1. Acceptance of Terms

1.1

The following terms and conditions (“Terms of Use”) apply to the services available from the domain and sub-domains of Eseller.hk and any successor or related site or mobile application maintained by Eseller and are the terms and conditions on which Eseller offers you access to Eseller.hk. By accessing, browsing, placing an order or otherwise using Eseller.hk, you accept these Terms of Use. If you do not accept these Terms of Use, you must refrain from accessing, browsing, placing an order or otherwise using Eseller.hk.

1.2

These Terms of Use may be amended in whole or in part by Eseller from time to time without prior notice to you. Amendments to these Terms of Use will be effective immediately upon the posting of the amended terms and conditions on Eseller.hk. Please visit this page from time to time to ensure that you are familiar with the latest Terms of Use. Your continued use of Eseller.hk represents your agreement to be bound by the Terms of Use as amended. 

1.3

If Eseller has posted a translation in any language of the Terms of Use, you agree that the translation is provided for reference only and that the English version shall prevail.

 

2. Definitions

2.1

In these Terms of Use, the following expressions have the meaning set out below:

“Buyer” means any person that purchases any Item on Eseller.hk with or without payment.

“Eseller” or “we” or “us” or “our” means Eseller.

“Eseller.hk” or “Website” means the website which is currently at https://www.Eseller.hk and any successor or related site or mobile application designated by Eseller .

“Item” means any goods, products or services offered or available for purchase by a Buyer.

“Member” means a user with a valid member account maintained at Eseller.hk and has the right to buy on Eseller.hk.

“User” or “you” means any person that directly or indirectly access, browse or use Eseller.hk, regardless of whether he is registered as a Member. For the avoidance of doubt and without prejudice to the generality of the foregoing, User shall include any Buyer

2.2.

In these Terms of Use, unless the context otherwise requires:

2.2.1

Headings are for convenience only and shall not limit, extend, vary or otherwise affect the construction of any provision of these Terms of Use;

2.2.2

Words and expressions importing the singular include the plural and vice versa; and

2.2.3

Words and expressions importing one gender include both genders and the neuter, and references to persons include natural persons, bodies corporate or unincorporated, sole proprietorships, partnerships, associations, enterprises, branches and all other forms of organizations and entities.

 

3. About Eseller.hk

3.1

Eseller.hk provides a virtual platform for Buyer to complete transactions for purchase of Items or any Items at any eShops on the Website, and provide electronic promotion activities to members.

3.2

Eseller reserves the rights to refuse access to or use (including, but not limited to, the suspension of access to or use) of Eseller.hk to anyone, at any time, and at its sole and absolute discretion.

3.3

While accessing Eseller.hk, you will abide by all the terms and conditions herein. In particular (but without limiting the other terms and conditions), you will not:

3.3.1

as a Buyer, fail to make payment for Item that you placed an order; 

3.3.2

Circumvent or otherwise avoid the fees and charges payable to Eseller ;

3.3.3

Post any unlawful, false, abusive, inaccurate, misleading, defamatory or libelous content;

3.3.4

Post any obscene or indecent material or any material that could constitute or encourage conduct that would be considered a criminal offence, civil liability, or violation of any law; 

3.3.5

represent or hold out to be in any way related to or associated with Eseller or attempt to cause others to falsely assume the identity of the sender message or information to be Eseller;

3.3.6

take any action that may undermine the feedback or feedback rating system (such as displaying, importing or exporting feedback information to sites other than Eseller.hk or using it for purposes that are unrelated to Eseller.hk);

3.3.7

Transfer, lend, lease, trade or otherwise part with your Member account (including feedback) to another person;

3.3.8

Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

3.3.9

Distribute viruses (or through other technologies) that may harm Eseller.hk or the interests of other Users;

3.3.10

Add or modify the content of Eseller.hk without our permission;

3.3.11

Infringes the intellectual property rights, including, but not limited to, the copyrights and trademarks that belongs to Eseller;

3.3.12

Collect personal information about other Users, including email addresses, personal contact details etc. without their consent;

3.3.13

Interfere or attempt to interfere with the proper operation of Eseller.hk or bypass any measures used to prevent or restrict access to any portion of the Eseller.hk;

3.3.14

Conduct any illegal activities;

3.3.15

Impose an unreasonable or disproportionately large load on the infrastructure of Eseller.hk or any of the systems or networks comprising or connected to Eseller.hk; 

3.3.16

Copy, distribute all or any part of the content of Eseller.hk;

3.3.17

Use, reproduce, record, retransmit, sell, distribute, post, perform, publish or rent any of the content of Eseller.hk without our written permission; or

 

4. Eligibility and Membership

4.1

Users should ensure that they can lawfully enter into and form contracts under any law. If you are registering with Eseller.hk as a business entity, you represent that you have the authority to legally bind that entity.

