Terms & Conditions
The following Terms and Conditions apply to sales made on the Movilshack website only.
These Terms and Conditions are applicable every time you access our website and, or order goods from us
1．Interpretation In these Terms and Conditions, the following words and phrases shall have the following meanings:
'Buyer' means the person, firm or company who purchase the goods from Movilshack l.
'Company' means Movilshack
'Contract' means the contract between the Company and the Buyer which shall incorporate these Terms and Conditions
'Goods' means any goods agreed in the accepted order form to be supplied by the Company to the Buyer
'Place of Delivery' means the place to which the goods are to be delivered The terms 'Company', ' Movilshack '.
2.Conditions Relating to Your Use of Movilshack :
(1) Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur within your account or with your password. You should take all necessary steps to ensure that your password is kept confidential and secure and you should inform us immediately if you have any reasons to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete, and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provide us with in the 'My Account' area of the website or by emailing Customer Service department.
Movilshack reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our sole discretion. If we cancel an order, it will be without charge to you.
(3)Licence for website access
This site and its web content, which includes but is not limited to, text, photographs, icons and all other images, are protected by copyright. Any copying, reproduction or adaptation of such copyright works for commercial purposes is strictly prohibited unless prior written authorization is obtained from Movilshack.
Movilshack grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with expressed written consent from the Company. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
(4) Your conduct
You must not use the website in a way that causes, or is likely to cause, the website, or access to it, to be interrupted, damaged or impaired in any way. You understand that you, and not Movilshack, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
For fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam".
To cause annoyance, inconvenience or needless anxiety.
(5) Copyright, Trademarks and database rights
All contents on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Movilshack or its content suppliers. The compilation of all content on this website is the exclusive property of Movilshack. All software used on this website is the property of Movilshack.
All trademarks not owned by Movilshack that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RD.
You may not systematically extract and/or re-utilise parts of the contents of the website without Movilshack 's expressed written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Movilshack 's expressed written consent.
- Conditions Relating to the Sale of Products to You From Movilshack:
The contract shall be based on these Terms and Conditions to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions are contained in the confirmation of order, purchase order or any other documents of the buyer will form part of the contract. When you place an order to purchase a product from Movilshack, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents the purchase of a product which is accepted by us when we send e-mail confirmation of a dispatched product (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail do not form part of that contract.
Please review our Return Policy, which applies to products purchased from us. Details of this statutory right and an explanation of how to exercise it are provided in the Order Confirmation E-mail and in the Returns Policy.
Most of our orders are automatically fulfilled within 2 business days from the date your payment is approved.
(4) Risk and ownership of the goods
The risk in the goods shall pass to the buyer upon delivery. Ownership of the goods shall not pass to the buyer until Movilshack has received full, cleared funds of the sum due to Movilshack for purchased goods, and all other sums which are or may become due to Movilshack from the Buyer on any account.
Until ownership of the goods has passed to the buyer, the buyer shall:
hold the goods on a fiduciary basis as the Company's bailee;
store the Goods separately from all other goods in such a way that they remain identifiable as the Company's property;
not destroy or deface any identifying marks on the goods or packaging;
keep the goods in satisfactory condition, as noted on the Company's policy, and hold any proceeds that may come from the Company's insurance in trust and not mix them with any other money.
(5) Payment and Refunds
Movilshack accepts payments with Paypal to our NAB account for orders from customers.
Unless stated otherwise, all goods sold by Movilshack on the website carry a 12 Month In House Warranty by Movilshack Hong Kong.
If the buyer wishes to make a claim under this warranty, the buyer shall give written notice to RD or its agents within 30 days of the discovery of the defect and give Movilshack or its agent's reasonable opportunity to inspect the goods in question. Movilshack shall not be liable for any damage if the Buyer makes any further use of the goods after giving notice, or if they alter or repair the goods without permission from Movilshack or its agents. Movilshack 's liability under the warranty shall be limited to repairing or replacing the goods in question or refunding the price of such goods.
Please refer to Movilshack Term of Warranty for more details.
- Conditions Relating to Both Your Use of RD and Sales to You
Movilshack does not sell products to persons under the age of 18, although we do sell children's products for purchase by adults. If you are under 18, you may use Movilshack only with the involvement of a parent or guardian.
(2) Electronic communications
When you visit Movilshack or send E-mails to us, you are communicating with us electronically. We communicate with you by E-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
(3) Losses and Limitation of Liability
The Company's liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the total value of the goods delivered under the terms and Movilshack shall, under no circumstances, be liable to the Buyer for any consequential, indirect or economic loss or damages.
Movilshack will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
(4)Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, prices, and these Conditions of Use & Sale at any time. You will be subject to the policies of Conditions of Use & Sale in force at the time that you use the website or when you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
(5)Events beyond our reasonable control (Force Majeure)
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If either party is subject to an event of Force Majeure, that is circumstances outside of reasonable control (including, but not limited to war, fire, industrial disputes or civil commotion) the other party must be notified and the first party's obligations under these Terms shall be suspended until the other party is notified that such an event has ended.
(6)Governing law and jurisdiction
If any part of these Terms and Conditions is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms and Conditions. They will otherwise remain in full force and effect.