This website [services.pandacamera.com.hk] (our “Website”) is owned and operated by [Big Panda Limited] (our “Company”). Our Company reserves at absolute discretion the right to interpret these Terms and Conditions. With the use of our Website (by accessing, browsing, using and/or placing an order on our Website), you confirm that you have read, understood and agree to these Terms and Conditions in their entirety and are bound by the same with immediate effect.
Please read all these Terms and Conditions carefully before you start to use our Website.
Acceptance and Revision of these Terms and Conditions
Our Company reserves at absolute discretion the right to amend and update these Terms and Conditions at any time. Our Company shall post such updated or amended version at our Website as notification. If you do not agree to, or cannot comply with these Terms and Conditions, you should not use our Website.
You agree that your use of our Website will be deemed to mean that you have read through and agreed to accept whatever Terms and Conditions prevailing at the time of such usage of our Website, as implying that you agree to comply with and to be bounded by such Terms and Conditions without any reservations, modifications, additions or deletion. Unless otherwise specified, all the updated or amended parts shall form part of the Terms and Conditions.
All legal notices on our Website which relate to your use of the Website together with all these Terms and Conditions shall apply to and govern your use of our Website. All these Terms and Conditions set out the entire agreement between you and our Company and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
All users of our Website must reach the age of 18 or above and hold a valid e-mail address. If you are under the age of 18, then you must get your guardian’s permission for such access and usage.
You should procure that your use of or access to our Website will not be subject to any sanction as enforced by any country, international organizations, trade bureau, statutory or regulatory restriction. You shall be solely liable if you are sanctioned due to any of the aforesaid restriction. In these circumstances our Company may withhold, suspend, permanently cancel or terminate the order and/or prohibit from rendering services to you.
You shall provide our Company with accurate, complete and updated information for processing the transactions and delivery, and update our Company from time to time in case of any change. If it is found that your information provided, or our Company reasonably believes that your information provided, is not accurate, complete or updated, we may withhold, restrict, suspend, cancel or termination your order and/or prohibit from rendering our services to you, without any liability on the part of our Company.
You agree that you shall not cause any act to:
- post materials or send emails (whether in the format of reviews, software, images, videos and photos, etc.) containing contents which are illegal, profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous; or which are discriminatory comments; or which might be considered to be harassment, abuse or threats against the personal safety or property of others; or which may have criminal accusations; or which may express agitations or discriminations against any persons of any color, race, gender, religion, political belief and nationality;
- use our Website to have political or religious propaganda;
- post spam, advertisement or junk emails;
- post any materials which impersonate others or personal information about anyone, that to misrepresent the public that such is posted or forwarded by our Company;
- post anything which is or may be harmful to teenagers in whatever manner;
- use our Website in a way that may infringe the rights of our Company or anyone else or that may restrict or inhibit anyone else’s enjoyment of our Website, nor do any act that may result in any civil action caused by such infringement via your posting of any materials or sending of any emails;
- result in any criminal prosecution, civil prosecution, or breach of laws of People’s Republic of China, Hong Kong or any foreign country.
Formation of Contract
You understand and agree that completion of the online check-out process does not constitute our Company’s acceptance of your offer to purchase products or services from our Company. Before our Company’s acceptance of your offer to purchase, no formation of contract exists.
After your submission of order following the purchase instruction and making the payment in due course, our Company will notify you by email as soon as practicable to acknowledge that our Company has received and are processing your order.
Our Company’s acceptance of your order will take place only when our Company is in receipt of your full payment and our dispatching of the product(s) that you ordered from our Company.
Notwithstanding anything herein to the contrary, our Company has the sole discretion and right to decline your order for any reason at any time, without any liability on our part.
Risk of Delivery and Ownership
Risk of the products (including risk of loss and/or damage to the products) shall pass to you when the products are delivered to the delivery address specified in your order or when the products are collected by you on its own at our designated store(s). Ownership of the products shall only pass to you when purchase price of the products (including the delivery costs, in case of choosing our standard delivery service) are fully received by our Company.
Payment and Purchase Price
Our Company uses third party payment service including without limitation Credit Card, [PayPal and PayMe] 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 respective 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 processing online transactions via such payment service provider and in no event shall any such losses in whole or in part be borne by our Company.
You should settle purchase price of the products and the related delivery costs (in case of choosing our standard delivery service) in the purchase check-out. Our Company shall not be liable for any delay in the delivery or non-delivery caused by your failure or delay to settle the purchase price.
Our Company shall use its best endeavours that the price shown is accurate and updated. Notwithstanding the aforesaid, even after sending you by our Company any ordering acceptance email, if there is a manifest error in the purchase price, or such error is so obvious that you should be able to easily distinguish, then our Company shall have no obligation to sell the products at such wrong (or mistaken) purchase price.
To the maximum extent that the laws permit, our Company reserves all of its right to amend or vary the purchase price, any other charges, product descriptions, availability of the products at any time and from time to time provided that such amendment or variation shall not affect those orders that have been accepted by our Company via email confirmation.
