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Shopping    Policy
 
This Website (www.thebazaar.com.hk) is operated by "The Bazaar" (Harbour City Bazaar and The Bazaar Online Shop, are known collectively as "The Bazaar"). Apart from disseminating activities information and promotion materials of The Bazaar, it also provides an interactive online transaction platform to enable merchants of The Bazaar (the "Merchants") to offer their products and/or services. In accessing the Website and conducting any transactions therein Users are deemed to have accepted the following terms and conditions as well as any guidelines or policies published by The Bazaar concerning the use of the Website ("Terms of Use"). Users include members of the Bazaar or buyers who have purchased goods and/or services through the Website.
1. Log-in ID & Password
The Log-in ID (email address) and password of a registered member can only be used by the registered member. They should not be transferred or lent to any third party. The use of the Log-in ID (email address) and password is a valid act of the registered member and the member will be liable for any fees incurred.
2. Basic Rules for Using the Website
(a) If User is under 18 when registering for a membership on this Website, User may only register as a member of the Bazaar with the approval of the User's parents or guardians;

(b) The information provided for the registration of a membership must be correct and true;

(c) User should not violate any laws, third party rights or policies concerning the use of this Website as published on this Website;

(d) User should not post any materials that may harm the interests of others or the Bazaar and/or post any anti-social materials;

(e) User should not take any actions that may offend others or damage the reputation of the Bazaar;

(f) User should not attack or destroy the system for collection of opinions, feedbacks or ratings of this Website;

(g) User should not lease, transfer or sell User's member account to others;

(h) User should not distribute and/or transmit computer viruses and/or any other technologies or programs that may harm this Website;

(i) User should not distribute spam;

(j) User should not make any defamatory remarks on this Website;

(k) User should not use this Website for personal promotion;

(l) User should not use this Website for advertising or publicity purposes;

(m) User should not hack or attack other websites;

(n) User have the obligation to pay for any products or services purchased by User on this Website;

(o) User should not circumvent or manipulate the fee-paying system, the billing process and/or fees owed to this Website;

(p) Apart from the powers conferred by the laws of Hong Kong, the Bazaar has the right to disqualify the User if the User violates or breaches any terms or conditions of this Website. In this case the User should not use this Website and/or purchase any products or services from this Website;

(q) User shall indemnify and hold the Bazaar, its senior officers, agents, Merchants or other users harmless against any claims, loss or damage which the Bazaar, its senior officers, agents, Merchants or other users have suffered or incurred, as a result of any inappropriate acts or omissions committed by the User or any breach by the User of the Terms & Conditions for conducting any unsolicited or unauthorized activities by the User in this Website; and

(r) User should not download any trademarks, trade names, logos, or images without the Bazaar's prior consent and/or authorization. User should not use any trademarks, trade names, logos or images for any advertising, publicity, marketing or activities of any nature without the consent of the Bazaar in writing.
3. The Rights of the Bazaar
The Bazaar endeavors to ensure that all products/services for online shopping on this Website do not infringe upon any intellectual property rights of any third parties. The Bazaar may limit, suspend, or terminate the user's accounts of the User, prohibit access to this Website, delay or remove hosted content if the User is creating problems or potential legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the intended use of this Website. The Bazaar also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
4. Ordering of Goods
(a) User must agree and accept to be bound by the Terms & Conditions and the Privacy Policy whether the User logs in through Facebook or member log-in;

(b) The items ordered after inputting the log-in password are regarded as a valid order of the member whether the User logs in through Facebook or member log-in;

(c) The Bazaar will not assume any liability to indemnify/compensate for any situations where the order is not entertained due to network failure or other causes not attributable to the Bazaar;

(d) Notwithstanding the display of stock in the warehouse and/or confirmation of the content of the order when selecting products or services, there are chances for part of or all of the items to be out of stock at the time of check out, resulting in non-delivery;

(e) When the Bazaar issues an Order Confirmation by email to confirm the content of the order, it is not an indication of guaranteeing the content of the member's order. There are chances that part of or all of the items are out of stock due to the differences between the Website's stock record and the actual stock availability, resulting in non-delivery;

(f) When part of the ordered items is out of stock, the remaining ordered items will be delivered as usual. The User will be refunded within 14 working days for the out-of-stock products/services;

(g) After the User has confirmed the order, the Bazaar Online Shop will issue a Shipping Notice or Redemption Letter after verifying the content and confirming the stock. A contract of sale is deemed to be formed when such notice has been issued;

(h) User may not change the content of the order, including the size, color, quantity, products, delivery address, payment methods, paid fees, nor cancel the order once the order has been confirmed.
5. Payment Methods and Charges
(a) All charges for products or services offered by the Merchants on this Website will be specified on this Website. However, the Bazaar reserves the right to amend any charges and payment terms. All charges are exclusive of any applicable taxes, any type of withholdings, surcharges, duties or other similar charges assessed or imposed by any competent Government authority ("Taxes"). The User shall pay and be solely responsible for any and all Taxes. The User shall not in any event deduct any Taxes from the charges payable to the Bazaar Website;

