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TERMS OF USE


I. TERMS AND CONDITIONS

Welcome to eshop.optical88.com.hk. This Website is operated by OPTICAL 88 LTD. We provide you with the Services strictly subject to these Terms of 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 Use and other rules and policies relevant to the use of this Website without prior notice. Your continuing use of the Services will be deemed as your acceptance of the revised Terms of Use.

1. TERMINOLOGY

The following commonly used terminology at this Website mean:

a. “Affiliates” mean in relation to us, another company that is a direct or indirect subsidiary of, or a direct or indirect holding company of, or another direct 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 with to promote and/or offer our Products and our Services; and to procure visitors to this Website with a view to using the Services;
  (2) those persons or bodies corporate with whom we enter into arrangements with for promoting marketing and offering for sale of our services and/or products, whether available on this Website or otherwise (including those of our Affiliates); and
  (3) our Affiliates;
c. “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic 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 its content (visual and aural) and other intellectual property rights (whether registered or unregistered) and any applications for any of them and any rights of any such nature anywhere in the world;
e. “Net Price per Unit” refers to the Selling Price of each unit of Product after apportioning (where applicable) and deducting discounts, promotions or other price reductions offered by us;
f. “Order” means an order for Products placed by you and allocated an order number by 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 register to use the Services;
k. “Services” mean the services made available to you at this Website, and incidental services, like after-sales, payment processing and delivery;
l. “Stores” mean physical retail store or stores operated by our Affiliates and who are our authorised retailers;
m. “we”, “us” or “our” means OPTICAL 88 LTD and its successors and assigns;
n. “Website” means this Website at eshop.optical88.com.hk; and
o. “you” or “your” means you

where use of plural terminology includes the singular and vice versa.

2. PRICING AND DISCOUNTS

All prices listed here apply to purchases at this Website only. All other discounts or promotions which are not available through this Website are not valid for purchases.

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

3. PERSONAL USE

All Products sold are for personal use only. Material and information posted on our Website are for personal use only. No re-sale or other commercial use is allowed.

4. WHEN WE ACCEPT YOUR ORDER

We reserve the right not to accept Orders for Products or Services. By registering and completing the purchase procedure under section II, you offer to purchase our Products. We will send you an Order Acknowledgement by e-mail to acknowledge your Order. However, this is not an acceptance of your Order. We will only send you an Order Delivery Notification of your Order once we have checked availability of stock and courier service.

5. TITLE AND RISK OF LOSS

Risk of loss and title for Products purchased pass to you upon delivery to the courier.

6. INTELLECTUAL PROPERTY RIGHTS

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

7. COOKIES

This Website uses certain monitoring and tracking technologies (such as cookies, beacons, pixels, tags and scripts). These technologies are used in order to maintain, provide and improve our Services on an ongoing basis, and in order to provide our visitors and customers with a better experience. The four main functions of these tools are as below: Site functionality cookies - these cookies allow you to navigate the site and use our features, such as “Add to Cart”.
Site analytics cookies - these cookies allow us to measure and analyze how our customers use the site, to improve both its functionality and your shopping experience.
Customer preference cookies - when you are browsing or shopping on this Website, these cookies will remember your preferences (like your language or location), so we can make your shopping experience as seamless as possible, and more personal to you.
Targeting or advertising cookies - these cookies are used to deliver advertisements relevant to you. They also limit the number of times that you see an advertisement and help us measure the effectiveness of our marketing campaigns.
By using the Website, you agree to us placing these sorts of cookies on your device and accessing them when you visit the Website in the future. If you want to delete any cookies that are already on your computer, the “help” section in your browser should provide instructions on how to locate the file or directory that stores cookies. Further information about cookies can be found at https://ico.org.uk/for-organisations/guide-to-pecr/cookies-and-similar-technologies. Please note that by deleting or disabling future cookies, your user experience may be affected and you might not be able to take advantage of certain functions of our Website, and the complete user experience.

8. PRODUCT INFORMATION

Products displayed at this Website may or may not be available at retail stores operated by us or our Affiliates. OPTICAL 88 LTD makes no representations or warranties that any of the Products or Services displayed on this Website will be available at any time or location. All prices displayed on this Website are quoted in HK Dollars.

9. BUSINESS PARTNERS

Our Business Partners working with us to provide and promote the Services include, PayPal Hong Kong Limited (“PayPal”), and SF Express. Please carefully read the terms and conditions with respect to the payment and courier services provided by PayPal and SF Express respectively and their privacy policies before proceeding with your Order. By proceeding with your Order, you will be deemed to have accepted the terms and conditions and privacy policies of our Business Partners.

10. MINORS

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

11. NO AGENCY

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

12. COMMUNICATION FROM YOU

Any communication or material you transmit to this Website by e-mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of OPTICAL 88 LTD and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. We assume the right to use any ideas, concepts, know-how or techniques contained in any communication you send to this Website for any purpose including, but not limited to, developing, manufacturing and marketing Products using aforesaid information. Personal data collected will remain confidential and will be treated in accordance with our Privacy Policy Statement.

