Terms and Conditions of Use

Terms & Conditions Of Use

Huber Hong Kong Limited(“HOM”) owns and operates this website (hom.com.hk). This document governs Buyer’s relationship with our website.

These Terms and Conditions (“Terms”) contained herein on this webpage, shall govern Buyer’s use of this website, including all pages within this website (“Website”). These Terms apply in full force and effect to Buyer’s use of this Website and by accessing this Website, Buyer agree to be bound by these Terms contained herein in full. Buyer must not use this Website, if Buyer disagree with any part of these Terms and Conditions.

 

Age Restriction.

Buyer must be at least 18 years of age to use this Website; by using this Website or agreeing to these Terms, Buyer warrant and represent to us that Buyer are at least 18 years of age.

 

Intellectual Property Rights.

The intellectual property rights in all software and content (including photographic images) made available to Buyer on or through this website remains the property of HOM or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by HOM and its licensors. Buyer may store, print and display the content supplied solely for Buyer’s own personal use. Buyer are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to Buyer or which appears on this website nor may Buyer use any such content in connection with any business or commercial enterprise.

 

Prohibitions

Buyer are expressly and emphatically restricted from all of the following:

publishing any Website material in any media;;
selling, sublicensing and/or otherwise commercializing any Website material
transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious,
technologically harmful, in breach of confidence or in any way offensive or obscene;
using this Website in any way that impacts user access to this Website;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
send any unsolicited advertising or promotional material, commonly referred to as “spam”;

Breaching this provision would constitute a criminal offense and HOM will report any such breach to the relevant law enforcement authorities and disclose Buyer’s identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Buyer’s computer equipment, computer programs, data or other proprietary material due to Buyer’s use of this website or to Buyer’s downloading of any material posted on it, or on any website linked to it.

 

Accounts, Passwords And Security

Certain features or services offered on or through this website may require Buyer to open an account (including setting up an Account ID and password) and to share Personal Data. Apart from the representations made in our Privacy Policy regarding our protection of Buyer’s information, Buyer are responsible for maintaining the confidentiality of Buyer’s account information, including Buyer’s Account ID and password, and for any and all activity that occurs on or under Buyer’s account. Buyer agree to notify HOM immediately of any actual or potential unauthorized use of Buyer’s account or password, or any other actual or potential breach of security. However, Buyer may be held liable for losses incurred by HOM or any other user of or visitor to this website due to someone else using Buyer’s Account ID, password or account.

 

Products And Sales Product Descriptions

In describing and portraying our products on this website, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other content of the website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. Buyer may contact us at hommarketinghk@gmail.com for more details.

 

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at Our Website. We cannot guarantee that Buyer’s computer monitor’s display of any color will be accurate, complete, reliable or error-free.

 

No warranties.

This Website is provided “as is,” with all faults, and HOM makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to Buyer.

 

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

 

Disclaimer of Liability

In no event shall HOM, nor any of its officers, directors and employees, be liable to Buyer for anything arising out of or in any way connected with Buyer’s use of this Website, whether such liability is under contract, tort or otherwise, and HOM including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to Buyer’s use of this Website.

 

Indemnity

Buyer agree to indemnify, defend and hold harmless HOM, its directors, officers, employees, consultants, agents, and affiliates, from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to Buyer’s breach of any of the provisions of these Terms.

 

Variation

HOM shall have the right in its absolute discretion at any time and without notice to amend, remove or vary this Website and/or any page of this website. Buyer should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.

 

Invalidity

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if Buyer have any complaints or comments through +852 3974 6894 or hommarketinghk@gmail.com.

 

Waiver

If Buyer breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where Buyer breach these Terms.

 

Entire Agreement

The above Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between Buyer and HOM, and supersede all prior agreements and understandings with respect to the same.

 

Governing Law

These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Hong Kong Law. Both we and Buyer hereby agree to submit to the non-exclusive jurisdiction of the Hong Kong Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

 

Terms & Conditions Of Sales Sales

Terms of use for HOM sales: offers are only valid as long as stock is available. They apply to a selection of products, including but not limited to underwear, swimwear, leisurewear, loungewear, t-shirts and socks. Offers cannot be combined with other ongoing promotions unless stated otherwise. Products purchased on sale are non-exchangeable and non-refundable.