(b) The Bazaar is not liable for any additional fees, fluctuations in the exchange rates and surcharges of the bank of the User's card or the PayPal electronic trading system for transactions using credit cards or PayPal account balance (if the relevant transaction allows);

(c) Payment is made in Hong Kong dollars; and

(d) The User may make payment by Visa, Master, AE, UnionPay Card or PayPal account balance.
6. Delivery Arrangements
(a) In general, after the User has completed the shopping payment procedures and received the transaction confirmation issued by the Bazaar, products that are in stock will be arranged for delivery or pick up through the following channels:

(i) Within seven (7) working days after the User has received the transaction confirmation issued by the Bazaar via email, Merchants shall directly deliver the items by post to the mailing address User has provided or the Bazaar shall deliver the items to the mailing address User has provided on behalf of the Merchants (The Bazaar shall exercise its discretion in deciding which delivery method to use based on the situation); or

(ii) Ten (10) calendar days after the User has received the transaction confirmation & redemption letter issued by the Bazaar via email, the Merchants shall arrange for the User to pick up the items at the designated location named when the order is confirmed .

Items may not be delivered to the User on time if the following situations occur:

(1) User fails to pick up the items or fails to pick up the items within the specified time period due to personal reasons;

(2) Affected by statutory holidays, natural disasters, traffic or the weather;

(3) The number of order significantly exceeds the expectation of the Bazaar;

(4) Accidents of the delivery company;

(5) Labor disputes;

(6) The delivery area is remote; and

(7) Other force majeure factors

(b) It may take an additional 1-2 working day to deliver to areas outside the main urban areas. Areas outside the main urban areas include but not limited to: Ma Wan, Discovery Bay, Shek O, Sai Kung (outside Tai Mong Tsai Road), Lau Fau Shan, Lung Kwu Tan, Lam Tsuen Yuen Long, Lam Tsuen Tai Po, Lion Rock, Kam Shan, Tai Mo Shan, Tai Lam, Pat Sin Leng. However, the actual delivery time may vary due to the delivery conditions in different areas or other problems.

(c) Delivery is not available for some remote areas include but not limited to: Lantau Island (except for Tung Chung, Chek Lap Kok, Disneyland), Tai O, Cheung Chau, Peng Chau, Lamma Island, Mui Wo, Tung Ping Chau, Crooked Island (Kat O), Grass Island, Tung Lung Chau, Po Toi, Lo Wu, Closed Area, Lok Ma Chau, Mai Po, Man Kam To, Ta Kwu Ling, Closed Area Sha Tau Kok.

(d) The Bazaar only delivers items areas within Hong Kong. The Bazaar does not accept P.O. Box as delivery address.

(e) The items are deemed to be delivered once arrived at the delivery address. The Bazaar is not liable for any failure of delivery arising out of force majeure causes or delivery regulations;

(f) User is liable for any loss due to returns of items to the Bazaar (save for those loss caused on the part of the Bazaar);

(g) The Bazaar will contact the User by email or telephone in the event of non-delivery due to a short of supply of items or a significant delay in delivery;

(h) Different items ordered by the same User may be packaged separately or collectively depending on the Bazaar's business operation. In addition, the items may be delivered collectively or separately.

(i) If User chooses to pick up the items at a specified location when the order is confirmed, the User will receive a pick-up notice issued by the Bazaar by email after the User has completed the shopping payment procedures. The User must observe the following:

• User must print and bring along the pick-up notice and pick up the items at the specified location and at the specified time;

• User shall not change the pick-up location and the content of the order;

• User may not pick up items out of time;

• Items that are not picked up after the specified pick-up time will be sent back to the warehouse for further arrangements. User shall be responsible for the additional administration fees thus incurred. If the Bazaar is not being notified 7 days after the item is overdue, it cannot guarantee the availability of the items.
7. Delivery Charges
(a) Delivery charges are calculated according to the size, weight and delivery area of the items. Delivery charges will be displayed when the order is confirmed. User must confirm the delivery charges when the order is confirmed;

(b) Delivery charges will be applied to each purchased item. However, only the total delivery charges but not the delivery charges of individual items will be listed out when the order is confirmed;

(c) The Bazaar is not liable for non-delivery arising out of negligence or mistakes on the part of the User, such as providing an incorrect or incomplete delivery address, or due to the regulations of the delivery areas or location. In addition, User is liable for the delivery fees of replacement/re-delivery if the Bazaar is required to deliver the items to a corrected address; and

(d) The consignee must sign on the delivery documents to acknowledge receipt. The items will be returned to the warehouse if the delivery service company fails to obtain acknowledgement of receipt after one or more than one deliveries, or if the consignee refuses to sign for the items due to personal reasons or other reasons (except items that do not match with the order or items that are damaged or with defects). The User will be responsible for the additional delivery fees thus incurred.
8. Exchanges and Returns
(a) If the items are defective due to its production or delivery process or if the items do not match the order, the User should notify the Bazaar and return the items within 7 working days inclusive of the day of receipt of items. The Bazaar will be liable for the delivery charges thus occurred. If the return of the items is due to User's personal reasons of wishes, the User will be liable for the delivery charges incurred;

