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Terms and Conditions

Term and Condition

Please read these terms and conditions carefully before using this XGEARHK Online Shop website ( "this site", "our site" ).

This website is operated by XGEARHK Online Shop. Any references to "us" or XGEARHK are references to XGEARHK Online Shop.

By using this site, you have accepted these terms and conditions of Use. If you do not agree to these terms and conditions, please do not use this site. XGEARHK reserves the right to modify or amend these terms and conditions from time to time without notice.

Registration and Security

You may need to register an account to access some of the services or features. Register an account represents you agree to provide true, accurate, current and complete information in all respects.

Using this site represents you agree to accept responsibility for all activities conducted through your account. You are solely responsible for any and all uses of your account, and you must keep your account and password secure. If you feel or suspect any misappropriated or unauthorized use of your account, you must notify XGEARHK immediately. Although XGEARHK will not be liable for any unauthorized use of your account, you may be liable for the losses of XGEARHK or others due to such unauthorized use.

Your confidential use of this site cannot be guaranteed by XGEARHK XGEARHK shall not be responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to information you transmitted to the site.

Prohibitions and Failure to Comply

We may take actions against your account for activities includes, but is not limited to, the following:

·         Using any technique attempts to hide the use of multiple accounts, or disrupt any of our services in any way

·         Initiate any messages that contain illegal, harmful, threaten, abusive, harass, defamatory, vulgar, obscene, profane, hateful, or material cause racial and ethnical objectionable

·         Promote or send any spam

·         Impersonate others or provide any kind of false information

XGEARHK has the sole and absolute discretion to terminate or suspend your account without giving reasons thereof. Circumstances which may lead to termination of account include but are not limited to suspected illegal or dishonest activities and breach of these terms and conditions etc.

Warranty Disclaimer and Limitation of Liability

All contents on this Website are provided solely for recreational and promotional purposes. Your use and browsing of this site is at your own risk. The contents could include technical inaccuracies or other errors. All contents on this site are provided to you "as is" without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability, non-infringement, and fitness for a particular purpose. XGEARHK does not warrant that use of this site will be uninterrupted or error-free, that defects will be corrected, or that our site or the server that makes it available are free of viruses or other harmful components. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the website is free of viruses or other harmful code. XGEARHK does not warrant or make any representations regarding the correctness, accuracy, or reliability of any content available through this site. You are responsible for verifying any information before relying on it.

XGEARHK reserve the right to withdraw or modify any related service without notice. If this site can not be used for any reason at any time or for any period, we are not responsible.

Outside Links

This site may contains other off-sites websites or resources. XGEARHK can not control those websites and resources, so we will not responsible for any charges after the use of such websites and resources arise or related to the loss or damage. XGEARHK is not responsible for the privacy practices or the content of any off-site pages or any other sites linked to this site, whether or not they are affiliated with XGEARHK . Such linked sites are for your convenience only and you access them at your own risk. XGEARHK  makes no representations or warranties as to the accuracy or functioning of any such link.

Terms and Conditions of XGEARHK Online 

These terms and conditions shall apply when you purchase our products through our website. Before placing any order, please read these terms and conditions. Please note that purchasing any products through this website shall mean that you have read, understood and agreed to these terms and conditions as well as our privacy policy and terms of use of website. Any product purchased from this website shall be bound by all these terms and conditions. In the event of discrepancy or inconsistency between these terms and conditions and the privacy policy and/or the terms of use of website, the provisions of these terms and conditions shall prevail.

Basis of the Contract

You wish to purchase products from us through this website. Such transaction shall always be bound by these terms and conditions. These terms and conditions shall be considered as an important part of forming the contract between you and us for the products purchase. It prevails any other terms and conditions in the order issued by you. For the avoidance of doubt, these terms and conditions are not applicable to any sale and purchase of products effected at any other of our authorized online sales channels or XGEARHK store.

