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These user terms and conditions are the terms and conditions for use of the official website of Aequa and Company (H.K.) Limited www.aequaandco.com (hereinafter referred to as “Aequa official website”).  Aequa official website is managed and operated by Aequa and Company (H.K.) Limited, situated at Flat 610, 6/F., Block A, Focal Industrial Centre, 21 Man Lok Street, Hung Hom, Kowloon, Hong Kong (hereinafter referred to as “we” or “the Company”).  The Company offers you online as well as offline purchase services (hereinafter referred to as “services”) according to the following terms and conditions herein and as amended from time to time. 

1. Amendment of these terms and conditions

The Company has the right to change and/or amend these terms and conditions from time to time and without providing prior notice to you.  You should regularly visit the Aequa official website to peruse any change and/or amendment of any terms.  If you continue to use our services after the change and/amendment of the terms and conditions, your agreement to be effectively and irrevocably bound by these changed and/or amended terms and conditions shall be deemed.   

2. Registration and use of account

2.1 Once your account application and registration are successful on Aequa official website, you agree to be effectively and irrevocably bound by and to accept these terms and conditions.

2.2 If you are under 18 years of age, you are not (yet) welcome to register an account with us and/or to use our services, but you are welcome to visit our website, we only ask that you must peruse these terms and conditions under the guidance of your parent(s) or legal guardian(s) and only visit us with the supervision of your parent(s) or legal guardian(s). 

2.3 When applying for an account to use our services, you should provide true, accurate and complete data, and should amend and update your account data at appropriate times to ensure the validity of such data. 

2.4 Your account is the property of the Company and is owned by the Company.  After your successful completion of account application and registration procedures, you will be offered the right to use the account.  The right to use belongs solely to you, and you are prohibited from granting, letting, renting, transferring or selling the right to use the account.  For business needs, the Company has the right to reclaim any of your account without providing prior notice to you.

3. User rights and obligations

3.1 It is your responsibility to ensure the safe custody and security of your registered account information and account password. You are legally liable for behaviour under their registered account and password. You agree not to use the account or password of other users under any circumstances, and agree to immediately notify the Company when in doubt that your account or password may be used by others.

3.2 You confirm your understanding and agreement that you have to be fully responsible for the authenticity, legality and validity of the information you provide to Aequa official website. You are not allowed to impersonate another person/entity or disseminate any information in the name of another person/entity, or use the registered account with malicious intent to cause misidentification by other users. Otherwise, the Company has the right to immediately stop providing services and to reclaim and/or delete your account. You shall bear all legal liabilities arising therefrom, and the Company has the right to recover from you all losses incurred therefrom. 

3.3 You do have an obligation to comply with these terms and conditions. The Company has the right to block or delete your account without providing prior notice to you if we find that you are in violation of these terms and conditions.  For accounts which are blocked or deleted by us for violation of these terms and conditions, the corresponding users can request to obtain the relevant information by emailing to info@aequaandco.com

4. Product description

4.1 There may be mistakes, errors or omissions in the contents and product descriptions on the Aequa official website.  The Company will take all reasonable measures to ensure the accuracy and completeness of the contents and product descriptions on the Aequa official website. The Company has the right to amend mistakes, errors or omissions, and update the information and contents of the Aequa official website without providing prior notice to you; 

4.2 At the same time, although the Company has shown a product to the best of our knowledge and accuracy, but in some circumstances, for example the actual colours you will see depends on your browsing equipment and browser setting etc.  

4.3 You should make your own judgment on all the information and contents of the Aequa official website and undertake all risks arising from the use of such contents (including the risks caused by relying on the accuracy, completeness or practicality of its contents). The Company shall not be liable for any of the aforesaid risks.                                                                                                      

5. Product prices and payment methods

5.1 The product prices shown on Aequa official website are in USD, CNY, EUR, GBP, HKD, MOP and SGD. The Company shall not be responsible for any loss so incurred due to fluctuations in exchange rates.

5.2 The Company currently only accepts payment methods authorized and/or provided by Shopify Payments. We may introduce other payment methods in future and we urge you to re-visit these Terms and Conditions and our Privacy Protection Notice from time to time. 

