Terms and Conditions of Use
WARAYA website (hereinafter the “Website”) is the
internet shopping website operated by WARAYA Co., Limited (hereinafter “Our
Company”). Terms of Use of
the Website (hereinafter the "Terms of Use") are
stipulated as follows. We offer the Website,
including all information, products and services (hereinafter the “Product”) available
on the Website to the Member (the “Member”), conditioned upon your acceptance
of all terms, conditions, policies and notices set forth herein. By using the Website,
you agree to be bound by the Terms of use including other additional terms and
conditions and policies. In case of any conflict between the Terms of use and
other additional terms and conditions, additional terms and conditions will
prevail. Unless there is a conflict between the Terms of use and other additional
terms and conditions, all the terms should be applied together.
1. (Definition)
Product |
A general term for any physical or electric product, good, service, or
privilege. |
Website |
A general term representing the Website located at www.waraya.com.hk related service. |
Member |
Any Customer who has agreed to the Membership Agreement; has
completed Membership Registration as instructed by Our Company; has been
approved by Our Company; and who makes requests to purchase items (including
periodic or regular delivery services and any other purchase contract). |
Member Registration |
As to register as a Member of the website and use our services including
the purchase of products, personal information such as name, address,
telephone number, e-mail address etc. will be used. After registering as a member, you can
purchase products by entering your email address. |
Shipper |
A third party with whom Our Company has a contract with in order to
provide the product delivery service.。 |
Business Partner |
Any third part business affiliate with whom Our Company has a
contract with in order to provide our services. |
2 (User Qualification)
1.
After
registered as a member of the Website, in accordance with the Terms of Use and
other additional terms and conditions and policies, the member would be able to
purchase the Product on the Website.
2. Members shall not be able to transfer, lend, sever, buy
or sell, or pawn their membership and rights acquired through the use of the
Service.
3. Our
Company reserves
the right, at its sole discretion, without any prior notice to the Member or
any permission from the Member, to suspend the use of the Website, to change the password, or expel the
membership in any of the following circumstances. Our Company will not be
liable to disclose reasons for those situations.
(1)
The Member
does not exist.
(2)
The Member inputs the wrong password more than the
number of times specified by Our Company.
(3) The Member uses the membership
information (including its password) improperly or allows someone to use the
membership information improperly.
(4)
The Member
use the information provided by the Website improperly.
(5)
The Member
is not using the Website within the period specified by Our Company.
(6)
At
the time of the use, the member's account is suspended, or the membership had
been expelled in the past.
(7)
If the Company
deems that there is a risk of causing damage to the Company, its business
partner, or other third parties.
(8)
The information submitted to Our
Company for registration contains false information, errors, or any omission.
(9)
The
Member fails to pay Our Company the proper amount owed.
(10)
The
Member causes any operational difficulty or technical difficulty to Our Company
or its business partners.
(11)
The
Member commits any act that disturbs the other Member using the Website.
(12)
The
Member is not at the legal age of majority and uses the Website without
parental consent.
(13)
There
is any seizure, provisional seizure, provisional disposition, compulsory execution,
bankruptcy, and civil rehabilitation procedure declared against or by the
Member.
(14)
The
Member breaches any clause in the Membership Agreement or additional terms and
conditions set forth.
(15)
The
Member conducts any prohibited act stipulated in Section 12 of the Membership
Agreement
(16)
The Member fails to make a
payment by the method instructed by Our Company.
(17)
Our Company
determines that the
use of the Website by the Member is inappropriate.
(18)
In
any other case Our Company determines that the Member is inappropriate
4.Our Company shall not be liable or make compensation
for any damage arising out of any of the above measures taken against the Member.
3. (Sales Contract)
1.
The
contract is made when the Member submits a purchase request by the method set
by Our Company and we accept that request.
2. The Member may revise or
cancel any order request at the order confirmation page before the order has
been confirmed
3. The Member should pay the purchased
amount within the period fixed by Our Company.
4.
In
the event the Member fails to pay the purchased amount within the fixed period,
Our Company may cancel the Sales Contract after sending an Order Cancellation
Notice to the email address provided by the Member.
5. The Member may not transfer or
mortgage any right given by the Sales Contract。
6. Our
Company reserves
the right to cancel the Sales Contract for any of the following reasons.
(1) The Member is not at the legal
age of majority and purchases the product without parental consent.
(2) The Member has breached any
clause in the Membership Agreement or additional terms and conditions set forth
by Momo in the past.
(3) The information submitted to Our
Company for the Membership Registration contains false information, errors, or
any omission
(4) The Member fails to make a payment by the method
instructed by Our Company
(5)
The
Member fails to pay Our Company the proper amount owed.
