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Disclaimers

The Website is provided by HKP on an "as is" and "as available" basis. HKP does not warrant that the operation of the Website will be uninterrupted or error free. HKP disclaims to the fullest extent permissible by law, all representations and warranties, express or implied, in relation to or in connection with the Website, any Services, Products, Delivery Services, Order and other transaction conducted by means of the Website. HKP does not represent or warrant that the Website is suitable for any particular purpose or that it will meet any particular requirements.

The Content of the Website may contain technical inaccuracies or typographical errors. Users agree that the use of the Website is at their sole risk.

HKP does not represent or warrant that the Website or the server from or by or through which it is made available, or e-mails sent from HKP to Users, are free of viruses, trojans or other harmful components. Neither HKP nor any Related Persons will be liable for loss or damage arising out of or in connection with the use of the Website or its Content. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and Claims of third parties.

Linked Third Party Websites

The Website may contain hyperlinks to allow Users to access third party websites, which are not maintained or controlled by HKP. HKP does not review, endorse or recommend, and is not responsible for, any Linked Third Party Website. Such links are provided only as a convenience to Users. HKP is not liable for the Content of any Linked Third Party Website or for any Claims arising out of or in connection with the use or operation of any Linked Third Party Website.


Website Information

Website Information is for reference only. Whilst HKP endeavors to ensure the accuracy of Website Information, HKP gives no express or implied representation or warranty as to its accuracy, completeness or suitability for any purpose thereof. All liability of HKP howsoever arising from any inaccuracies, incompleteness or unsuitability in Website Information is expressly excluded to the fullest extent permitted by law. HKP is entitled to delete, suspend or edit any Website Information at any time at its absolute discretion without giving any reason or notice.

Users are responsible for making their own assessment of Website Information and Content. Users are advised to verify such Information and may wish to obtain independent advice before acting on it.


Product Information

HKP and Merchants endeavor to be accurate with regard to Product Information. However, HKP does not represent or warrant that Product Information is accurate, complete, reliable, current, or error-free and HKP accepts no liability to you in that regard.


Exclusion of Certain Categories of Loss

Neither HKP nor any Related Persons will be liable to you for any Claim to the extent that the same is or can be characterized as a Claim for (or arising from):

 

  1. any economic loss (including, loss of business opportunity, goodwill, contracts, revenue, profit or anticipated savings);
  2. loss of goodwill or injury to reputation;
  3. indirect, special or consequential loss or damage; or
  4. loss of data

regardless of the form of action, whether in contract, strict liability, tort (including negligence) or otherwise, and regardless of whether HKP or the Related Persons knew or had reason to know of the possibility of the loss, injury or damage in question.


Death or Personal Injury

HKP shall not be under any liability whatsoever for or in respect of any injury to or death of any Customers save and except where any such injury or death is caused by the Negligence of HKP. For the purposes of this paragraph 'Negligence' shall have the same meaning as that assigned to it in Section 2(1) of the Control of Exemption Clauses Ordinance (Chapter 71 of the Laws of Hong Kong).


Merchant Products and Delivery Services

No Merchant Products mentioned, introduced, or sold on or over the Website are offered or provided by HKP. You place no reliance whatsoever on HKP or any Related Persons regarding the accuracy or reliability of any of the information that may be accessed by means of the Website concerning the Merchant Products. The contracts for the purchase, acquisition or obtaining of the Merchant Products including the delivery or incidental services in respect of the Merchant Products will be made between the Customer and the Merchant offering, providing or selling the same. HKP is not a party to these contracts and is simply providing a means by which business can be assisted and/or on-line payments made. In this regard, neither HKP nor its Related Persons is acting or holding itself out as the agent of the Merchant or the Customer.

You are strongly encouraged to review the product information before proceeding with any transaction with the Merchants. HKP and its Related Persons make no and/or disclaim all representations and warranties, express or implied, (if any), with respect to availability, merchantability, fitness for a particular purpose of the Merchant Products. HKP and its Related Persons shall not be responsible and shall in no event be liable for any damage whatsoever, including, without limitation, costs of procurement of substitute goods or services, loss of profits, loss of data or any direct, indirect, special, punitive, incidental, exemplary or consequential damages relating to the unavailability, use, inability to use, performance or non-performance of the Merchant Products that are mentioned, introduced, or sold on or over the Website.

