Topworlds Limited ("Topworlds", "the Company" or "we") owns and operates this website ( "our Site" or "the Site"). Our Site and related services are made available to you in accordance with the following terms and conditions (T&Cs). By using our Site you agree to be bound by the T&Cs, please read the T&Cs carefully before placing any order on www.topworlds.com.hk/.
We reserve the right to make changes to the T&Cs from time to time without providing any prior notification. The amended T&Cs are effective from the date they are published on our Site. Your continued access and use of our Site and our services shall represent your unconditional acceptance of the most updated version of the T&Cs. Should you not agree to any change to the T&Cs, you must immediately stop using the Site. Any change made after you have placed an order will not affect that order unless we are required to make the change by law.
Registration
To use some of the services or features made available to you on this Site, you are required to register with us. By registering, you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract. You represent to us that all purchases made by you through our Site will be within the scope of your authority to conclude contracts.
In consideration of your use of our service, you agree to provide true, accurate, current and complete information about yourself when filling out our registration form; and maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration. Please refer to our Privacy Policy or information about how we use your data.
Eligibility to Purchase
In order to make purchases on the Site, you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. In addition, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Topworlds terms of eligibility, who have been issued a valid credit/debit card by a bank or third party payment service acceptable to Topworlds, whose applications are acceptable to Topworlds and who have authorized Topworlds to process a charge or charges on their credit/debit card or the corresponding account in the amount of the total purchase price for the merchandise which they purchase.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where Topworlds feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card/account authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use the personal information provided by you in order to conduct appropriate anti fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Order
All orders are subject to acceptance and availability, and items in your shopping cart are not reserved and may be purchased by other customers.
We will acknowledge your order to confirm that we have received your order by email or any means specified. The confirmation will provide details of what you have ordered, the price charged, information about the progress of your order, and estimated dispatch and delivery information.
Our acceptance of your order will only cover the merchandise mentioned in it and may not cover all the merchandise you ordered. If this is the case, then the order you made for the remaining merchandise will only be accepted when we send a further acceptance of that part of your order.
The availability of the merchandise is as shown online and will be updated regularly. They should not be relied on as definite statements as to whether the merchandise you wish to purchase are actually in stock. For the merchandise which are Made To Order and may take 4-6 weeks to be manufactured and dispatched from Thailand. Topworlds will need to receive your full payment before commencing manufacturing for your order. Made To Order will be processed on a First Come First Serve basis.
We reserve our right not to accept or cancel an order for any reasons at our sole discretion including but not limited to no sufficient stock to deliver the merchandise you have ordered, no delivery can be arranged for your area or one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided.
If we cancel your order, we will notify you by email and will credit to your account any sum deducted by us from your credit/debit card or account as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
Price & Delivery
Prices shown on the Site are in Hong Kong dollars (HKD) based on DDU (Delivery Duty Unpaid) basis in one installment only, product prices displayed are exclusive of all taxes and duties. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Import duty or tax costs will be invoiced to you directly by the appointed courier or an import broker, and payment of these is necessary to release your order from customs on arrival. We will send an e-mail in case we need to contact you to ensure timely dispatch of your order and if the logistic company requires extra fee for the delivery in remote area or non-accessible by truck or where the courier is hard to reach. Topworlds is not liable for any delays caused by destination customs clearance processes, courier error or other logistic issues.
We will use all reasonable commercial endeavors to display accurate and up to date prices on the Site. However, because prices of the type of merchandise for sale are updated from time to time, we cannot state the definite price until we send you our acceptance of your order.
If the price of the merchandise is higher at the time we are ready to send our acceptance of your order to what it was at the time you placed your order then we will either cancel your order or contact you to ask you whether you wish to pay the higher price or cancel your order.
If the order is cancelled by us, if you have already made any payment, we will make a refund on any sum deducted by us from your credit card. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.
Payment can be made by PayMe, Visa, MasterCard, American Express and any other methods which may be clearly advertised on the Site from time to time. For credit card payments, we only accept those made by Visa, MasterCard and American Express. When you place an order, you confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it and you authorize us to debit the credit card you specify on your order for the amount of the order at the time we send our acceptance of your order. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Topworlds, we will not be liable for any delay or non-delivery. Title in the merchandise does not pass to you until payment has been received.
We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
We will deliver the merchandise ordered by you to the address you give us for delivery at the time you make your order on the Site. You agree to present your photo identification upon request when you acknowledge receipt of the merchandise. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons.