 By placing an order with us, you hereby warrant and represent that:

·         You have attained the age of 18 and have the capacity and ability to enter into legally binding contracts;

·         The name and personal data you have used when placing an Order with us is the same as on your identity card / passport and credit card;

·         You understand that we shall only sell and deliver the Products to end user customers;

·         You will not resell or supply the products, and will not resell or supply the Products to any person who you know or have reason to believe may resell or supply.

  

Warehouse Supply

All orders are subject to stock availability and confirmation of the order price. Products in your shopping basket are not reserved and may be purchased by other customers.

Product Description

XGEARHK online shop will endeavor to ensure that the content and product descriptions on this site to be accurate and complete as possible. However, XGEARHK do not warrant that the content and product descriptions are accurate, complete, current or error-free.

Price

All prices shown on this website are in Hong Kong Dollars (HKD). Prices displayed on the Site at the time your order is accepted will be honored except in the case of obvious error. Whilst we use our best endeavors to ensure that all prices appeared on the site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors.

Prices listed on this site only represents such product published price. XGEARHK reserve our rights to adjust the price without further notification. If you doubt the published content in this site are errors and omissions, XGEARHK is not responsible for interpretation and does not assume the relevant responsibilities. Prices listed on this site is only applicable to online shopping on this site.

If your credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Payment

Payment shall be made by using designed credit cards namely Visa, MasterCard, AmericanExpress and UnionPay by PayPal. By placing an order using one of the above Credit/Debit card and online payment methods, you confirm that the Credit/Debit card(s) o account used is yours or that you have been authorized by the owner to use it. You agree to pay for every order made under your login account or credit card and agree to indemnify us for any claims, losses and damages whatsoever arising from the actions of any person placing any order for the products using your login account or credit card. You shall be responsible for notifying your bank of and be liable for any changes to your record, or loss, theft or unauthorized use of your credit card.

Upon our receipt of full payment (including selling price and any other additional charges) of the Products, we will arrange delivery. If your card issuer refuses to authorize payment to XGEARHK , we will not be liable for any delay or non-delivery. 

Warranty and Liability

Views expressed in any media by the designers, companies or third parties, whose products are sold on this site or with whom we are associated, are their own. XGEARHK takes no responsibility for any such views as they do not necessarily reflect ours.

Any conditions or warranties, whether expressed or implied by statute, common law, trade custom, or otherwise, including warranties of merchantability or of fitness for a particular purpose, and any additional liability, compensation or indemnification, other than those are expressly provided for in these terms and conditions, are, insofar as permitted by law, hereby expressly rejected.

If you use any personal password to gain access to this site, we shall not be liable for any offline password management. You shall ensure that your password is kept strictly confidential to prevent unauthorized use. We shall not be liable for any loss or damages whatsoever if any third party gains unauthorized access to this Website by using your password.

We give no warranty as to the accuracy of the information contained on this site. We shall not be liable for any liability arising from any inaccuracy or inconsistency of the information, willful damages, negligence, operation under abnormal conditions, any use that do not abide by our written or verbal guidelines, any incorrect use or damages caused by repair or modification made without getting our prior written approval. The digital images displayed on this Website are for reference only. Any typographical error, clerical or other error or omission on this site, any sales literature, quotation, price list, acceptance of offer, invoice, statement made during customer service or other document or information issued by us shall be subject to correction at any time without any liability on our part.

You shall be responsible for ensuring the completeness, correctness and accuracy of all information provided in connection with your order, including without limitation, the delivery address, recipient information and payment details. We shall not be liable for any failure or delay or otherwise in discharging our obligations and/or performing our duties under this terms and conditions if such default is in any way due to the incomplete, incorrect and/or misleading information provided by you in respect of the order. You undertake to indemnify and hold us harmless and our relevant third parties from and against all costs, losses and damages incurred or suffered as a result of your provision of incomplete, incorrect and/or misleading information in respect of the order. 

