Terms and conditions of use

If you intend to browse in the SpiceStore.HK, please read these Terms and Conditions carefully before using the site. By using the site or any part of it, you agree that you have read these Terms and Conditions and that you accept and agree to be bound by them.

GENERAL

1.1 In these Terms and Conditions the following definitions shall apply: a. "Intellectual Property" shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, trademark, database or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof. b. "Legal Notice and Disclaimer" shall mean the legal notice and disclaimer applicable to the SpiceStore.HK website. c. "Personal Data & Privacy Statement" shall mean SpiceStore.HK's policy regarding personal data collected in connection with this site and SpiceStore.HK's policy regarding the privacy of Customers and visitors to the site.

1.2 These Terms and Conditions include Legal Notice and Disclaimer and Personal Data & Privacy Statement and shall prevail over any other document including any SpiceStore.HK store policy purporting to have a contractual effect.

1.3 The Customer agrees to provide the complete and updated information for registration on this site.

1.4 SpiceStore.HK has the absolute discretion to refuse registration of a potential Customer and to terminate the registration of any Customer for any reason whatsoever.

2. VARIATION OF TERMS AND CONDITIONS

2.1 SpiceStore.HK reserves the right to amend these Terms and Conditions in its sole discretion. Customer is reminded to review the Terms and Conditions.

3. APPLICABLE LAW

3.1 These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and the Customer and SpiceStore.HK agree to submit to the jurisdiction of the Hong Kong courts.

Disclaimer

A. INTELLECTUAL PROPERTY RIGHTS

A.1 This site and any information available on it including, but not limited to, text, graphics, icons, images and trade marks, are protected by copyright, design, trade mark and other intellectual property rights owned or controlled by SpiceStore.HK or by third parties. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this site for any purpose without SpiceStore.HK's prior written permission except that you may download materials displayed on the site for non-commercial, home personal use only as long as you keep all copyright, trade mark and other proprietary notices intact.

A.2 All rights, title and interest in the Intellectual Property in this site shall at all times remain the property of SpiceStore.HK and other third parties. Customers and on-line visitors are not authorized to use the same unless an express written permission of SpiceStore.HK or such other third parties has been obtained.

B. WARRANTIES

B.1 To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products supplied, are expressly excluded.

B.2 No agent or representative of SpiceStore.HK is authorised to make any warranties, representations or statements regarding any information on this site and SpiceStore.HK shall not in any way be bound by any such unauthorised warranties, representations or statements.

C. LIMITATION OF LIABILITY

C.1 By accessing and using this site you acknowledge and accept that the use of the site is at your own risk. SpiceStore.HK shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use the site. Without limiting the foregoing: THIS SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT. SPICESTORE.HK HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. SPICESTORE.HK ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE SITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.

C.2 The liability of SpiceStore.HK whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of SpiceStore.HK's obligations hereunder shall not in any event exceed an amount equivalent to the price of the Products.

C.3 SpiceStore.HK shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall SpiceStore.HK be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons whatsoever.

C.4 The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that SpiceStore.HK assumes no obligation or liability for any advice or information given with the Products and SpiceStore.HK shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer's risk.

D. LINKS

D.1 The site may contain links to other sites and pages which are not maintained or controlled by SpiceStore.HK and for which SpiceStore.HK is not responsible. When you activate any of these links or pages you leave this site and access to such a site or page at your own risk for which SpiceStore.HK disclaims all responsibility and liability.

D.2 SpiceStore.HK disclaims all liability to information or materials posted by advertisers or sponsors on this site.

E. TERRITORY

The materials on this site are directed solely at persons accessing the site from the Special Administrative Region of Hong Kong. SpiceStore.HK makes no representation that any product or service referred to on this site is available, or appropriate for use for any other location.

F. CHANGES

SpiceStore.HK reserves the right but undertakes no duty to review edit or otherwise change this site and any information contained on this site including the SpiceStore.HK Online Shopping Terms and Conditions at its sole discretion and without notice.

