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Terms and Conditions

Terms and Conditions

Thank you for visiting our website. Please be sure to carefully read the terms and conditions contained in this document, as any use of this website signifies that you accept the terms and conditions listed herein.

1. SERVICES

1.1 We are I-ELEMENT (hereinafter referred to as "we," "the company," or "I-ELEMENT"), and we own and operate the website. Our website provides a convenient shopping model via the Internet (including through the use of applications or software) (the "Services").

1.2 By using the website, you agree to be bound by the following terms and conditions. Please read these terms and conditions carefully.

1.3 The meanings of certain terms used in these terms and conditions:

1.3.1 "We" refers to the name or designation of the person or company providing the services.

1.3.2 "You" refers to the person to whom we provide services or deliver goods, and who is required to pay for the goods delivered by us.

1.3.3 "Content" refers to all text, images, logos, icons, photographs, video, moving visual representations, or sounds, as well as any images, sounds, computer programs, and other materials selected, displayed, or used by our website.

1.3.4 "Goods" refers to the products or services that you order through our website and for which you will make payment.

1.3.5 "Intellectual Property Rights" refers to any and all patents, trademarks, domain rights, design rights, copyrights, and database rights (whether registered or not, and the rights to apply for registration of any of the aforementioned), as well as trade secret rights and all other intellectual property rights of similar or corresponding nature that may exist anywhere in the world now or in the future.

1.3.6 "Services" has the meaning assigned in Section 1.1.

1.3.7 "Website" refers to I-ELEMENT and any related websites connected to it.

1.3.8 "User Content" refers to the meaning assigned in Section 10.1.

1.3.9 "Member" refers to you as a registered user through the I-ELEMENT website.

2. REGISTRATION

2.1 You must register with us when using the services or making an order. By registering, you declare (and we are entitled to rely on this declaration) that you are at least 18 years old and have the capacity to enter into a legally binding contract.

2.2 You declare to us that all orders made through our website will be within your authority to enter into a contract.

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 the registration form; and

2.3.2 Maintain and promptly update your registration information to ensure that it remains true, accurate, current, and complete. If we have reasonable grounds to suspect that any information is false, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your registration.

3. ORDERING

3.1 We are responsible for managing the website, arranging the order processing, and completing the delivery of the goods ordered by you through our website.

3.2 When you place an order, you are purchasing the goods from us at the specified price. Once submitted, the order cannot be canceled, even if we have not yet accepted or rejected your order.

3.3 We will confirm receipt of your order via email. The confirmation email will provide:

3.3.1 Details of your order,

3.3.2 Details of the price charged, and

3.3.3 Information for tracking your order.

         This message will indicate our acceptance of your order. You can track the status of your order online.

3.4 We reserve the right or full discretion to refuse or cancel any order for any reason, including but not limited to:

3.4.1 Insufficient stock of the goods you ordered;

3.4.2 Inability to arrange delivery to your area; or

3.4.3 Errors in the pricing information of one or more items ordered due to human or computer errors.

3.5 If we cancel your order, we will notify you via email and will refund any amounts deducted from your credit card/bank account within thirty (30) days from the date of your order (after deducting any applicable credit card processing fees). You accept that we are not required to provide any compensation for your dissatisfaction. 


4. PRICES AND PAYMENTS

4.1 We make every effort to maintain accurate and up-to-date prices displayed on the website.

4.2 If we cancel an order and you have made any payment, we will refund you. You agree and accept that we are not required to provide any compensation for your dissatisfaction.

4.3 We only accept payments via credit card (Visa & Mastercard), Apple Pay, AliPay, Payme, Wechat Pay, Octopus, and bank transfer. By placing an order, you authorize us to charge the specified amount to your designated credit card at the time we accept your order. Ownership of the goods will not transfer to you until payment is received.

4.4 We use third-party payment services for online transactions. By placing an order, you agree and accept that your credit card information will be collected, processed, and retained by us and the payment service provider, subject to their terms and conditions. You agree and accept that you alone will bear any loss incurred or arising from your credit card transactions, and we shall not be liable for any such losses in any circumstance.


