Terms & Conditions

Terms & Conditions

  1. Introduction 
  2. These terms and conditions (the “Terms“) govern the use of our website, www.superbloomlabs.com (“Website”), and the sale of our products (the “Products“).
  3. By visiting the Website or placing an order for any Product on the Website, you agree to be bound by these Terms and any additional terms and conditions and policies referenced herein and/or available by hyperlink, including our privacy policy. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to these Terms, please refrain from visiting our Website and do not order any Product from the Website. 
  4. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right to amend or update these Terms from time to time without prior notice. The latest version of these Terms will be posted on the Website and will apply to any orders placed after the date of posting. You should check the Website regularly for any changes to these Terms. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
  5. These Terms do not affect your statutory rights as a consumer under the laws of Hong Kong.
  6. Throughout the site, the terms “Superbloom Labs”, “Superbloom”, “we”, “us” and “our” refer to Superbloom Limited. We are a company registered in Hong Kong under company number 3236909. Our address is Unit 2308, 23/F, 111 Tung Chau St., Tai Kok Tsui, Kowloon, Hong Kong. You can contact us here or through email at info@superbloomlabs.com. 
  7. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. 
  8. Terms specific to our Website

Your Account

  1. You must keep your account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
  2. We may disable access to your account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms.

Website Use

  1. We only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes. We may monitor your use of the Website.
  2. The Website may only be used for lawful purposes. You agree to comply with all applicable laws and regulations regarding the Website and its use. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
  3. You must not knowingly:

• upload or transmit through the Website any computer viruses, Trojans, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;

• upload or transmit through the Website any material which is defamatory, offensive or of an obscene character;

• attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website; or

• attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this section you could commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

  1. We are not responsible for viruses or other harmful material. We will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
  2. You acknowledge that we have no obligation to monitor your access to or use of the Website, but that we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the Website provided.

Reviews, comments and other user submissions

  1. Whenever you post content to our website, you agree and confirm that:

• you own or otherwise control all of the rights to the content that you post;

• the content and material is accurate; and

• use of the content and material will not cause injury to any person or entity (including that the content or material is not defamatory).

You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of this section. This means that you will be responsible for any loss or damage we suffer as a result of your breach of this section.

  1. Any content uploaded to our Website will be considered non-confidential and non-proprietary. You will retain all of your ownership rights in your content but you are required to grant us (and our sub-licensees if required) a licence to use, copy, modify and adapt your content and to distribute and make it available to third parties. You agree to waive your right to be identified as the author of the content and your right to object to derogatory treatment of the content.
  2. We may have to disclose your identity to a third party who claims that content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or privacy rights. We may remove any post you make on our Website if in our opinion your post does not comply with our guidelines.
  3. By uploading or posting content to our Website, you grant us the following rights to use that content:

• a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

• grant us and our sub-licensees the right to use the name that you submit in connection with such content.

If we reasonably request you to do so, you agree to do such further acts and execute all documents which may from time to time be necessary to give full effect to this section.

Third-party links

  1. As a convenience to you, the Website may include links to other websites or material which is provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the content of those websites or resources and we accept no responsibility for the availability, suitability or content of such websites and nor do we review or endorse them or any views expressed within them. We will not be responsible for the privacy practices or content of such websites nor will we be responsible for any damage, loss or offence caused or alleged to be caused that may arise from your use of them.

Liability and general Website terms

  1. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
  2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. If we are informed of any inaccuracies in the material on the Website we will correct this as soon as we reasonably can.
  3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and any liability for fraud or fraudulent misrepresentation.
  4. We provide you with access to the Website free of charge and subject to the preceding section, we will not be responsible for any loss, injury or damage of whatever kind caused in whole or in part by:

• incompatibility of the Website with any of your equipment, software or telecommunications links;

• technical problems including errors or interruptions of the Website;

• unsuitability, unreliability or inaccuracy of the Website; and

• failure of the Website to meet your requirements.

