Terms and Conditions (“Terms”)
Last updated: Jul 14, 2022
AGREEMENT TO TERMS
Please read these Terms and Conditions (“Terms”,”Terms and Conditions”) carefully before using the https://www.dailycons.com Website (the “Site”). By accessing or using the Site, you, whether personally or on behalf of an entity (“you”) have read, understood, and agreed to be bound by these Terms. If you do not agree with all or any of these Terms, you may discontinue the use of the Site.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason without providing any prior notification. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of our Site after the date such revised Terms and Conditions are posted.
By using the Site, you represent and warrant that:
- All information you submit will be true, accurate, current, and complete;
- You will maintain the accuracy of such information and promptly update such registration information as necessary;
- You have the legal capacity and you agree to comply with these Terms and Conditions;
- You are not a minor in the jurisdiction in which you reside;
- You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
- You will not use the Site for any illegal or unauthorized purpose; and
- Your use of the Site will not violate any applicable law or regulation.
- If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We will accept the subscriptions by (i) input your email at the website footer subscribed newsletter; (ii) join us as Member; (iii) placed order at our website and confirm our Terms & Condition.
You can unsubscribe us by sending email, WhatsApp or uncheck it at your Profile.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the goods available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the goods will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the goods.
All goods are subject to availability, and we cannot guarantee that items will be in stock.
We reserve the right to discontinue any goods and to change or update information of goods at any time for any reason without prior notice.
When you place an order you are making an offer to buy from us the goods you have specified at the price stated for those goods. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
We will acknowledge your order to confirm that we have received your order by email.
We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
- no sufficient stock to deliver the goods you have ordered;
- no delivery can be arranged for your area; or
- one or more of the goods you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information.
If we cancel your order we will notify you by email and will credit to your account any sum deducted by us through your chosen payment service provider as soon as possible. You accept that we will not be obliged to offer any compensation for disappointment suffered.
PRICE AND PAYMENT
We will use all reasonable commercial endeavors to display accurate and up to date prices on our Site. The Company reserves the right to revise its prices at any time prior to accepting an Order. The price is definite upon our acceptance of your order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
We accept the forms of payment available on our Site, including without limitation, Visa, Mastercard, PayPal, Alipay Pay, WeChat Pay and Payme.
You agree to provide current, complete, and accurate purchase, payment and account information, including your name, your email address, your payment method, your payment card expiration date, your billing address and your shipping address for all orders made via the Site. We will not be liable for any delay or non-delivery of your order.
You agree to pay all charges at the prices then in effect for your orders and any applicable shipping fees, and you authorize us to charge your chosen payment service provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making transaction through the payment service provider, and in no event shall any such losses in whole or in part be borne by us.
Membership points will ONLY apply on the successful order payment. If payment occurs partially refunded or fully refunded, we will adjust the point based on the exact payment in proportion. If the order is canceled, the point will be canceled as well. Dailycons reserved the right for the final decision.
DAILYCONS REFERRAL POINTS (DRP)
DRP points will be awarded on the following conditions:
- The referrer and the referee must both be members of Dailycons;
- The referrer's credit points will be added to the account 15 days after the referee has successfully completed the payment and received the goods.;
- If the referee cancels the order, the referrer's added points will be automatically reversed/cancelled;
- If the same person is found to be registered under different identities, Dailycons has the right to keep only one of the member accounts and delete/release the other accounts and all the points in those accounts;
- If the same person is found to be a referrer and a referee under different identities, Dailycons has the right to delete/release all the accounts of the same person and all the points in those accounts;
In case of any dispute regarding the management of DRP points, Dailycons has the right to make the final decision to issue or cancel the credit points, Dailycons also has the right to adjust the credit points of any members/accounts.
We only make deliveries in the specified areas of Hong Kong from Monday to Friday except public holiday and when typhoon warning signal No. 8 or above or red or black rainstorm warning is in force.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order through the shipment service providers engaged by us. You agree and accept the deliveries of the products are subject to the terms and conditions of the shipment service providers. We reserve the right to decline delivery at our sole discretion.
The goods shall be, and shall be deemed to be, delivered and accepted by you when the goods are delivered to the address you give us for delivery.
If the goods are returned to us by the shipment service providers resulting from your failure to accept delivery for whatever reasons, you agree and accept that you will collect your ordered goods from our designated address during time period specified by us and under no circumstances will we accept cancellation of order or refund.
You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons.
Unless otherwise specified, we will use all reasonable commercial endeavors to make delivery within 3 working days after your order is accepted. You agree and accept that under no circumstances will we accept cancellation of order or refund.
You will become the owner of the merchandise you have ordered when they have been delivered to you. Once merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
RETURNS OR EXCHANGES
Unless otherwise specified, no return or exchange of goods will be accepted.
Subject to the returns or exchanges policy, goods may be returned or exchanged within seven (30) days of receipt or online purchase record if the goods you ordered are faulty, defective or damaged (with no fault on your part), or the goods are not what you ordered, or the delivery is of an incorrect quantity, provided that:
the goods are unused and in the condition originally sold together with all parts and accessories which are provided with the goods including manuals, certificates, labels, tags, consumables, bags, and boxes;
the packaging of the goods must be in the condition in which it was delivered to you; and
a request for return or exchange is sent to our email (email@example.com) and the goods are returned to the address within a limited period specified by us.
You agree and accept that goods are acceptable for exchange subject to stocks availability.
You agree and accept that it will be our sole discretion whether the goods are accepted for return or exchange. Under no circumstances will we accept the return of any goods directly to us or be held liable for your damages for whatever reasons.
LIMITATIONS OF LIABILITY
We do not represent or warrant that: any goods provided by us will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
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 (including using our applications or software) or any information on our site;
- the unavailability of our site (or any part of it), merchandise or services;
- any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
- any merchandise not being of merchantable quality or fit for their intended purpose; or
- any misrepresentation on or relating to our site, the merchandise 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
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, cost, expense or demand, including legal expenses, which may be incurred by us due to or arising out of:
- use of the Site;
- breach of these Terms and Conditions;
- any breach of your representations and warranties set forth in these Terms and Conditions;
- your violation of the rights of a third party, including but not limited to intellectual property rights; or
- any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
INTELLECTUAL PROPERTY RIGHTS
The Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, product names, company names, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission, and such use may constitute an infringement of our rights.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval or endorsement thereof by us.
If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.
These terms shall be governed by and defined following the laws in force in Hong Kong. You irrevocably consent that the courts of Hong Kong shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
To expedite resolution and control the cost of any dispute, controversy, or claim related to the Site, you agree to first attempt to negotiate and resolve any Dispute informally with us by email.
If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these Terms and Conditions.
These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision at any time thereafter. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: