TERMS AND CONDITIONS
These terms and conditions (together with information and policies contained on the website and any other documents referred in these terms and conditions)
(“Terms and Conditions”) set out the legal terms that apply to your use of our website http://www.shoppicks.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the “Websites” and “Website” being a reference to any one of them) and the other services that we provide (the “Service”).
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions. We reserve the right to refuse service to anyone for any reason at any time.
Our store is hosted on a third party service provider. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to “SHOPPICKS”, “we”, “us”, or “our”, we mean InSmart Financials Limited. Where we refer to “you” or “your” we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. We will not file copies of the contracts between us and you relation to our supply of the Services, or between you and the Brands/Company selling their products in the Website (“ Partners”) relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Condition for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
We are operating the Website using SHOPPICKS as its brand name.
If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer’s display of the images accurately reflect the true color of the products.
Should you receive any items with defects, you shall contact our team (email@example.com) within 7 days of your receiving your purchase. We would arrange product replacement with Partners, or a refund will be arranged if product replacement could not be arranged. Unless there is a product quality problem, all products are not allowed to be exchanged. Please return your item together with the shipping slip or order form, otherwise we will not be able to process your returns/exchange.
The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial business or resale purposes. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business or loss of business opportunity.
We reserve the right, but are not obligated, to limit the sales of our products of Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchase or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
In order to use the Services, you must be over 18 years of age.
By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized user of the credit card, mobile payment and digital wallet to place your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order on each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, etc). You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- Pricing and availability
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.
Delivery costs are not included in the prices and will be charged in addition. The delivery costs will vary depending on the products that you have ordered and your delivery address. Please see the Shipping Policy for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the “Total Cost” amount shown on the order summary page).
The estimated delivery time of the products:
Hong Kong: 3-5 working days (excluding Outlying Islands)
Macau: 5-7 working days
Please note that all goods will be delivered as scheduled to the best of our ability. There may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try to 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.
All orders are final. Once processed, orders cannot be amended. All orders are subject to confirmation of final availability and we reserve the right to reject the order in the event that any of the products or services requested are unavailable. Please note delivery is to Hong Kong and Macau only. No international delivery service.
In certain circumstances our delivery partner may provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbor, reception or security upon your approval and their signature release; (c) redirecting to a collection point: collecting your package from a collection point nearby. If you select any of the optional services (including through a default preference you may have selected with our delivery partner separately) you acknowledge and agree that SHOPPICKS shall bear no extra delivery fee, responsibility or liability for any loss or damage that may result from delivering our order in that way.
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree with these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
(a) Access to the Website
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notice, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that the same communications be in writing.
- Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You must not use the Website for any of the following:
In any way breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose of effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”. To cause harm, annoyance, inconvenience or needless anxiety to any person.
We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding and indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
(c) Third Party Products and Services on the Website
The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Partners (the “Third Party Products and Services”). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserves the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach and Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk.
We make no guarantee that any or all features of the Websites, Services or Third Party Products and Service will work on any particular device.
We are happy for you to link to the Website, but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that arise from your use of them.
(e) Our liability in relation to the Website
We may update or change the Website or its contents at any time, but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displays on the Website.
Please note that we only provide the Website for private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that might infect your computer equipment, computer programs, data or other proprietary material due to you use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. Death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. Any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Partners’ supply of the products to you.
We are the owner or the licensee of all intellectual property rights on the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) (“Content”). The rights on the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors’ rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilize parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.
As a reputable and trusted business committed to offering its customers high quality products,we expect all Partners and other suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights. All Partners and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment. We will never knowingly allow a Partner to offer its products on the Website if such products are sourced from countries which are in breach of these principles. We also look to the Partners and other suppliers to instill these principles when dealing with their own suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as we continue to grow, we recognise the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of the products.
Some events/offers of the Website are conducted for designated brands and members only. Designated members shall sign in their accounts of the Website to view the details of the offer. As these events are exclusive events for selected members only, details of the events must not be shared or advertised in any way, including, but not limited to, on any website, blog, social media account, messaging application, email, work of mouth, etc. Partners must not promote these events as per network terms and conditions. SHOPPICK reserves all its rights (including where it is known or suspected you have passed these details on), which may involve suspending your account and/or voiding your transactions for the duration of Sale. SHOPPICKS reserves the right to withdraw the offer at any time without notice.
Returns, exchanges and refunds are not accepted. SHOPPICKS is a flash sales platform; all products bought are final sale.
Severability – Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver – If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
Entire agreement – These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control – We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our or the Partners reasonable control such as act(s) of God, wars terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption or transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our or the Partners’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Partners’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
Complaints – We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.
Anything related to your order, use of the Websites, these Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong.
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms and Conditions should be sent to us at firstname.lastname@example.org
In case of any discrepancies between the English and Chinese versions, the English version shall prevail.