5. DELIVERY

5.1 We will deliver the goods you ordered to the delivery address you provided via our staff/SF Express/other courier companies. Upon confirming receipt of the goods, you agree to present a photo ID upon request. When the goods are delivered to your provided address, they are considered delivered to you and received by you. If you fail to receive the goods for any reason, you agree and accept that we have the right to charge you additional fees or cancel your order.

5.2 Any times and dates related to the shipment of goods, or the delivery time required, are estimates only. If we are unable to meet any specified shipping or delivery dates or times, we will notify you of the progress regarding your order. You agree and accept that under any circumstances we will not accept order cancellations or refund you.

5.3 Once the goods you purchased are delivered to you, you will become the owner of the goods. After the goods have been delivered to you, you will assume the risk of holding the goods, and we will not be responsible for any loss or damage to them.


6. RETURNS OR EXCHANGES

6.1 7-day inspection period (unopened) and defect exchange protection.

6.2 If the goods you ordered are defective or damaged (not due to your fault), or if the goods are not what you ordered, or the delivered quantity is incorrect, you may request an exchange within seven (7) days of receipt, provided that:

6.2.1 The exchange policy applies;

6.2.2 The goods have not been used and are in their original selling condition, along with all parts, accessories, and samples provided with the goods (if any);

6.2.3 The packaging of the goods must be in the same condition as when delivered to you; and

6.2.4 The request for exchange is sent to our customer service representative via the order communication function or the provided email address within the specified period.

6.3 You agree and accept that whether or not to accept the exchange of goods is subject to stock availability.


7. DISCLAIMER AND LIMITATION OF LIABILITY

7.1 We do not represent or warrant that access to our website (including the use of mobile applications or software) or any part thereof will be uninterrupted, reliable, or error-free.

7.2 We do not represent or warrant that our website or any of its content will be accurate, complete, or reliable.

7.3 We do not represent or warrant that:

7.3.1 Any service (whether provided by us or not) will be provided with appropriate care and skill; or

7.3.2 Any goods (whether provided by us or not) will be of merchantable quality or suitable for any particular purpose (even if we have been informed of that purpose in advance).

7.3.3 We make no guarantees regarding the quality of any goods not provided by us. We will not be liable for any aspects of such products, nor will we be liable for any loss incurred by you or any other person as a result of the products.

7.4 You agree that no data transmission over the internet can be guaranteed to be completed. While we strive to protect such information, we do not guarantee and cannot ensure the security of any data you transmit to us. Any data you transmit to us is at your own risk.

7.5 To the extent permitted by law, we exclude all liability to you for the following reasons (whether arising in contract, tort, or otherwise and whether or not due to our negligence):

7.5.1 Any inaccuracies, errors, or omissions in our website (including the use of applications or software) or in any related technical, factual, textual, or printed information;

7.5.2 Failure to provide our website (or any part thereof), goods, or services;

7.5.3 Any delays in providing, failure to provide, or making goods or services available, or any negligent provision of goods or services;

7.5.4 Any goods not being of merchantable quality or suitable for their intended purpose; or

7.5.5 Any false statements regarding our website, goods, or services.

7.6 Except as provided by law

7.6.1 We shall not be liable to you for any indirect or consequential loss, damage, or expense arising, including loss of profits, business, or goodwill caused by any issues you inform us of.

7.6.2 We shall not be liable to pay you any compensation unless expressly stated otherwise in these terms and conditions.

7.7 You must comply with and adhere to all applicable regulations and laws, including obtaining all customs, import, or other permits required for the purchase of goods from our website. We make no representations or assume any liability regarding the export or import of goods purchased by you.

7.8 You agree that these limitations are reasonable given the nature of our website.

7.9 In the event that we are unable to accurately provide the services you require due to force majeure (including but not limited to natural disasters, fire, flooding, accidents, riots, wars, government policies, strikes, or any uncontrollable circumstances), I-ELEMENT shall not be liable to users or any third parties.

7.10 Product images are for reference only; the actual item received shall prevail.

7.11 Our company may host services provided by third-party traders on our website. If you wish to use, order, or receive any of their services and/or products, please be aware that any identifiable personal information you provide will be beyond our control once transmitted to the respective trader, and is not covered by our protection.

