TERMS AND CONDITIONS
1.1 Throughout this document, the words “get the pong” “us”, “we”, “our” refer to us, get the Pong as is appropriate in the context of the use of the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
1.2 Access to and use of this site and the products and services available through this site (collectively, the "services") are subject to the following terms, conditions and notices (the "terms of service" or “TOS”). By using the services, you are agreeing to all of the terms of service, as may be updated by us from time to time.
1.3 These are the terms and conditions on which we supply homeware (“Products”) to you through our physical store, website, software and applications provided by us (collectively, our “Platform”).
1.4 By using our Platform, you agree to these terms. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
2 Terms of Sales
2.1 You may place orders with us as instructed on our Platform. Our acceptance of your order will take place when your payment has been approved by us and we have debited your credit or debit card or Paypal account., at which point a contract will come into existence between you and us. The acknowledgement e-mail confirming receipt of your order does not constitute an acceptance of your order.
2.2 If we are unable to accept your order, this might be because:
the Product ordered is out of stock;
there are unexpected limits on our resources which we could not reasonably plan for;
we have identified an error in the price or description of the Product; or
we are unable to meet a delivery deadline you have specified.
we will let you know by telephone or by writing and ask you to confirm whether you wish to go ahead with changes to your order. Changes may include:
the timing of supply;
alternative products in lieu of the Products you have ordered;
store credits in lieu of the supply of the Products you have ordered.
If the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8).
2.3 We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
3 Our products
3.1 The images of the Products on our Platform are for illustrative purposes only.
3.2 Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Products that you purchase may vary slightly from those images.
3.3 The packaging of the Products may vary from that shown in images on our Platform.
4 Your rights to make changes
4.1 If you wish to make a change to the Product you have ordered, please contact us by email. We have full discretion whether or not to accept the changes. We will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Your rights to end the contract).
5 Changes to our product or these terms
5.1 We may make minor changes to the Product from time to time in order to:
reflect changes in relevant laws and regulatory requirements; and
implement minor technical adjustments and improvements, for example to address a security threat.
These changes will not affect your use of the product.
If we make significant changes to these terms or the Product, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
6 Suspension of Supply
6.1 We may have to suspend the supply of a Product to:
deal with technical problems or make minor technical changes;
update the Product to reflect changes in relevant laws and regulatory requirements; or
make changes to the Product as requested by you or notified by us to you.
6.2 We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than three (3) month and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
6.3 If you do not pay us for the Products when you are supposed to (see Clause 12.4) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see Clause 12.5). We will not charge you for the Products during the period for which they are suspended.
7 Delivery and Shipping
7.1 If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.
7.2 If you have asked to collect the Products from our premises, you can collect them at the address a time we specify on our platform.
7.3 If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
7.4 The Product will be your responsibility from the time we ship your Product or you (or a carrier organised by you) collect it from us. Once we ship your product to you , we are no longer responsible for its condition or delivery to your chosen address. Any claims for damages on the item should be filed by you against the shipper.
7.5 You own a Product once we have received payment in full.
7.6 We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on our Platform. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8 Refund, Returns and exchanges
Subject to , custom-made items, displayed items, discounted items, promotional items, or items damaged through normal wear and tear cannot be returned, exchanged or refunded at any time.
Claims must be made within 7 days from the date of delivery by email with the following information:
Specific reasons for refund, return or exchange with supporting evidence
Notice made after 7 days from the date of delivery are at our discretion
All claims will be handled within 28 days upon acknowledgement of your request.
8.2 Return Returns outside 7 days of receiving the goods or if applicable, the agreed time frame, may be accepted at our sole discretion.
Customers are responsible for all the fees involved for returning items.
We will pay the costs of return (or our collection) of the Products only if
the Products are faulty ; or
the Products are incorrectly shipped due to an error of our part.
Return packages remain the responsibility of the customer until it is received by us.
Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or refund refused.
Upon dispute, getthepong.com reserves the right to make the final decision on all return cases.
