TERMS & CONDITIONS

TERMS & CONDITIONS OF USE

 

INTRODUCTION/APPLICABILITY

TEMPS, our business, changes constantly, so you should check this website frequently for changes or updates. Your use of this website is subject to these Terms and Conditions, our Privacy Policy and any other policies referred to (collectively the “Terms”). We may modify these Terms from time to time, so please check back often. If you do not agree to these Terms or any revision, you must immediately stop using this website. We reserve the right to withdraw or amend this website without notice. We will not be liable if, for any reason, this website is unavailable at any time, or for any period of time. From time to time, we may restrict access to some parts of or the entire website. We reserve the right to suspend, restrict, or terminate your access to this website at any time without notice.

COPYRIGHT AND TRADEMARKS
All text, graphics, logos, button icons, images, audio clips, videos, software, downloads, and any other content present on this website is the property of TEMPS or our affiliated entities and is subject to Hong Kong and international copyright laws. Copyrights, trademarks or trade dress of TEMPS and our affiliates may not be used without our written permission. Such items include our name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of TEMPS products, services, and programs, and those of our affiliates. Your use of the material found on this website is limited to the electronic copying and printing of site pages for personal, non-commercial reasons (e.g., printing an order confirmation page or other purposes related to ordering or shopping for merchandise). Without the explicit written permission of TEMPS, any other use of content found on this website (including linking and framing) is strictly prohibited.
 
REGISTRATION
To use some of the services on this Website you may need to register an account. By registering an account and using the Website, you agree if required to provide information about yourself that is complete accurate, true, and up to date. Please visit our Privacy Policy to see how we will use and store your personal data. Should any of your registration information change, please notify us immediately at the following e-mail address [info@temps.hk].
 
RESTRICTIONS
BY USING THIS WEBSITE, YOU AGREE THAT YOU CANNOT:
•    Use the website in any way that may lead to the encouragement, procurement, or carrying out of any criminal activity, or to promote any business, products, or services;
•    Use foul, threatening, or offensive language including, without limitation, defamatory, libellous, racist, sexist, ageist, homophobic, or sexually explicit language;
•    Distribute illegal, copyright infringing, advertising, indecent, or offensive material, or transfer files that contain viruses, Trojans, or other harmful programs; or
•    Use the website for any purpose other than your personal use.
 
ERRORS AND INACCURACIES
Though it is our priority to provide you with complete, current, and accurate information, our website may contain content that is subject to human and/or technological errors (e.g., typographical errors, inaccuracies, omissions, etc.). This content may include information related to pricing and availability, as well as material that is incomplete or outdated. TEMPS reserves the right to correct such information, even after an order has been placed. We may change or update information without prior notice at any time. Consequently, we apologize for any inconvenience that such errors may produce.
 
WEBSITE ACCESS AND CONTENTS
Access to this website and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair, or for reasons beyond our control. We have made every effort to display the products featured as accurately as possible. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, may greatly affect the colors you actually see on the screen. TEMPS cannot be held responsible for any limitations of your monitor and cannot guarantee that your monitor's display of any color, texture, or detail of merchandise will be accurate/the same as the actual product.
 
NO CONFIDENTIALITY
We do not wish to receive any confidential or proprietary information through this website other than the information required from you for registration or to place an order. By submitting other information to us, you grant us license to use it in any way, without compensation. We will not use your name other than in the course of providing services to you unless required to do so by law, or unless you have provided us with your permission to do so.
 
CHILDREN
TEMPS does not sell products for purchase by children; we sell children’s products for purchase by adults. If you are under 18, then please consult your parent or guardian before proceeding to use the website since they will need to place the order on your behalf.
 
PRIVACY POLICY
Please see our Privacy Policy which contains important information about the use of your personal data and other information regarding your privacy.
 
ECOMMERCE RETURNS POLICY AND PROCEDURES
Please see our Returns Policy and Procedures which contains important information about the return of products purchased on this website.
 
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TEMPS, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of Content, your use of the website, your conduct in connection with the Website or with other website users, or any violation of these Terms, any law or the rights of any third party.
 
DISCLAIMER OF LIABILITY
TEMPS makes no representations or warranties of any kind, whether expressed or implied, with respect to this website, its content, or the information available on or through it—they are provided “as is” with all faults. Except as otherwise provided under applicable laws, TEMPS and our affiliates, directors, officers, employees, agents, contractors, successors, and assigns of each, will not be liable for any damages arising out of or related to the use of this website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive, or other damages you or others may suffer, along with damages for profits, business interruption, or the loss of data or information, regardless of whether we are notified of the potential for such damages in advance.
 
