TERMS & CONDITIONS
USE OF WEBSITE
These terms and conditions will apply when you access this website. Before proceeding, we ask that you read and accept these terms and conditions. Please note that by using www.luvipod.com ("Website") you will be deemed to have agreed and accepted the terms and conditions contained herein.
This Website is operated by Faith Photo Limited, and any goods and services provided hereunder shall be supplied by Faith Photo Limited. References in these Terms and Conditions to “we” or “us” shall be deemed to be references to Faith Photo Limited.
1. USE OF THIS WEBSITE
1.1 You agree not to upload, post, publish, transmit or transfer to this Website (nor include in any message) any software files or other material which, (a) is or is in our opinion misleading, inaccurate, defamatory, illegal, obscene, threatening, deceptive, abusive, profane or offensive (or is likely to be perceived as such by any recipient), (b) is in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system, or adversely affects the performance or availability of this Website; or (c) is a breach of any person's rights (including without limit, copyright and confidentiality), or (d) contains a virus, cancelbot, Trojan horse, worm or is otherwise harmful; or (e) is in breach of any applicable law or regulation; or (f) contains any unauthorised advertising, promotion or solicitation; or (g) materially misrepresents facts which may be damaging or injurious to us, our clients or our or their agents.
1.2 You agree to indemnify us in full from and against any and all claims, liabilities, losses, damages, expenses and other costs whatsoever suffered or incurred as a result of any breach of your obligations under Clause 1.1, including, but not limited to, any claims made against us by any third party.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 You acknowledge and agree that the ownership of any and all intellectual property rights (including, but not limited to, copyright and trade marks) in this Website belongs to us or our third party licensors. Accordingly, any part of this Website (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this Website, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the relevant transaction.
2.2 Copyright and all other intellectual property rights subsisting in any database accessible via this Website and each and every piece of information provided through this Website is owned by us or the third party providers of such information. You may use information retrieved from this Website only for the purposes of the transaction in respect of which it was posted to this Website.
You may not link this Website to any other Website without our prior written consent. Where we provide links to a third party website, we do not take any responsibility for or make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext links in, from or with this Website, and we do not endorse or approve the content of such third party websites.
4.1 We cannot guarantee that any messages sent over the Internet will be completely secure. We will not accept any responsibility for any damages incurred by you if you send a message to us, or if we send a message to you at your request, over the Internet. We shall not be responsible in any manner for direct, indirect, special or consequential losses or damages howsoever arising out of the use of this Website. Communications over the Internet may be subject to interruption, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet or otherwise.
4.2 We are unable to guarantee that third parties will not be able to independently gain access to confidential information or data (including without limitation payment details and details of your personal identity) passing to or via this Website. Accordingly, we do not accept any responsibility or liability whatsoever for any loss or damage suffered or incurred by you as a result of any use or mis-use of any such confidential information or data by any such third party and you agree and acknowledge that your use of this Website shall be solely at your own risk.
5. THE WEBSITE
5.1 We reserve the right to change the content, presentation, performance, user facilities and availability of any part of this Website at our sole discretion and without notice. It is your responsibility to refer to and update yourself in relation to any changes made. They will come into effect immediately upon posting by us. We do not warrant any continuity of connection, transmission over, security of, or results from, the use of any network connection or facilities provided (or omitted to be provided) in connection with the use of this Website.
5.2 We may withdraw your right to use this Website at any time, for any reason and without notice.
5.3 We make no warranty as to the continuous availability of this Website.
6. LIABILITY AND INDEMINTY
6.1 You shall irrevocably indemnify us and our affiliates from and against any and all losses, damages and costs suffered or incurred by us, or our affiliates of whatsoever nature arising out of or in connection with your use, provision or distribution of information on the Website or otherwise, howsoever arising, in relation to any breach of these Terms and Conditions by you.