HKP provides logistics and delivery services to the Merchant in relation to the delivery of Merchant Products to the Customer and in the return/exchange of Merchant Products. Such logistics and delivery services will benefit the Customer as a third party. For example, the Customer may use the postal tracking services provided by HKP to track delivery of the Merchant Products. The Customer acknowledges that the contract for logistics and delivery services is between HKP and the Merchant. HKP and its Related Persons shall not be held liable to the Customer and/or the recipient of the Merchant Products for any non-delivery, delay in delivery, loss of or damage to the Merchant Products due to the breach by HKP of any of its obligations in the provision of these logistics and delivery services.

Subject to the above, delivery of Merchant Products to the Customer is subject to the prevailing standard terms and conditions of service for the particular type of Delivery Services selected by the Customer. The Delivery Services provided by HKP may be modified, replaced or substituted by HKP from time to time. Please read the special remarks under the Product information or refer to the relevant section of the FAQs for details.

Delivery of Merchant Products from outside Hong Kong to the Merchant or its agents is undertaken by the Merchant's own service provider and not HKP. HKP and its Related Persons are not responsible for nor are they liable to the Customer for transportation and delivery of the Merchant Products by these service providers.

 

Conditions of Service

 

Definitions

In the Terms:

"Claims" means all claims, liability, damages, losses, costs and expenses, including legal fees;

"Content" means the content on the Website or a Linked Third Party Website, as the case may be, including the information, text, icons, logos, illustrations, hypertext links, HTML codes, data, trade or service marks, software, music, sound, video clips, audio clips, photographs, designs, graphics, images, still pictures, series of moving pictures (whether animated or not), digital downloads, advertisements, products, goods, services or any compilation or combination of them and any other materials or services on or available from that website;

"Cookies" means small text files used to identify your computer and to store information about your use of the Website;

"Customer" means the person placing an Order;

"Delivery Services" means (i) the delivery services provided by us to the Merchant for the benefit of the Customer in relation to the Merchant Products including any logistics services associated with or incidental to the delivery services provided by HKP to the Merchant or for the benefit of the Customer; or (ii) delivery services provided by us to the Customer in relation to the HKP Products;

"FAQs Section" means the part of the Website where HKP answers possible questions from Users;

"HKP", "We", "we", "Us" and "us" means Hongkong Post, the trading name of the Hong Kong Post Office, which is a department of the Government of Hong Kong;

"HKP Product" means a Hongkong Post branded product offered for sale by HKP by means of the Website;

"HKP Product Terms" means the terms and conditions which apply (in addition to the Terms) to the purchase of the relevant HKP Product and which are set out in the relevant Product Section;

"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;

The expressions "for example", "including", "include", "other", "otherwise" and "such as" are to be construed without limitation;

"Linked Third Party Website" means any website linked to or accessible by means of the Website;

"Member" means a User who has registered as a member of ShopThruPost;

"Membership Account" means a Member's ShopThruPost account maintained with HKP upon successful registration as a Member;

"Membership Terms" means the terms on which a User is registered as a member of ShopThruPost;

"Merchant" means any third party other than HKP whose merchandise, products or services are mentioned, introduced or sold on or over the Website;

"Merchant Product" means a product offered for sale by a Merchant on or over the Website and identified as such in the relevant Product Section;

"Merchant Product Terms" means the terms and conditions which apply (in addition to the Terms) to the purchase of the relevant Merchant Product and which are set out in the relevant Product Section;

"Order" means an order for a Product (including the Delivery Services, if applicable) placed by means of the Website;

"Persons" includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, foundations and trusts (in each case, whether or not having separate legal capacity);

"Personal Data" means the personal data (as defined in the Personal Data (Privacy) Ordinance) of a User held by HKP;