4.2

Any User, with or without a Member account may browse and search on Eseller.hk, except in the areas of Eseller.hk with restricted access for specific types of Members. If you want to use the buying service and community service on Eseller.hk, you must register as a Member of Eseller.hk.

4.3

In becoming a Member of Eseller.hk, you must provide complete, currrent and accurate personal information during account registration and also have a valid email account.

4.4

You are responsible for all actions taken through your membership or Member account.

 

5. Activity

Eseller.hk may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations. Eseller has the right, but not the obligation, to monitor any activity and content in Eseller.hk. Eseller may take such action as it may deem appropriate, including, without limitation, issuing warnings, suspension or termination of service, denying access, removal of any content, screen or edit any content and/or to report to law enforcement or other appropriate officials, regulators or third parties. Eseller reserves the right to disclose any information it considers necessary or appropriate, including but not limited to User contact details, IP addresses, traffic information, usage, history and posted content.

 

6. Account Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. It is your responsibility to notify us immediately if you suspect the security of your account has been compromised or of there is any unauthorized use of your account.

 

7. Third-Party Links

7.1 We do not own and have no control over other third party websites which are linked to Eseller.hk. Any information collected by the parties who own those websites or the use of cookies is out of our control. Please be aware that individual organizations operate their own policies regarding the access to and use of their sites. When accessing information from third party websites linked to Eseller.hk, we strongly recommend that you refer to the specific terms and conditions of their sites which may differ from these Terms of Use. If you have any concerns regarding accessing these third-party sites, please contact the relevant site owner.

7.2 We will not accept any responsibility for any third party sites or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of any third party sites.

7.3 Eseller is not responsible for the content or accuracy of any off-Site pages, which include but is not limited to advertisers of the Website. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of such sites.

 

8. Unsolicited Idea Submissions

We will consider any ideas, comments, suggestions, posting of contents or Item descriptions (“Submissions”) that we receive to be non-confidential and non-proprietary. We may use or redistribute the contents for any purpose and shall be entitled to unrestricted use of the Submissions without any compensation to the person or entity that make the Submission(s).]

9. System Integrity

You acknowledge that we take no responsibility for any system unavailability or for any loss that is incurred as a result of Eseller.hk being unavailable. Further, we assume no responsibility for the corruption of any data or information held by us.

 

10. Intellectual property rights

10.1

All software and content at Eseller.hk are the intellectual property of Eseller and are protected by intellectual property and copyright laws and international treaty provisions.. You may not, without our prior written permission, in any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of Eseller.hk, or commercialize, copy or on-sell any information or Items obtained from any part of Eseller.hk that comprise intellectual property of Eseller.

10.2.

We are not responsible for third party contents or claims on copyrights, trademarks and/or licences. Content on Eseller.hk may be provided by third parties, either as a result of submission by Users or by selection by us. Any opinions, advice, statements, descriptions, services, offers, information or other content expressed or made by third parties on or through Eseller.hk are solely those of the respective authors or distributors and neither we nor our affiliates shall be liable for the contents therein.

10.3

We shall not be liable for any damages resulting from any infringement of copyrights, trademarks or other proprietary rights in any third party content. Unless required by law, we shall have sole discretion regarding the removal of the allegedly infringing materials from Eseller.hk. If we exercise our discretion to remove the allegedly infringing materials from Eseller.hk we may restore your materials or account privileges upon written notification from the complaining party, together with sufficient evidence, that the dispute has been resolved. What constitutes sufficient evidence of the resolution of such a dispute is to be determined by Eseller at our sole discretion. For the avoidance of doubt, Eseller shall not be liable for any damages and/or inconvenience however caused by the removal of materials from Eseller.hk.

 

11. Electronic Communications

We may communicate with you by e-mail notices on Eseller.hk. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.

 

12. Licence and Site Access

We grant you a limited, non-exclusive and revocable licence to access and make use of Eseller.hk. This licence does not include any resale or commercial use of Eseller.hk or its contents; any derivative use of the Eseller.hk or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by us in a separate licence, your right to use any software, data, documentation or other materials that you access or download through Eseller.hk is subject to these Terms of Use.