8.3 Exchange or Replacement
We will exchange or replace the Products only if:
the Products are faulty due to no fault on your part; or
the Products are incorrectly shipped due to an error of our part.
8.4 Refund Condition
We will only refund you for a reason set out below:
we have told you about an upcoming change to the Product or these terms which you do not agree to (see Clause 6.2);
we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
If what you have bought is faulty or misdescribed or damaged beyond repair or cannot be replaced within a reasonable time frame.
We do not refund for a change of mind or order made due to your mistake.
Under normal circumstances we do not allow the cancellation of an order after the order has been submitted. Please contact email@example.com immediately if there is a specific reason for cancellation.
9 Our rights to end the contract
9.1 We may end the contract for a Product at any time by writing to you if:
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, Requirements of custom made products
you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or
you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due.
9.2 If we end the contract in the situations set out above, we may refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may write to you to let you know that we are going to stop providing the Product. We will let you know at least seven (7) days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
10 Product defects
10.1 We warrant that on delivery, the Products will:
be of merchantable or satisfactory quality;
be fit for purpose held out by us;
be free from material defects in design, material and workmanship; and
conform with their description given on our Platform in all material aspects.
10.2 Any warranty given by us under this clause does not apply to any defect in the Products arising from:
fair wear and tear;
wilful damage, abnormal storage or working conditions, accident, or negligence by you or by any third party;
your failure to operate or use the Products in accordance with any instructions (including instructions relating to storage, installation, use and maintenance) given by us;
any alteration or repair by you or by a third party; or
us following any of your specification or requests.
11 Price and Payment
11.1 Prices are subject to change without notice.
11.2 You must pay for the Products before we despatch them.
11.3 Product prices do not include freight or delivery as these charges will vary significantly depending on the items purchased and the delivery location.
11.4 There may be duties and taxes added to your package by the destination country. You will responsible for any additional charges upon delivery and are not included in your total order when you checkout.
11.5 We accept payment by bank transfer, online payment methods and major credit and debit cards.
12 Our responsibility for loss or damage suffered by you
12.1 Subject to Clause 12.2,all other warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the Products, whether express or implied by statute or common law or otherwise, are expressly excluded;
we shall not be liable to you (whether in contract, tort or otherwise) for any loss of profit or any indirect or consequential loss arising from or in connection with the provision of the Products; and
our total liability to you for all losses arising from or in connection with the provision of the Products shall be limited to the total sums received by us for the Products.
12.2 Nothing in these terms will limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (where applicable);
fraud or fraudulent misrepresentation; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13 Use of your personal information
13.1 We will use the personal information you provide to us:
to supply the Products to you;
to process your payment for the Products; and
if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
for our own analysis aimed at improving our products and services. We use personally identifiable information to fulfil your requests or orders for specific services or products
to perform other functions including, demographic analysis of site usage (who is visiting our websites and what they are interested in), customising advertising and content seen by our users, and improving our marketing and promotional efforts.
13.2 We will not intentionally disclose any personally identifiable information and we do not sell, trade or rent such information to third parties (such as advertisers or telemarketers).
13.3 Any information you provide to us is stored and held under generally accepted standards of technology and operational security in order to protect your personally identifiable information from loss, misuse, alteration, or destruction. Only authorised personnel are provided access to personally identifiable information and these personnel are required to treat this information as confidential. Despite these precautions, we cannot guarantee absolutely that any and all unauthorised access to your personally identifiable information will be prevented.
13.4 Any personally identifiable information you provide will only be provided to third parties
where the law either requires or allows us to do so.
13.5 We will only give your personal information to third parties if
You consent to such a disclosure
We are compelled or authorised to do so by law
We reasonably believe there is a threat to someone's life or health
Our website or business is sold to, or merged with another entity
13.6 At times, personally identifiable information collected from our websites may be transferred between our offices or data storage facilities located in Hong Kong, Australia or internationally. Our websites may be viewed and hosted anywhere in the world, including countries that may not have specific laws regulating the collection, use and transfer of personally identifiable data. By using our websites and submitting such information on it, you voluntarily consent to such transborder transfers and hosting of such information.