5.3 The aforesaid online payment services are provided by third party organizations and you are obligated to confirm your agreement with such third-party’s user terms and conditions, which do not form part of this Terms and Conditions. 

5.4 We urge you to read our Privacy Protection Notice carefully and ensure that you fully understand and accept the content before using our services. Your credit card data will be collected, processed and retained by Shopify Payments. You shall be solely responsible for any loss incurred or caused during the course of your use of Shopify Payments, and under any circumstances the Company shall not be liable for any losses so incurred or caused as the result of your use of any third-party payment service provider.  

5.5 The Company shall not be liable for any losses incurred by you as the result of fluctuations of exchange rate.

5.6 In addition, you are responsible for checking and confirming with your credit card issuing bank/institution on whether any handling fee or administration charge would be incurred by transactions via Shopify Payments on Aequa official website. The Company shall not be responsible for any costs so incurred as such costs shall be borne by you.

5.7 If your payment is unsuccessful, the Company has the right to cancel your order or delay delivery until your payment becomes successful.

6. Confirmation of order

6.1 Your use of the Aequa official website and/or your confirmation of order to purchase a product with the Company indicates your agreement to these terms and conditions. After the Company has received your order, we may notify you by email on receipt of the order, but such email (if any) cannot be construed as our acceptance of your order.  The Company reserves the right to refuse acceptance of your order under any circumstances (such as error in product description or price, product being out of stock or short of quality standard, unsuccessful payment, etc.), and the Company has sole discretion as to whether or not to accept your order.

6.2 Should there be any questions regarding your order, or that the Company cannot accept the order, we will notify you soonest by email or by telephone. 

6.3 In some circumstances, there may be alternative payment options that we may agree to facilitate your order, and any such additional terms on pricing, payment and/or otherwise shall form part of your agreement along with these terms and conditions.  

7. Delivery service

7.1 Delivery of our products is provided by and is the responsibility of third-party shipping/courier companies.  For details on the required time and shipping charges for delivery of product, please refer to the relevant terms before placing your order. The Company has the right to change and/or amend the terms for delivery of product. 

7.2 The Company will notify you by email after our product have been sent out, and we will provide you with the delivery tracking code of the third-party shipping/courier company.  You will need to check the delivery progress and details of the third-party shipping/courier company.  The Company shall not be liable for any losses resulting from the delivery of product by the third-party shipping/courier company, including but not limited to delay or lost in delivery, loss or damage, theft etc.

7.3 Once the product is delivered to you, you shall become the owner of the product, and the responsibilities and risks for keeping the product shall be solely borne by you. The Company shall not be liable for any loss or damage of such product. 

8. Overseas orders

8.1 If you order our products from a location outside Hong Kong, the Company shall not guarantee that the products sold by the Company and the import of which into the country/region in which you are located is lawful in your country/region.  The Company shall not be liable for any violation of the laws of your country/region arising from your order of our products.

8.2 In accordance with the legal stipulations in the country/region in which you are located, when our products arrived at the country/region in which you are located, the relevant customs authority may levy import tax, customs duty and handling fees etc. You have the duty to check with the customs authority of your country/region and acknowledge whether the product you ordered will incur any import tax, customs duty, handling fee or administrative costs etc. Unless specifically stipulated that we would cover any of the duty, tax, fee and/or costs, the Company shall not be deemed responsible for any such duty, tax, fee and/or costs. 

9. Policy on refund and exchange of products 

9.1 Only online purchases from Aequa official website will be eligible for refund or exchange, and notwithstanding anything herein, all refund or exchange shall be subjected to the Company’s sole discretion. Generally, we may allow refund or exchange of products within 30 days of its purchase.

9.2 If we accept your request for an exchange and the value of the exchanged product is lower than the original purchased product, no refund and/or store credit of the difference will be provided, and we encourage you to only exchange your original purchased product for exchanged product with a higher value. No refund of the difference will be accepted, and we do hold the right to determine the exchange value. 

9.3 As a general rule, only purchased product that is unworn, unaltered and is free from scratches, blemishes or otherwise is eligible to be considered for any refund or exchange. 

