TERMS AND CONDITIONS
LAST UPDATED – 31st August, 2020
1. APPLICABILITY AND ACCEPTANCE OF TERMS
- These General Terms and Conditions, including all policies referred to herein (these "Terms and Conditions"), apply to
- The use of and access to any information, pictures, documents, materials and/or other services ("Services") on the online store owned by or on behalf of and/or operated by or on behalf of Sino Rising Limited, our parent companies and/or affiliates (collectively referred to as "OrgHive," "we" or "us" and the grammatically derivatives thereof shall be construed accordingly) located at marketplace.orghive.com and any successor site(s) (the "Website"); and
- The sale and purchase of OrgHive branded products (the "Products") on the Website.
- PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU HAVE AGREED AND ACCEPTED (AND YOU ARE REGARDED AS HAVING AGREED AND ACCEPTED) TO THESE TERMS AND CONDITIONS, WHICH MAY BE AMENDED FROM TIME TO TIME WITHOUT PRIOR NOTICE, EFFECTIVE UPON ITS POSTING ON THE WEBSITE. EACH TIME THAT YOU USE OR ACCESS THE WEBSITE, THE CURRENT VERSION OF THESE TERMS AND CONDITIONS WILL APPLY. YOU SHOULD CHECK THE DATE OF THE TERMS AND CONDITIONS (WHICH APPEARS ABOVE) AND REVIEW ANY CHANGES THAT HAVE BEEN MADE SINCE YOUR LAST VISIT TO THE WEBSITE. YOUR CONTINUED USE OR ACCESS OF THE WEBSITE SHALL BE REGARDED AS YOUR ACCEPTANCE OF THE UPDATED VERSION OF THESE TERMS AND CONDITIONS.
- IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD DISCONTINUE YOUR ACCESS OR USE OF THE WEBSITE. By using or accessing the Website, you represent and undertake that (i) you are of sufficient legal age or otherwise have legal capacity to legally agree to these Terms and Conditions and (ii) you have read, understand and agree to be bound by these Terms and Conditions and (iii) you will use the Website in accordance with applicable law. By accessing the Website you also acknowledge that some content may not be suitable for people under the age of 18.
2. INFORMATION ON THE WEBSITE
- Product Descriptions:
All descriptions, images, references, features, content, specifications and prices of Products and services described or depicted on this Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the Products, including the applicable colors; however, the actual color you see will depend on the devices (including computer, mobile phone, tablet or otherwise, collectively "Devices"), and we cannot guarantee that your Devices will accurately display the applicable colors. The inclusion of any Products or services on this Website at a particular time does not imply or warrant that these Products or services will be available at any time. By engaging in a purchase of a Product or service made available by us on this Website (a "Transaction" and collectively "Transactions"), you represent that the Products you order as part of the applicable Transaction will be used in accordance with all applicable laws. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product or service; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product or service.
- Exclusion of Liability for External Links
3. INTELLECTUAL PROPERTY
All trademarks, tradenames, brand names, logos, Product names and titles, whether registered or unregistered, (collectively the "Marks") used on the Website are trademarks or trade names owned, registered and/or licensed by OrgHive or third party trademark or trade name holders. The Marks are protected by trademark, copyright and various other intellectual property rights. You are not allowed to use, copy, display or reproduce, in whole or in part, any such Marks as this may constitute an infringement of the respective holders' rights.
- Ownership of Design, Images and Content
All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software and all other materials on this Website (collectively, "Content"), including all copyrights therein, are owned by OrgHive and/or its suppliers or subcontractors. The Content is a collective work under the copyright laws of Hong Kong and other countries and protected by applicable copyright laws and treaties the world.
- Limited Use
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent that is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource, or for your other personal and non-commercial use. You are not allowed to make any other use of the information and materials on this Website (including but not limited to the Marks and the Content), including reproduction, modification, distribution or republication for purposes other than as mentioned above. Should you wish to use materials or information from this Website (including but not limited to the Marks and the Content) for any other purpose, you need our prior written approval to do so.
5. INFORMATION YOU PROVIDE/SUBMISSIONS
IF YOU CHOOSE TO MAKE ANY INFORMATION THAT PERSONALLY IDENTIFIES YOU OR OTHER INFORMATION PUBLICLY AVAILABLE ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
- By making a User Submission, you represent and warrant (i) you own all right, title and interest in and to the User Submission, or you have the necessary approvals and permissions to grant the User Submissions License described above, (ii) the User Submission, and the exercise by OrgHive of the rights granted it under the User Submissions License in relation to such User Submission, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (iii) your User Submissions do not and shall not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions.