14 Your access to the information we hold
14.1 If you would like to access, correct, update or de-activate any personally identifiable information you have submitted, please send a request to firstname.lastname@example.org with ‘Privacy’ as the subject line. We will modify or de-activate any information that could be used to identify you as soon as practicable after your request, unless we are required or authorised by law not to do so. Once de-activated your data will not be accessible, however, due to system backups to various types of data storage media, your data may in some circumstances remain on these types of data storage media.
15 Entire agreement
15.1 These terms constitute the entire agreement between us in relation to your purchase. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, in relation to your purchase.
15.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
16 Other important terms
16.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for Products not provided.
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 This contract is between you and us. Nobody else has any rights under this contract. No other person shall have any rights to enforce any of its term.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
17.1 All content on the website including but not limited to text, graphics, logos, icons, and advertisements, including the selection and arrangement thereof is owned or licensed by Get the Pong, its suppliers or licensors unless expressly indicated otherwise.
17.2 The content is protected by international copyright and trade mark laws. Once content is published, you must not use, copy, modify, reproduce, publish, redistribute, upload to a third party or transmit the content without the prior written approval of Get the Pong or the appropriate supplier or licensor of Get the Pong, except in accordance with the below.
17.3 Strictly on the condition that you keep all content intact and in the same form as presented on this website (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may using an industry standard web browser, download and view the content for your personal, non-commercial use, or if you are an internet service and/or access provider, supply the content to your subscriber.
18.1 All other trade marks displayed on the website are registered and unregistered trade marks of Get the Pong and others. Nothing contained on the website should be construed as granting any license or right of use of any trade mark displayed on the website without the express written permission of Get the Pong or third-party owner. Some of the logos appearing on the website may be available to you to place on your own website as a hyperlink to a Get the Pong website. However, such use requires the express written authorisation of Get the Pong or the relevant third party, and any use must be in accordance with the trade mark usage guidelines of the relevant trade mark owner.
19 Advertising & links to third party websites
19.1 The website may contain hyperlinks and other pointers to internet websites operated by third parties. These linked websites are not under the control of Get the Pong, and Get the Pong is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Get the Pong provides these hyperlinks to you as a convenience only, and the inclusion of such links does not imply any endorsement of the linked website by Get the Pong or its affiliates. By following a link to any such website you do so entirely at your own risk.
19.2 The website may also contain third party advertisements (including, but not limited to, pop-up/pop-under ads, banner ads, button ads, tower ads and text) which may contain embedded hyperlinks to websites operated by third parties. All third party advertising (including embedded hyperlinks) is paid for by the relevant third party and are not recommendations or endorsements by Get the Pong or its affiliates unless expressly indicated otherwise.
19.3 In some instances, advertisements may contain representations or offers by third party advertisers, which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Get the Pong. Your correspondence or business dealings with, or participation in promotions of, advertisers found on the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Get the Pong shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such dealings with, or as the result of the presence of, any advertisers on the website.
21 Links to other websites
21.1 Our websites may provide links to other third party websites outside our network and immediate control. We do not accept any responsibility for their activities, and we advise you to examine the terms and conditions of using their websites before disclosing any information to them.
22 SSL Agreement
22.1 PayDollar is a leading, secure and reliable international payment service provider to banks and online merchants since 2000. Customers' payment details are securely transmitted to the acquiring bank, card and payment companies for real-time transaction authorisation using 256-bit Extended Validation Certificates (EV) SSL transaction encryption. PayDollar supports CVV/CVC check as well as 3-D secure authentication of Visa and MasterCard namely: Verified By VISA, MasterCard SecureCode for added security protection for both customers and merchant.
23.1 In case of discrepancies between the English and Chinese language versions of these terms, the English version shall prevail.
24 Governing law and jurisdiction
24.1 These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region
24.2 The courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms