Terms and Conditions
Terms and Conditions for General Customers
Effective Date: [2019-05-24]
Welcome to 7mall. We have the pleasure to provide the services describedbelow in accordance with these Terms and Conditions for General Customers (the “Terms”):
1.1. TheseTerms are applicable to your use of our 7mall application (the“Application”).
1.2. In theseTerms, “you”, “your”, “User” shall mean users of the Application, and “we”,“our”,“7mall” or “APE” shall mean APE Accessories of Pet Express (HK) Limited.
2. SCOPE OF OUR SERVICES
2.1. Throughthe Application, 7mall provides an online platform through which you can browseand purchase different products from different suppliers, and make reservationswith different service providers including but not limited to veterinary andpet grooming services. (Such supplier(s) and services provider(s) arecollectively known as the “Providers”). By purchasing or making areservation through the Application, you make an offer to purchase or reserve at the price for suchproduct or reservation and such other terms and conditions stated on theApplication, which shall become a binding contract betweenyou and the relevant Provider(s) when your offer to purchase or reserve is acceptedby the relevant Provider(s). Theacceptance by the relevant Provider(s) of your purchase or reservation will be notified to you via the Application (the “Confirmation Notification”). We and/or the Providers reserve the ultimate right to reject any purchase order or reservation.For the avoidance of doubt, 7mall is not the seller or service provider for theordered product(s) and/or reserved services.
2.2. Whenrendering our services, the information that we disclose about the products and/orthe services is based on the information provided to us by our Providers(including but not limited to the Providers, their representatives, officers,directors employees, managers, or partners, etc.). Although we will usecommercially reasonable skill and care in performing our services we will notverify if, and cannot guarantee that, all information displayed on theApplication in relation to the products and/or services is accurate, complete, correct or up to date, nor can we beheld responsible for any errors (including manifest and typographical errors),interruptions (whether due to any (temporary and/or partial) breakdown, repair,upgrade or maintenance of the Application or otherwise), inaccurate, incomplete, misleading or untrueinformation or non-delivery of information. Changes in inventory orcircumstances may occur on short notice which may make information displayed onthe Application inaccurate or outdated. In case of problems, our customerservice will try its bestto assist you and serve as a point of contact with the relevantProvider(s).
2.3. The Application does not constitute and should not beregarded as a recommendation or endorsement of any Providers and/or their products or services listed on the Application. We hereby expressly disclaim anyrepresentation, warranty or undertaking in relation to any Provider or anyproducts or services to be provided by the Providers listed on the Application.
2.4. We reserve the right not to processany of your orders; and the Providers reserve the right not to accept any ofyour purchases or reservations (or in exceptional cases to cancel confirmed purchases or reservations) at their absolute discretion and for whatever reason without theneed to justify such refusal. In case a purchase or reservation is rejected or cancelled by 7malland/or the Provider after you have made any payment to 7mall, you will receive a refund.We also reserve the right to bar (“blacklist”)users from accessing, using or browsing the Application, on a permanent or temporary basis, at ourdiscretion. Any such blacklisted user must not attempt to access, use orbrowse the Application under any other nameor through any other user.
3. USE OF THE APPLICATION
3.1. You may only use the Application to make bona fide andlegitimate reservationsor purchases andyou hereby undertake not to make any speculative, false or fraudulent reservations or purchases. You undertakethat the payment details you provide us with in making a purchase or reservation are fully correct. You alsoundertake to provide correct and accurate e-mail, postal and/or other contactdetails to 7mall and acknowledge that 7mall may use these details to contact you inthe event that this should prove necessary.
4. PRICE AND PAYMENT
4.1. All prices andcharges shown on this Application are in Hong Kongdollars. The total cost of your order for any product(s) is the price ofthe product(s) you order plusthe applicable delivery charge. No delivery charge willbe charged for your reservation(s) for services. All costs and discounts willbe set out clearly before you submit your order.
4.2. Prices, offers,products and reservations are subject to availabilityand may change before your order is accepted. If any ordered product or reservation becomes unavailable we mayoffer you an alternative. If we discover an error in the price or descriptionof any ordered product or reservation, we will inform you and ask you whether youwish to continue with your order or cancel it. We accept payment by credit cards, Alipay, Octopus cards and PPS (the “Payment Methods”). If you make an order forproduct(s) or make a reservation for service(s), your order will be processedafter we receive payment from you.
4.3. You undertake that the details you provide us with in making apurchase or reservation are fully correct. 7mall reserves the right not to accept certain Payment Methods. 7mall may add or removeother payment methods at its discretion.
5.1. Deliveries are only made to addresses in Hong Kong (the “Delivery Address”). Normally,deliveries will take between thefirst (1st and second (2nd) working days after the date when the order for product(s)is accepted. However, deliverytimes may be affected by factors beyond our control and therefore they cannotbe guaranteed.
5.2. Wewill inform you of the estimated delivery date and current order status when your order forproduct(s) is accepted. Itis your responsibility to ensure you or your authorized representative is atthe Delivery Address orable to collect the delivered product(s).If you or your authorizedrepresentative is not at the DeliveryAddress, we reserve the right to apply furtherdelivery charges should you require us to re-deliver the ordered product(s). Please make sure you keep the receiptenclosed with your delivered product(s).
