Terms of Service for Hong Kong market
1. Services
1.1 Hong Kong market's transactions are owned and managed by 3D Wonders Hong Kong Limited (collectively “we” or the “Company”). The site https://3dwonders.shop is owned by 3D Wonders LLC. 3D Wonders LLC provides a license to 3D Wonders Hong Kong Limited to use the site https://3dwonders.shop to market its products.
1.2 Customers located in Hong Kong territory at the point of purchase, is transacting with 3D Wonders Hong Kong Limited and bounded by the following terms and conditions. By using the site you agree to be bound by the following terms and conditions. Please read them carefully.
1.3 We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on the site. Your continued access and use of the site and our services shall represent your unconditional acceptance of the latest version of the terms and conditions.
1.4 The meaning of some words used in these terms and conditions:
1.4.1 “We”, “Us” or “Our” is a reference to 3D Wonders Hong Kong Limited.
1.4.2 “You” or “Your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.
1.4.3 “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to the site.
1.4.4 “Merchandise” means the goods you ordered through the site, which you will pay for.
1.4.5 “Intellectual property rights” means any and all patents, trade marks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
1.4.6 “Services” has the meaning given in clause 1.1.
1.4.7 “Supplier” means the seller and supplier of the merchandise you ordered through the site.
1.4.8 “Site” means https://3dwonders.shop.
1.4.9 “User Content” has the meaning given in clause 11.1.
2. Subscription or Order
2.1 When you subscribe to the newsletter or place an order, you represent to us that you are aged 18 years or above and capable of forming a legally binding contract.
2.2 You represent to us and to all suppliers of the merchandise through the site that all purchases made by you through the site will be within the scope of your authority to conclude contracts.
2.3 In consideration of your use of our services, you agree to:
2.3.1 provide true, accurate, current and complete information about yourself when filling out the order form; and
2.3.2 maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your subscription or cancel your order.
3. Product and Order
3.1 Some products on the site https://3dwonders.shop may not be available to the customers in Hong Kong. Please email us hello.hk@3dwonders.shop for product availability.
3.2 The price of each product available to Hong Kong market is determined by 3D Wonders Hong Kong Limited. Such price may be equal to or higher / lower than the HKD equivalent of the USD price shown on the site.
3.3. Except where otherwise specified, we are not the seller or supplier of the merchandise. We are responsible for managing and administering the site, arranging order processing and fulfillment for the merchandise you ordered from the suppliers through the site or through contacting us by email or phone call or whatsapp.
3.4 When you place an order you are making an offer to buy from the supplier the merchandise you have specified at the price stated for those merchandise. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
3.5 We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:
3.5.1 Details of what you have ordered,
3.5.2 Details of the price charged,
3.5.3 Information about the progress of your order, and
3.5.4 Estimated dispatch and delivery information.
This communication will be our acceptance of your order on behalf of the supplier. You may track your order status online or by contacting us by email or phone call or whatsapp.
3.6 Our acceptance of your order will only cover the merchandise mentioned in it and may not cover all the merchandise you ordered. If this is the case, then the order you made for the remaining merchandise will only be accepted when we send a further acceptance of that part of your order.
3.7 Please email or contact us by phone call or whatsapp to confirm the availability of the merchandise.
3.8 We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
3.8.1 No sufficient stock to deliver the merchandise you have ordered;
3.8.2 No delivery can be arranged for your area; or
3.8.3 One or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.
3.9 If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
3.10 A complimentary minimum 1-year manufacturer warranty is provided by the manufacturer of the 3D scanner. Manufacturer warranty covers any manufacturing defects that cause the 3D scanner not working as intended, with a target repair completion time of 30 days. The warranty does not cover any faults caused by accident, neglect, misuse or normal wear and tear.
4. Price and Payment
4.1 We will use all reasonable commercial endeavors to display accurate and up to date prices on the site. However, because prices of the type of merchandise for sale are often updated by the supplier we cannot state the definite price until we send you our acceptance of your order.
4.2 If the price of the merchandise is higher at the time we are ready to send our acceptance of your order to what it was at the time you placed your order then we will either:
4.2.1 Cancel your order, or
4.2.2 Contact you to ask you whether you wish to pay the higher price or cancel your order.
4.3 If the order is cancelled by us, if you have already made any payment, we will make a refund. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.
4.4 When you place an order you authorise us to debit the credit card you specify on your order for the amount of the order at the time we send our acceptance of your order. Title in the merchandise does not pass to you until payment has been received.
4.5 We use third party payment service 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 us and a 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 making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
4.6 For manual order by email or phone call, we accept bank wire transfer or cheque payment. Payment is required before shipping.
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Delivery
5.1 Basic terms
Goods sold are non-refundable.