Any times and dates given for dispatch of merchandise, or the leadtime that merchandise will take to be delivered, are only estimates. If we are unable to meet any stated dispatch or delivery dates or times, we will inform you as to the progress of your order. You agree and accept that under no circumstances will we accept cancellation of order or refund.
You will be the owner of the merchandise you have ordered when we receive payment in full or they have been delivered to you. Once merchandise has been delivered to your specified delivery address no matter the recipient who signs receipt is not you, they will be held at your own risk and we will not be liable for the loss or damage.
Returns or Exchanges
Unless otherwise specified, no return or exchange of merchandise will be accepted.
Merchandise may be returned or exchanged within fourteen (14) days of receipt if the merchandise you ordered are faulty, defective or damaged (with no fault on your part), or the merchandise are not what you ordered, or the delivery is of an incorrect quantity or colour, provided that the returns or exchanges policy applies, the merchandise are unused and in the condition originally sold together with all parts which are provided with the merchandise including bags and boxes, the packaging of the merchandise must be in the condition in which it was delivered to you and a request for return or exchange is sent to us by e-mail or any available means.
You agree and accept that merchandise is acceptable for exchange subject to stocks availability.
You agree and accept that it will be at our sole discretion whether the merchandise is accepted for return or exchange. Under no circumstances will we accept the return of any merchandise directly to us or be held liable for your damages for whatever reasons.
Intellectual Property Rights
All intellectual property rights in the Content (as described in the Content section below), design, text, graphics and other materials on our Site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorized used without our prior written permission is strictly prohibited. Any reproduction or redistribution of the above listed Content not limited to the foregoing, copying and use to any other server, location or support for publication is prohibited and may result in civil and criminal penalties.
All trade marks, product names and company names or logos used in our Site are our property. No permission is given by us in respect of the use of any such trade marks, product names, company names, logos or titles and such use may constitute an infringement of our rights.
Content
All intellectual property rights in the Content (as described in the Content section below), design, text, graphics and other materials on our Site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Subject to these terms and conditions, you may use the Content for your own personal purposes. Unless you have our written consent or you are expressly authorized by law to do so, you shall not use the Content for any commercial or other non-personal purpose, make any copies of the Content or transfer the Content to any other device or any other person or otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this clause.
We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it.
Any comment expressed on this Site is the personal opinions of the authors only and do not reflect the views of Topworlds. By posting, you agree to be solely responsible for the content of all information you put. You grant to us a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free license to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use your content in connection with the Site, including but not limited to the purpose of promoting and redistributing part or all of the Site in any media formats and through any media channel. Topworlds reserves the right at our sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses and at our request, you will provide us with written copies of any consents, permissions and licenses that you are required to obtain.
Indemnity
You agree to indemnify us and all of our directors and employees, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
Termination
Topworlds reserves the right at our sole discretion to terminate your access to our Site or registration immediately if you are in breach of any of these terms and conditions. Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
Third Party Websites
We may include hyperlinks on this Site to other websites or resources operated by parties other than Topworlds, including advertisers. Links are provided at your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside this Site.
No Waiver
If you breach these T&Cs and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the T&Cs.
General
We reserve the right at any time without notice to revise or update the content of our Site and these T&Cs. Any changes to these T&Cs will be posted on our Site and by continuing to use our Site following any such change, you will signify that you agree to be bound by the revised T&Cs. This right includes the right to change any of the documentation which forms part of these T&Cs.
We have made every effort to make clear whether the quoted prices for merchandise available through our Site include any relevant tax or duty. Where in any case it is not clear, please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the importing country or by operation of law that is in addition to the price.
Our privacy policy covers our use of any information you provide. In using our service, you agree that we may collect, store and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
We reserve the right at our sole discretion to deny your access to our Site or any part of our Site without notice that is in breach of these T&Cs.
We shall not be liable to you for any breach of these T&Cs or any failure or delay to provide our services through our Site resulting from any event or circumstance beyond our reasonable control.
If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these T&Cs.
We may assign these T&Cs or appoint any third party to provide the services to you on our behalf or to perform any of our obligations under these T&Cs.
You shall not assign or otherwise deal with its rights and obligations under these T&Cs whether in whole or in part without our written consent.
These T&Cs set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these T&Cs. Neither party shall be entitled to reply on any agreement, understanding or arrangement that is not expressly set forth in these T&Cs.
These T&Cs together with all our policies and procedures will be governed by and construed in accordance to Hong Kong SAR law and the relevant courts of Hong Kong SAR will have exclusive jurisdiction.
Should there be any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.