6.2 The Website, including without limitation, its contents, functionality, performance and features is provided on an “as available basis” at your sole risk and without representations or warranties of any kind and all warranties, conditions or terms (express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free) are expressly excluded. Accordingly, subject only to Clause 7.2, we shall not be liable for any losses (including direct, indirect, incidental, special or consequential damages) arising out of use of or inability to access the Website. It shall be your responsibility to make all necessary copies and backups of any information obtained or available from the Website. Accordingly, subject to Clause 7.2, you agree not to bring a claim of any nature against us in relation to your use of or access to the Website except where such a claim cannot be excluded by law. You acknowledge and agree that we will have the right (subject to the discretion of the Court) to a stay of proceedings if you bring any claim against us in breach of the foregoing.
7.1 You may not transfer your rights or obligations under these Terms and Conditions without our prior written consent.
7.2 We will not be liable to you for failure to fulfil obligations caused by events outside our control, including without limitation, any difficulties experienced by you in accessing this Website.
7.3 Your use of this Website is governed by the laws of the Hong Kong SAR and you agree to submit to the non-exclusive jurisdiction of the Courts of the Hong Kong SAR in relation to any dispute arising out of your use of or access to it.
7.4 These Terms and Conditions constitute the entire agreement between us relating to your use of this Website and shall supersede and replace all other contracts (except, where applicable), discussions, letters or communications (whether written or oral) relating to the subject matter hereof save that neither party excludes liability for any fraudulent misrepresentations made by it to the other party upon which the other party can be shown to have relied.
1. WHY WE NEED TO COLLECT DATA
You may be required to provide information ("Data") to Faith Photo Limited ("Faith" ) in order to register for membership, use or subscribe to certain services, make online purchases, or register for marketing activities held by Faith. Additional site use Data may be gathered as you navigate our web sites. This Data is gathered for the following main purposes:
(a) To establish your identity - for these purposes, contact information such as, name, correspondence and e-mail addresses will be collected from you during the registration process.
(b) To process online purchase with Faith - contact information, credit card details and other payment related information may be obtained.
(c) To subscribe the services and support - this Data comprises contact information, credit card details or other payment related information, as well as the services or support requested by you. This Data is also used to provide you with product and service updates and similar notices in respect of the services provided by Faith.
(d) To post messages submit posting to our social media, internet platform or any other means or answer a survey - email addresses or names will be collected.
(e) To tailor our service to your needs - information on service use may be used to compile aggregate statistics and carry out analysis in order to help us create content and navigation that is most relevant and user friendly to users.
(f) For marketing and promotional purposes for Faith’s products and/or services, as well as communication with members, including contacting you directly to inform you of new services or opportunities – names, email addresses, mobile phone number or addresses will be collected.
Whilst Faith endeavors to adhere to our strictest guidelines and select only reputable partners in providing the service, our privacy protection does not cover Data that you provide directly to third parties (including but not limited to buyers/sellers in online auctions, on-line merchants sites, other hyper linked website). Faith advises you to consult with the relevant parties before providing any data.
2. DISCLOSURE OF COLLECTED DATA
2.1 You acknowledge and authorize that all Data supplied by you will be retained by Faith and stored in one or more of our databases. Faith will maintain full control over and safeguard, according to strict standards of security and confidentiality all Data in these database and will NOT release to third parties except the following:
(a) Authorized employees of Faith who have received proper training on the handling of customer information.
(b) Third party service providers in providing support services including but not limited to administrative, customer services, logistics distribution, installation, telecommunications, computer, payment gateway, eMarketing, insurance, financing, and other professional services. These providers are contractually required to comply with requisite privacy standards.
(c) Credit reference or debt collection agency or similar provider of debt collection or credit information services to Faith for purpose of credit reporting, verification and risk management
(d) Any person by whom Faith is required to make disclosure by applicable legal, governmental or regulatory requirements.
(e) Any of Faith's actual or proposed assignees or transferees of Faith's rights during company's re-construction, re-organization or other similar situations.
(f) Persons whom you transact with through our service such as online merchants, any banking, financial or other institutions.