- We do not guarantee that User Submissions will not be lost or damaged or that you will be able to retrieve User Submissions.
6. RESTRICTIONS ON USE
- Prohibited Actions
While visiting the Website and participating in, accessing and using the features you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of a User Submission; alter, modify, frame, or "mirror" any Content; create a deep-link to our Website by by-passing our Website's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Website; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Website or interrupt any user's experience on the Website, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Website, or servers or network connections to the Website; disobey any requirements, procedures, policies or regulations of networks connected to the Website; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or attempt to gain unauthorised access to the Website (or any portion thereof). The above prohibitions are set out as examples only and are not meant to be complete or exhaustive.
- Prohibited Submissions
You are prohibited from posting or transmitting to the Website any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
- INDEMNIFICATIONS YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ORGHIVE AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF ORGHIVE AND ITS AFFILIATES AGAINST ANY LOSSES, LIABILITIES, CLAIMS, EXPENSES AS A RESULT OF (I) YOUR USER SUBMISSIONS OR YOUR ACCESS TO OR USE OF THE WEBSITE; (II) YOUR BREACH OF THESE TERMS AND CONDITIONS (INCLUDING BUT NOT LIMITED TO THE FOREGOING PROHIBITIONS); (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT; OR (IV) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES, REGULATIONS, ORDERS OR ORDINACE OF ANY COMPETENT AUTHORITIES.
7. TERMS OF SALE
The Website only sells Products to adults who have payment ability. If you are under 18 years, please use the Website with participation of your parent or guardian.
You can order as a registered user or as a guest by our guest checkout function. You need an email address and a mobile phone number to place an order, and you may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes adding Products to your shopping cart and submitting your order.
- Establishing an Account
- Offer to Purchase
All information on the Website is only an invitation to treat and is not an offer or unilateral contract. You agree that your order is an offer to purchase the Products listed in your order from OrgHive on these Terms and Conditions.
All prices are indicated and charged in Hong Kong dollars ("HKD").
- Quantity Limits & no purchase for resale
Orders are accepted only in quantities usual for households. The Website is intended solely for OrgHive to sell Products direct to end consumers, and therefore purchase of Products for resale is strictly prohibited. Purchase for resale means the purchase of Product by someone who resells, or intends to resell, the Product to others (consumers, businesses or any third party). If OrgHive believes you are involved in purchase for resale, OrgHive reserves the right to take any action against you, including, without limitation, to restrict your assess to or use of the Website, restrict sales to you, cancel your orders, and/or suspend or close your account.
- Confirmations and Acceptance
When you submit an order, we will send you an email acknowledging receipt of your order ("Order Confirmation"). This does not mean that we have accepted your order.
OUR ACCEPTANCE OF THE ORDER WILL NOT TAKE PLACE UNLESS AND UNTIL (I) WHEN THE PRODUCTS ARE SHIPPED TO YOU, AND (II) WE WILL SEND YOU AN EMAIL CONFIRMING THAT THE PRODUCTS HAVE BEEN SHIPPED ("SHIPPING CONFIRMATION").
- Stock Limitations
Products on the Website are in stock and are ready to be sent. Any variations of products that are out of stock are marked as unavailable. We may have stock issues from customers ordering Products at the same time. When we are unable to ship an item already ordered, we may cancel that part of your order and you will be reimbursed or not charged accordingly. We work hard to keep our stock levels as accurate as possible. Occasionally, errors may occur.
- Cancelling Orders
If you have placed an order in error or would like to cancel an order before it is delivered, please immediately contact OrgHive's customer service by sending an e-mail to us at: support@OrgHive.com. OrgHive will use its reasonable endeavours to consider your request to cancel such order and assist you in any way it can. No cancellation is possible after any Product under the order is shipped. As OrgHive always strives for quick deliveries, it means there is not much time available for you to cancel your order.
- No Changes
Please note that we cannot make or accept any changes (including delivery address, variation of the Products) once your order has been placed.
- Right Not to Accept Orders
Fulfilment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations (which list is not intended to be exhaustive), without being liable for any damages or costs other than repayment of any amount received from you in relation to the order we have cancelled:
- The Product is not available;
- Your billing information is not correct or not verifiable;
- Your order is flagged up by our security systems as an unusual order or an order susceptible to or suspected of fraud;
- We could not deliver to the address provided by you;
- We believe you are under the age of 18 years old;
- We believe that you are a reseller;
- There was an error in the price display on the Website;
- In the event of misspelling, pricing or other errors or mistakes in the Website information; or
- Due to circumstances or events beyond our control.
