, and such a decision is not dependent upon any information which can be found on the Site except the representations made specifically to products.
9.3. Placing an order means you agree and fully accept to purchase products in accordance with the non-exchange and non-refund policies set out herein.
10. Warranty Service
10.1. Save and except products that are expressly indicated otherwise, no warranty service is provided by Flourish Developing Company Limited for any product purchased on the Site.
10.2. Should there be any unclear or disputable situation, Flourish Developing Company Limited reserves the right to the final decision.
11. Termination
11.1. Flourish Developing Company Limited may terminate or suspend your access to all or part of the Site, without notice, for any conduct that Flourish Developing Company Limited, in its sole discretion, believes is in violation of any applicable law or is harmful or detrimental to Flourish Developing Company Limited or a third party.
11.2. Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
12. Intellectual Property
12.1. All intellectual property rights in all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to the Site and the selection or arrangement thereof are owned, controlled or licensed by or to Flourish Developing Company Limited. Any authorized used without prior written permission of Flourish Developing Company Limited is strictly prohibited.
12.2. All trademarks, product names and company names or logos used in the Site are property of Flourish Developing Company Limited or that of their respective owners. No permission is given by Flourish Developing Company Limited in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
13. General
13.1. Flourish Developing Company Limited reserves the right at any time without notice to revise the content of the Site (including the services offered by Flourish Developing Company Limited) and these Terms of Use. Any changes to these Terms of Use will be posted on the Site and by continuing to use the Site following any such change you will signify that you agree to be bound by the revised Terms of Use. This right includes the right to change any of the documentation which forms part of these Terms of Use.
13.2. Flourish Developing Company Limited reserves the right at the sole discretion of Flourish Developing Company Limited to deny users access to the Site or any part of the Site without notice and to decline to provide the services to any user that is in breach of these Terms of Use.
13.3. Flourish Developing Company Limited shall not be liable to you for any breach of these Terms of Use or any failure to provide or delay in providing services through the Site resulting from any event or circumstance beyond reasonable control of Flourish Developing Company Limited.
13.4. If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these Terms of Use.
13.5. Flourish Developing Company Limited may assign these Terms of Use or appoint any third party, including group companies of Flourish Developing Company Limited, to provide the services to you on our behalf or to perform any of the obligations of Flourish Developing Company Limited under these Terms of Use.
13.6. You shall not assign or otherwise deal with its rights and obligations under these Terms of Use, whether in whole or in part without written consent of Flourish Developing Company Limited.
13.7. These Terms of Use 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 of Use. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these Terms of Use.
13.8. These Terms of Use are governed by and construed in accordance with the laws of Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