Regular-priced goods or Goods sold on educational discount, with receipt can be exchanged within 7 days.
No exchange for used or damaged goods, items sold on sale or on special discount.
In case of disputes, our decisions are final and conclusive.
Delivery service is only offered to locations within HKSAR (given by customer when placing order), which includes Hong Kong Island, Kowloon and New Territories, except Airport, Restricted Areas, Outlying Islands, Discovery Bay, Ma Wan, Tung Chung and any place which cannot be reachable by public transportation.
Free delivery service will be offered once when you purchase for an amount of HK$500 or above.
The ordered product will be dispatched within 14 working days after the payment is confirmed. Parking service must be available for the delivery address. An extra delivery fee of $30 will be charged for some remote or non-commercial areas (home delivery to door).
If the door of the delivery building cannot be reachable by delivery truck (5.5 tones or above) so that the deliveryman needs to carry the product to the building, or no elevator in the delivery building, or the product is not able to or not permitted to enter the lifts or elevators so that the product needs to be carried through stairs, additional fee is required. You need to pay an additional fee by cash.
“Stair Charge”: Indoor and outdoor stair charges will be counted by floor, and 8 steps are counted as 1 floor. For 1st to 8th floor $200 will be charged for each floor and each product; from 9th floor or above $300 will be charged for each floor and each product.
“Push Road Charge” (applied to countryside/village only): first 10 meters free of charge, after that each 50 meters is charged for $500 (level road) or $800 (ramp).
You will be contacted by the deliveryman to confirm the delivery date and time. In general, delivery service will be cancelled if we can’t contact the customer.
If you confirm the delivery date and time, but do not succeed in receiving the goods, an additional fee will be charged for arranging the delivery service again.
When Typhoon Signal No. 8 or above or Black Rainstorm warning signal is hoisted on the scheduled delivery date or the day before, delivery services will be postponed or cancelled, and the delivery services will be rescheduled.
5.2 We will deliver the merchandise ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. You agree to present your photo identification upon request when you acknowledge receipt of the merchandise. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise is delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons.
5.5 You will become the owner of the merchandise you have ordered when they have been delivered to you. Once merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
6. Returns or Exchanges
Please contact us within 7 days of receiving the purchased item if you find any damage on the purchased item. According to the terms and conditions of our return policy, if you request to return the damaged goods due to production errors within 7 days from the date of arrival of the goods, we will arrange the replacement according to the specific circumstances. When you return the goods, please provide the original documents. When returning the goods, please ensure that the goods are returned with the original packaging box together with all the original packaging materials such as the manual and the accessories in the packaging box. If any original accessories are lost, we reserve the right to charge a restocking fee.
Items that cannot be returned include the following:
Any item that is damaged, malfunctions, or malfunctions due to accident, abuse, misuse, power problems, improper use and/or storage and/or installation in accordance with product instructions
Any item that does not meet the return requirements or procedures in our return policy
7. Disclaimer of Warranties and Limitation of Liability
7.1 3D Wonders LLC and we (3D Wonders Hong Kong Limited) do not represent or warrant that access to the site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
7.2 3D Wonders LLC and we (3D Wonders Hong Kong Limited) do not represent or warrant to you that the site or any of its contents will be accurate, complete or reliable.
7.3 3D Wonders LLC and we (3D Wonders Hong Kong Limited) do not represent or warrant that:
7.3.1 Any services (whether or not provided by us) will be provided with due care and skill; or
7.3.2 Any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
7.4 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
7.5 To the extent permitted by law, 3D Wonders LLC and we (3D Wonders Hong Kong Limited) exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which 3D Wonders LLC and we (3D Wonders Hong Kong Limited) may otherwise have to you as a result of:
7.5.1 Any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the site (including using our applications or software) or any information on the site;
7.5.2 The unavailability of the site (or any part of it), merchandise or services;
7.5.3 Any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
7.5.4 Any merchandise not being of merchantable quality or fit for their intended purpose; or
7.5.5 Any misrepresentation on or relating to the site, the merchandise or the services.
7.6 Save as required by law:
7.6.1 3D Wonders LLC and we (3D Wonders Hong Kong Limited) will not be liable 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 us, and
7.6.2 3D Wonders LLC and we (3D Wonders Hong Kong Limited) will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
7.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from the site. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
7.8 You agree that each of these limitations is reasonable having regard to the nature of the site and in particular given that when you purchase merchandise through the site or through contacting us by email or phone call or whatsapp, you will enter into a separate contract with the supplier in each case.
7.9 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.