(6) The Member refuses delivery or
returns the product several times without justifiable reasons.
(7) If the Company deems that there is a risk of causing
damage to the Company, its business partner, or other third parties.
(8) There is insufficient
inventory to fulfill a purchase request due to stock shortage in the point of
origin, delay in the product release, cancellation of the Product release or
any other reasons.
(9) In any other case Our Company
deems inappropriate.
4. (Listed Price)
Our Company tries its best to list an accurate price of each product. In
case there is an obvious error in a listed price or listed contents on this website,
Our Company will adjust a price as follows:
(1)
If the actual
price is lower than the price listed:
Our Company will promptly notify the
Member promptly and issue a bill based on the actual price.
(2)
If the actual
price is higher than the price listed:
Identified Before Shipment
Our Company will notify the Member of
the actual price promptly and reconfirm the Member’s intention to purchase the
Product at the actual price
Identified After Shipment (Payment
incomplete)
Our Company will notify the Member of
the error promptly and offer a discount based on a difference between the
actual price and the listed price.
Identified After Shipment (Payment completed)
Our company will notify the Member of
the error promptly and refund the difference to the Member. Refund method will
be advised by Our Company.
(3)
If Our
Company determines that an error is significant, regardless of the clause
stipulated in above, Our Company may cancel all or a part of the sales contract
at its discretion.
5. (Shipping)
1. The Product may only be shipped to
addresses in Hong Kong. In addition, we do not ship any chilled or frozen
product to the certain areas in order to ensure the quality of the Product.
2. Unless otherwise stated on the product
page, Our Company does not open any package and / or collect packaging
materials of the Product at the time of delivery.
3. When the Product is shipped out
to your address, the responsibility and liability for the product are
transferred to the shipping company. For matters regarding shipping, the terms
and conditions of the shipping company shall be applied.
4. The inventory information and
the delivery information of some seasonal products shown on a product page are
only for reference and do not guarantee the accuracy. The Member should be
aware that there may be a difference between provided information on a product
page and actual conditions of products due to any reason including the timing
of orders, the update of the Website, the actual inventory level and any other unexpected
reason.
6. (Delivery of Substitute Products)
In the situation that delivery becomes impossible due to unforeseen weather
changes, natural disasters, unexpected accidents, etc., Our Company shall
propose the delivery of substitute products to the Member. In addition, Our
Company shall confirm the substitute products with the Member before delivery.
7. (Shipping Charge)
Unless otherwise stated on a product page, Our Company will bear all
shipping charges. In the case redelivery is needed due to the Member’s absence
on the scheduled delivery date, the additional charges should be borne by the
Member.
8. (Product Return)
1.The Product may only be returned if
there is any of the following reasons. The shipping fees for the returning
product shall be prone by Our Company. The member shall apply for product
return within a day of product arrival and the request is approved by Our
Company in order to return a product. The product must be in unused condition
and in the original packing as it delivered.
(1)
there is a
defect in a product.
(2)
A product
has been distorted, damaged, or stained due to an accident during delivery.
(3)
A product
delivered to the Member is different from the Member’s order due to Our
Company’s fault.
(This does not include if the product is
different from the Member’s subjective wishes or expectations)
2.
If
any defect or damage appears after long-term storage at the shipper due to any
reason caused by the Member (e.g. absence on delivery date), Our Company will
not bear any responsibility.
9.
(Password Management)
1. The member is responsible for its password management.
2. The member shall not share its password, any personal information
associated with its account and any right to use our service requiring personal
identification (including Membership Registration) with any third party. The
member also shall not let anyone use them or buy, sell, pawn, or transfer them
to any third party.
3. The Member is responsible for the use of
the Website once the account is logged in, even when the account is used by any
other person.
4. If there is any suspicion that the
Member’s password has been leaked or use by a third party, the Member should
notify Our Company immediately and follow the instruction as given by Our
Company.
5. If the registered account is not used
for a certain period of time and Our Company can not find any trace of using
the Website, Our Company reserve the right to suspend the Member’s password or
the membership. Our Company may also delete the Member’s password without any
permission from the Member. Our Company is not liable for any loss or damage
that caused by any of those measures taken.
6. The member shall provide indemnity against
any loss or damage caused to Our Company and its business partners which resulting
from the Member’s inappropriate password management.
10. (Change in Notified Information)
1. If there is any change in information registered to Our Company, the
Member shall notify Our Company in the forms designated by Our Company without
any delay.
2. Our Company will notify the Member of necessary information by uploading
on the Website, sending e-mail or any other methods that Our Company deems
appropriate.
3. Notifications would be sent to the contact information registered with
Our Company. Notifications are considered valid at the time transmitted. Our
Company shall not be liable for any loss or damage caused by the fact that the
Member did not update its registered information.