Privacy and Security

SpiceStore.HK respects the privacy rights of visitors to this site. SpiceStore.HK's personal data & privacy policy is formulated in accordance with the Personal Data (Privacy) Ordinance (Cap. 486). PURPOSE OF COLLECTION OF PERSONAL DATA A. PERSONAL DATA AND PRIVACY ORDINANCE

A.1 The Customer authorizes SpiceStore.HK to collect, retain and use personal information about the Customer for the following purposes: a. sending the Customer any advertising and/or promotional material; b. conducting research on new services for Customers; c. customizing pages for Customers and putting together Customer shopping lists; d. notifying Customers of special offers or new Products, updates to this site, promotions; e. performing statistical and analysis of Customers' behavior and characteristics in order to measure interest in and use of the various areas of the site and providing this information to advertisers together with information as to the number of users that have been exposed to or clicked on their banners; f. making such disclosures as may in SpiceStore.HK's opinion be required for any of the above purposes.

A.2 The Customer further authorizes SpiceStore.HK to collect personal information about the Customer from the Customer or any other source available to SpiceStore.HK including but not limited to credit referral agencies, the Customer's bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer will have been associated.

A.3 The Customer is aware that in the event that sufficient personal information is not supplied, or is not satisfactory to SpiceStore.HK then his/her application for registration to SpiceStore.HK may not be accepted.

A.4 The Customer is aware that any personal information supplied by the Customer will be retained by SpiceStore.HK and will be accessible to SpiceStore.HK's employees and other persons or bodies corporate engaged by SpiceStore.HK for or in relation to any of the purposes stated in A.1 herein, or to third parties as stated in the Personal Data & Privacy Statement and the Customer authorizes SpiceStore.HK to disclose all or any part of any personal information provided by the Customer to such third parties.

A.5 The Customer acknowledges that SpiceStore.HK shall retain all personal information supplied by the Customer and may continue to contact the Customer with marketing information even after the Customer's registration is cancelled or withdrawn.

B. CONFIDENTIALITY

B.1 Personal data held by SpiceStore.HK relating to its online customers or to visitors to the site will be kept confidential but SpiceStore.HK may provide this information to third parties including but not limited to SpiceStore.HK advertisers, associated companies or contractors/agents or other network operators who perform certain tasks for SpiceStore.HK in connection with the provision of SpiceStore.HK's services to its online customers and to visitors to this site.

B.2 Any questions, comments, suggestions or information other than personal data sent or posted to the site, or any part of the site by visitors will be deemed voluntarily provided to SpiceStore.HK on a non-confidential and non-proprietary basis. SpiceStore.HK reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely, including passing it to any associated company for example, in connection with the development, manufacture and marketing of products and services and to meet customer needs.

C. SAFETY OF PERSONAL DATA

All reasonable efforts are made to ensure that any personal data held by SpiceStore.HK on this site is stored in a secure and safe place. SpiceStore.HK may use 'cookies' on this site in order to : * enable tighter security * enable online customers to keep browsing and adding products to their shopping basket * personalise sites for customers * build online customer or visitor profiles Customer who wants to disallow cookies can do so on his or her Web browser.

D. LINKS

This site may contain links to other sites and pages. By activating a link, such as for example by clicking on the banner of an advertiser, you leave this site and SpiceStore.HK does not exercise control over any personal data or any other information you give to any other entity after you have left this site.

E. RIGHT OF ACCESS TO PERSONAL DATA

E.1 The Customer is aware of his rights under the Personal Data (Privacy) Ordinance to have access to personal information held by SpiceStore.HK and to request correction of the information and to be informed of action taken in response to any such request and/or request that there be attached to the information a statement which the Customer can supply to SpiceStore.HK relating to the fact that the Customer has requested a correction. The Customer agrees to pay to SpiceStore.HK the reasonable charges requested by SpiceStore.HK in relation to the time and attendances involved in complying with the Customer's request in this regard.

E.2 If you have any questions regarding SpiceStore.HK's personal data & privacy policy or if you wish to request access to your personal data or if you wish to correct it you may email the Personal Data Officer feedback@spicestore.hk

SpiceStore.HK reserves the right to charge you a reasonable fee for the processing of any data access request.

 Orders are generally dispatched within 2 days after receipt of order and payment to select areas. For our delivery schedule, please visit the relevant delivery information page.