"Personal Information" means the personal information that a User is required to submit upon registration as a Member and/or before placing an Order;

"Products" means both HKP Products and Merchant Products;

"Product Information" means information on a Product set out in the relevant Product Section;

"Product Section" means the part of the Website that sets out details of a particular Product including any special terms and conditions applicable to the purchase of that Product;

"Personal Data (Privacy) Ordinance" means the Personal Data (Privacy) Ordinance (Chapter 486) of the Laws of Hong Kong;

"Related Persons" means all and any officers, representatives, employees, agents, sub-contractors and suppliers of HKP;

"Returned Product" means Product returned by a Customer to HKP or Merchants in accordance with the Product Return and Exchange Policy;

"Services" means the services provided by HKP by means of the Website;

"Service Information" means information relating to Services set out in the relevant section of the Website;

"SSL" means the 128- bit Secure Socket Layer encryption technology for encryption over the Internet to protect data;

"Subscriber" means any person who has signed up with HKP (by means of the Website or other means) and has denoted to receive from time to time the ShopThruPost e-newsletter or other electronic publication issued by HKP. "Subscription" shall be construed accordingly;

"Terms" means these terms and conditions which shall also include:

 

  1. the answers to the questions in the FAQs Section;
  2. the current prices for the Products and Delivery Services;
  3. the Membership Terms , the HKP Product Terms and/or the Merchant Product Terms (as the case may be);
  4. the Privacy Policy and Personal Data Collection Statement;
  5. the Disclaimer; and
  6. the Copyright Statement.

 

"User" and "you" means the person accessing or using the Website;

"Website" means the website operated and administered by HKP from the URL www.shopthrupost.hk as may be modified, replaced or substituted from time to time;

"Website Information" means all information posted on the Website including Product Information and Service Information; and

"Working day" means a day on which the commercial banks are open for business in Hong Kong.

Terms of Use

These are the terms and conditions under which you are permitted to access and use the Website. Please read them carefully. If you are not able to enter into legally binding contracts, are under the age of 18, or if you do not agree to the Terms, you must not access or use the Website or Services, register as a Member, sign up as a Subscriber and/or place any Order. To register as a Member or Subscriber or to place an Order, you must be at least 18 years old. While using the Website, you must not contravene any laws, third party rights, or the Terms. HKP reserves the right to request you to provide your identity document including photocopies of your Hong Kong identity card or passport, credit card, debit card or smart card used for payment of the Order, proof of address or any other relevant information or documents as may be specified by HKP for the purposes of ascertaining that you are the rightful owner of the credit card, debit card or smart card used in the transaction and/or to verify your age and legal capacity.

HKP is entitled to revise the Terms at any time and from time to time by modifying or replacing the Website. You should therefore visit the Terms periodically to ensure you are aware of any modifications or replacements. You are responsible for doing so. If you do not agree to the Terms as they apply to your access and use of the Website from time to time you should stop accessing and using the Website, placing Orders and being a Subscriber.

You agree to indemnify HKP and all Related Persons from and against all Claims arising out of any breach by you of the Terms or your access to and/or use of the Website including all Orders you place.


Registration as a Member

When you access the Website you will be asked if you wish to register as a Member with us. In registering as a Member you represent and undertake:-

 

  1. that you are at least 18 years old;
  2. that you have registered using true, accurate and up-to-date Personal Information;
  3. that you have registered with your own Personal Information and not that of any other person; and
  4. to inform us immediately, by updating your Personal Information online, if there is any change in your Personal Information so that we can ensure this remains true, accurate and up-to-date.


Placing Orders (Members and non-Members)

If you have already registered as a Member, we will use your Personal Information, together with the other information we collect prior to the Order, to process your Order. If you have not registered as a Member we will also need to collect your Personal Information prior to your placing an Order. With regard to this Personal Information you represent and undertake:

 

  1. that you are at least 18 years old;
  2. that it is true, accurate and up-to-date;
  3. that it is your own Personal Information and not that of any other person; and
  4. to inform us immediately, by updating your Personal Information online, if there is any change in your Personal Information so that we can ensure this remains true, accurate and up-to-date.

