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TERMS OF USE

I.TERMS AND CONDITIONS

Welcometo www.eshop-eggoptical.com. This Website is operated by EGG OPTICAL BOUTIQUELIMITED LTD. We provide you with the Services strictly subject to these Termsof Use so please read them carefully. By accessing and browsing this Website,you accept and consent to these Terms of Use. We may amend these Terms of Useand other rules and policies relevant to the use of this Website without priornotice. Your continuing use of the Services will be deemed as your acceptanceof the revised Terms of Use.

1.TERMINOLOGY

Thefollowing commonly used terminology at this Website mean:

a.“Affiliates” mean in relation to us, another company that is a direct orindirect subsidiary of, or a direct or indirect holding company of, or anotherdirect or indirect subsidiary of such a direct or indirect holding company of,us;

b.“Business Partners” mean:

  (1) those persons or bodies corporate with whom we enter into arrangements withto promote and/or offer our Products and our Services; and to procure visitorsto this Website with a view to using the Services;
  (2) those persons or bodies corporate with whom we enter into arrangements withfor promoting marketing and offering for sale of our services and/or products,whether available on this Website or otherwise (including those of ourAffiliates); and

 (3) our Affiliates;

c.“Hong Kong” means the Hong Kong Special Administrative Region of the People’sRepublic of China;
d.“Intellectual Property Rights” mean all copyrights, design rights, patents,trade marks, trade secrets, know-how, “look and feel” of this Website and itscontent (visual and aural) and other intellectual property rights (whetherregistered or unregistered) and any applications for any of them and any rightsof any such nature anywhere in the world;

e.“Net Price per Unit” refers to the Selling Price of each unit of Product afterapportioning (where applicable) and deducting discounts, promotions or otherprice reductions offered by us;

f.“Order” means an order for Products placed by you and allocated an order numberby us;

g.“Personal Data” means personal data as defined under the Personal Data(Privacy) Ordinance, Cap. 486 of the Laws of Hong Kong;

h.“Products” mean the products made available to you at this Website;

i.“Selling Price” refers to the price of each Product as listed on this Website;

j.“Registration Details” mean the information you supply to us when you registerto use the Services;

k.“Services” mean the services made available to you at this Website, andincidental services, like after-sales, payment processing and delivery;

l.“Stores” mean physical retail store or stores operated by our Affiliates andwho are our authorised retailers;

m.“we”, “us” or “our” means EGG OPTICAL BOUTIQUE LIMITED LTD and its successorsand assigns;

n.“Website” means this Website at eshop.optical88.com.hk; and

o.“you” or “your” means you

whereuse of plural terminology includes the singular and vice versa.


2.PRICING AND DISCOUNTS

Allprices listed here apply to purchases at this Website only. All other discountsor promotions which are not available through this Website are not valid forpurchases.

Wemay vary the prices at this Website at any time without prior notice.

3.PERSONAL USE

AllProducts sold are for personal use only. Material and information posted on ourWebsite are for personal use only. No re-sale or other commercial use isallowed.

4.WHEN WE ACCEPT YOUR ORDER

Wereserve the right not to accept Orders for Products or Services. By registeringand completing the purchase procedure under section II, you offer to purchaseour Products. We will send you an Order Acknowledgement by e-mail toacknowledge your Order. However, this is not an acceptance of your Order. Wewill only send you an Order Delivery Notification of your Order once we havechecked availability of stock and courier service.

5.TITLE AND RISK OF LOSS

Riskof loss and title for Products purchased pass to you upon delivery to thecourier.

6.INTELLECTUAL PROPERTY RIGHTS

Youacknowledge and agree that all Intellectual Property Rights that vest in theoriginal works comprised within the Services or ancillary to it are owned byus, or are licensed to us by third parties. We reserve all IntellectualProperty Rights in the Services, including but not limited to the contents ofthis Website and the domain name eshop.optical88.com.hk. Your use of theServices does not entitle you to claim ownership of any Intellectual PropertyRights in the Services or this Website.

7.COOKIES

ThisWebsite uses certain monitoring and tracking technologies (such as cookies,beacons, pixels, tags and scripts). These technologies are used in order tomaintain, provide and improve our Services on an ongoing basis, and in order toprovide our visitors and customers with a better experience. The four mainfunctions of these tools are as below: Site functionality cookies - thesecookies allow you to navigate the site and use our features, such as “Add toCart”.