©2012 SpiceStore.HK All rights reserved.

Shipments and returns

F.1 SpiceStore.HK shall use reasonable endeavours to deliver Products of acceptable quality to the delivery address specified on the registration form or last on record within the time slots selected by the Customer but SpiceStore.HK shall not be liable for any delays or non delivery for causes beyond its control.

F.2 SpiceStore.HK will only effect delivery to Hong Kong Island, Kowloon and the New Territories of the Special Administrative Region of Hong Kong. The delivery hours shall be between the hours of 10:00am to 10:00pm Monday to Saturday.

F.3 No delivery services shall be available on the 1st and 2nd day of Chinese New Year, and when typhoon signal No 8 or the black rainstorm signal is hoisted.

F.4 No delivery shall be available to premises situated in buildings which have no legal unloading areas within 50 meters of the building. Delivery service does not include areas that cannot be reached directly by our vehicles or buildings without a functioning lift to the 3/F or above. In such a scenario where no lift is available, SpiceStore.HK or its staff will require the customer to pick up the goods at a location chosen by SpiceStore.HK or its staff.

F.5 It is the responsibility of the Customer to notify SpiceStore.HK immediately of any change to its delivery address.

F.6 All deliveries, save where the Customer has specifically instructed SpiceStore.HK to leave his delivery outside the door provided payment has already been effected (where such delivery shall be at customer's risk), shall be signed off by the Customer and the deliveryman of SpiceStore.HK by entering their names and the time of delivery on the delivery form. The Customer shall ensure that a person aged 16 or above who is authorised to receive and pay for the order is present at the specified time of delivery at the Customer's address to receive and pay for the order. If no such person is present, the delivery shall be withdrawn and attempted at another time agreed and the customer may be charged for such an arrangement. SpiceStore.HK reserves the right to charge the Customer an extra delivery fee.

F.7 If the delivery includes alcoholic drinks, tobacco products or any other items which are prohibited to be sold to a minor, a person aged 18 or above with (identification required) must be present to take delivery of the alcoholic drinks, tobacco products or such other items. If no person aged or above is present, delivery shall be withdrawn and attempted at another time agreed. SpiceStore.HK reserves the right to charge the Customer an extra delivery fee.

F.8 SpiceStore.HK reserves the right to decline delivery of the Products to any Customer at its sole discretion absolutely.

F.9 Free delivery will be provided for each order value over HK$ 300.However, customer should pay HK$170 (Discovery Bay), HK$40 (Tung Chung) or HK$40 (Ma Wan) tunnel fee if the delivery address is at Discovery Bay, Tung Chung, or Ma Wan.

Return of products / refunds

G.1 Pictures of Products on this site may not correspond exactly to Product description. In such case the written description of the Product is relied upon. The Customer shall not be entitled to return a Product on the basis that it does not correspond exactly to its on-line picture.

G.2 SpiceStore.HK shall use reasonable efforts to ensure that orders are correctly fulfilled and shall deal with any discrepancies in the following manner, provided they are reported within three days of delivery via e-mail at customerservice@spicestore.hk hotline (phone) 29442336 or (fax) 29441227: If any Product proves to have been delivered in a damaged condition, past its sell by date, omitted in the delivery, or if the wrong Product is delivered, SpiceStore.HK shall either refund to the Customer the Price of that Product, or replace the Product. Customers must notify customerservice@spicestore.hk within 24 hours of receipt of the delivery. If any Product which was not included in the Customer's order is delivered to the Customer by mistake, SpiceStore.HK reserves the right to collect the wrong Product delivered. If the Customer has been charged for a Product which has not been delivered, SpiceStore.HK shall refund to the Customer the Price of that Product as originally charged to the Customer. If a Customer is charged more than the Price of a Product, SpiceStore.HK shall refund to the Customer the difference. SpiceStore.HK will not refund or exchange goods or rectify discrepancies 7 days after delivery.

G.3 SpiceStore.HK’s liability to any Product delivered is limited to refund or replacement specified above. All other remedies are excluded.

G.4 Refunds shall be credited, at SpiceStore.HK’s option, to the Customer's credit card account as supplied in the registration form , cheque, or in the form of cash.