You further acknowledge that third parties to whom Data supplied by you may be transferred in accordance with paragraph 2.1 above may be situated outside Hong Kong.
2.2 Data will not be disclosed to third parties without your consent for marketing or promotional purposes.
3. USER PREFERENCES / OPT-OUT
Faith provides users with the opportunity to opt-out of receiving unsolicited communications from Faith from time to time and/or at the time of registration. In addition, if at any point in the future you do not wish to receive any unsolicited communications from Faith, simply contact our customer relations by email, phone or in writing and our customer relations will remove you from our contact list for the purposes of those communications. Faith would retain your contact details for use only for customer service purposes, such as unavailability of our service or impact to your use of our services for any other reason, or where you have subscribed to a particular service, updates or information in relation to that service.
4. USE OF 'COOKIES'
4.1 Faith may use "cookies" to collect Data on the usage of our service by users and to facilitate return visits. A "cookie" is a small piece of information sent by a web server to be stored on a web browser so it can later be read back from that browser. The Data collected from cookies is currently used to improve the functionality of our service. The Data on our service is organized and presented based on our analysis of the aggregate usage of our service. Cookies are also useful in allowing more streamlined log-in, tracking of transactions and in preserving Data between sessions.
4.2 You may disable the cookie feature on your browser without affecting your ability to transact business on our web sites. Cookies do, however, enable many convenience features of our service. Disabling cookies may require more complexity and data entry. You should also be aware that if you do disable cookies you may not be able to use certain features on our web sites.
5. PERIOD OF RETENTION
Your Data will be retained for a period necessary to attain the specified purpose.
7. OTHER RIGHTS
(a) to check whether we hold any of your Data,
(b) to have access to your Data held by Faith,
(c) to request correction of your Data,
(d) to ascertain our policies and practices (from time to time) in relation to the Data and the types of Data held by us,
(e) to disallow access or use of your Data by Faith, and be informed of action taken in response to any such request. Faith reserves the right to charge a reasonable fee in relation to the time and attendance involved in complying with any request in this regard.
8. CONTACTING US
For requests to access or correct Data, please contact our Customer Services.
Please note that under section 19 (1) of the Ordinance, the data access request would be complied within 40 days after receiving the request form. If the request is unable or has valid ground to refuse to be complied, in accordance with section 19(2) or 21(1) of the Ordinance, you will be given a notification of such matter within the same 40 days period.
ONLINE SALE & PAYMENT
1.1 "Contract" shall mean a contract agreed by you and us on the sale or supply of Products and purchase of Products according to these Terms and Conditions.
1.2 “Delivery Address” shall mean the address indicated in your Order which you wish the Products to be delivered to.
1.3 “Delivery Date” shall mean the availability date for the Products to be picked up or delivered to you as informed by us.
1.4 “Hong Kong” shall mean Hong Kong Special Administrative Region of the People’s Republic of China.
1.5 “Intellectual Property” shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, trademarks, database or copyrights, whether or not registered or registrable by any means, and the right to file an application for registration.
1.6 “Macau” shall mean Macau Special Administrative Region of the People’s Republic of China.
1.7 "Order" shall mean an electronic online order submitted through this Website by you to purchase our Products.
1.8 “Order Confirmation” shall mean the email confirmation sent to you after your Order is successfully accepted by us.
1.9 “Product(s)” shall mean the products, peripherals of the products and/or other gifts available for sale/redemption on this Website, and forming the subject matter of this Contract as identified by you in the Order.
1.10 “Terms and Conditions” shall mean the terms and conditions stated herein.
1.11 “We”, or “us” shall mean Faith Photo Limited.
1.12 “Website” shall mean http://luvipod.com
1.13 “You” shall mean you or any person who purchase Products through this Website.