  1. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet.
  2. Should you make any illegal and/or unauthorised use of the Website, and/or fail to comply with these Terms, we may take such action as we reasonably determine to be appropriate including amongst other measures temporarily or permanently removing your registration and right to use the Website.
  3. We may suspend or withdraw all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Products and Orders 

  1. The Products are intended for personal use only and not for resale or commercial purposes. You must be at least 18 years old to order any Product from the Website. 
  2. The Products are subject to availability and may change from time to time. We do not guarantee that any Product will be in stock or available at any time. We may limit the quantity of any Product that you can order or cancel any order that we deem to be excessive or fraudulent. 
  3. The images, descriptions, specifications and prices of the Products on the Website are for reference only and may not reflect the actual appearance, quality, performance or value of the Products. We try to ensure that the information on the Website is accurate and up to date, but we do not warrant or guarantee its accuracy, completeness or reliability. We may correct any errors or omissions on the Website without liability to you or any third party. 
  4. To place an order for any Product on the Website, you must follow the instructions on the Website and provide us with the required information, such as your name, address, email, phone number, payment details and delivery preferences. You are responsible for ensuring that the information you provide is true, accurate, current and complete. We are not liable for any delay, loss, damage or inconvenience caused by your failure to provide correct or complete information. 
  5. When you place an order for any Product on the Website, you are making an offer to buy the Product from us at the price and on the terms stated on the Website. 
  6. We are not obliged to accept your order and may reject it for any reason at our sole discretion. We will confirm our acceptance or rejection of your order by email. A contract between you and us for the sale and purchase of the Product will only be formed when we send you an email confirming our acceptance of your order (the “Order Confirmation“). The Order Confirmation will contain the details of your order, such as the Product name, quantity, price, delivery method and estimated delivery date. 
  7. You may cancel your order at any time before we send you the Order Confirmation by contacting us by email or phone. We may also cancel your order at any time before we send you the Order Confirmation if we are unable to supply the Product for any reason, such as out of stock, discontinued, faulty, misprised or subject to a recall. We will notify you by email if we cancel your order and refund you the full amount paid by you for the Product within 14 days of cancellation.

Payment and Delivery 

The prices of the Products on the Website are in Hong Kong dollars and include any applicable taxes, but exclude any delivery charges, which will be added to the total amount due at the checkout. We may change the prices of the Products at any time without notice, but the changes will not affect any orders that have already been confirmed by the Order Confirmation. 

You can pay for the Products by using any of the payment methods accepted on the Website, such as credit card, debit card, PayPal or other online payment platforms. You must provide us with valid and authorized payment details and authorize us to charge the full amount due for your order to your chosen payment method. You are responsible for any fees or charges imposed by your payment provider or bank in connection with your payment. We are not liable for any delay, loss, damage or inconvenience caused by your failure to pay for your order or by any payment errors or failures.

From time to time we may offer promotional pricing or provide discount codes for our products. In such cases, we allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail.

We will deliver the Products to the address specified by you in your order, subject to our delivery policy and availability. We will try to deliver the Products within the estimated delivery time stated in the Order Confirmation, but we do not guarantee or warrant that the Products will be delivered within that time or at all. We are not liable for any delay, loss, damage or inconvenience caused by any events or circumstances beyond our reasonable control, such as natural disasters, accidents, strikes, customs, postal or courier services, or incorrect or incomplete delivery information provided by you.

We do not accept any returns or refunds for Products.

Nothing in these Terms affects your statutory rights as a consumer under the laws of Hong Kong, such as your right to reject or cancel any contract for the sale of goods that are faulty, not as described or unfit for purpose within a reasonable time after delivery. 

  1. Warranties and Liability
  2. We have made every effort to ensure that our Products conform to the photographs and descriptions provided on our Website. However, please note that certain colours may look different to the actual colour of the Products, when displayed on an electronic device.
  3.  If any products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and we will, at our option, arrange for a replacement or a refund, subject to availability and verification of the defect or non-conformity. This does not apply to any Products that are: 

• damaged or defective due to misuse, abuse, negligence, accident, improper storage, handling, installation, maintenance or operation, or exposure to abnormal or extreme conditions, such as heat, moisture, dust, dirt, chemicals or electrical surges. 

• modified, repaired, altered or tampered with by anyone other than us or our authorized service providers, ог in any way that affects their performance, quality, safety or functionality. 

• used in conjunction with any other products, accessories, components or devices that are not compatible, authorized or recommended by us or the manufacturer of the Products. 

• subject to normal wear and tear, cosmetic damage or deterioration, or expected variations in texture, size or shape. 