 

13. Reviews, Comments, Communications, Ratings and other Content

13.1

Users or other authorized persons may submit reviews, comments, contest entries, articles and other content to Eseller.hk and also disclose content, ideas, comments, questions or other materials on Eseller.hk, provided that the content is not content that is prohibited under these Terms of Use. We reserve the right to remove or edit such content.

13.2

By submitting content to Eseller.hk you grant Eseller a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non commercially exploit in any manner, any and all of the content that you submit to Eseller.hk, provided however that we will not alter any of your trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of your trademarks. Nothing in these Terms of Use will prevent or impair our right to use without your consent the content and any other materials provided by you to the extent that such is allowable without a license from you or your affiliates under applicable law.

 

14. Reservation of Rights

Eseller reserves the right to determine the content, appearance, design, functionality and other aspects of Eseller.hk and the services provided on it, including the right to re-design, modify, remove and/or alter the content, appearance, design, functionality and other aspects of Eseller.hk and its services and any element, aspect, portion or feature thereof from time to time.

 

15. Rules for Buyers

15.1 – Becoming a Buyer – account registration and Verification

In order to use the buying services on Eseller.hk, you need to be above the age of 18 and have a valid Eseller.hk Member account with record your personal information including, name, contact number and email provided to Eseller.

15.2 – Payment

15.2.1

By confirming an order you have entered into a binding contract with  Eseller.hk to purchase the Item. Some order status or messages may be delivered directly to your registered email account, therefore please make sure that the account is valid before placing an order.

15.2.2

Once an order is confirmed, you shall pay through the online payment method provided at once. The payment methods we provided may be changed from time to time.

15.2.3

Any online payment made will be made through third-party online payment service providers. It is that service provider (ie. not Eseller) that is responsible for the safety and privacy of your payment details. The processing of online payment(s) is solely the responsibility of the online payment service provider and is subject to the terms and conditions of that company. We accept no responsibility for any loss or damages which may arise as a result of the making of a payment through these online service providers. You should ensure that you have read and agree to any such terms and conditions before providing your payment details through the online payment service provider.

15.2.4 – Taxes

Taxes and duties applicable to your order depend on the shipping country of your order. All prices shown are exclusive of any taxes or duties payable. The Buyer will be responsible for the payment of all import tax and duties levied by the country to which the products are shipped and payment of the said tax and duties is necessary for the release of the products ordered from the Customs on arrival.

15.3 – Rules about Buying

15.3.1

We shall not be liable to you for and in respect of any loss or damage in connection with any online or offline payment made by you including (without limitation) any loss and/or damage by reason of (a) any failure, delay, interruption, suspension or restriction of the transmission of any information or message from any payment gateways, (b) any error in or omission from any information or message transmitted by the said payment gateways, (c) any breakdown, malfunction or failure of those gateways, or (d) anything arising out of or in connection with them.

15.3.2

You must consider your purchase through Eseller.hk carefully. A confirmed order is a legally binding contract . Moreover, additional fees may be applied when an order is cancelled.

15.3.3

You consent that your personal data may be disclosed to the supplier or other third parties for the purpose of effectuating the transactions through Eseller.hk and delivering the Items.

15.3.4

We do not sell any Items to anyone whom we have reasons to suspect to be under the age of 18. If you are under 18, please ask your parent or guardian to purchase the Items for you.

15.4 – Feedback

15.4.1

Member can only make comment and rate on an Item or any eShop after purchasing it.

15.5 – Problem with Items

If you are having any problem in connection with an Item ordered/purchased, you should direct your queries to our customer service.

 

16 Acceptance of your order

16.1 Eseller reserves its right not to accept an order for any reason in its sole discretion (including, but not limited to, any of the following):

– The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items.

– We identify a pricing or product description error.

– We are unable to obtain authorization for your payment.

– You do not meet the eligibility criteria to purchase the Product in accordance with our Terms and Conditions of Service.

Our Customer Service team will contact you as soon as possible if there is any problem with your order.