Suspension and Termination of our Services
Our Company shall use its commercially reasonable endeavours to ensure that our Website remains to be accessible all the times, but you understand and agree that your access to our Website may be blocked caused by technical constraints and stability in the internet world. Our Company shall try to give you our prior notice on any suspension, termination or variation of all or part of services rendered herein caused by (without limitation) any of the following circumstances:
- routine system upgrade, urgent maintenance or system breakdown;
- fire incident, suspension of electricity supply, or unavailability to provide the services;
- demand, notice or order by court, governmental or regulatory authority; or
- other circumstance that our Company deems it necessary.
Our Company shall not hold any responsibility for any suspension or termination of services caused by any of the above circumstances.
Intellectual Property Rights
Each and every component at our Website (including without limitation the images, texts, photos and videos) are protected by intellectual property rights. Our Company or its respective licensors own and hold all the copyrights, trademark, and other intellectual property rights on the materials, images, descriptions, computer code and any other submissions contained herein. The contents of our Website are intended solely for personal, non-commercial use and are displayed solely for the purposes of promoting and marketing our Company’s business and products.
Without prior written authorization of our Company, no one could:
- for whatever purpose (including but not limited to commercial purpose), use, reproduce, publish, distribute, display in any way, in whole or in part, contents of our Website in whatever channels or media;
- amend, transmit, re-divert, sell or otherwise exploit any contents as shown at our Website which may infringe intellectual property rights of our Company; and
- amend, transmit, re-divert, sell, or otherwise exploit any contents including but not limited to product images, descriptions, texts, names, photos and videos as shown at our Website which may infringe intellectual property rights of our Company.
All data, ideas, concepts, submissions and other information collected or derived from the information made available to our Company through our Website shall deem to be and remain the property of our Company. Our Company shall have free use of it without any confidentiality or other restriction, except as otherwise stipulated by the laws of Hong Kong.
Links to Other Websites
Our Company may have placed links on our Website to other websites our Company thinks you may be interested. Our Company does not vet these websites and does not have any control over their contents. Such linkage is solely for your better convenience in browsing the contents. It is your own choice and responsibility in visiting the third party’s websites and our Company will not accept any liability in respect of the use of these websites.
No linking to our Website is allowed without our prior written permission.
Disclaimer of Liability
The delivery obligation of our Company, if any, is deemed to be fully discharged when the products ordered by you are delivered to the address designated by you or are collected by you in person at the designated store of our Company. You shall be solely liable for any delay in delivery and collection or non-delivery if the information provided is not accurate.
Our Company may determine whether you have acted properly in compliance with these Terms and Conditions. If our Company has reasonable grounds to believe that you may have violated any of these Terms and Conditions, our Company may withhold, restrict, suspend, cancel or terminate your account, and/or suspend or terminate our provision of products to you, without any liability on the part of our Company.
You shall fully indemnify and keep other customers and any third party fully indemnified against any loss and damage caused arising from your use in connection with our Website and our Company hereby disclaims any liability relating thereto.
Our Company makes no representation or guarantee of any kind, express or implied, including but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose, or non-infringement or freedom from any actual, direct, indirect, punitive, incidental, exemplary or consequential loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusions whatsoever and our Company hereby disclaims any liability relating thereto.
Our Company will not be liable or pay any money 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 our Company.
If, for whatever reason, you are not able to accept these Terms and Conditions, our Company shall not be held any responsibility to you or any third party.
You agree to follow the advice given by our Company to keep the products supply by our Company safe (including any instructions or product manuals provided with the products). Our Company will not accept any liability for damage to products which is caused by your failure to follow our advice.
Under all circumstances our Company shall not be liable for any losses related to any business of customers including but not limited to lost data, lost profits, lost revenues and / or business interruption.
Our Company shall not be liable for any delay or failure to deliver the products, or any delay or failure in case of your collection of the products, if such is wholly or partly caused by circumstances beyond the control of our Company. If such happens, our Company will make every effort to notify you.
If the performance by our Company of its obligations relating to the products and/or services it supplies on our Website is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the government or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of our company), our Company shall be excused from such performance to the extent of such prevention.
Our Company may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at its sole discretion but such should not affect your statutory rights and interests.
If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
No relaxation or delay by our Company in exercising any right or remedy under these Terms and Conditions shall operate as waiver of our Company’s right or remedy or shall affect our Company’s ability to subsequently exercise such right or remedy. Any waiver must be issued by our Company in writing.
Only our Company and its customers shall be entitled to enforce these Terms and Conditions. Both our Company and its customers do not intend that any term of these Terms and Conditions should be enforceable, by virtue of the Contracts (Rights of Third Parties) Ordinance or otherwise, by any person who is not a party to these Terms and Conditions.
To the extent permitted by law, our Company reserves the final interpretation right to these Terms and Conditions.
All these Terms and Conditions shall be construed in accordance with the laws of Hong Kong. By accessing our Website and/or using the online services, you agree that such access and/or use, as well as these Terms and Conditions shall be governed by, and construed in accordance with the laws of Hong Kong and you agree to submit to the exclusive jurisdiction of the courts of Hong Kong.