Siteanalytics cookies - these cookies allow us to measure and analyze how ourcustomers use the site, to improve both its functionality and your shoppingexperience.

Customerpreference cookies - when you are browsing or shopping on this Website, thesecookies will remember your preferences (like your language or location), so wecan make your shopping experience as seamless as possible, and more personal toyou.

Targetingor advertising cookies - these cookies are used to deliver advertisementsrelevant to you. They also limit the number of times that you see anadvertisement and help us measure the effectiveness of our marketing campaigns.

Byusing the Website, you agree to us placing these sorts of cookies on yourdevice and accessing them when you visit the Website in the future. If you wantto delete any cookies that are already on your computer, the “help” section inyour browser should provide instructions on how to locate the file or directorythat stores cookies. Further information about cookies can be found athttps://ico.org.uk/for-organisations/guide-to-pecr/cookies-and-similar-technologies.Please note that by deleting or disabling future cookies, your user experiencemay be affected and you might not be able to take advantage of certainfunctions of our Website, and the complete user experience.

8.PRODUCT INFORMATION

Productsdisplayed at this Website may or may not be available at retail stores operatedby us or our Affiliates. EGG OPTICAL BOUTIQUE LIMITED LTD makes norepresentations or warranties that any of the Products or Services displayed onthis Website will be available at any time or location. All prices displayed onthis Website are quoted in HK Dollars.

9.BUSINESS PARTNERS

OurBusiness Partners working with us to provide and promote the Services include,PayPal Hong Kong Limited (“PayPal”), and SF Express. Please carefully read theterms and conditions with respect to the payment and courier services providedby PayPal and SF Express respectively and their privacy policies beforeproceeding with your Order. By proceeding with your Order, you will be deemedto have accepted the terms and conditions and privacy policies of our BusinessPartners.

10.MINORS

Personsunder 18 years old should use our Website only (with permission and under thesupervision of a responsible parent or guardian).

11.NO AGENCY

OurBusiness Partners are contractors who act independently and as such do not actas our agents, employees, representatives or their equivalent.

12.COMMUNICATION FROM YOU

Anycommunication or material you transmit to this Website by e-mail or otherwise,including any data, questions, comments, suggestions or the like is, and willbe treated as non-confidential and non-proprietary. Anything you transmit orpost becomes the property of EGG OPTICAL BOUTIQUE LIMITED LTD and may be usedfor any purpose, including, but not limited to, reproduction, disclosure,transmission, publication, broadcast and posting. We assume the right to useany ideas, concepts, know-how or techniques contained in any communication yousend to this Website for any purpose including, but not limited to, developing,manufacturing and marketing Products using aforesaid information. Personal datacollected will remain confidential and will be treated in accordance with ourPrivacy Policy Statement.

13.EXCLUSION OF REPRESENTATIONS AND WARRANTIES

Wewill use reasonable commercial efforts to include accurate and up to dateinformation on this Website, but we make no representations or warranties as toits accuracy. Neither EGG OPTICAL BOUTIQUE LIMITED LTD, its Affiliates nor anyother party involved in creating, producing or delivering this Website shall beliable for any direct, indirect, special, incidental, or consequential, damageslosses, costs and expenses arising out of or in any way in connection with youraccess to or use of this Website. Everything on this Website is provided to you“as is” without any express or implied warranties, including, warranties ofmerchantability or fitness for a particular purpose.

Wedo not warrant that the functioning of this Website will be error free, thatdefects will be corrected, that this Website or host server is malware free orwill not be interrupted due to technical problems or is hack-free.

Weare not responsible for the content of any websites linked to our Website orfor any services offered by linked sites and take no responsibility for, andgive no warranties, guarantees or representations in respect of such links.

Weare not responsible for the actions of our Business Partners (including aperson or body corporate with whom our Business Partners enter into arrangementswith to provide services to you (“Business Partner Affiliates”)) and make norepresentations or warranties with respect to the services they provide to youin connection with your use of this Website, the Services or the purchase ofthe Products.