 

17. No Warranties

17.1

Eseller.hk and its services are provided on an “as is” basis. Eseller makes no other representations or warranties of any kind, express or implied, including without limitation the following:

17.1.1

warranties of merchantability, fitness for purpose, product descriptions, title and non-infringement in respect of the Items sold on Eseller.hk;

17.1.2

that Eseller.hk or its services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;

17.1.3

that the information, content or materials included on the site will be as represented by Eseller, available for sale, lawfully able to be sold or that the Buyers will perform their obligations;

17.1.4

any implied warranty arising from course of dealing or usage of trade;

17.1.5

any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Eseller; and

17.1.6

to the full extent permissible under the applicable law, Eseller disclaims any and all such warranties.

 

18. Disputes

18.1

If you have a dispute with one or more Users or any third party in relation to your use of Eseller.hk, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. We encourage you to exercise caution and use common sense and practice safe buying when using Eseller.hk.

 

19. Indemnity and Defence

You agree to indemnify and hold Eseller (including its directors, officers, employees, parent companies, subsidiaries, affiliates and agents) harmless from and against any and all claims, cost, losses, damages, judgments, penalties, interest and expenses (including legal fees) arising out of any claim (being any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or an entity) that relates or arises out of your use of Eseller.hk.

 

20. Limitation of Liability

To the fullest extent permitted by law, Eseller will not be liable for any damage of any kind, including without limitation direct, indirect, incidental, punitive, special or consequential damages (including, without limitation any loss of profits, loss of revenue or loss of data) arising out of or in connection with these Terms of Use, the access or use of Eseller.hk, the transactions entered into through Eseller.hk or those resulting from any Item purchased or obtained through Eseller.hk, including (but not limited to) any damages for loss of profits, goodwill, use, data or other intangible losses resulting from (i) the use or inability to use the service of Eseller.hk; (ii) products, data, information, services or messages received or purchased directly from or via Eseller.hk, or the replacement cost of products and services derived from such dealings; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party as a result of the service provided by Eseller.hk or (v) any other matters relating to the service of Eseller.hk.

 

21. Refuse access or use of Eseller.hk

Eseller, in its sole discretion, may refuse service to any one for any reason. Eseller may refuse access to or use of Eseller.hk by any person.

 

22. No Agency

No agency, partnership, fiduciary, trustee, joint venture, employee-employer or franchiser-franchisee relationship or collaboration or any other relationship is intended or created by your agreement to these Terms of Use. You cannot hold yourself out as a representative of Eseller or Eseller.hk.

 

23. Severability

If any provision of these Terms of Use becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms of Use, which shall continue in full force and effect.

 

24. No Waiver

If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of that right. We will not be considered to have waived any of our rights or remedies described in these Terms of Use unless the waiver is in writing and signed by us. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any term of these Terms of Use will not constitute a waiver of our right to subsequently enforce such term or any other terms of these Terms of Use.

 

25. Site Monitoring and Policy Enforcement

We reserve the right to review and take appropriate actions to deal with any violation of these Terms of Use, including, without limitation removing, disabling or suspending use by any User that violates these Terms of Use, to claim from you for all losses and/or damages as a result of your breach and to report any activity that we suspect to have violated any relevant law or regulation to appropriate law enforcement agencies.

 

26. Disclaimer

26.1

You acknowledge and agree that if you decide to browse or use the services provided on Eseller.hk, you do so entirely at your own risk. In no event shall Eseller (including its directors, officers, employees, parent companies, subsidiaries, affiliates or agents) be liable for any loss or damage, direct or indirect, general or special, compensatory, consequential, incidental, arising from or in connection with or otherwise associated with your browsing or use of Eseller.hk.

26.2

We take no responsibility for any of the Items offered or provided on Eseller.hk. We have no control over the quality, fitness, safety, reliability, legality or any other aspect of any of the Items that you may purchase or sell on Eseller.hk.

26.3

We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any third party content. Under no circumstances will Eseller be liable for or in connection with any errors or omissions in any third party content or embedded links, any loss or damage caused by your reliance on or any other harm arising from any third party content.

26.4

Eseller does not guarantee Any material downloaded or otherwise obtained through the access to or use of the services on Eseller.hk will be error free or that the Website or the servers that make it available are free of viruses or the harmful components. Your access to the Website is done at your own risk and discretion and you shall be solely responsible for any damage to your computer system or damage or loss of data resulting from accessing to or the download of any information.

 

27. Governing Law

These Terms of Use are governed by the laws of Hong Kong. You agree to submit to the non-exclusive jurisdiction of the Courts of Hong Kong Special Administrative Region of the People’s Republic of China.