 

In any case, if you fail to provide any Personal Information that is true, accurate, complete and up-to-date (or we have reasonable grounds to suspect this is the case), we have the right to suspend or terminate your account and/or your Subscription and/or to refuse you any and all current or future access to and use of the Website (or any part thereof).

Privacy Statement

Disclaimers


Products
Merchant Products and Delivery Services

No Merchant Products mentioned, introduced, or sold on or over the Website are offered or provided by HKP. You place no reliance whatsoever on HKP or any Related Persons regarding the accuracy or reliability of any of the information that may be accessed by means of the Website concerning the Merchant Products. The contracts for the purchase, acquisition or obtaining of the Merchant Products including the delivery or incidental services in respect of the Merchant Products will be made between the Customer and the Merchant offering, providing or selling the same. HKP is not a party to these contracts and is simply providing a means by which business can be assisted and/or on-line payments made. In this regard, neither HKP nor its Related Persons is acting or holding itself out as the agent of the Merchant or the Customer.

You are strongly encouraged to review the product information before proceeding with any transaction with the Merchants. HKP and its Related Persons make no and/or disclaim all representations and warranties, express or implied, (if any), with respect to availability, merchantability, fitness for a particular purpose of the Merchant Products. HKP and its Related Persons shall not be responsible and shall in no event be liable for any damage whatsoever, including, without limitation, costs of procurement of substitute goods or services, loss of profits, loss of data or any direct, indirect, special, punitive, incidental, exemplary or consequential damages relating to the unavailability, use, inability to use, performance or non-performance of the Merchant Products that are mentioned, introduced, or sold on or over the Website.

HKP provides logistics and delivery services to the Merchant in relation to the delivery of Merchant Products to the Customer and in the return/exchange of Merchant Products. Such logistics services will benefit the Customer as a third party. For example, the Customer may use the postal tracking services provided by HKP to track delivery of the Merchant Products. The Customer acknowledges that the contract for logistics and delivery services is between HKP and the Merchant. HKP and its Related Persons shall not be held liable to the Customer and/or the recipient of the Merchant Products for any non-delivery, delay in delivery, loss of or damage to the Merchant Products due to the breach by HKP of any of its obligations in the provision of these logistics and delivery services.

Subject to the above, delivery of Merchant Products to the Customer is subject to the prevailing standard terms and conditions of service for the particular type of Delivery Services selected by the Customer. The Delivery Services provided by HKP may be modified, replaced or substituted by HKP from time to time. Please read the special remarks under the Product information or refer to the relevant section of the FAQs for details.

Delivery of Merchant Products from outside Hong Kong to the Merchant or its agents is undertaken by the Merchant's own service provider and not HKP. HKP and its Related Persons are not responsible for nor are they liable to the Customer for transportation and delivery of the Merchant Products by these service providers.

 

HKP Products and Delivery Services

HKP hereby disclaims, to the extent permissible under all applicable law, all representations and warranties, whether express or implied, in respect of HKP Products. Delivery of HKP Products to the Customer is subject to HKP's prevailing standard terms and conditions of service for the particular type of Delivery Services selected by the Customer. The Delivery Services provided by HKP may be modified, replaced or substituted by HKP from time to time. Please read the special remarks under the Product information and refer to the relevant section of the FAQs for details.


Pricings

Prices for Products are set out in the relevant Product Section. However, HKP cannot confirm the price of a Product until the Order is placed. Whilst we make reasonable commercial efforts to ensure that price information is correct and up-to-date, if it is not up-to-date or there is any mistake in that regard for whatever reason, including our having been supplied with incorrect information by any Merchant or supplier, such that the correct price for such Product and/or Service differs from the price shown on the Website, we shall:

 

  1. if the correct price is lower than the shown price, charge you the lower price (and refund the excess to you as soon as possible without interest); or
  2. if the correct price is higher than the shown price, be entitled, at our entire discretion, to either contact you to confirm your agreement to the correct price or cancel your Order and notify you of such cancellation.