 

Preamble

This page sets out the terms and conditions ("T&Cs") governing all sales and purchases of goods effected through the online shop operated by Huber Hong Kong Limitedwith the address as Unit 1414, 14/F., Star House, 3 Salisbury Road, Tsim Sha Tsui, Kowloon, Hong Kong. Buyer’s use of the Website and placing orders thereat shall be deemed to imply Buyer’s acceptance of the T&Cs. All references in the T&Cs to “HOM” shall mean “Huber Hong Kong Company” and “Goods” shall mean the products branded with HOM. Buyer can contact us using the following email address: servicehk@hom.com. The consumer shall be defined as any non-professional buyer of goods intended for personal use. The present Terms and Conditions of Sale (hereinafter referred to as Terms and Conditions) that Buyer explicitly accept without reservations in the version published when Buyer place Buyer’s order, governs all contracts made on the HOM website.

Where there is any conflict between the English and the Chinese version of the T&Cs, the former shall prevail.

Huber Hong Kong Limitedis not responsible for any dispute arising from the use of the Website and purchase of the Goods through the Website.

Huber Hong Kong Limited reserves the right to modify its terms and conditions periodically.

 

1. Purpose

The purpose of the present Terms and Conditions is to define the rights and obligations of the parties in the context of the online sale of goods and/or provision of services offered by the HOM website to the buyer.

 

2. Order Process

The HOM website allows Buyer to make purchases directly online using the online catalogue and the form provided therein. In order to do this all Buyer have to do is select the item(s) in the HOM line offered on the website (hereinafter referred to as the “Item(s)”) that Buyer wish to purchase and add them to Buyer’s shopping cart by clicking on the “Add to Cart” button. Buyer can view the details of Buyer’s order as well as the total price and correct any potential errors before confirming Buyer’s order and expressing Buyer’s consent. Before confirming Buyer’s order Buyer can thus view the details and modify the Item(s) that Buyer wish to purchase. Confirm Buyer’s order by clicking “Continue”and “Proceed to checkout.”

For every confirmed purchase the buyer must accept, by clicking on the indicated zone, the present Terms and Conditions. He or she must choose an address and shipping option in order to validate the payment method.

The HOM website will send Buyer a confirmation email upon receiving Buyer’s order.

Every order constitutes acceptance of the price and description of the Item(s) for sale. Any dispute of this point will be subject to the provisions of a potential discussion and guarantees outlined below.

In certain cases, for example in the case of non-payment, an incorrect address or any other problem in the buyer’s account, the HOM website shall not be liable for any failure or delay or otherwise in discharging our obligations and/ or performing our duties under the Contract. We reserve the right to block the buyer’s order until the problem is resolved.

The selection of Items offered on the HOM website is only valid as long as stock is available. In the case of Items ordered which are no longer available in-stock, we will cancel Buyer’s order and inform Buyer by email, or where applicable with our “Shipping Email” which will be sent to Buyer when the available Items are shipped.

We shall have sole and absolute discretion to accept or decline the Order without ascribing any reason in respect thereof. We do not guarantee that the goods shown on the Website will be available for sale to Buyer at all times.

For any questions relating to placing order, the buyer must contact us using the following email address: servicehk@hom.com

3. Proof of transaction

Computerised records, saved in the vendor’s IT systems under reasonable security conditions, will be considered proof of communication, orders and payments that have taken place between the parties. Archival of order forms and bills is carried out on reliable and durable media that can be produced and serve as proof.

4. Item Information

The items governed by the present Terms and Conditions are those that appear on the HOM website and are indicated as being sold and shipped by the vendor. They are offered within the limits of stock availability.

The items are described and presented with the highest accuracy possible. Notwithstanding, if errors or omissions have occurred in this presentation, the vendor can in no way be held liable.

5. Price

Payment for all orders made on our website is due on the day the order was placed. The prices indicated on the website are in HK Dollars and include all taxes, but they do not include shipping fees which will be charged extra and indicated before the final order confirmation. The price of the Items offered on the HOM website can change at any time according to the website’s pricing policy. The Items ordered will be billed according to the prices in effect at the time the order was placed.

We reserve the right to change prices for products displayed on our Website at any time, and to correct pricing errors that may inadvertently occur. In the event of a pricing error, we will notify Buyer of the error and allow Buyer to either proceed with the transaction at the correct price or cancel Buyer’s order at no cost to Buyer.

We further reserve the right to adjust price to reflect any change in the cost of Goods due to any unforeseen circumstances beyond our reasonable control, including, foreign exchange fluctuation, currency regulation, change in tax, levies, costs of labour, materials or other costs of manufacture, delivery schedule (at Buyer’s request), or Buyer’s late instructions or failure to supply us with necessary information.

6. Payment

Orders entail payment obligation, which means that confirming an order requires the buyer’s payment. Buyer can pay using any of our payment partners listed on our Platform. In the case of a delay in payment, we reserve the right to bill additional charges corresponding with the legal rate from the date the follow-up letter is sent by email to the address provided when the order was made.