NO WAIVER/SEVERABILITY
Failure of TEMPS to take any action if you breach these Terms of Use shall not be construed as a continuing waiver or relinquishment of such right to take action. TEMPS will still be entitled to use our rights and remedies in any situation where you breach these Terms and Conditions. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
 
APPLICABLE LAW
If you choose to visit our website, you agree that these terms are governed by the laws of the Special Administrative Region of Hong Kong. Both we and you irrevocably and unconditionally submit to the exclusive jurisdiction of the Hong Kong SAR courts in the event of any claim or dispute associated with these terms of sale.
 
DISPUTES
We will do our best to resolve any disputes over these Terms. If necessary, any disputes relating in any way to your visit of our website or to the products purchased on it, including but not limited to any disputes related to privacy, shall be submitted to shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to the website or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

TERMS AND CONDITIONS OF SALE


INTRODUCTION/APPLICABILITY
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
These terms and conditions of sale (“Terms”) apply to the purchase of TEMPS website –  
 
INTERPRETATION
In these terms of sale, “we” means TEMPS (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
We sell our products to you subject to the terms and conditions set out on the Website. By using our Website, you confirm your agreement to be bound by these terms and conditions. If you do not agree with these terms and conditions, you should not use our website.
 
ORDER PROCESS
When you place and order on any of our Websites you are making an offer to purchase the products in your basket for personal use. As part of our commitment to you we will do our utmost to fulfil this order in accordance with the high service levels our customers expect from TEMPS.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
 
Orders on the Website are placed as follows:
•    Find the products you want (including product customisation if applicable)
•    Add the products you wish to order to the shopping basket
•    Proceed to checkout
•    Supply delivery and billing details
•    Review your order
•    Submit your order and make payment
•    Receive an email order confirmation
 
Please note that your order will only be accepted when we email you to say that the products you placed in your basket have been dispatched to you. If you have submitted an order for multiple items and in the unusual event that we cannot process your order as one shipment only those items confirmed in the email as having been dispatched will form part of the contract. The remainder of your order will form a separate contract following confirmed dispatch.
 
We reserve the right to refuse any order for whatever reason, including but not limited to any of the following:
•    the item you wish to order is not available (payments received will be refunded);
•    the item you have selected is subject to import restrictions;
•    your billing information is incorrect/cannot be verified and/or we are unable to obtain payment authorisation;
•    we have reason to believe you are under 18;
•    your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
•    we have reason to believe that you are a reseller;
•    there was a pricing or description error;
•    We could not deliver to the address provided by you.
 
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the Website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale on this Website is English and all sales contracts are concluded in Hong Kong SAR.
 
PRICE AND PAYMENT
We accept both Visa and MasterCard as the forms of payment and reserve the right to add or withdraw any payment method in our sole discretion from time to time.
 
Prices for products are quoted on the Website. Prices quoted are inclusive of Value Added Tax (VAT) on applicable transactions. Shipping charges may apply, depending on the country to which your order is being delivered. Prices are quoted in Hong Kong HKD ($).
 
If your credit/debit card is not in the currency stated on the Website your card issuer will apply the exchange rate applicable at the date at which they process your transaction.
 
We make every effort to make sure that the details on the Website are accurate but on rare occasion an error in the pricing of products may occur. In those circumstances we will not be under any obligation to accept fulfil or dispatch an order for any product/item that was listed incorrectly and we reserve the right to reject your order and/or cancel your purchase in the event of such error.
 
If this happens in relation to any item you have ordered we will notify you as soon possible and either obtain your confirmation as to whether you wish to continue with your order (but at the correct price) or alternatively we let you know that are unable to accept your order and have cancelled it in full or in relation those parts of you order which are subject to the error. If you have already paid for the products we will aim to provide you with a full refund as soon as we can. Please note that in a case where a cancellation is communicated to you whilst the products are in transit to you then a refund will only be processed once the product has been returned to us.
 
Prices displayed on the Website may be subject to change. We reserve the right to change prices without notice. Other than in the case of pricing errors, the price shown at the moment you place your order is the applicable price.
In addition to the price of the products, you may, dependent upon the country to which your order is shipped, have to pay a delivery charge, which will be as stated when you pay for the product.
 
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the entire amount due is not received from you in full in cleared funds.
 
In order to help protect you against identity theft and fraud you agree that we may use Personal Information provided by you in order to conduct reasonable anti-fraud checks. This means that information that you provide may be disclosed to a reputable fraud prevention or credit reference agency, which may keep a record of that information.
 
YOUR WARRANTIES
You warrant to us that:
•    you are eighteen (18) years old or older, and/or you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
•    the information provided in your order is accurate and complete;
•    you are a consumer, not a reseller; and
•    that the Credit/Debit card(s) used is yours or that you have been authorised by the owner to use it.
 