If we cancel your Order, we will refund to you any amount paid to us as soon as possible without interest but this is the maximum extent of our liability to you in respect of that Order.

In any event we reserve the right to decline or cancel Orders, to decline to provide any Services, Products and/or Delivery Services or cancel any Membership Account in our absolute discretion at any time without giving any reason.


Product Return and Exchange Policy

If you are not satisfied with any Merchant Product which you have purchased through the Website, please check with the Merchant Product page for details on the product return/exchange policy of the Merchant. Please note that the Merchant may revise its product return / exchange policy from time to time.

If you wish to return the Merchant Product and request for a refund of the purchase price or wish to exchange the Merchant Product for other Products from the same Merchant, SUBJECT TO the individual Merchant's own product return/exchange policy, you may do so in accordance with the conditions set out below.

If you are not satisfied with the HKP Product which you have purchased through the Website, subject to and in accordance with the conditions set out below, you may return to us the HKP Product and request a refund of the purchase price.

 

Conditions for Product Return/Exchange

 

  1. The Returned Product must be purchased through the Website.
  2. The Products set out under "Products Not Returnable" are not returnable.
  3. The Returned Product must be returned to us within 14 working days of your date of receipt and at your sole cost and expense.
  4. The Returned Product must be unopened in its original packaging with all contents intact. The Product should not be returned if the packaging of the Product has been opened, or if the Product is used or damaged.
  5. The Order reference number of the Returned Product, your name and contact details should be given in writing to us.

You are advised to send the Returned Product to us by registered mail if you are in Hong Kong or by registered air mail or Speedpost if you are overseas to ensure that the Returned Product will reach us. HKP shall not be held responsible for any loss of the Returned Product if it fails to reach HKP.

Under normal circumstances, a refund/exchange request will be processed by HKP within 30 working days of receipt of the Returned Product and all information required. In the case of refund/exchange of Merchant Products, the processing time is also subject to the processing time of the Merchant.

HKP will notify you by e-mail as to whether your refund/exchange request is accepted, and the procedure for refund/exchange if your request is accepted, or the procedure for collection of the Returned Product if your request is rejected. If there is any dispute as to refund/exchange, HKP's decision shall be final.

If your refund/exchange request is rejected, you shall be responsible for collecting the Returned Product from HKP at such location as designated by HKP at your own cost and expense within 14 working days of our notice to you failing which HKP has the right to dispose of the Returned Product in such manner as HKP thinks fit. You agree not to claim against HKP for any compensation or damages for such disposal.

HKP reserves the right to revise the Product Return/Exchange Policy at any time as HKP thinks fit without prior notice to you. You are advised to check HKP's Product Return/Exchange Policy as posted on the Website from time to time.

 

Products Not Returnable

HKP does not accept return of the following Products:

 

  • Philatelic products
  • Food products or other products which are perishable including grocery and gourmet gift baskets and agricultural products
  • Cosmetics
  • Downloadable software products


Transmission and Processing of Orders

You acknowledge that the processing and transmission of Orders may involve:

 

  1. the transmission of data over various communication networks; and
  2. changes to such data in order to conform or adapt to the technical requirements of connecting networks or devices.

HKP shall, accordingly, in no circumstances, be liable for your or HKP's inability to obtain (in whole or in part) any Services, Products or Delivery Services due to the delay or failure of any communication networks or the failure of any Merchant.


Online payments

If you use the Website to make payment, we will not be liable to you for or in respect of any loss or damage (including indirect and consequential loss and damage) suffered by you by reason of or in connection with any:

 

  • failure, delay, interruption, suspension or restriction of the transmission of any information or message from any system or process used, maintained or provided by any relevant banks and/or Merchants for processing credit, debit, smart card or other method of payment;
  • error in or omission from any information or message transmitted by means of the said system or process;
  • breakdown, malfunction or failure of the said system or process; and
  • anything arising out of or in connection with the above.