- Payment Method
You can pay for the Products by the payment method as indicated in the checkout page. If you have a promotion code, please enter it in the checkout page in the 'Promotion Discount' field and click on 'Apply'. Please check the expiry date of your promotion code before using it. Please note that you cannot use more than one promotion code for the same purchase order. Not all Products and not all sale of Products are eligible to the promotion code.
- Data Check
During the payment process OrgHive may perform credit checks. Based on the outcome thereof OrgHive may change, adjust or decline an order and/or the selected payment method. In most cases OrgHive will offer you the option to select a different payment method. Our customer service team will not be informed of the outcome of credit checks.
- Shipping costs
You agree to bear the costs for delivery of the Products you order including the costs of the Carrier if you order is below our threshold of 500 HKD. The shipping costs will depend on the places where the Product(s) is/are to be delivered and it will be calculated together at the checkout page.
- Total Price
The total price specified in the final checkout screen includes shipping costs, if applicable. This total price will be recorded in the Order Confirmation. If payment is made by credit card, such total price will be reflected on your bank statement.
- Price Changes
The prices of the Products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.
- Retention of Ownership
Any Products purchased from the Website remain the property of OrgHive until the payment process in the Website is completed and it is delivered to the Carrier (as defined below).
- Standard Delivery Time
Generally, delivery time is approximately 2 to 4 business days after the Product(s) under any order is shipped. Please note that we are unable to and we do not accept order to ship Products to PO boxes. The above delivery time is estimate only, and the exact delivery time will vary depending on region and district being selected. We do not ship on public holidays. For the purpose of these Terms and Conditions, "business days" mean any days which exclude Sundays and public holidays and any days on which a tropical cyclone warning signal no. 8 or above or a black rainstorm warning signal is issued in Hong Kong or bad weather warning of similar effect is issued in Macau at any time between 9:00 a.m. and 5:00 p.m.
IF WE FAIL TO DELIVER THE PRODUCTS WITHIN THE ESTIMATE DELIVERY TIME ABOVE, WE WILL INFORM YOU AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO CHOOSE EITHER TO WAIT FOR PRODUCTS TO BE DELIVERED, OR TO CANCEL YOUR ORDER AND GET REFUNDED. APART FROM THE FOREGOING, WE WILL NOT MAKE ANY COMPENSATION TO YOU.
- Acceptance of Products
Please check your ordered Product(s) (including complimentary gifts) in the presence of Carrier to confirm the quantity, type and intactness. Please accept the Product(s) only after the forgoing is confirmed by you. In case that you discover any shortfall, inconformity, obvious material or production defects or damage to the Product(s), please notify us immediately by email or phone. Not doing so will not affect your legal rights.
- Passing of property
Property in the Products you have ordered will pass to you when they are delivered to the Carrier. Once the property in the Products have been passed to you all risk of damage to, or loss of, the Products shall pass to you. If you fail to take delivery or the Carrier is unable to deliver the Products, the risk in the Products will still pass to you, and we shall be entitled to charge you for any additional storage costs or delivery fees incurred by us.
11. PROMOTIONAL DISCOUNT
Promotional discounts are non-transferable and there is no cash alternative. Only one promotional code will be accepted per order. The terms and conditions may vary for each promotional code and we reserve the right not to accept, honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions. We reserve the right to cancel an order in the event that an unauthorized promotional code has been used.
12. RETURN /EXCHANGE OF PRODUCTS
- Return / exchange with quality issues
For Products with quality problems purchased at the Website, you can request a return / exchange within one month from the date of purchase. It is our policy to satisfy the “Return / Exchange Conditions” described in our FAQ and the quality problems are verified by our after-sales service staff.
- Return / Exchange conditions
- The Products are sent back within the stated return / exchange period;
- The Products are in original condition (for example, the Products are kept intact, unused, unopened or unaltered) and the conditions for re-sale of the Product has not been affected;
- The outer package of the Product is intact (including the plastic bag or box), the instructions, tags, labels, etc. should all be kept intact.