We also reserve the right to suspend all order treatment and delivery in the case of a payment refusal from officially accredited organisations or in the case of non-payment. The HOM website namely reserves the right to refuse to deliver an item or to honour an order made by a buyer who has not paid for all or part of a previous order or with whom a payment dispute is in the process of being settled.

7. Promo Codes

To apply a promo code, Buyer must enter it prior to completing Buyer’s Order. Buyer may apply a promo code once only and cannot apply to previously placed Orders. Promo codes that offer a percent off may not be used in combination with other discount or promotion.

Promo codes are not transferable or redeemable for cash or credit.

Certain Goods are excluded from promo code. Buyer should check the specific details of the promo code to which the Goods it applies to. We have the right to cancel Buyer’s Order if Buyer apply promo code to excluded or wrong Goods.

8. Shipping/Shipping Fees

The Goods will be delivered to Buyer at Buyer’s designated address (“Delivery Address”) from the delivery centre located at 1003-5, 10/F, Phase One Modern Terminals, Berth One, Kwai Chung, Hong Kong. Delivery will normally be made between 9:00 a.m. to 8:30 p.m. on weekdays (excluding Hong Kong public holidays). Except in the event of force majeure or unless otherwise stated on the website or when the order is placed, shipping time varies from 2 to 8 working days beginning as soon as the payment has been validated for Buyer’s order. Any error or changes made by Buyer for an order in the process of being shipped will lead to an extension of this delay. The additional fees will be Buyer’s responsibility. Orders worth 1,000 HK dollars or more will be shipped free of charge.

Shipping is only carried out after confirmation of payment by the HOM website’s banking organisation. Products will be delivered to the address given by the buyer on the order form, as such the buyer must make sure that it is accurate. Any packages sent back to the vendor because of an incorrect or incomplete address will be re-shipped at the buyer’s expense.

If when the package is delivered the original packaging is damaged, ripped, faulty or opened the buyer must verify the condition of the items. If they have been damaged, the buyer must refuse to accept the package and contact us using the following email address: servicehk@hom.com or hotline: +852 3974 6894.

If the products need to be sent back to the vendor, the buyer must make a return request within 10 days of the delivery date. Any return request made after this delay will not be accepted. The return can only be accepted if the product is returned in its original condition (packaging, accessories, instructions, etc.).

Please refer to “Delivery” for the details. Notwithstanding the foregoing, time of delivery of the Goods shall not be of the essence in the Contract and are only our best estimate. We reserve the right to change the Delivery Date from time to time upon service of reasonable prior notice to Buyer, whereupon Buyer shall accept delivery of the Goods on such revised Delivery Date as we may advise. Under no circumstances shall we be liable to Buyer for any delay (howsoever caused) in respect of the delivery of the Goods (whether or not the same has been notified to Buyer).

We reserve the right to revise any terms of the delivery service (including but not limited to the Delivery Zone and the delivery charge) from time to time without prior notice. All delivery charges paid are non-transferrable, non-refundable and non-exchangeable for cash or goods once the Order is confirmed pursuant to Clause 2.

9. Retention Of Title

The title of Goods shall pass to buyer immediately upon delivery of the Goods at the Delivery Address. Notwithstanding anything contained herein, we shall not be responsible for any damage of the Goods due to any acts, omissions or any acts beyond our reasonable control (including but not limited to fire and water).

Notwithstanding delivery and the passing of risk in the Goods or anything contained herein, the title to the Goods shall not pass until the total price of the Order under which it has been paid in full.

10. Liability

The Contract sets out the full extent of our obligations and liabilities in respect of the Goods and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract. Any conditions and warranties, whether express or implied by statute, common law or otherwise, including warranties of merchantability or of fitness for a particular purpose, and any additional damages, compensation or indemnification, other than such conditions, warranties and liabilities as are expressly provided for in the T&Cs, are, insofar as and to the fullest extent permitted by law, expressly excluded.

Without prejudice to anything contained herein, our maximum aggregate liability under the Contract, whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by Buyer under the Contract.

We give no warranty as to the accuracy of the information contained on the Website and accept no liability arising from any inaccuracy of the information therein contained. Any typographical error, clerical or other error or omission on the Website, any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction at any time without any liability on our part. Buyer shall use the Website and any other websites accessed through it, at Buyer’s own risk.

No failure or delay by us in exercising any right, power or remedy under the Contract shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of Buyer’s breach of any provision of the Contract shall be deemed to be a waiver of any subsequent breach of that or any other provision of the same.

We shall not be liable for any default of obligations or duties directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, equipment failures (including but not limited to internet system failure), outbreak of pandemic (including but not limited to COVID-19 epidemic etc.) and disease, or any other causes beyond our reasonable control.