Terms and Conditions

GENERAL

 

1. USE OF THE SITE

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

 

You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site.

 

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

 

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under any law anywhere in the world; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

 

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

 

2. PROPRIETARY RIGHTS

All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to Pacific Petals Limited or its affiliates. The collection, arrangement, and assembly of all Content (the “Compilation”) on this Site belongs exclusively to Pacific Petals Limited or its affiliates. The Content and Compilation are all protected by international copyright laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or materials on the Site.

 

3. PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available here.

 

4. PRODUCT INFORMATION

We strive to ensure that the information on the Site is complete and reliable. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true color nor that any given image will reflect or portray the full design or options relating to that product. The prices displayed on the Site are quoted in Hong Kong Dollars (HKD).

 

5. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

 

6. SITE TRANSACTIONS

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available. In the event we cancel an order, we will attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made.

 

7. RISK OF LOSS; OTHER TERMS OF SALE

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to you.

 

8. LINKS

This Site may contain links to other sites on the Internet that are owned and operated by third parties. Links are included solely for your convenience, and Pacific Petals makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Pacific Petals sites. Pacific Petals does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

 

9. SUBMITTED CONTENT

Pacific Petals does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site, you grant Pacific Petals a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Pacific Petals the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Pacific Petals will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

 

10. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

Pacific Petals specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, please provide us with the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

Please send the information to the following email address:

copyright@pacificpetals.com

 

11. INTERNATIONAL USE

We control and operate the Site from Hong Kong. We make no representation that materials on the Site are appropriate or available for use outside Hong Kong. If you choose to access this Site from outside Hong Kong, you do so at your own initiative and are responsible for compliance with your local laws and regulations.

 

12. DISCLAIMER

The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement, security or accuracy. Specifically, but without limitation, Pacific Petals does not warrant that: (1) the information on this site is correct, accurate or reliable; (2) the functions contained on this site will be uninterrupted or error-free; or (3) defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Pacific Petals Limited shall not be liable for any damages of any kind related to your use of the Sites.

 

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless, Pacific Petals, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from and against any demands, claims, liabilities, losses or expenses, including legal fees, arising from or related to your use of the Site, or your violation of these Terms or the Privacy Policy.

 

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL PACIFIC PETALS LIMITED, ITS AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF PACIFIC PETALS LIMITED HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PACIFIC PETALS LIMITED, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU ACTUALLY PAID TO PACIFIC PETALS LIMITED DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

 

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.

 

15. GOVERNING LAW AND JURISDICTION

The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of the Site 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 (“Hong Kong”). Both you and Pacific Petals Limited shall submit to the exclusive jurisdiction of the courts of Hong Kong.

 

16. TERMINATION

These terms are effective unless and until terminated by either you or Pacific Petals Limited. You may terminate this Agreement at any time. Pacific Petals Limited also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.