14.LIMITATION OF LIABILITY

a.To the fullest extent permissible under applicable law and save for and limitedto the Exchange Policy under Section VIII, we disclaim any and allrepresentations or warranties of any kind, whether express or implied, in relationto the Products and our Services.

b.We will not be liable to you, or any third party in contract, tort or otherwisefor any claims, liabilities, losses, damages, costs and expenses under, arisingfrom or in connection with your use of and the functioning of this Website(including but not limited to any interruption, introduction of malware,hacking, inaccuracy, error or omission) or the provision of the Products orServices regardless of cause and as such we accept no liability for any claims,liabilities, losses, damages, costs and expenses arising therefrom.

c.We will not be liable to you or any third party in contract, tort or otherwisefor any claims, liabilities, losses, damages, costs and expenses under, arisingfrom or in connection with the services provided to you by our BusinessPartners and/or Business Partner Affiliates in relation to your use of thisWebsite, the Services or Products regardless of cause and as such we accept noliability for any claims, liabilities, losses, damages, costs and expensesarising therefrom.

d.Notwithstanding any other provisions to the contrary in these Terms of Use, ourmaximum cumulative liability to you or to any other party in contract, tort, orotherwise for any claims, liabilities, losses, damages, costs and expensesunder, arising from or in connection with your use of this Website and Servicesand the sale of Products to you shall not in any circumstances exceed thecumulative sum paid by you to us under an Order. BUT in no event shall we beliable to you for any loss of profits, business contracts, sales, or for anyspecial, indirect, incidental or consequential damages or losses of any nature.

15.INDEMNITY

Youagree to fully indemnify, defend and hold us, and our officers, directors,employees, agents and suppliers, harmless immediately on demand, from andagainst all and any claims, liabilities, losses, damages, costs and expenses,of any type and nature including but not limited to indirect, special,incidental, and/or consequential losses and damages and legal fees, arisingfrom or in connection with any breach of these Terms of Use by you or any otherliabilities arising from or in connection with your use of this Website and theServices, or the use by any other person accessing this Website using yourshopping account and/or your personal information.

16.CUSTOMER’S REPRESENTATIONS AND OBLIGATIONS

Youwarrant and represent to us that (i) you have the authority and legal capacityto agree to these Terms of Use; (ii) the personal information which you arerequired to provide when you register as a customer is true, accurate, currentand complete in all respects; (iii) you will notify us immediately of anychanges to your personal information by contacting customer services atecommerce@optical88.com.hk; (iv) you will comply with all applicableagreements, law, statutes, ordinances and regulations with regard to the use ofthe Services; (v) you will not introduce any malware to this Website and (vi)you will not introduce any material that is unlawful, defamatory, indecent,obscene or abusive in any way. You agree not to impersonate any other person orentity or use a false name or a name you are not authorised to use. You agreeto notify us of any actual or suspected misuse of your User ID and Password.You agree that we may deny access to the Services if we know or reasonablysuspect that your User ID and / or Password is being misused.

17.CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)

a.We shall not be liable to you for any breach, hindrance or delay in theperformance of our provision of Services attributable to any cause beyond ourreasonable control, including without limitation:

  (1) Strikes, lock-outs or other industrial action.
  (2) Civil commotion, riot, invasion, terrorist attack or threat of terroristattack, war (whether declared or not) or threat or preparation for war.

 (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or othernatural disaster.

 (4) Impossibility of the use of railways, shipping, aircraft, motor transportor other means of public or private transport.

 (5) Impossibility of the use of public or private telecommunications networks.

 (6) The acts, decrees, legislation, regulations or restrictions of anygovernment, shipping, postal or other relevant transport strike, failure oraccidents.

 (7) Failures of the internet or any public telecommunications network, failuresof our hosting provider, hacker attacks, denial of service attacks, virus orother malicious software attacks or infections or power failures or failures ofyour computer systems or networks.

b.In the circumstance that the Force Majeure event lasts for more than one week,either you or we may cancel the Order forthwith by written notice and withoutany liability other than a refund of a Product already paid for by you and notdelivered.

c.If we have contracted to provide identical or similar Products to more than oneCustomer and are prevented from fully meeting our obligations to you by reasonof a Force Majeure event, we may decide at our absolute discretion which Orderwe will process and to what extent.

d.We reserve absolute discretion on the solution we adopt in fully meeting ourobligations under each Order despite the Force Majeure event.