We shall not be liable for any losses, damages, costs and expenses directly or indirectly suffered by you (including but not limited to, loss of profits, loss of savings, loss of goodwill, loss of revenue or loss of contracts incurred by you, whether anticipated or actual, or any special indirect or consequential damages of any nature whatsoever) or any action, claims and proceedings taken against you by any third parties in connection with, incidental to and consequential upon the performance of us in relation to these terms and conditions. Notwithstanding anything to the contrary, to the extent permitted by law, our total aggregate liability in contract, tort, equity or otherwise for any direct loss or damage arising out of or in connection with these terms and conditions shall be limited to the total amount paid by you in respect of the products arising with problems.

Force Majeure

If the performance by us under this site is prevented by reason of force majeure (which shall include fire, casualty, accident, act of God, natural disaster, any law, order, declaration, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever beyond the reasonable control of us), we shall not be liable from such performance to the extent of such prevention.

  

Copyright

Unless otherwise specified in end user licence agreement of the Products, the sale or redemption of any Products shall not include any right, title or interest in any of the Intellectual Property rights found in or relating to such Products. All such copyrights and other Intellectual Property rights shall at all times remain the property of Product manufacturers. Reproduction of any Intellectual Property rights in the Product in any manner is expressively barred. You shall be liable for all consequences caused by your breach of Copyright Ordinance.

General

These terms and conditions, privacy policy and terms of use of this site, together with the order and order confirmation shall constitute the entire agreement and understanding between you and us in relation to the transaction of the products and shall supersede in all aspects all previous correspondence, understandings and agreements, between you and us in respect of the same. You shall not assign or transfer any rights or obligations under these terms and conditions or the contract to any third party without our prior written consent thereto. 

No failure or delay by us in exercising any right, power or remedy under these terms and conditions or the contract shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of these terms and conditions or the contract shall be deemed to be a waiver of any subsequent breach of that or any other provision of the same.

 The provisions contained in each clause of these terms and conditions shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. In the event any provision of these terms and conditions is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of these terms and conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law. 

These terms and conditions shall be governed and interpreted by the laws of the Hong Kong Special Administrative Region. You hereby irrevocably submit to the jurisdiction of the Hong Kong Courts in connection with any disputes arising from or in connection with these terms and conditions.

In case of any discrepancies occurring between the Chinese and the English versions of these terms and conditions, the Chinese version shall prevail.

Complaints

Please contact XGEARHK customer care team for any order related complaints or comments.

In the event that there is any inconsistency between the English and Chinese versions of this PPS, the Chinese version shall prevail. 

This PPS was last updated on 26 October 2015.

Personal Data Privacy Policy

We take our customers, privacy seriously and we will only collect your personal information as outlined below. 

We shall therefore only use your name and other information, which relates to you in the manner set out in this PPS. We will only collect information where it is necessary for us to do so and we will only collect information if it is relevant to our dealings with you.

Please read the following to learn what information we collect from you and how we will use that information. If  you have any questions about our PPS, please e-mail us at order@citibest.com.hk . Please read and review this PPS carefully before using this website / Apps. By using this website / Apps, you agree to these terms and conditions. If you do not agree to be bounded by these terms and conditions, please do not proceed any further and do not access or use this website / Apps.

Changes to the Privacy Policy Statement

We reserve the right to modify and change the PPS at any time. Any changes to this PPS will be published on our website / Apps and effective immediately. It is the responsibility to review this website / Apps periodically to understand any revisions to this PPS. Your continued use of the website / Apps after the effectiveness of such revisions will constitute your acknowledgment and acceptance of the terms of the revised PPS.

Sign Up For Marketing E-mail List

Signing up enables you to receive information and offers about our products that we provide via e-mail. Consent is needed from you in order for us to send you marketing e-mails but you have a choice to opt-out of marketing e-mail at the time you sign up. If you do not wish to receive such information, you can unsubscribe from marketing information at anytime by using the unsubscribe function within your profile account.

