General Terms and Conditions
General Terms and Conditions
1.1 We are hoyeah.com.hk, a wholly owned subsidiary of Nudento International Limited (collectively "we", the "Company" or "hoyeah") and we own and operate the site.
1.2 By using our site you agree to be bound by the following terms and conditions. Please read them carefully.
1.3 We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on our site. Your continued access and use of our site and our services shall represent your unconditional acceptance of the latest version of the terms and conditions.
1.4 The meaning of some words used in these terms and conditions:
1.4.1 we”, “us” or “our” is a reference to (name of person or company providing the services).
1.4.2 “you” or “your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.
1.4.3 “merchandise” means the goods or services you ordered through our site, which you will pay for.
1.4.4 “services” has the meaning given in clause 1.
1.4.5 “site” means our website located at http://hoyeah.com.hk, and any associated sites linked to it.
2.1 You are not required to register with us when you use the services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.
2.2 You represent to us that all purchases made by you through our site will be within the scope of your authority to conclude contracts.
2.3 In consideration of your use of our services, you agree to:
2.3.1 provide true, accurate, current and complete information about yourself when filling out our registration form; and
2.3.2 maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
3.1 When you place an order you are making an offer to buy the merchandise you have specified at the price stated for those merchandise. You cannot cancel an order once it has been shipped.
3.2 We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:
3.2.1 details of what you have ordered,
3.2.2 details of the price charged,
3.2.3 information about the progress of your order, and
3.2.4 estimated dispatch and delivery information.
This communication will be our acceptance of your order. You may track your order status online.
3.3 Our acceptance of your order will only cover the merchandise mentioned in it and may not cover all the merchandise you ordered. If this is the case, then the order you made for the remaining merchandise will only be accepted when we send a further acceptance of that part of your order.
3.4 The availability of the merchandise is as shown online and will be updated regularly. They should not be relied on as definite statements as to whether the merchandise you wish to purchase are actually in stock.
3.5 We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
3.5.1 no sufficient stock to deliver the merchandise you have ordered;
3.5.2 no delivery can be arranged for your area; or
3.5.3 one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error.
3.6 If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
4.1 We only accept credit card payments accepted by PayPal. When you place an order you authorise PayPal to debit the credit card you specify on your order for the amount of the order at the time we send our acceptance of your order. Title in the merchandise does not pass to you until payment has been received.
4.2 We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by the payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
5.1 We only make deliveries in the specified areas of Hong Kong from Monday to Saturday except Sundays, Public Holidays and when typhoon warning signal No. 8 or above or black rainstorm warning is in force. We do not make deliveries to P.O. box, restricted areas and places where charge fees for any reason. We reserve the right to decline delivery at our sole discretion. You agree and accept that you will collect your ordered merchandise from our office and under no circumstances will we accept cancellation of order or refund.
5.2 We will deliver the merchandise ordered by you to the address you give us for delivery at the time you make your order through our website. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order in the event of your failure to accept delivery for whatever reasons.
5.3 Unless otherwise specified, we will use all reasonable commercial endeavors to make delivery within 48 hours after your order is accepted. Subject to prior online arrangement, you may be offered to select from any one of the delivery method available at the time you make your order.
5.4 We may deliver the merchandise in one or more instalments. Any times and dates given for dispatch of merchandise, or the length of time that merchandise will take to be delivered, are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. You agree and accept that under no circumstances will we accept cancellation of order or refund.
5.5 You will become the owner of the merchandise you have ordered when they have been delivered to you. Once merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
5.6 Unless otherwise specified, delivery charge at the rate of HK$20 will be imposed on each delivery and we currently offer free delivery for each order over HK$300 for Hong Kong orders. Or, delivery charge at the rate of HK$40 will be imposed on each delivery and we currently offer free delivery for each order over HK$500 for Macau orders.
6. Returns or Exchanges
6.1 Unless otherwise specified, no return or exchange of merchandise will be accepted. Please read the returns or exchanges policy as specified in Shipping and Delivery page.
6.2 Subject to the returns or exchanges policy, merchandise may be returned or exchanged within seven (7) days of receipt if the merchandise you ordered are faulty, defective or damaged (with no fault on your part), or the merchandise are not what you ordered, or the delivery is of an incorrect quantity, provided that:
6.2.1 the returns or exchanges policy applies;
6.2.2 the merchandise are unused and in the condition originally sold together with all parts and accessories which are provided with the merchandise including manuals, certificates, labels, tags, consumables, bags, and boxes;
6.2.3 the packaging of the merchandise must be in the condition in which it was delivered to you; and
6.2.4 a request for return or exchange is sent to our customer service and the merchandise can be picked up from the delivery address.
6.3 You agree and accepted that merchandise accepted for returns are only eligible for refund in the form of Store Credit (Refund) carrying with an expiry date for your next purchase. No cash refund will be offered. If any promotional discount was applied to the total purchase amount at time of purchase, you will be refunded Store Credit (Refund) in the amount paid at the time of purchase for that item. If you have used Store Credit (Refund) on the purchase, the accumulated Store Credit (Refund) will be deducted from your user account. You agree and accept that all Store Credit (Refund) will be cancelled when your user account is terminated.
6.4 You agree and accept that merchandise is acceptable for exchange subject to stocks availability.
6.5 You agree and accept that it will be at our sole discretion whether the merchandise is accepted for return or exchange.
7. Disclaimer of Warranties and Limitation of Liability
7.1 We do not represent or warrant that access to our site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
7.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
7.3 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
7.4 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
7.4.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (including using our applications or software) or any information on our site;
7.4.2 the unavailability of our site (or any part of it), merchandise or services;
7.4.3 any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
7.4.4 any merchandise not being of merchantable quality or fit for their intended purpose; or
7.4.5 any misrepresentation on or relating to our site, the merchandise or the services.
7.5 Save as required by law:
7.5.1 we 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 us, and
7.5.2 we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
7.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from our site. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
7.7 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.
7.8 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
8. Linked Websites
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
9.1 We may terminate your access to our site or registration immediately if you are in breach of any of these terms and conditions.
9.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
10.1 We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
10.2 We have made every effort to make clear the quoted prices for merchandise available through our site exclude any relevant tax or duty. Please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by operation of law that is in addition to the price.
10.4 We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
10.5 We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
10.6 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 and conditions.
10.7 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
Terms and Conditions for Promotion Code
- 1. Promotion code or coupon offered by us shall only be applicable for one-off purchase at our site subject to special terms and conditions.
- 2. Promotion code or coupon is neither refundable nor redeemable for cash. Any unused amount will be forfeited.
We reserve the right to terminate or vary the above offers. In the event of any dispute, our decision shall be final and conclusive.
These terms and conditions form the integral part of the General Terms and Conditions.
Last Updated: June 2019