9.4 You must make your request within the time prescribed above for your request to be eligible for our consideration. In your request, you must specify the reason(s) for your request, with proof of purchase and any other information that would facilitate our consideration.  

9.5 Custom-made product and sale items are not eligible refund or exchange.  

9.6 You shall be fully responsible for all shipping fees and charges associated with any refund or exchange. Your general obligation to pay any and all tax and duty will continue to apply. 

10. Disclaimer and limitation of liability

10.1 The Company takes all reasonable measures to ensure the accuracy and completeness of information and contents on the Aequa official website. However, the Company shall not make any form of warranty, statement or representation on such information and contents, in particular, we shall not make any warranty or statement on the accuracy, completeness, non-violation, reliability, immunity from computer virus, safety, merchantability or fitness for any particular purpose of such information and contents.  The Company does not and cannot guarantee that the information and contents on the Aequa official website as well as these terms and conditions comply with the laws of other jurisdictions. 

10.2 You are responsible for assessing the accuracy and completeness of all information and content on Aequa official website and/or any linked third-party website.  You understand and agree that you have to bear all risks when using the Aequa official website and our services. 

10.3 While we make an effort to cater to user’s reasonable needs and expectations, and would like to serve all users and to ensure reasonable accessibility to our web site, if you encounter any issues at all while trying to access this website, please do not hesitate to contact us at info@aequaandco.com, and we’ll do our best to cater to your requests.  

10.4 To the fullest extent permissible under the law, the Company shall not be liable for any direct, indirect, incidental, special, punitive or consequential losses arising from your use of or failure to use the Aequa official website. 

11. Compensation

If you have violated these terms and conditions, causing the Company (including our staff, directors, agent, associated persons and/or suppliers) any liabilities, claims, costs, damages and losses (including legal fees), the Company has the right to recover full damages and/or compensations from you.  The Company reserves the right to take legal action against any user who violates these terms and conditions and/or any user who by his/her representations, conducts, omission or otherwise had caused the Company to suffer loss and damage. 

12. Collection of personal data and user privacy 

The Company respects the personal data and privacy rights of all users. The Company shall properly handle the privacy and personal data of all users in accordance with our privacy protection policy. For relevant details, please refer to our Privacy Protection Notice.

13. Links to third party

These terms and conditions are applicable only for the Aequa official website and our services. Aequa official website may contain links to other websites operated by third parties. The Company does not have the right to control the linked websites and their contents. All your actions and consequences after you have left the Aequa official website are beyond the control of the Company. You shall be responsible for the risks incurred by browsing or using any third-party websites and/or services provided by a third-party service provider. You have the responsibility to read the terms and conditions before using such third-party services in order to protect your interest.

14. Intellectual property rights

All contents on the Aequa official website, including our name and logo, product photos and descriptions, website design, website outlook and style, texts, diagrams, button icons, images, audio clips, mastheads, trademark, website content as well as content selection and layout, all software registered under the name of Aequa and Company (H.K.) Limited, are all under the control of the Company and are protected by the laws of Hong Kong S.A.R.  Unless written consent by the Company is obtained in advance, the reproduction, amendment, circulation, republishing, transmission, display or presentation of the contents of the Aequa official website are strictly prohibited.  The linking of products and services of other companies to any content of the Aequa official website in any way is also strictly prohibited in order to avoid confusing our users or harming our reputation. 

15. Miscellaneous 

15.1 If at any time any part of these Terms and Conditions is or becomes invalid, illegal or non-executable in any way according to the laws of the relevant jurisdiction, the validity, legality and executability of the remaining Terms and Conditions should not be affected or impaired in any way.

15.2 These Terms and Conditions are governed by the laws of Hong Kong and shall be explained and construed according to the laws of Hong Kong. You hereby submit to the non-exclusive jurisdiction of the law courts of Hong Kong.

15.3 Should there be any conflict or dispute between the parties during the execution of these Terms and Conditions, resolution by negotiation which is not harmful to the rights of any party should first be sought.  Should the said negotiation failed, the parties have the right to resolve the aforesaid conflict or dispute through various lawful means of dispute resolution.

15.4 The Company has the right to transfer to a third party the rights and/or liabilities in these Terms and Conditions without providing prior notice to you.