(b) If the items are defective due to its production or delivery process or the items do not match the order, the Bazaar will arrange for exchange after receiving the returned items;

(c) If the User fails to return the items which are defective due to its production or delivery process or the items do not match the order, within 7 working days inclusive of the day of receipt of items if the items, the Bazaar will deem it as overdue and will not entertain the case;

(d) Returns will not be accepted in the following situations:

• Items have been delivered to the User for more than 7 working days;

• Items have been worn or used;

• Original case, package, tags, any other items included in packaging, guarantee, warranty certificate or any part of a set item are damaged or lost;

• Items have been washed, amended or repaired;

• Items have been damaged or soiled due to the User's negligence;

• Gifts

(e) The Bazaar will only arrange for a replacement of the damaged items but not refund.

(f) If the Bazaar is unable to provide an item because it is out of stock or the number of the stock in the system has not been promptly updated, the Bazaar will arrange for refund. Refund will only be made to the User's account used for payment of the particular item. Since the refund procedure involves the PayPal system, banks and credit card centers and is thus restricted by their account days and payment days, the actual completion time of the refund will depend on the operation procedures of the relevant processing institutions.
9. Disclaimer
(a) Save for the statutory liability and duty imposed by the applicable laws of Hong Kong, including (i) death or personal injuries caused by the negligence and/or breach of duty of the Bazaar; (ii) any breach of the statutory consumer guarantees in relation to products and/or services; (iii) any other liability which cannot be excluded or limited by the applicable law, the Bazaar excludes any other terms and warranties in relation to products and/or services.

(b) Save for the statutory liability and duty imposed by the laws of Hong Kong, the Bazaar does not make any warranties or representations of any kind regarding the products and/or services offered by the Merchants.

(c) All information, content, materials, products, services available on this Website or otherwise made available are provided on an "AS IS" and "AS AVAILABLE" basis. Other than those warranties cannot be excluded, limited, restricted or modified under the laws of Hong Kong applicable to this Terms & Conditions, the Bazaar does not make any representations or warranties of any kind, express or implied, and the User is at his own risk;

(d) All information in relation to the Merchant's products and/or services are supplied and provided by the Merchants, The Bazaar does not make any warranties or representations of any such information. If the User has any question concerning the products and/or services of the Merchant, The Bazaar may assist the User to contact the Merchant directly.

(e) The Bazaar does not warrant that all information, content, materials, products, services made available through this Website; its servers; or emails sent from the Bazaar are free of computer viruses or other harmful components;

(f) Save for the statutory liability and duty imposed by the laws of Hong Kong, the Bazaar, its employees, agents, contractors or suppliers shall not be liable in any way whatsoever to the User or any other person for any special, indirect or consequential loss or damage, loss of profit, business, revenue, goodwill, use of data or anticipated savings. The Bazaar shall not be liable to the User or any person claiming through the User for any defaults caused by events beyond the control of the Bazaar;

(g) The Bazaar reserves all rights that are not expressly granted in this Terms & Conditions.
10. Intellectual Property Rights and Copyright
All information and content of this Website, includes but not limited to text, graphics, logos, button icons, web images, links and software, is the property of this Website or its content suppliers and is protected by Hong Kong and international copyright laws. The compilation (meaning the collection, arrangements, and assembly) of all contents on this Website is the Bazaar's exclusive property and is protected by Hong Kong and international copyright laws. The User may not copy, reprint, change, project or transmit all information and content of this Website without the prior consent of the Bazaar. The User may not (other than the User's own personal non-commercial use) copy, reproduce, alter, modify, create derivative works, or publicly display any content from this Website without the express prior written permission of the Bazaar or the appropriate third party. All software used on this Website is the property of the Bazaar or its software suppliers and is protected by Hong Kong and international copyright laws. Any request for permission in using the content or materials provided on this Website should be directed to bazaar@harbourcity.com.hk
11. General Provisions
(a) The Terms & Conditions represents the entire understanding between the Bazaar and the User relating to the use of this Website or any transactions conducted via this Website and there is no promises, terms, conditions or obligation, oral or written, expressed or implied, other than those contained herein;

(b) Each of the provisions in the Terms & Conditions is severable and distinct from the others and, if one or more of such provisions is or becomes illegal, invalid or unenforceable, the remaining provisions shall not be affected in any way;

(c) The Terms & Conditions and any transactions contemplated through this Website shall be governed by the laws of Hong Kong SAR and subject to the exclusive jurisdiction of the courts of Hong Kong SAR;

(d) The Terms & Conditions may be amended from time to time by the Bazaar and such amendments shall become effective on the date they are published by the Bazaar;

(e) The Terms & Conditions is written in both English and Chinese. If there is any inconsistency or conflict between the two versions, the English version shall prevail; and

(f) Any delay, neglect or forbearance on the part of the Bazaar in enforcing the term or condition of this Terms & Conditions against the User is not and shall not be deemed as a waiver, or in any way prejudice any right of the Bazaar under this Terms & Conditions.
 
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