5.3. Onceyou have added products to your shopping basket, the appropriate deliverycharge will be added automatically and shown on the subsequent invoice page.You will be able to see this charge before submitting your order.
5.4. Onceyou receive the ordered product(s), you shall notify us accordingly via theApplication. It is your responsibility to inspect and check the product(s) uponreceipt. If you do not receive all your ordered product(s) or in the event thatany delivered product arrives damaged or faulty, please inform us as soon aspossible. All relevant claims or complaints in connection with the delivery ofthe ordered product(s) should be submitted to us immediately, and in any event,no later than seven (7) days after the date of delivery. Our customer service will tryits best to assist you and serve as a pointof contact with the relevant Provider(s). Claims submitted with undue delay may be consideredvoid. Only bona fide claims will be considered. 7mall and/or the Provider(s) mayin its absolute discretion decide whether or not to replace or refund any orall of your ordered and/or delivered product(s).
6. GENERALLIMITATION OF LIABILITY
6.1. Tothe extent permitted by law, in no event shall 7mall, including its respectiveofficers, directors, employees, representatives, subsidiaries, affiliates,distributors, suppliers, licensors, agents or others involved in creating,sponsoring, promoting, or otherwise making available the Application and itscontents (collectively the "Covered Parties"),be liable to you or any person or entity whatsoever for anydirect, indirect, incidental, special, exemplary, compensatory, consequential,or punitive damages or any damages or losses whatsoever, including but notlimited to (where relevant, caused by): (i) your lossof production, loss of profit, loss of revenue, loss of contract, loss of ordamage to goodwill or reputation, inconvenience, stress, distress, loss ofclaim, business interruption, data or other intangible losses arising from the provision to you of, or failure to provide you with, any product or services, including services rendered or productsoffered by the Providers, or cancellations; or (ii) any personal injury, death,property damage, or other damages attributable to the use of product(s) orservice(s); or (iii) any damages caused by a force majeure event; or (iv) yourimproper use or non-domestic use of any product(s) and/or any information inthe Application, or use for any purpose which is inconsistent with clause 6.2herein below. The limitations of liability shall apply regardless of the formof action, whether based on contract, tort, negligence, strict liability orotherwise, even if a Covered Partyhas been advised of the possibility of damages. A force majeure event is anyevent beyond the Covered Parties’ control and can include, but is not limitedto, natural disasters, weather conditions, fire, nuclear incident,electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency,rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes,shortages, government actions or restraints, pilferage, bankruptcy, machinerybreakdown, network or system interruptions or breakdown, internet orcommunications breakdown, quarantine, epidemic, pandemic etc. No responsibilityis accepted for any additional expense, omissions, delays, re-routing or actsof any governmental authority. No Covered Party shall be responsible for anyProvider’s breach of any condition or warranty including, but not limited to,implied conditions or warranties of fitness for a particular purpose or ofmerchantability, nor shall any Covered Party be responsible for any otherwrongdoing of a Provider (including any liability in tort), as to any productsand/or services available through the Application.
6.2. Accordingly,as a condition of accessing, using or browsing the Application, you agree notto use the Application or its contents or information for any commercial ornon-domestic purpose (direct or indirect) or for any purpose that is illegal,unlawful or prohibited by these Terms. Except with our prior writtenauthorization, you agree not to modify, copy, distribute, transmit, display,perform, reproduce, publish, license, create derivative works from, transfer,or sell or re-sell any information, software, products, or services obtainedfrom the Application.
6.3. 7mall’sliability is excluded or limited to the maximum extent permitted by law.Without prejudice to the limitations set out in these Terms, 7mall’s liabilityshall in any event not exceed the aggregate cost of your purchase as set out inthe Confirmation Notification (whether for one event or series of connectedevents). Claims should be submitted as soon as possible after occurrence of theevent giving rise to the claim. Subject to clause 5.4above, claims submitted later than two (2) months after your discovery of the issues giving riseto such claim may be considered void. Onlybona fide claims will be considered.
7.1. We reserve the right toterminate your right to access, use or browse the Application if you violate any of these Terms or any other terms or policiesreferenced herein.
7.2. These Terms are governed by,and construed in accordance with, the laws of Hong Kong and any disputes arising from these Terms shall be submitted to the non-exclusive jurisdiction of the courts in Hong Kong.
7.3. Headings are for convenienceonly and shall not be used to construe the Terms. If any term herein is foundinvalid or unenforceable by any court of competent jurisdiction, such term will be severed fromthese Terms and will not affect the validity and enforceability of any remainingprovisions of these Terms.
7.4. TheseTerms are binding upon and shall inure to the benefit of you, 7mall and their respectivesuccessors, heirs, executors, administrators, personal representatives, andpermitted assigns. You may not assign any of these Terms without 7mall’s prior writtenconsent. No third party shall have any rights hereunder.
7.5. You consent to receive allcommunications including notices, agreements, disclosures, or other informationfrom 7mall electronically. 7mall may communicatewith you by e-mail or by message notification via the Application from time to time.
7.6. TheseTerms maybe amended by 7mall from time to time by writtenamendment signed by an authorized representative of 7mall.
7.8. If any part of these Terms isdeclared unenforceable or invalid, such part shall be severed from these Terms and rendered ineffective, the remainder will continue to be valid and enforceable.