2. BASIS OF THIS CONTRACT
2.1 These Terms and Conditions prevail over any other terms and conditions in the Order.
2.2 By placing an Order with us, you hereby warrant and represent that:-
2.2.1 you have attained the age of 18 and have the capacity and ability to enter into legally binding contracts;
2.2.2 you understand that we shall only sell and deliver the Products to end user customers; and
2.2.3 you will not resell or supply the Products (including any parts thereof) outside the territory of the Hong Kong or Macau, and will not resell or supply the Products (including any parts thereof) to any person who you know or have reason to believe may resell or supply the related Products outside Hong Kong or Macau.
3. PLACING ORDER
3.1 Information contained in this Website constitutes an invitation to treat only, which shall not be regarded as an offer by us to supply any Products. The Order you placed with us will be your offer to us to purchase the Products as indicated in your Order. Once you have placed the Order with us, you shall, to the fullest extent permitted by the applicable law, neither cancel nor vary the Order howsoever. We shall have sole and absolute discretion to accept or decline any or all parts of your Order without giving any reason.
3.2. We will confirm our receipt of Order after receiving your Order which shall not be treated as our acceptance of the Order. If any or all parts of your Order are successfully accepted, you will receive the Order Confirmation issued by us in respect of the related Products. A legally binding contract will not be formed unless and until your receipt of our Order Confirmation in respect of such Products.
4. PRICE AND PAYMENT
4.1 Payment shall be made by using PayPal or designated credit cards namely Visa, MasterCard, American Express, and/or coupons. All prices quoted are in Hong Kong dollars.
4.2 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.
4.3 We will update this Website from time to time including the specifications and prices of the Products. Please visit this Website regularly in order to obtain the most updated and accurate information.
4.4 Upon our receipt of full payment of the Products, we will arrange for delivery of such Products or notify you for collection of such Products.
5. PRODUCT DELIVERY AND COLLECTION
5.1 Delivery of the Products in the same Order can be by one or multiple instalments.
5.2 If we need to revise the Delivery Date, we will inform you of the revised Delivery Date as soon as practicable. Delivery Date of the Products shall not be the essence of the Contract and is only our best estimate. Under no circumstances shall we be liable to you for any advance or delay in respect of the Delivery Date (howsoever caused or whether or not the same has been notified to you).
5.3 If you fail to collect the purchased Products within thirty (30) days of receiving Order Confirmation, or if you fail to give us adequate or accurate delivery instructions, then, without prejudice to any other rights or remedies available to us, we may at our sole and absolute discretion (i) store the Products until actual delivery and charge you for reasonable costs incurred (including insurance and storage expenses); or (ii) charge you for any additional expenses incurred by us as a result of inadequacy or inaccuracy of Order information or your failure to take delivery; (iii) deal with the uncollected Products by any means without any obligation or responsibility to you (including without limitation refund of any amount paid or return of any e-Coupon used); (iv) authorize our designated delivery or storage service provider to deal with the Products in accordance to the delivery and storage procedures adopted by such service provider without any compensation to you (including without limitation any additional storage or delivery fees charged by such service provider which arise from your delayed collection of Products).
5.4 We shall be deemed to have properly performed all obligations under the Contract upon delivery, and the Products delivered shall be deemed to be correct and of satisfactory quality.
5.5 All risks in the Products shall pass to you upon the Products being delivered to Delivery Address or being collected. But we shall retain title in the Products until full payment has been received by us.
6. EXCHANGE AND RETURN POLICY
6.1 We strive to provide you with excellent Products. If you are not satisfied with the Products quality and need to exchange or refund, you must make request according to our Exchange and Return Policy. This Exchange and Return Policy is your sole remedy in respect of all liabilities and damages caused by any Product quality or specification issues.
6.2 If your Luvipod/Faith branded Products need any repair or maintenance after seven (7) days from the day of your receipt of the said Products, you shall refer to the terms of Warranty Coverage for relevant warranty procedures available to the said Products. For the avoidance of doubt, we do not provide warranty to non-Luvipod/Faith branded Products, please contact the relevant manufacturers for details of repair or maintenance to be provided by such manufacturers.
7. WARRANTY AND LIABILITY
7.1 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 expressly provided for in these Terms and Conditions, are, insofar as permitted by law, hereby expressly rejected.
