Terms & Conditions
This site is owned and operated by E Square Studio Limited ("we" or “the Company"). Any person who uses or browse our site or to whom we are providing services and products through our site (“you”) are bound by the following terms and conditions (“Terms and Conditions”). By using and obtaining products or services from our site, you agree to be bound by the Terms and Conditions. Please read them carefully.
We may make changes to the Terms and Conditions from time to time without prior notification. The amended Terms and Conditions are effective from the date they are published on our site. Your continued access and use of our site and obtaining our services and products shall represent your acceptance of the amended Terms and Conditions.
1. Registration
You are required to register with us when you use the services or place an order. By registering with us, you are declaring that you are aged 18 years or above and capable of entering into a legally binding contract.
You agree to provide true, accurate, up-to-date and complete information about yourself by filling out our registration form; and from time to time update your registration information to ensure it is true, accurate, up-to-date and complete. If we have reasonable grounds to suspect that any false, inaccurate, not updated or incomplete information, we have the right to suspend or terminate your registration.
2. Order
When an order is placed, you cannot cancel the order after it is submitted, even if we have not confirm your order. We will acknowledge your order to confirm that we have received your order by email. The confirmation email will include:
- details of items ordered,
- details of price charged,
- delivery and payment information, and
- information about the progress of your order.
We reserve our right to not accepting or cancelling an order for any reason at our sole discretion, including but not limited to below situations:
- insufficient stock to deliver the items you have ordered;
- no delivery can be arranged for your area; or
- item you ordered is listed at an incorrect price due to a human or computer error.
If we cancel your order, we will notify you by email and will credit the related amount paid us to your credit card or HSBC PayMe or FPS or AlipayHK account as soon as possible within thirty (30) days upon confirmation of order cancellation. The actual time taken to complete a refund may vary across different banks or companies. You accept that we will not be obliged to offer any compensation for any dissatisfaction.
3. Payment
We accept credit card payments made by Visa and MasterCard, payment from PayMe from HSBC, FPS and AlipayHK. When you place an order, you authorise us to debit the amount of the order from your credit card, your PayMe from HSBC account, your FPS account or your AlipayHK account.
We use third party payment services to process online transactions. When you place an order, you agree and accept that your payment 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 responsible for any loss might incurred or sustained by you in making payment transactions, and in no event shall any such loss in whole or in part be borne by us.
4. Delivery
Under normal circumstances, upon order acceptance and payment receipt, we will pack and send out your order in one (1) to three (3) working days.
We use SF Express for domestic delivery in Hong Kong Special Administrative Region of the People's Republic of China (“Hong Kong”). We will charge you delivery charge during ordering.
After order being dispatched, SF Express normally takes two (2) working days to deliver the order, delivery to residential address or designated areas will take one (1) additional working day. Please refer SF Express’ website for details of delivery transit time. Deliveries to areas in Hong Kong is subject to SF Express’ service provision.
For delivery to remote areas: Sai Kung, Clear Water Bay, Shek O, Stanley, Discovery Bay, Ma Wan, Cheung Chau, Lamma Island, Peng Chau and Lantau Island South (including but not limited to Tai O, Tong Fuk, Cheung Sha, Mui Wo and Pui O etc.), customers can consider collection at SF Business Stations, SF Stores or EF Lockers. If to-door delivery service in a remote area is required, remote surcharge of HK$10 will be applied on each shipment. Click here for more details on the Remote Surcharge.
SF Retention Service Fee will be applied if customers are unable to collect their parcels within the first 2 days at SF Business Stations or SF Stores after the shipment arrives and put on shelf at the selected address, or pick up parcels within the first 24 hours of the pick up notification at SF Lockers located in SF Business Stations and SF Stores.
You will become the owner of the products you have ordered when they have been delivered to you.
5. Return
The products we sold are original and will be well packaged for protection before dispatching. If you find the packaging being broken upon receipt of your order, please check the contents inside the package in witness of the deliverer of the logistic service provider, and request for return with photos as proof in case of any problem. No return nor refund will be accepted after products being received. Any missing of parts found after products being opened, please contact the related publishers for assistance directly.
6. Intellectual Property
All information and content available on our site, including but not limited to trademarks, logos, text, graphics, button icons, images, audio clips, videos, and the compilation and organization thereof (“Content”) is our property or the property of our partners or licensors, and is protected by applicable laws, including laws governing copyrights and trademarks. Any authorised use without our prior written permission is strictly prohibited.
7. Content
The intellectual property rights in all Content are owned, controlled or licensed to us. Subject to the Terms and Conditions, you may use the Content for your own personal purposes.
Unless you have our express written consent or you are expressly authorised 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 give no warranties and make 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. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our site.
8. User Content
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, audio clips, photographs, graphics, images, videos, messages or other materials (“User Content”) on our site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose including but not limited to distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that
• is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• you do not have a right to make available under any law or under contractual or fiduciary relationships;
• is known by you to be false, fraudulent, inaccurate or misleading;
• you were compensated for or granted any consideration by any third party; or
• infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on our site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using our site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via our site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
9. Warranties
You represent, warrant and covenant that you will not:
• use our site for any fraudulent or unlawful purpose;
• use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
• interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
• transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
• reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site;
• modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site;
• frame or mirror any part of the site without our express prior written consent;
• create a database by systematically downloading and storing the Content, User Content or any site content; and
• infringe any copyright, design right and intellectual property right in the products.
10. Disclaimer of Warranties and Limitation of Liability
We do not represent or warrant that access to our site, or any part of it, will be uninterrupted, reliable or fault-free.
We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
We do not represent or warrant that any service will be provided with due care and skill; or any product will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
You agree that no data transmission over the Internet can be guaranteed totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
• any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
• the unavailability of our site (or any part of it), products or services;
• any delay in providing, or failure to provide or make available, products or services, or any negligent provision of products or services;
• any products not being of merchantable quality or fit for their intended purpose; or
• any misrepresentation on or relating to our site, the products or the services.
Save as required by law, we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and we will have no liability to pay any money to you by way of compensation except otherwise specified in these Terms and Conditions.
You agree that each of these limitations is reasonable having regard to the nature of our site.
None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the products to you.
Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these Terms and Conditions.
11. Indemnity
You agree to defend, indemnify and hold us, our partners, licensors, officers, directors and employees (“Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of our site or any Content (including User Content), or any of our products or services purchased on our site, or your breach of these Terms and Conditions.
12. Linked Websites
Certain links, including hypertext links, in our site will take you to other websites outside our site. Links are provided for 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 our site. You should carefully review the privacy policies and terms and conditions of other websites that you visit.
13. Privacy
We take privacy issues seriously. Our privacy policy covers our use of any information you provide. In using our services, 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.
14. Termination
We may terminate your access to our site or your 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.
15. General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these Terms and Conditions. Any changes to these Terms and Conditions will be posted on our site. By continuing to use our site following any such change, you will signify that you agree to be bound by the revised Terms and Conditions.
We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these Terms and Conditions.
We shall not be liable to you for any breach of these Terms and Conditions or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We may assign these Terms and Conditions or appoint any third party companies, to provide the services to you on our behalf or to perform any of our obligations under these Terms and Conditions.
You shall not assign or otherwise deal with its rights and obligations under these Terms and Conditions, whether in whole or in part without our written consent.
Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If there is any discrepancy between the Chinese and English versions of these Terms and Conditions, the English version shall prevail.
16. Governing Law
These Terms and Conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
If you have any questions regarding these Terms and Conditions, please email us at cs@esquarestudio.com.
Last Updated Date: 1 June, 2023