  1. These Terms do not affect your statutory rights as a consumer under the laws of Hong Kong, such as your right to claim for any loss or damage caused by our breach of contract, negligence or misrepresentation, or by any defective or unsafe product supplied by us.
  2. To the fullest extent permitted by law, we exclude and disclaim all other warranties, representations, guarantees and conditions, whether express or implied, statutory or otherwise, in relation to the Products, the Website or any other services or information provided by us, including but not limited to any warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, security, availability, compatibility or performance. 
  3. To the fullest extent permitted by law, we limit our liability to you and any third party for any loss, damage, injury, claim, cost, expense or liability arising from or in connection with the Products, the Website or any other services or information provided by us, whether based on contract, tort, negligence, strict liability, statute or otherwise, to the amount paid by you for the Products, or the minimum amount required by law, whichever is greater. 
  4. To the fullest extent permitted by law, we exclude and disclaim any liability to you and any third party for any indirect, incidental, consequential, special, exemplary or punitive damages, or any loss of profit, revenue, data, goodwill, reputation or opportunity, arising from or in connection with the Products, the Website or any other services or information provided by us, whether based on contract, tort, negligence, strict liability, statute or otherwise, even if we have been advised of the possibility of such damages or losses. S.7 Nothing in these Terms or our warranty policy excludes or limits our liability to you or any third party for any death or personal injury caused by our negligence or fraud, or for any other liability that cannot be excluded or limited by law. 
  5. Indemnity 
  6. You agree to indemnify, defend and hold harmless us, our affiliates, directors, officers, employees, agents, contractors, licensors, suppliers and partners from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities costs and expenses (including legal fees) arising from or in connection 

• your breach of these Terms or any other policies or notices posted on the Website. 

• your use or misuse of the Products, the Website or any other services or information provided by us. 

• your violation of any laws, regulations, rights or obligations relating to the Products, the Website or any other services or information provided by us. 

• your infringement or misappropriation of any intellectual property, privacy, publicity or other rights of us or any third party. 

Intellectual Property 

  1. All intellectual property rights, such as trademarks, logos, trade names, domain names, copyrights, patents, designs, know-how, trade secrets and other proprietary information, in or relating to the Products, the Website or any other services or information provided by us, are owned by or licensed to us or our affiliates, licensors, suppliers or partners, and are protected by the laws of Hong Kong and other applicable jurisdictions. You acknowledge and agree that you have no right, title or interest in or to any such intellectual property rights, except as expressly granted by these Terms or by us in writing. 
  2. You may access, view, download, print or store the content on the Website for your personal, non-commercial use only, provided that you do not modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, sell or otherwise exploit any such content without our prior written consent. You may not use any of the trademarks, logos, trade names, domain names or other identifiers of us or our affiliates, licensors, suppliers or partners without our prior written consent. You may not use any of the content on the Website for any illegal, fraudulent, harmful, offensive, defamatory, infringing or otherwise objectionable purpose or activity. 

Privacy 

We respect your privacy and are committed to protecting your personal data in accordance with our privacy policy and the laws of Hong Kong. Our privacy policy explains how we collect, use, disclose, store, transfer and protect your personal data when you order, purchase, use or access the Products, the Website or any other services or information provided by us. By ordering, purchasing, using or accessing the Products, the Website or any other services or information provided by us, you consent to our collection, use, disclosure, storage, transfer and protection of your personal data in accordance with our privacy policy and the laws of Hong Kong. 

  1. General 
  2. These Terms constitute the entire agreement between you and us regarding the bale and purchase of the Products and supersede any prior or contemporaneous agreements, communications or understandings, whether oral or written, relating to the same subject matter. 
  3. These Terms are governed by and construed in accordance with the laws of Hong Kong. You and we submit to the exclusive jurisdiction of the courts of Hong Kong for any disputes or claims arising from or in connection with these Terms or the Products. 
  4. If any provision of these Terms is found to be invalid, illegal or unenforceable by any court or authority, such provision will be severed from the rest of these Terms and the remaining provisions will continue in full force and effect. 
  5. No waiver of any provision of these Terms or any breach or default by you or us will be effective unless in writing and signed by us, and no such waiver will constitute a waiver of any subsequent provision, breach, or default. 
  6. You may not assign, transfer, subcontract or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, subcontract or delegate any of our rights or obligations under these Terms to any of our affiliates, successors, assigns or third party service providers without your consent. 
  7. Nothing in these Terms creates or implies any partnership, joint venture, agency, fiduciary or other relationship between you and us, other than that of seller and buyer. You and we are independent contractors and neither of us has any authority to bind or act on behalf of the other. 
  8. These Terms are for the benefit of you and us and not for the benefit of any third party, except as expressly stated otherwise. No third party has any right to enforce or rely on any provision of these Terms under the tracts (Rights of Third Parties) Ordinance (Cap.623) or otherwise. 
  9. You must comply with all applicable laws, regulations, rules and codes of conduct when ordering, purchasing, using or accessing the Products, the Website or any other services or information provided by us. You must not do anything that may damage, interfere with, disrupt or impair the Products, the Website or any other services or information provided by us, that may violate or infringe any rights or interests of us or any third party.
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