7.2 If you use any personal password to gain access to this Website, 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.
7.3 We give no warranty as to the accuracy of the information contained on this Website in particular to the digital images. We shall not be liable for any liability arising from any inaccuracy or inconsistency of the information, wilful 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 Website, 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.
7.4 You shall be responsible for ensuring (i) 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 and (ii) the timely collection of Products from the selected collection location. 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 or your delay in collecting the Products. You undertake to indemnify and hold us and the relevant third parties harmless 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 or your delay in collecting the Products.
7.5 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 from the performance of our obligations under these Terms and Conditions.
8. Force Majeure
If the performance by us under this Website 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 Hong Kong or Macau 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.
Unless otherwise specified in end user licence agreement of the Products, the sale 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 forbidden. You shall be liable for all consequences caused by your breach of Copyright Ordinance.
10. Personal Data
11.2 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.
11.3 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.
11.4 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.
11.5 The Products (including any of its parts or the related software) provided under these Terms and Conditions are subject to the export laws and regulations of the United States, including the United States Export Administration Regulations. Your rights to use the Products (subject to other obligations listed in these Terms and Conditions) are conditioned upon your compliance with all applicable export laws and regulations, including the export laws and regulations of the United States. You represent and agree that you will not use, disclose, distribute, transfer, export, or re-export any portion or all of the Products in any form in violation of any applicable export laws and regulations, including the export laws and regulations of the United States. In addition, if the Products are identified as an export controlled item under the applicable export laws and regulations, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation and that you are not otherwise prohibited under such laws and regulations from using the Products.
11.6 A person who is not a party to these Terms and Conditions shall have no right at law to enforce any of these Terms and Conditions.
11.7 These Terms and Conditions shall be governed and interpreted by the laws of Hong Kong. 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.
12.8 In case of any discrepancies occurring between the Chinese and the English versions of these Terms and Conditions, the English version shall prevail.
SHIPPING & RETURN
1.1 Please contact your local Distributor or Retailers for ways of purchasing if you are located in Taiwan, Japan, Singapore, Mainland China or South Korea. Find out more about Distributors & Retailers >>
1.2 Due to restrictions on delivery in sanctioned or sensitive countries, we can't accept any orders for delivery to the these countries.
1.3 Shipping time and charges depend on the destination of your order. Please allow us 1-2 working days to process your order.
1.4 Please note that we process orders very quickly, this means that once an order is placed we are unable to modify your shipping method. We apologize for any inconvenience, and we hope that our faster processing times work to your advantage.
2. UNSUCCESSFUL DELIVERY
We will send you an email after three delivery attempts requesting you to contact us within three days to arrange for re-delivery. If we do not hear from you within three days to arrange for re-delivery or if re-delivery is still unsuccessful, the relevant products of your order will be considered as cancelled and you will be subject to a 15% administration fee.
3. RETURN, REFUND AND EXCHANGE
3.1All products purchased from Luvipod online store (http://luvipod.com) cannot be returned and/or refunded. Exchange is accepted for defective products only. .
3.2If you believe that your product is defective, please contact Customer Service within 14 days of the date you receive the product through our online form or direct email to request for exchange. If we determine that the product is defective and you are eligible to exchange your product, please follow the instruction of our Customer Service for an exchange. Please make sure you keep the original purchase record and packaging.
Except as specified below, Luvipod / Faith product warranty covers all defects in material in workmanship. The following are NOT covered: damage caused by accident, misuse, abuse, wear and tear, product modification; damage occurring during shipment; damage from failure to follow instruction contained in the provided User Manual in any form; damage resulting from the performance of repairs by someone not authorized by Faith Photo Limited; or products sold on an "as-is" or final sale basis. Faith's liability is limited to the repair or replacement, at our option, of any defect products and shall not include incidental or consequential damages. Faith reserves the right to replace a discontinued model wit ha comparable model. Any replacement units or parts may be new or rebuilt.
The original purchase receipt or record must be presented whenever service is required.