13. EXCLUSION OF REPRESENTATIONS AND WARRANTIES

We will use reasonable commercial efforts to include accurate and up to date information on this Website, but we make no representations or warranties as to its accuracy. Neither OPTICAL 88 LTD, its Affiliates nor any other party involved in creating, producing or delivering this Website shall be liable for any direct, indirect, special, incidental, or consequential, damages losses, costs and expenses arising out of or in any way in connection with your access to or use of this Website. Everything on this Website is provided to you “as is” without any express or implied warranties, including, warranties of merchantability or fitness for a particular purpose.
We do not warrant that the functioning of this Website will be error free, that defects will be corrected, that this Website or host server is malware free or will not be interrupted due to technical problems or is hack-free.
We are not responsible for the content of any websites linked to our Website or for any services offered by linked sites and take no responsibility for, and give no warranties, guarantees or representations in respect of such links.
We are not responsible for the actions of our Business Partners (including a person or body corporate with whom our Business Partners enter into arrangements with to provide services to you (“Business Partner Affiliates”)) and make no representations or warranties with respect to the services they provide to you in connection with your use of this Website, the Services or the purchase of the Products.

14. LIMITATION OF LIABILITY

a. To the fullest extent permissible under applicable law and save for and limited to the Exchange Policy under Section VIII, we disclaim any and all representations or warranties of any kind, whether express or implied, in relation to the Products and our Services.
b. We will not be liable to you, or any third party in contract, tort or otherwise for any claims, liabilities, losses, damages, costs and expenses under, arising from 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 or Services 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 otherwise for any claims, liabilities, losses, damages, costs and expenses under, arising from or in connection with the services provided to you by our Business Partners and/or Business Partner Affiliates in relation to your use of this Website, the Services or Products regardless of cause and as such we accept no liability for any claims, liabilities, losses, damages, costs and expenses arising therefrom.
d. Notwithstanding any other provisions to the contrary in these Terms of Use, our maximum cumulative liability to you or to any other party in contract, tort, or otherwise for any claims, liabilities, losses, damages, costs and expenses under, arising from or in connection with your use of this Website and Services and the sale of Products to you shall not in any circumstances exceed the cumulative sum paid by you to us under an Order. BUT in no event shall we be liable to you for any loss of profits, business contracts, sales, or for any special, indirect, incidental or consequential damages or losses of any nature.

15. INDEMNITY

You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against 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, arising from or in connection with any breach of these Terms of Use by you or any other liabilities arising from or in connection with your use of this Website and the Services, or the use by any other person accessing this Website using your shopping account and/or your personal information.

16. CUSTOMER’S REPRESENTATIONS AND OBLIGATIONS

You warrant and represent to us that (i) you have the authority and legal capacity to agree to these Terms of Use; (ii) the personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; (iii) you will notify us immediately of any changes to your personal information by contacting customer services at ecommerce@optical88.com.hk; (iv) you will comply with all applicable agreements, law, statutes, ordinances and regulations with regard to the use of the 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 or entity or use a false name or a name you are not authorised to use. You agree to 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 reasonably suspect 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 the performance of our provision of Services attributable to any cause beyond our reasonable control, including without limitation:
  (1) Strikes, lock-outs or other industrial action.
  (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  (4) Impossibility of the use of railways, shipping, aircraft, motor transport or 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 any government, shipping, postal or other relevant transport strike, failure or accidents.
  (7) Failures of the internet or any public telecommunications network, failures of our hosting provider, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections or power failures or failures of your 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 without any liability other than a refund of a Product already paid for by you and not delivered.
c. If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Order we will process and to what extent.
d. We reserve absolute discretion on the solution we adopt in fully meeting our obligations under each Order despite the Force Majeure event.

18. TERMINATION

We may terminate your access to this Website immediately if you are in breach of these Terms of Use. Any accrued rights at the date of termination will remain enforceable after termination.

19. GOVERNING LAW

The laws of Hong Kong without regard to principles of conflict of laws, will govern your use of this Website and any disputes that may arise between you and us at this Website.

20. JURISDICTION

Any dispute arising from and connected with your visit to this Website, the Services or the Products you purchase shall be submitted to the non-exclusive jurisdiction of the Hong Kong courts.

21. LANGUAGE

In the event of inconsistencies between the English and Chinese versions of these Terms of Use, the English version shall prevail.


II. PURCHASE PROCEDURE

Select the Products and View the Product Information
Select the 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 the Product details and choice of colours. In addition, you may find recommendations of related Products corresponding to your selected Products.

Put the Products in the Shopping Cart
Your Shopping Cart shows the Products you intend to buy, the quantity, shipping charges and the total amount to be paid etc. You can adjust the Products or quantity you are going to purchase.