18.TERMINATION

Wemay terminate your access to this Website immediately if you are in breach ofthese Terms of Use. Any accrued rights at the date of termination will remainenforceable after termination.

19.GOVERNING LAW

Thelaws of Hong Kong without regard to principles of conflict of laws, will governyour use of this Website and any disputes that may arise between you and us atthis Website.

20.JURISDICTION

Anydispute arising from and connected with your visit to this Website, theServices or the Products you purchase shall be submitted to the non-exclusivejurisdiction of the Hong Kong courts.

21.LANGUAGE

Inthe event of inconsistencies between the English and Chinese versions of theseTerms of Use, the English version shall prevail.


II.PURCHASE PROCEDURE

Selectthe Products and View the Product Information

Selectthe Products you want to purchase by clicking on the “add to cart” button.After adding the Products to the “Shopping Cart”, you can click the “Cart”button and you will be directed to the “Shopping Cart” where you may view theProduct details and choice of colours. In addition, you may findrecommendations of related Products corresponding to your selected Products.

Putthe Products in the Shopping Cart

YourShopping Cart shows the Products you intend to buy, the quantity, shippingcharges and the total amount to be paid etc. You can adjust the Products orquantity you are going to purchase.

Registration

Youmay register as a member to check your Order history at this Website. If youwould like to register as a member, please fill in the registration form. It isnot compulsory to be a registered member to make a purchase.

CheckoutDetails

Thecheckout details will show your selected Products, quantity, shipping charges,total amount to be paid, delivery method and payment method.

Fillin the Customer Information and Delivery Information and Proceed to Payment

Afterconfirming your Order details, please fill in the shipping and Customerinformation. When you have filled in all the details, you have to select “Iagree to the shop's Terms of Use and Privacy Policy” and then you can proceedto payment by clicking “Check out with PayPal”. You will be re-directed toPayPal’s website to complete the payment procedures.

OrderReceipt

Afteryou have completed the payment procedures, you will be re-directed to the pageof our Website confirming the receipt of your Order. You can view your Orderdetails, Order number, delivery details, customer details, total payment amountand payment details. You will also receive an Order confirmation by e-mail fromus. For details of delivery, please see also Delivery Service.

Onceyou have settled the payment, the Order cannot be cancelled.


OrderConfirmation

Whenthe processing of your Order is confirmed, you will receive an e-mail statingthe Order details. 

Cancellationof Order

YourOrder cannot be cancelled once your payment is processed. You may only requestfor an exchange of the Product under Exchange Policy of these Terms of Use.

III.DELIVERY SERVICE

DeliveryTime

OurBusiness Partner for delivery services is SF Express and you may read SFExpress terms and conditions at http://www.sf-express.com/hk/en/use_clause/ andprivacy policy at http://www.sf-express.com/hk/en/privacy_policy/privacy_policy.html.All Orders received will be processed within 3 working days of receipt. UponOrder confirmation, customers can expect to receive their Orders within 3-5working days for Hong Kong deliveries. Please note that the above deliverytimes are not a guarantee of actual delivery times.

Weare not responsible for any damage, destruction or loss of the Products or latedelivery, wrong or missed pick up or tracking issues with the courier. We arenot liable for costs sustained as a result of a change in information on yourside, for example, change of shipping address. 


DeliveryCost

AllOrders are delivered by courier service. Total delivery costs will be shown onthe Website and the Order confirmation when we confirm your Order. 

DeliveryTerritories

Wewill only deliver our Products to specified territories. For these territories,please check the optional delivery location in the shopping cart. Delivery toterritories beyond those stated is currently unavailable.

Deliveriescannot be made to P.O. boxes, or locations where delivery services are limitedby the courier.


PrintedSales Memo

Aprinted sales memo will be enclosed in the Product shipped to you. Please keepthe original sales memo for exchange of Product. If you do not receive theprinted sales memo, please contact us by email (ecommerce@optical88.com.hk)within 7 days (from the date when delivery was signed and received) and youwill be required to provide the Order confirmation of your purchase of Product.Upon receiving the email confirmation of your purchase of Product, we will sendyou the re-issued sales memo by mail within 7 days.