7.12 I-ELEMENT may include information provided by third parties or links to other websites. We shall not be liable for the operation or content of any third-party information or other websites (whether or not linked to I-ELEMENT) that are not under our direct control. If any other website establishes a link to I-ELEMENT without prior consent, I-ELEMENT reserves the right to request the removal of such link.

7.13 I-ELEMENT shall not be liable to users or any third parties for any matters arising from tort, contract, law, or otherwise (including but not limited to negligence, breach of contract, defamation, or infringement of intellectual property rights):

a. Any direct loss;

b. Any consequential or indirect loss (including but not limited to loss of income or profits); or

c. Any responsibilities incurred by users or any other persons due to the relevant information or use of I-ELEMENT.

7.14 The above exclusions do not affect any statutory rights that cannot be excluded. However, in such cases, our liability (to the extent permitted by law) shall be limited to supplying you with the service or goods again.

7.15 The above exclusions or limitations shall be interpreted as independent and severable provisions within these terms and conditions.


8. GUARANTEE

8.1 You represent, warrant, and undertake that you will not:

8.1.1 Use our website for any fraudulent or illegal purposes;

8.1.2 Use our website to defame, insult, harass, stalk, threaten, or infringe the rights of others (including but not limited to the rights to privacy or publicity of others);

8.1.3 Interfere with or disrupt the operation of our website or the servers or networks used by our website; or violate any applicable regulations, procedures, policies, or laws related to the network;

8.1.4 Transmit or distribute any harmful, invasive, or potentially damaging viruses, worms, Trojan horses, or other computer code that may harm or monitor the operation of any hardware, software, or device.

8.1.5 Reproduce, copy, sell, resell, or exploit any part of our website (including applications or software) for any commercial purposes, or its use or connection;

8.1.6 Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of our website (including applications or software);

8.1.7 Construct or replicate any part of the website without our prior written consent;

8.1.8 Create a database by systematically downloading and storing content, user content, or any website content; and

8.1.9 Infringe any copyright, design rights, or intellectual property rights associated with the goods.


9. CONTENTS

9.1 All intellectual property rights in the content are owned, controlled, or licensed by us.

9.2 Except as authorized, these terms and conditions do not grant you any rights or interests in the content, and we reserve all other rights.

9.3 Subject to these terms and conditions, you may use the content for your personal use.

9.4 Unless you have our explicit written consent or are expressly authorized by law, you shall not:

9.4.1 Use the content for any commercial or other non-personal purposes;

9.4.2 Copy the content or transmit it to any other device or any other person; or

9.4.3 Reproduce, distribute, publicly communicate, modify, reformat, create derivative works, or display the content.

9.5 You acknowledge and agree that if you violate any provision of this clause, we may, at our sole discretion, cease supplying any content to you.

9.6 We will make all reasonable commercial efforts to ensure the accuracy of the content, but we do not guarantee or represent (expressly or implicitly, statutorily or otherwise) the accuracy, quality, or completeness of the content or its suitability for any purpose, and we will not be liable in this regard. You also agree that advertisers bear full responsibility for the advertising content displayed on our website. The placement of such advertisements does not constitute our endorsement or approval of the advertisers' products, and each advertiser is fully responsible for any statements made in their advertisements. We will not be liable for any losses incurred by you due to reliance on the accuracy of the information contained on our website.


10. USER-GENERATED CONTENT

10.1 When you submit any user-generated content on our website (including all text, files, images, photographs, sound, video, or other materials) ("User Content"), you grant us a perpetual, irrevocable, non-exclusive, worldwide, transferable, sublicensable, fully paid-up, royalty-free license to reproduce, distribute, publicly communicate, publicly perform, modify, create derivative works, display, and otherwise use the User Content on the website (including but not limited to promoting and sharing parts or all of the website in any media format and through any media channels). Without limitation, the rights granted to us under this Clause 10.1 include the right to grant sublicenses to other users of the website to use the User Content as permitted by the website's functionalities from time to time. You hereby waive and encourage all other original authors of the User Content to waive all moral rights (including the right to attribution of authorship or the right to object to derogatory treatment of the User Content) in relation to the User Content, regardless of whether such rights exist now or in the future anywhere in the world.

