Terms of service
Welcome to gadgeys. These Terms of Service (“Terms”) govern your access to and use of the exopics website, products, and services.
By accessing or using our website, you agree to be bound by these Terms. Please read them carefully before placing an order.
These Terms are intended to be interpreted in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”), subject to any mandatory rights or protections that apply to you under applicable law.
1. Eligibility
By using our website, you represent and warrant that:
- You are at least 18 years old or have reached the applicable age of majority in your jurisdiction.
- You have the legal capacity to enter into a legally binding agreement.
- If you are under 18, you may use our website only with the involvement and consent of a parent or legal guardian.
If you are purchasing products on behalf of a business or other organization, you represent that you have the authority to bind that organization to these Terms.
2. Account Registration
You may create an account to access certain features of our website.
You are responsible for maintaining the confidentiality of your account information, including your password, and for restricting unauthorized access to your account.
You agree to accept responsibility for activities carried out through your account where such activities result from your failure to maintain the security of your account.
We reserve the right to suspend or terminate an account where we reasonably believe that the account has been used in violation of these Terms or applicable law.
3. Orders and Payment
All orders placed through our website are subject to product availability and our acceptance of the order.
Prices are displayed in the currency stated on the website and may be changed from time to time. Any applicable delivery charges, taxes, duties, or other fees will be displayed or communicated where applicable.
Payment must be successfully received before an order is processed for shipment.
We may use third-party payment service providers to securely process payments. Your use of third-party payment services may also be subject to their respective terms and policies.
We reserve the right to refuse or cancel an order where there is a genuine pricing error, product description error, suspected fraudulent activity, unauthorized transaction, or other legitimate reason.
If we cancel an order after payment has been received, we will arrange an appropriate refund in accordance with applicable law and our Refund Policy.
Nothing in this section affects any rights you may have under applicable Hong Kong consumer protection laws.
4. Product Information
We make reasonable efforts to ensure that product descriptions, photographs, colors, sizes, specifications, and other information displayed on our website are accurate.
However, the appearance of colors may vary depending on your device, monitor, browser, or display settings.
Products are subject to availability. We may discontinue products or limit quantities from time to time.
We will not knowingly provide false or misleading descriptions or representations concerning our products.
Our product descriptions and price representations are subject to applicable requirements under Hong Kong law, including the Trade Descriptions Ordinance (Cap. 362).
5. Sale of Goods and Consumer Rights
Where applicable, the sale of goods through our website is subject to the laws of Hong Kong, including the Sale of Goods Ordinance (Cap. 26) and the Trade Descriptions Ordinance (Cap. 362).
Nothing in these Terms is intended to exclude, restrict, or limit any statutory right, remedy, guarantee, or protection that cannot lawfully be excluded, restricted, or limited.
Where a product does not conform to applicable legal requirements, your rights and remedies will be determined in accordance with applicable Hong Kong law and our applicable Return and Refund Policy.
6. Shipping and Delivery
Shipping and delivery are subject to our Shipping Policy, which forms part of these Terms.
Any delivery dates or timeframes provided on our website are estimates unless expressly stated otherwise.
We will make reasonable efforts to process and dispatch accepted orders within the applicable timeframe.
We are not responsible for delays caused by circumstances beyond our reasonable control, including severe weather, natural disasters, carrier delays, customs procedures, strikes, governmental actions, or other unforeseen events.
Where applicable, any rights you have under Hong Kong law will remain unaffected by this section.
7. Returns, Exchanges and Refunds
Returns, exchanges, and refunds are subject to our Return and Refund Policy.
Our policies are intended to operate consistently with applicable Hong Kong laws and regulations.
Nothing in our Return and Refund Policy or these Terms limits any mandatory statutory rights or remedies available to consumers under applicable law.
8. Electronic Transactions
By placing an order through our website, you acknowledge and agree that electronic communications, electronic records, and electronic confirmations may be used in connection with your transactions with us.
To the extent applicable, electronic transactions and electronic records may be governed by the Electronic Transactions Ordinance (Cap. 553).
Hong Kong's Electronic Transactions Ordinance provides a legal framework recognizing electronic records and electronic signatures and generally gives them legal status equivalent to their paper counterparts, subject to the requirements and exclusions of the legislation.