Registration
You may register as a member to check your Order history at this Website. If you would like to register as a member, please fill in the registration form. It is not compulsory to be a registered member to make a purchase.

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

Fill in the Customer Information and Delivery Information and Proceed to Payment
After confirming your Order details, please fill in the shipping and Customer information. When you have filled in all the details, you have to select “I agree to the shop's Terms of Use and Privacy Policy” and then you can proceed to payment by clicking “Check out with PayPal”. You will be re-directed to PayPal’s website to complete the payment procedures.

Order Receipt
After you have completed the payment procedures, you will be re-directed to the page of our Website confirming the receipt of your Order. You can view your Order details, Order number, delivery details, customer details, total payment amount and payment details. You will also receive an Order confirmation by e-mail from us. For details of delivery, please see also Delivery Service.
Once you have settled the payment, the Order cannot be cancelled.

Order Confirmation
When the processing of your Order is confirmed, you will receive an e-mail stating the Order details. 

Cancellation of Order
Your Order cannot be cancelled once your payment is processed. You may only request for an exchange of the Product under Exchange Policy of these Terms of Use.


III. DELIVERY SERVICE

Delivery Time
Our Business Partner for delivery services is SF Express and you may read SF Express terms and conditions at http://www.sf-express.com/hk/en/use_clause/ and privacy 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. Upon Order confirmation, customers can expect to receive their Orders within 3-5 working days for Hong Kong deliveries. Please note that the above delivery times are not a guarantee of actual delivery times.
We are not responsible for any damage, destruction or loss of the Products or late delivery, wrong or missed pick up or tracking issues with the courier. We are not liable for costs sustained as a result of a change in information on your side, for example, change of shipping address. 

Delivery Cost
All Orders are delivered by courier service. Total delivery costs will be shown on the Website and the Order confirmation when we confirm your Order. 
Delivery Territories
We will only deliver our Products to specified territories. For these territories, please check the optional delivery location in the shopping cart. Delivery to territories beyond those stated is currently unavailable.
Deliveries cannot be made to P.O. boxes, or locations where delivery services are limited by the courier.

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


IV.PAYMENT OPTION AND SECURITY

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

eshop.optical88.com.hk implements a variety of security measures to maintain the safety of your personal information. When you place Orders with us, we offer the use of a secure server. The secure server software, Secure Sockets Layer (SSL) encrypt all 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 exchange of Product within 7 days by mail. We will not entertain requests made after 7 days.
Please contact us through CS hotline: 2113 2363 or E-mail: ecommerce@optical88.com.hk to get a confirmation email before return.
The complete Product together with the original sales memo and a copy of our confirmation email must be posted to us by mail within 7 working days upon receiving the confirmation email. All fees related to the exchange of the Product shall be borne by the customer.
We will not accept exchanges without Required Documents for Exchange.
We will determine whether a returned Product is in its original condition (i.e. in the same condition as when originally purchased with all original sales memo, warranty card, entire glasses and any parts (if any)) and our decision will be final.
b. The complete Product refers to the Product that is returned in its original condition and packaging with all original sales memo, warranty card, spare parts 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 package securely and return the Products together with the Required Documents for Exchange.
c. For your protection, ship your return via a traceable carrier, or a prepaid courier 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 responsible for 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 the confirmation email. Please DO NOT return the Products to any address other than the ones stated in our email, or in our Web Site or we may not be able to trace the return shipment and we will not be responsible for the lost shipment in transit.
f. Once your returned package has been received by us, it is processed and inspected before we proceed in approving or disapproving the exchange. Upon receiving your Product, we shall send you an email within 7 working days informing you whether your request for exchange is accepted.


VI. PRODUCT WARRANTY

1. Frames and sunglasses purchased from OPTICAL 88 online shop come with a 12-month warranty. Please retain the sales memo, warranty card, entire glasses and any parts (if any) for warranty purposes.
2. All items sold (whether fully paid or by deposit) are non-refundable and non-exchangeable unless the circumstances under paragraph 3 below apply.
3. At OPTICAL 88’s discretion, OPTICAL 88 may consider customer’s request for an exchange of frames, sunglasses, and other products purchased at OPTICAL 88 online shop (exclude the items which have been stated as non-exchangeable on OPTICAL 88 online shop) if:
  (a) The frames or sunglasses purchased at OPTICAL 88 online shop are under a valid warranty AND a manufacturing defect is confirmed by OPTICAL 88. OPTICAL 88 may either exchange the Product or repair the defective part. Exchange will be limited to the same brand and model only, subject to stock availability.
  (b) If the received Product(s) is/are defective, damaged or not in accordance with the Order.
4. Please direct any request for exchange to our CS 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 (if any) is not returned upon exchange, the retail price of the gift redemption item and/or the value of the cash coupon will be charged to customer.
6. OPTICAL 88 shall have the right not to provide any written or verbal report for any repairing services and/or product examination. All extra delivery costs will be charged to customer.