10.2 You represent, warrant, and covenant:

10.2.1 You have the legal rights and powers to grant the license set forth in Clause 10.1 above;

10.2.2 You are the owner of the User Content and/or have all necessary rights, consents, permissions, and licenses to grant the license set forth in Clause 10.1 above;

10.2.3 Our exercise of the license granted in Clause 10.1 above will not infringe any third party's intellectual property rights or other rights;

10.2.4 If the User Content identifies any individual (whether by name, image, or otherwise), you have obtained all necessary consents and permissions from such individuals to allow us to use the User Content under the license granted in Clause 10.1 above;

10.2.5 The User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, intended to harass any person, or inappropriate for display on the website; and

10.2.6 Upon our request, you will provide us with written copies of any consents, permissions, and licenses you have obtained.


11. INDEMNITY

You agree to indemnify us and all our directors, employees, and contractors against any claims, losses, damages, costs, expenses (including legal expenses), or other liabilities arising from your breach of any covenant, warranty, representation, or agreement contained herein, and to hold us harmless.


12. LINKED WEBSITES

Several links (including hyperlinks) in our website will direct you away from our site. The links are provided for your convenience only, and the inclusion of any link does not imply our endorsement or approval of the linked website, its operators, or its content. We are not responsible for any content on websites outside of our own.


13. TERMINATION

13.1 If you breach any terms and conditions, we may immediately terminate your access to our website or your registration.

13.2 Any rights accrued by either party as of the termination date will remain enforceable after termination.


14. INTELLECTUAL PROPERTY

14.1 All content, user content, designs, text, images, and other materials on our website, along with their selection or arrangement, are owned, controlled, or licensed by us. Unauthorized use without prior written approval is strictly prohibited.

14.2 All trademarks, product names, and company names or logos on our website are the property of us or their respective owners. We do not grant permission for the use of any such trademarks, appearances, product names, company names, logos, or titles, and such use may constitute an infringement of the rights of the holders.


15. GENERAL ISSUES

15.1  If any declarations and warranties in these terms are made to us through our website, you acknowledge and agree that such declarations and warranties are intended to grant rights to us and are made for our benefit, and we may rely on and enforce the declarations and warranties made by you.

15.2  We reserve the right to modify the content of the website (including the services we provide) and these terms and conditions at any time without prior notice. If these terms and conditions are amended, the changes will be published on the website. Continued use of our website after any such changes shall constitute your agreement to and acceptance of the revised terms and conditions of use. This right includes the right to amend any documents forming part of these terms and conditions.

15.3 We do take concern on privacy seriously. Our privacy policy covers our use of any information provided by you. By using our services, you consent to our collection, storage, and use of your information in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.

15.4 We reserve the right, at our sole discretion, to deny users access to our website or any part thereof without prior notice, and may refuse to provide our services to any user who violates these terms and conditions.

15.5 We shall not be liable to you for any breach of these terms and conditions of use, nor shall we assume any responsibility for any failure or delay in providing our services through the website due to any event or circumstance beyond our reasonable control.

15.6 If any provision of these terms and conditions is deemed invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or enforceability of any other provision, and the invalid provision shall be deemed severed from these terms and conditions.

15.7 We may assign these terms and conditions or appoint any third party, including group companies, to provide services to you on our behalf or to fulfill any of our obligations under these terms and conditions.

15.8 You may not assign or otherwise transfer all or part of your rights and obligations under these terms and conditions without our prior written consent.

15.9 These terms and conditions set forth the entire agreement and understanding between the parties and supersede all prior oral or written agreements, understandings, or arrangements relating to the subject matter of these terms and conditions. Neither party shall have the right to rely on any agreement, understanding, or arrangements relating to the subject matter herein.  Neither party shall have the right to rely on any agreement, understanding, or arrangement not contained within this document. 

15.10 These terms and conditions are governed by the laws of Hong Kong. You agree to submit to the exclusive jurisdiction of the courts of Hong Kong.

I-ELEMENT