>Copyright Statement


Additional Terms

The provision of certain Products may be subject to additional HKP Product Terms or Merchant Product Terms. The terms will be made known to you upon your expressing an intention to order the Product. These additional HKP Product Terms and Merchant Product Terms are incorporated by reference into the Terms.


Modification of Services

HKP reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) or remove any Product mentioned, introduced, or sold on or over the Website with or without notice. You agree that HKP shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.


Limitation of Liability

HKP's liability, if and to the extent it is held liable despite these Terms, to Customer in relation to HKP Products shall be limited to the amount of the price paid by the Customer for the relevant HKP Product.


Conflict between Terms

If there is any conflict or ambiguity between any provisions contained in the Terms (excluding those at (i) and (ii) below) and

 

  1. the FAQs Section; or
  2. any provision in the HKP Product Terms or Merchant Product Terms (as the case may be)

the provision in the Terms (excluding those at (i) and (ii) above) shall take precedence.

The Website and the Terms are accessible in both an English language version and a Chinese language version. In the event of any conflict or inconsistency between these versions, the English version shall prevail.


Compliance with Laws

Each User undertakes to HKP to comply with all laws, statutes and regulations whether applicable in Hong Kong or elsewhere which apply to that User's access to or use of the Website and/or any transactions conducted by means of the Website including the placement and fulfillment of Orders.


Governing Law and Jurisdiction

The Terms shall be governed by and construed in accordance with the laws of Hong Kong. In the event of any disputes or Claims arising out of or in connection with the Terms, Users, Subscribers and Customers agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.


Entire Agreement

The Terms set out the entire agreement between Users, Subscribers or Customers (as the case may be) and HKP relating to the Services and shall supersede any and all prior representations, warranties and undertakings in respect of the Services.

You acknowledge and agree that in agreeing to the Terms, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking of any person other than as expressly set out in the Terms.


Variations

HKP is entitled to revise the Terms at any time and from time to time by modifying or replacing the Website. You should therefore visit the Terms periodically to ensure you are aware of any modifications or replacements.


Severance

If any of the Terms shall be found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other Terms which shall remain in full force and effect.


Headings

Headings used in the Terms are for reference only and shall not define or limit the scope of any paragraph.


Prior Terms

Any Terms in force prior ("the Prior Terms") to the commencement of the / coming into force of the current Terms posted on the Website ("the Current Terms") shall cease to have effect from the date of the posting of the Current Terms, provided that such cessation shall not affect the accrued rights and obligations of Users, Subscribers, Customers and HKP under the Prior Terms prior to the posting of the Current Terms.


Copyright Statement

Ownership and Right to Use

The Content on the Website is protected by copyright.

Users acknowledge and agree that:

 

  1. the Content on the Website is owned by HKP or its licensors; and
  2. the compilation of Content on the Website is owned by HKP.

Users are permitted to use the Content on the Website for personal non-commercial use only. No part of the Content on the Website may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial or public purposes without HKP's prior written consent. Content on the Website may be used, downloaded and copied only for the purpose of placing an Order and/or for a directly related personal purpose. Any other use, download, reproduction, modification, publication, performance, distribution or transmission of the Content on the Website or the creation of derivative works from or the sale or exploitation in any way of such Content is strictly prohibited.

The HKP names and logos "Hongkong Post", "hongkongpost.com", "ShopThruPost" and "shopthrupost.com.hk" are trademarks of HKP and are owned by the Government. No trademarks, logos and services marks displayed on the Website shall be used without the prior written consent of the Government and/or other parties whose consent may be required.

 

Infringement

HKP respects copyright law and expects its Users to do the same. Unauthorized copying, distribution, modification and public display of copyrighted works is an infringement of the copyright holders' rights. As a condition of your access to the Website, you agree that you will not access or use or permit the Website to be accessed or used for infringing the intellectual property rights of others. Without prejudice to other accrued rights, HKP reserves the right to terminate the registration of any Member or Subscriber upon notice of any infringement of the copyright or other intellectual property rights of others in connection with the access or use of the Website. HKP will investigate any information it receives in relation to copyright infringement committed by any Member or Subscriber or User of the Website.

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