7.10 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
8. Warranties
8.1 You represent, warrant and covenant that you will not:
8.1.1 Use the site for any fraudulent or unlawful purpose;
8.1.2 Use the site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
8.1.3 Interfere with or disrupt the operation of the site or the servers or networks used to make the site available; or violate any requirements, procedures, policies or regulations of such networks;
8.1.4 Transmit or otherwise make available in connection with the site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
8.1.5 Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the site (including our applications or software);
8.1.6 Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the site (including our applications or software);
8.1.7 Frame or mirror any part of the site without our express prior written consent;
8.1.8 Create a database by systematically downloading and storing the content, user content or any site content; and
8.1.9 Infringe any copyright, design right and intellectual property right in the merchandise.
9. Content
9.1 The intellectual property rights in all Content are owned, controlled by or licensed to us. Except for the rights granted to you under clause 10.2, nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.
9.2 Subject to these terms and conditions, you may use the Content for your own personal purposes.
9.3 Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:
9.3.1 use the Content for any commercial or other non-personal purpose;
9.3.2 make any copies of the Content or transfer the Content to any other device or any other person; or
9.3.3 otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
9.4 You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this clause.
9.5 We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the content of advertisements appearing on the site rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on the site.
10. User Generated Content
10.1 When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to the site (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this clause 10.1 include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
10.2 You represent, warrant and covenant that:
10.2.1 You have the legal right and authority to grant the licence in clause 10.1 above;
10.2.2 You are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in clause 10.1 above;
10.2.3 By exercising the licence in clause 10.1 above, we shall not infringe the intellectual property rights or other rights of any third party;
10.2.4 To the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in clause 10.1 above;
10.2.5 The User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on the site; and
10.2.6 At our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
11. Indemnity
You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
12.Linked Websites
Certain links, including hypertext links, in the site will take you outside the site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside the site.
13. Termination
13.1 3D Wonders LLC and we (3D Wonders Hong Kong Limited) may terminate your access to the site or registration immediately if you are in breach of any of these terms and conditions.
13.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
14. Intellectual Property
14.1 All intellectual property rights in the Content, User Content, design, text, graphics and other material on the site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any use without our prior written permission is strictly prohibited.
14.2 All trade marks, product names and company names or logos used in the site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, product names, company names, logos or titles and such use may constitute an infringement of the owner’s rights.
15. General
15.1 Where in these terms representations and warranties are made to us and to suppliers of merchandise through the site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you.
15.2 3D Wonders LLC and we (3D Wonders Hong Kong Limited) reserve the right at any time without notice to revise the content of the site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on the site and by continuing to use the site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
15.3 3D Wonders LLC and we (3D Wonders Hong Kong Limited) have made every effort to make clear whether the quoted prices for merchandise available through the site include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.
15.4 3D Wonders LLC and we (3D Wonders Hong Kong Limited) take privacy issues seriously. Our privacy policy covers our use of any information you provide. In using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
15.5 3D Wonders LLC and we (3D Wonders Hong Kong Limited) reserve the right at our sole discretion to deny users access to the site or any part of the site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
15.6 3D Wonders LLC and we (3D Wonders Hong Kong Limited) shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through the site resulting from any event or circumstance beyond our reasonable control.
15.7 If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
15.8 3D Wonders LLC and we (3D Wonders Hong Kong Limited) may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.
15.9 You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
15.10 These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
15.11 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
16. Promotion Code
16.1 Promotion code or coupon offered by us shall only be applicable for one-off purchase at the site subject to special terms and conditions.
16.2 Promotion code or coupon is neither refundable nor redeemable for cash. Any unused amount will be forfeited.
16.3 We reserve the right to terminate or vary the above offers. In the event of any dispute, our decision shall be final and conclusive.
16.4 You can get a free local delivery service once you purchase HK$500 or above. If you purchase less than HK$500, you will be charged HK$50 delivery fee. We will email you to set up delivery arrangement.
17. Terms and Conditions for Training
One-hour free online 3D scanner training can be offered after purchasing one of our 3D scanners or software. In-person training can only be offered on a case by case basis.
Online training enrollment is limited to a maximum of four people. In-person training is limited to one person only.
Some of the training courses will be taken photos or videos for recording and promotion. If attendees do not want to be filmed, please notify our staff at the time of registration to make a proper arrangement. In addition, attendees are strictly prohibited from doing video and audio recording during the course.
Regarding the adverse weather arrangements, if the Tropical Cyclone Warning Signal No. 8 (or above) or the Black Rainstorm Signal is still hoisted at/after 6:30am, all courses on that day will be automatically cancelled and the attendees will need to rebook the course.
3D Wonders Hong Kong Limited has the right to update the course without any prior notice.
Should any disputes arise, the decision of 3D Wonders Hong Kong Limited shall be final.
These terms and conditions form the integral part of these General Terms and Conditions.