- Return / Exchange Exclusions:
- Where the electronic invoice or order number issued at the time of purchase is lost;
- Orders that exceed the return / exchange period;
- Products that are clearly indicated with defects at the time of purchase, and then returned / exchanged with defective reasons; and
- Other circumstances in which the consumer has no right to return / exchange according to this policy and the applicable law.
Please also note that you may process returns / exchanges online only for purchases made on the Website.
- Return / Exchange process
Please refer to the FAQ or contact our customer service for specific return / exchange procedures, which shall form part and parcel of these Terms and Conditions. When returning the Product please indicate the reason for the return in the delivery note for timely processing. If the delivery note is lost, please prepare a blank sheet of paper and fill in your name, order number, item number, quantity and reason. You also need to indicate the item number, size and other information related to the returned / exchanged Product(s). The newly exchanged item will be sent to the delivery address on the original order; if there is any change in the delivery address, please let our customer service know in advance. If you request to exchange the products, your return request cannot be accepted before the exchange is completed. If you have requested an exchange for any of the products in the order, you cannot request for further exchange in the same order until the existing exchange process is completed.
- Refund time
For the returned Products, once we confirm that the return conditions and requirements are met, we will refund the actual payment within 7-10 business days after receiving the returned Product(s), but:
- We have the right to deduct the partial refund amount if your returned Products were bought together with other Products to enjoy our threshold promotions or offers;
- We have the rights to deduct the shipping fee from your refund amount if your returned Products were bought together with other merchandise to enjoy a free shipping promotion.
The time of receipt of the refund depends on different refund methods. The time of actual refund to your account depends on different banks or payment platform operations. It may take up to 10-15 business days. If the return does not meet the return conditions or requirements, we will contact you and return the Product(s) to you at your cost.
13. DISCLAIMER OF WARRANTIES
THE WEBSITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE WEBSITE. ORGHIVE AND ITS AFFILIATES, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
14. LIMITATION OF LIABILITY
NEITHER ORGHIVE NOR ANY OF ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY APPLICABLE INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF APPLICABLE DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER ORGHIVE NOR ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT POSTED ON THE WEBSITE BY ORGHIVE OR ANY THIRD PARTY UNLESS SUCH DAMAGE IS THE RESULT OF ANY WILFUL MISCONDUCT ON THE PART OF ORGHIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF ORGHIVE AND ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED HKD400.
While we try to maintain the integrity and security of the Website and the servers from which the Website is operated, we do not guarantee that the Website will be or remain secure, complete or correct, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with these Terms and Conditions. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alteration to the Website, contact us at OnlineShopHK@OrgHive.com with a description of the material(s) at issue and the URL or location on the Website where applicable material(s) appear.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THE RELEVANT LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
OrgHive reserves the right to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) or your use of this Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Website, Products and services available on or through the Website at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.
Any sections of these Terms and Conditions that must survive termination in order to give effect to their intent and meaning shall survive termination of these Terms and Conditions. The termination of your account shall not affect any rights of OrgHive or any liabilities and obligations of you accrued prior to such termination.
- Contact information
If you have any questions about these Terms and Conditions or the Website, please direct your questions to firstname.lastname@example.org
- Changes to these Terms and Conditions
If OrgHive decides to change these Terms and Conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. IF YOU CONTINUE TO USE THE WEBSITE AFTER EFFECTIVENESS OF THE CHANGED TERMS AND CONDITIONS, YOU ARE DEEMED TO HAVE FULLY ACCEPTED THE CHANGES.
- Governing Law and Jurisdiction
These Terms and Conditions (including all policies referred to herein) are governed by the laws of Hong Kong.
Any dispute arising from or relating to these Terms and Conditions (or any policy referred to herein) shall be subject to the exclusive jurisdiction of the competent Hong Kong court.
- Independent Contractors
These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Orghive.
If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, such provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provision.
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent.
- Force Majeure
We will not be responsible for failures to fulfill any obligations under these Terms and Conditions due to causes beyond our reasonable control, including but not limited to war, terrorist attack, strike, fire, explosion, flood, earthquake or other natural disaster.
- Entire Agreement
These Terms and Conditions, together with all policies referred to herein, constitute the entire agreement between you and OrgHive relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and OrgHive relating to the subject matter herein.
If there is any inconsistency or ambiguity between the English version and other languages, the English version shall prevail.
- Third Party Rights
No person shall have any right under the Contracts (Rights of Third Parties) Ordinance (Cap 623, Laws of Hong Kong) to enforce or enjoy the benefit of any of these Terms and Conditions.