Collection of Personal Information

When you create a XGEARHK membership account the personal information we collect may include your name, date of Birth, gender, phone and e-mail address.

When you order products or services, we may also ask you to provide us with your postal address, contact number and credit card related information. The information we ask you to provide are identified as mandatory. You may decline to provide us the requested information, but in such case we may not be able to provide the services to you.

The personal information we collect from you will be used in some or all of the following ways:

1.     To deliver the products you have purchased

2.     To update you on the delivery of the product and for customer support purposes

3.     To provide you with relevant product information

4.     To process your orders and to provide you with the services and information offered through our website / Apps which you requested.

5.     To verify and carry out financial transactions in relation to payments you make online

Retention of Personal Data

Unless there is a mandatory legal requirement for us to keep your personal data for a specified period, we will only retain your personal data for as long as necessary to fulfill the original purposes of collection. We will periodically redact, purge or anonymize unnecessary personal data in our system in accordance with our internal procedures.

Updating Your Personal Information

You can update your personal information anytime by accessing your account on website / Apps.

Delete your account

If you request to have your account permanently deleted, please e-mail us at order@citibest.com.hk

Information We Share With Third Parties

We do not sell or trade customers personal information collected online with third parties.

Name And Postal Addresses

We may pass your name and address to a third party in order to make delivery of the product to you ( for example our courier ).

No disclosure of personal identifiable information to third parties is allowed except with the consent of the relevant customer or the disclosure has already been authorised in the circular or otherwise is permitted or required by law.

Online Transactions

Payments that you make through the website / Apps will be processed by our payment gateway Paypal. You must only submit to our payment gateway the website / Apps information which is accurate and not misleading and you must keep it up to date and inform us of any changes.

You will be required to provide your full name, credit card type, credit card number, and expiry date and csv code on your credit card.

Your actual order details may be stored with us but for security reasons cannot be retrieved your credit card information directly by us. However, you may access this information by logging into your account on the website / Apps. Here you can view the details of your orders that have been completed, those which are open and those which are shortly to be dispatched and administer your address details, bank details and any newsletter to which you may have subscribed. You undertake to treat the personal access data confidentially and not make it available to unauthorised third parties. We cannot assume any liability for misuse of passwords unless this misuse is our fault.

Security of your personal information

All reasonable efforts are made to ensure that any personal data held by us is stored in a secure and safe place, and accessed only by our authorised employees or authorised third party service provider. We protect your data using encryption.

You should be aware that no system is impenetrable and no information provided over the Internet can be guaranteed to be completely secure. Accordingly, we cannot guarantee the security of any information that you transmit to us or receive from us over the Internet.

Privacy of Children

We does not plan or intend to collect data from underage below 18. To respect the privacy of underage, underage below 18 should not provide any data on this website / Apps. We expect parents monitor their children when they surf on this website / Apps.

Cookies

When you visit our website / Apps, our company servers will automatically record information that your browser sends whenever you visit a website / Apps. This data may include:

1.     Your computers / mobile devices IP address

2.     Browser type

3.     Webpage you were visiting before you came to our site

4.     The pages you visit

5.     The time spent on those pages, items and information searched for on our site, access times and dates, and other statistics

This information is collected for analysis and evaluation purposes in order to help us improve our website / Apps and the services and products we provide. This data cannot be used to identify the individual customer.

Data Access or Correction Requests

Data access requests may be made by completing a request form.

( http://www.pcpd.org.hk/english/publications/files/Dforme.pdf )

Completed form should be addressed to:

XGEARHK  (under Citibest Technologies Limited) 

Unit A, 18/F, Legend Tower, 7 Shing Yip Street,

 Kwun Tong, Kowloon, Hong Kong

 

We may charge a reasonable fee for processing a data access request.

Correction of personal data may be made in writing by e-mail at order@citibest.com.hk

Customer Service

  +852 2865 2248

order@citibest.com.hk