9. Intellectual Property
All content available on our website, including text, photographs, images, graphics, logos, product designs, layouts, videos, icons, and other materials, is owned by or licensed to gadgeys and is protected by applicable intellectual property laws.
Except where expressly permitted by us or by applicable law, you may not:
- Copy or reproduce our website content;
- Modify or adapt our content;
- Distribute, publish, or commercially exploit our content;
- Create derivative works based on our content; or
- Use our trademarks, logos, or branding without our prior written permission.
10. Prohibited Uses
You agree not to use our website or services:
- For any unlawful, fraudulent, or unauthorized purpose;
- To upload or transmit viruses, malware, malicious code, or other harmful material;
- To interfere with or disrupt the operation or security of our website;
- To attempt to obtain unauthorized access to our systems, accounts, or databases;
- To impersonate another person or entity;
- To engage in activities that infringe the rights of others;
- To use our website for unauthorized commercial resale or distribution of our products; or
- In any manner that violates applicable laws or regulations.
11. Personal Data and Privacy
We may collect, use, store, and process personal information in connection with your use of our website and your orders.
We handle personal data in accordance with our Privacy Policy and applicable Hong Kong privacy laws, including the Personal Data (Privacy) Ordinance (Cap. 486), where applicable.
Our Privacy Policy explains how we collect, use, retain, protect, and disclose personal data and how you may exercise applicable rights in relation to your personal data.
Where personal data is transferred outside Hong Kong, we will handle such information in accordance with applicable legal requirements.
12. Limitation of Liability
To the fullest extent permitted by applicable law, gadgeys shall not be liable for indirect, incidental, special, or consequential loss or damage arising from your use of our website or products.
Nothing in these Terms excludes or limits any liability, responsibility, right, or remedy that cannot lawfully be excluded or limited under Hong Kong law.
Subject to the foregoing, where we are legally liable for a claim relating to a particular product purchased from us, our liability will be determined in accordance with applicable law and the circumstances of the claim.
13. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless gadgeys, its affiliates, employees, contractors, and business partners from claims, losses, liabilities, costs, and expenses arising directly from your unlawful use of our website, your violation of these Terms, or your infringement of another person's rights.
This section does not require you to indemnify us for losses caused by our own unlawful acts, negligence, or breach of applicable law.
14. International Users
Our website may be accessible from locations outside Hong Kong.
If you access or use our website from another jurisdiction, you are responsible for complying with applicable local laws and regulations.
However, your use of our website remains subject to these Terms and the applicable laws governing your transaction.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to conflict-of-law principles.
Nothing in this section prevents a consumer from relying on any mandatory consumer protection law or legal right that applies to the consumer's transaction.
16. Dispute Resolution
If you have a complaint or dispute concerning an order or our services, we encourage you to contact us first so that we can attempt to resolve the matter amicably.
If a dispute cannot be resolved through good-faith communication, the dispute may be submitted to the courts of the Hong Kong Special Administrative Region, subject to any mandatory jurisdictional rights available under applicable law.
Nothing in this section prevents either party from exercising any statutory right or remedy that cannot legally be waived or restricted.
17. Termination
We may suspend or terminate your access to our website or services where we reasonably believe that you have:
- Violated these Terms;
- Engaged in fraudulent or unlawful activity;
- Attempted to compromise the security or operation of our website; or
- Engaged in conduct that may cause harm to our business, website, users, or other parties.
Termination will not affect any rights or obligations that arose before termination or any provisions that are intended to survive termination.
18. Changes to These Terms
We may update these Terms from time to time to reflect changes to our business, website, products, services, or applicable laws.
When we make material changes, we may post the updated Terms on this page and update the “Last Updated” date.
Your continued use of our website after the updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
19. Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a competent authority or court, that provision shall be interpreted or modified to the minimum extent necessary to make it enforceable, where legally possible.
The remaining provisions shall continue in full force and effect.
20. Contact Us
If you have any questions, concerns, or complaints regarding these Terms of Service, please contact us:
📧 Email: contact@gadgeys.com
At gadgeys, we are committed to providing a transparent, fair, and reliable shopping experience.
Thank you for choosing gadgeys.