PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
EUREKA APPAREL LTD (the “Company”) is the owner of the EUREKA BAMBOO SOCKS brand (“Eureka socks”) and is the owner and operator of this website, www.eurekasocks.com (the "Website"). The terms “you”, “your” and “yours” refer to the user or registered user using this Website. The terms “The Company”, “Eureka Socks”, “we”, “us” and “our” refer to EUREKA APPAREL LTD and its related or affiliated companies.
YOUR USE OF OUR WEBSITE
These Terms and Conditions are setting the Terms and Conditions to any use of the Website and they are set in order to create a legally binding agreement between you and us. By placing your order on our Website, you agree to the following (1) by placing your order, you confirm that you read our Terms and Conditions and accept them, (2) you only use the Website to make legitimate enquiries or orders, (3) you will not make any false or fraudulent orders. We reserve the right to cancel the order and inform the authorities In case of a reasonable suspicion of such false or fraudulent order has been made, (4) you are committed to providing correct and complete e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary, (5) in the case you do not provide us with the full information required, we may not be able to complete your order. By placing an order through the Website, you confirm that you have reached the legal age under the laws of the Hong Kong Special Administrative Region or your residence jurisdiction and that you are legally capable of entering into binding contracts and are fully responsible for the authenticity of all information contained in your order.
When you place an order, you will receive an e-mail confirming receipt of your order; this email will only be an acknowledgement and will not constitute acceptance of your order (“Acknowledgment of Order”). A contract between us will not be formed until we send you confirmation by e-mail that the goods, which you ordered, have been dispatched to you. Only those goods listed in the confirmation e-mail “Confirmation of Order and shipment” sent at the time of dispatch will be included in the contract formed.
Stock levels are subject to availability and we do our best to fulfill your entire order and send you all the products you ordered. If a product ordered cannot be fulfilled by us upon packing due to items becoming out of stock, we will inform you of this unfortunate situation as soon as possible. We will refund you for the out-of-stock item (s) and send the rest of the products in your order. We will not hold any orders and will not cancel orders at this point of the process. Orders will be packed and shipped as usual under our normal processes and procedures.
REFUSAL OF ORDER
We reserve the right to withdraw any item from our Website at any time and/or remove or edit any materials or content on the website. We will always do our best efforts to process all orders. However, there may be circumstances in which we may need to refuse your order even after we sent you the Acknowledgement of Order email and we reserve the right to do so at any time, at our sole discretion. We will not be liable to you or any other third party due to withdrawing any product from the Website, whether it has been sold or not, removing or editing any materials or content on this Website or for refusing to process or accept an order after we have sent you the Acknowledgement of Order.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or any third party. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, we will refund any amounts already charged.
Subject to product availability (as discussed above), and unless there are any exceptional circumstances, we will endeavour to fulfill your order for item (s) listed in the Shipment Confirmation within 14 working days of the date of the Shipment Confirmation. For the purpose of these Terms and Conditions, the "delivery" shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products. It is your responsibility to provide us with the full and correct shipping address. We will do our best to contact you, should we have any difficulties finding your address or if your address is incorrect. However, we may charge additional fees of up to HK$150 in the event that we incur additional expenses due to a wrong address provided by you.
EXCHANGES AND REFUNDS
Within 7 days following the delivery of your order, you may request the exchange of items, which you must be returned to us in perfect condition together with the original invoice. Exchanges will only be accepted if labels and original packaging are fully intact. We cannot accept exchanges where labels have been removed. Products purchased on sale (discounted price) are not eligible for exchange. You are responsible for the shipping of exchanged items back to us. Items lost in transportation will not be compensated for. Shipping charges on exchanged items are at the customer's expense. All exchanges are subject to availability.
In the case of damaged or defective items (“Defective Product”), after review and conclusion, will be exchanged to the same type of product in the same size, subject to availability.
OWNERSHIP OF PRODUCTS
Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges. Once received the products and paid for them fully, you will have full ownership of the products and you assume all risk related to the products or the user of the products.
PRICING AND PAYMENT
The price of the products shall be the one quoted from time to time on our Website, except where there is an apparent error. Whilst we take care to ensure that all prices quoted on our Website are accurate, errors may occur. If we discover an error in the price of any product (s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product (s) you will receive a full refund. We are under no obligation to sell the product (s) to you at the incorrect (lower) price, even after we have sent you a Confirmation of Order and shipment notice, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. The prices displayed on our website exclude delivery costs, which will be added to the total amount due. The prices mentioned on this Website do not include VAT. In some cases the VAT (for countries other than Hong Kong) will be added during the check out process and be added to the total product and shipment prices. In some cases we will not collect any duties and/or taxes on orders. If you do incur any such additional charges they must be rendered in order for your package to clear customs. Prices may change at any time but (except as provided above) any potential change will not affect any order regarding which a Shipment Confirmation has been sent. Once you concluded your shopping, all chosen items by you will be located in your basket. To complete your order, you will then go to the checkout process and make payment. If we do not receive your payment, we will not be liable for any delay or non-delivery and we will not be able to form any Contract with You. ///
LIABILITY AND DISCLAIMERS
Our liability in connection with any Product purchased through our Website is strictly limited to the purchase price of that Product except for any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability. Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise expressly stated by law, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort, breach of contract or otherwise, including (without limit) for any: loss of income or revenue; loss of business; loss of profits or contracts; loss of data; and waste of management or office time. Due to the open nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of customers, we disclaim all other warranties of any kind. Nothing in this Clause will affect your statutory rights as a customer, or your statutory rights of Contract cancellation. Subject to the foregoing, all product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising.
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times belong to us. You are permitted to use this material only for the purpose of viewing and ordering our products or as expressly authorized by us in writing. You are permitted to using this Website to the extent necessary to make a copy of any order or Contract details.
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are the intellectual property owned by us. The Contents, and the Website as a whole, are intended solely for personal, non-commercial use by the users of the Website. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Website, or any related software.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mostly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For the purpose of our contract, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us should be given to us preferably via our online form on our Website or by emailing us at firstname.lastname@example.org. Subject to and as otherwise specified in the written communication clause above, we may give notice to you at either the e-mail or postal address you provide to us when placing you order. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written approval. We may transfer, assign, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a customer cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible in part or in whole for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”) in light of the impact of such Force Majeure Event. A Force Majeure Event refers to the objective circumstances that are unforeseeable, unavoidable and insurmountable.
Although we take reasonable steps to prevent the introduction of viruses, worms, "Trojan Horses" or other destructive materials to our website. We and our affiliates, agents, licensors or other third party providers do not guarantee or warrant that the Website or content displayed on the Website (whether downloadable or not) from the Website do not contain such destructive features. We and our affiliates, agents, licensors or other third party providers are not liable for any direct, indirect or consequential loss or damage attributable to such destructive features. For the avoidance of doubt, any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material from the website. We may also have links from our Website to other third party websites. Such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated toy you in writing in accordance with the provisions of the paragraph on Notices above.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and Conditions represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into this Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms and Conditions. Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently). The only remedy of either party shall be for breach of contract as provided in these Terms and Conditions after the Contract between you and us is duly formed.
LAW AND JURISDICTION
Contracts for the purchase of products through our site will be governed by the laws of Hong Kong. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the competent Hong Kong court.