IV.PAYMENTOPTION AND SECURITY

OurBusiness Partner for processing payments is PayPal and you may read PayPal’sterms and conditions athttps://www.paypal.com/hk/webapps/mpp/ua/legalhub-full?locale.x=en_GB andprivacy policy at https://www.paypal.com/hk/webapps/mpp/ua/privacy-full?locale.x=en_HK.


www.eshop-eggoptical.com implements a variety of security measures to maintain the safety of yourpersonal information. When you place Orders with us, we offer the use of asecure server. The secure server software, Secure Sockets Layer (SSL) encryptall information you provide before it is sent to us.

V.EXCHANGE POLICY

1.Terms of Exchange

a.Under our exchange policy, you may contact our customer services for exchangeof Product within 7 days by mail. We will not entertain requests made after 7days.

Pleasecontact us through CS hotline: 2113 2363 or E-mail: eshop@eggoptical.com to get a confirmation email before return.

Thecomplete Product together with the original sales memo and a copy of ourconfirmation email must be posted to us by mail within 7 working days uponreceiving the confirmation email. All fees related to the exchange of theProduct shall be borne by the customer.

Wewill not accept exchanges without Required Documents for Exchange.

Wewill determine whether a returned Product is in its original condition (i.e. inthe same condition as when originally purchased with all original sales memo,warranty card, entire glasses and any parts (if any)) and our decision will befinal.

b.The complete Product refers to the Product that is returned in its originalcondition and packaging with all original sales memo, warranty card, spareparts and gift redemptions (if any)).
c.A Product can only be exchanged once.


2.Procedure for Exchange

a.Please read Terms of Exchange carefully before your exchange.

b.After receiving the confirmation email and address for return, wrap the packagesecurely and return the Products together with the Required Documents forExchange.

c.For your protection, ship your return via a traceable carrier, or a prepaidcourier service. All the exchange delivery charges are to be borne by you.“Collect Charge” shipment will be refused.

d.Please insure your Product for its Net Price per Unit. We are not responsiblefor the damage or loss for returned Products that are not insured.

e.Send your return package to the address we provide when we give you theconfirmation email. Please DO NOT return the Products to any address other thanthe ones stated in our email, or in our Web Site or we may not be able to tracethe return shipment and we will not be responsible for the lost shipment intransit.

f.Once your returned package has been received by us, it is processed andinspected before we proceed in approving or disapproving the exchange. Uponreceiving your Product, we shall send you an email within 7 working daysinforming you whether your request for exchange is accepted.


VI.PRODUCT WARRANTY

1.   Frames and sunglasses purchased from EGGOPTICAL BOUTIQUE LIMITED online shop come with a 12-month warranty. Pleaseretain the sales memo, warranty card, entire glasses and any parts (if any) forwarranty purposes.

2.   All items sold (whether fully paid or bydeposit) are non-refundable and non-exchangeable unless the circumstances underparagraph 3 below apply.

3.   At EGG OPTICAL BOUTIQUE LIMITED’s discretion,EGG OPTICAL BOUTIQUE LIMITED may consider customer’s request for an exchange offrames, sunglasses, and other products purchased at EGG OPTICAL BOUTIQUELIMITED online shop (exclude the items which have been stated asnon-exchangeable on EGG OPTICAL BOUTIQUE LIMITED online shop) if:

 (a)      The frames or sunglassespurchased at EGG OPTICAL BOUTIQUE LIMITED online shop are under a validwarranty AND a manufacturing defect is confirmed by EGG OPTICAL BOUTIQUELIMITED. EGG OPTICAL BOUTIQUE LIMITED may either exchange the Product or repairthe defective part. Exchange will be limited to the same brand and model only,subject to stock availability.

 (b)      If the received Product(s) is/aredefective, damaged or not in accordance with the Order.

4.   Please direct any request for exchange to ourCS team and please refer to the Exchange Policy in this Terms and Conditions.Customer shall be liable for all the charges (including delivery costs)resulting from the exchange.

5.   If a gift redemption item or cash coupon (ifany) is not returned upon exchange, the retail price of the gift redemptionitem and/or the value of the cash coupon will be charged to customer.

6.   EGG OPTICAL BOUTIQUE LIMITED shall have theright not to provide any written or verbal report for any repairing servicesand/or product examination. All extra delivery costs will be charged tocustomer.