DELIVERY POLICY
We deliver products Monday through Friday (except where Saturday delivery is offered). We do not ship or dispatch on public holidays and we will not make deliveries on local public holidays within the destination country.
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation email.
 
RETENTION OF TITLE
We retain title in the TEMPS products until we have received full payment for all such products.
 
EXCHANGE AND RETURNS POLICY
Please see our Returns Policy and Procedures which contains important information about the return of products purchased on this website.
 
CONSUMERS’ STATUTORY RIGHTS
Any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of sale.
 
LIMITATIONS AND EXCLUSIONS OF LIABILITY
TEMPS shall only be liable for damages suffered by you in the event such damages result from a breach attributable to TEMPS of its contractual obligations towards you, or in the event TEMPSs’ liability follows from applicable statutory law.
 
In the event you have suffered damages in relation to our activities on the Website, our liability will be limited to:
•    damage to the TEMPS products or to other materials;
•    reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages;
•    reasonable and demonstrable costs incurred by you to prevent or reduce the damage.
 
The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.
We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.
We are not liable for damages as a result of incorrect information on the Websites.
In the event you suffer damage as a result of our gross negligence or wilful misconduct, none of the limitations in this article apply.
 
CONTRACT CANCELLATION
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you (via e-mail or telephone) if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract. Upon the cancellation of a contract in accordance with this Section we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
 
SCOPE OF THESE TERMS OF SALE
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
 
GOVERNING LAW
These terms are governed by the laws of Hong Kong Special Administrative Region. Both we and you irrevocably and unconditionally submit to the exclusive jurisdiction of the Hong Kong SAR courts in the event of any claim or dispute associated with these terms of sale.

TERMS AND CONDITIONS OF GIFT CARDS AND GIFT BOXES

  1. The Gift Card and Gift Box (referred to in these terms and conditions as the Card) can be purchased as:

    • a physical Card via the website for Hong Kong (referred to in these terms and conditions as www.temps.hk); and

    • a virtual Card via www.temps.hk.

  2. These general terms and conditions of use govern the relationship between:

    • TEMPS and the purchaser of a Card when purchasing a Card in TEMPS Store or via www.temps.hk; or

    • when a Card is used to purchase items for sale in TEMPS Store or via www.temps.hk.

  3. The balance of the Card can be paid by any means of payment accepted at the TEMPS Store or at (as applicable) but not by means of another Gift Card or Gift Box.

  4. The Card can be used to purchase any item for sale in TEMPS Store or via www.temps.hk.

  5. The Card cannot be used in conjunction with any staff discount.

  6. The Card can be used once for redeem of the any merchandise, product or service available in TEMPS store in Hong Kong.

  7. Where the redeem price is in excess of the available balance on the Card, the difference may be paid through any other payment means accepted at the TEMPS Store.

  8. The amount or balance on the Card shall not at any time be refunded or exchanged for cash, and no change will be given for any remaining amount or balance, except in accordance with your legal rights.

  9. Products redeemed with the Card at TEMPS Store shall be subject to the same return policy as any other products purchased at TEMPS Store or via www.temps.hk.

  10. Where appropriate, refunds for products redeemed with the Card which are returned shall be made by TEMPS in the form of Online Cash Coupon Code issued by e-mail, to the e-mail address of the customer who made the purchase with the Card, 

  11. The Card shall be valid for one year from the date of purchase in respect of either physical or virtual Cards.

  12. At the expiry of the validity period, the Card cannot be renewed, or used to purchase goods, nor shall any unused remaining balance in the Card be claimed. Card expiry is without notice and any remaining balance will be forfeited.

  13. The Card is a bearer instrument. Its holder shall be solely responsible for the use and custody of the Card. A damaged, altered or cancelled Card shall not be accepted as a method of payment by TEMPS and TEMPS shall not replace any Card that is lost, stolen or damaged except in accordance with your legal rights.

  14. Where the virtual Card is purchased via www.temps.hk, TEMPS shall not be responsible for any failure or delay in delivery of the Card to its intended recipient if caused by events or circumstances beyond TEMPS´s reasonable control.

  15. Cards obtained through any unlawful means shall be null and void and they shall not be used to purchase products, nor shall the remaining balance on the Card be refunded.

  16. The Card shall not be used for the purposes of advertising or promoting products or services marketed by any third party other than TEMPS without TEMPS's prior written consent.

  17. The purchase and/or use of the Card evidences full acceptance of these terms and conditions which have been made available to the purchaser of the Card at the time of purchase and which are also available for inspection on www.temps.hk.

  18. TEMPS reserves the right to amend these terms and conditions at any time without notice where it reasonably considers it necessary to do so.

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