11. (Provision of Information)
The Member agrees that advertisement including banner advertisement may be
appeared for all content, such as Web and
e-mail, The Member also agrees that Our Company will distribution
information such as product information through e-mail, fax, or postal mail to
the Member.
12. (Prohibited Acts)
1.When the Member uses the service
provided by Our Company, any of the following acts listed below is prohibited.
The Member shall not share its
password, any personal information associated with its account and any right to
use our service requiring personal identification (including Membership
Registration) with any third party. The Member also shall not let anyone use
them or buy, sell, pawn, or transfer them to any third party.
(1)
Acts that interfere with
the Website / Our Company operation. (Including frequent returns of product
without justifiable reason, Clause 8.1 is invalid in this case)
(2)
Any acts contrary to the
Terms of Service or additional terms and conditions set forth by Our Company.
2. In case Our Company suffers any damage (including personnel expenses,
attorney’s charges, and any other expenses incurred by the person engaged in
the corresponding business) due to the acts of the member that stipulated above,
Our Company reserve the right to claim compensation from the Member.
13.
(Disclaimer)
1. The
information provided in this Website is for general information purposes only while
we endeavour to keep the information up to date and correct if at all possible.
Our company does not guarantee about the completeness, accuracy, reliability, sustainability,
or effectiveness, etc. with respect to this website or the information,
products, services, or related graphics, etc. contained on this website for any
purpose. Any reliance you place on such information is therefore strictly at
your own risk.
2. We do not guarantee the quality or
performance of this website to the members. Moreover the Company will not be
liable to the members for any data loss or lost profits (including lost data or
lost profits if the entered data is lost for any reason) arising out of in
connection with any suspension, cancellation or defect of this website.
3. Our company shall only indemnify direct
damages that actual occurred if a latent defect in a product causes any damage
to the Member, or if the Member incurs any damage due to any cause attributable
to us. The damage shall be compensated up to the selling price of the product.
4. It is the Member’s responsibility to take all
protective measures to guard against computer viruses or other destructive
elements. Our company is not liable for any loss or damage caused by computer
viruses or other destructive elements.
5. Our company does not provide any guarantee to
ensure operation of any software or devices when the member use this website.
6.The Company shall not bear the connection
fee when the members use this website.
7. Our Company shall not be liable to the
member for any damage of any kind related to the use of this website by the
members.
8. Our company is not responsible for any damage or
loss, 1) caused by the member to any third party 2) caused by any third party
to the member, related to the use of this website. (including the case the member
suffers any loss or damage caused by a malicious third party collecting
personal information by some kind of method for improper purposes) The dispute
shall be settled between the member and a third party, and our company is not
responsible for this dispute.
9. This clause stipulates all our responsibilities to
the members. Our company, in any case, is not liable for any loss or damage,
including without limitation, indirect or consequential loss or damage such as
the Member’s lost profit, legal or lawyer fees and any other loss.
14. (Interruption
or Suspension of Service)
1. Our
Company reserves the right to suspend the Member’s access to the Website and
our service without prior notice and consent of the Member, if any of the
following applies.
(1)
If the Website is under inspection check-up,
update, or any other maintenance.
(2)
If there is a fire, power outage,
natural disaster, war, riots, turmoil, strikes, labour negotiations or any
other similar situation.
(3)
If the Website has system or technical
difficulty to provide our service.
(4)
If there is service outage of the
telecommunications provider.
(5)
If there is any other technical or
operational difficulty in accordance with the previous two clauses.
(6)
If Our Company deems that it is
necessary to interrupt or suspend the service.
2. Our
Company shall not be liable to any loss or damage incurred by the Member due to
the interruption or suspension of the Website.
15.
(Change or Termination of Service)
Our
Company reserves the right to change or terminate all or part of our service at
any time without prior notice and consent of the Member. Our Company is not
liable for any loss or damage caused by the change or termination of our service.
16. (Change of Terms)
1. Our Company reserves the right to change the Term of Service at any time
without prior notice and consent of the Member. Any changes to the Term of
Service will be reflected on the Website and become effective immediately.
2. Our Company reserves the right to abolish the Term of Service without
prior notice or consent of the Member. Our Company shall not be liable for any
loss or damage caused by the abolition of the Term of Service.
17. (Discrepancy)
The Term of Service is made in three languages: English, Chinese, and
Japanese. In case of any discrepancy or inconsistency among each language,
English version shall prevail.
18. (Governing Law and Jurisdiction)
1. The Term of Service complies with Hong
Kong Law.
2. In the event of dispute arising out of
or in connection with the Term of Service, the Hong Kong Special Administrative
District Court shall have elusive jurisdiction.
2020年11月21日