Terms And Conditions
These General Terms and Conditions, including all policies referred to herein (these "Terms and Conditions"), apply to
(a) the use of and access to any information, pictures, documents, materials and/or other services ("Services") on the online store owned by or on behalf of and/or operated by Sport Elements Limited (collectively referred to as "Patagonia Hong Kong", "we" or "us" and the grammatically derivatives thereof shall be construed accordingly) located at www.patagonia.com.hk and any successor site(s) (the "Website"); and
(b) the sale and purchase of Patagonia Hong Kong branded products (the "Products") on the Website.
Please review these Terms and Conditions carefully prior to using the website. By accessing or using the website, you have agreed and accepted (and you are regarded as having and accepted) to these Terms and Conditions and ensure ( i ) you are of sufficient legal age or otherwise have legal capacity to legally agree to these Terms and Conditions and ( ii ) you have read, understand and agree to be bound by these Terms and Conditions and ( iii) you will use the Website in accordance with applicable law.
By accessing the Website you also acknowledge that some content may not be suitable for people under the age of 18.
It is important to note that we reserve the right to modify, suspend, or terminate operation of or your access to the Websites or any portion of the Websites. We may update the Websites and change the content at any time including the products we sell and the price we sell them at. Although we make reasonable efforts to update the information on the Websites, please note that any of the content on our Websites may be out of date at any given time, and we are under no obligation to update it. We may also interrupt the regular operation of the Websites, or any portion of the Websites, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes. We also do not guarantee that the Websites, or any content, will be free from errors or omissions and we do not make any guarantees that the content on the Websites is accurate, complete or up-to-date.
Password and Account
- You declare (and we have the right to rely on this relevant statement) that you are 18 years of age or older and have the ability to form legally binding contracts once you register an account on this website.
- You agree that your username and password are strictly personal and must not be shared with anyone else; or assign or otherwise transfer your Account to any other person or entity; or use your Account for commercial purposes.
- You shall not misuse the Platform by creating multiple user accounts. You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You must not share your password or other login information with any person. Any use of your account by any person other than yourself is grounds for suspension or termination of your account.
- You shall provide Patagonia Hong Kong with accurate, complete, and up-to-date Account information. Failure to do so shall constitute a breach of this Agreement, which may result in the restriction, suspension or immediate termination of your Account. You further undertake to keep your Account information updated at all times such that it is accurate, current and complete.
- We are not responsible for any loss that results from the unauthorised use of your username/password, with or without your knowledge. You shall promptly notify Patagonia Hong Kong of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your User ID and Password.
- Patagonia Hong Kong shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User ID and Password.
- You must not misuse our Website. You shall not use any automated systems or software to extract data from this Platform for any purpose. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. Any breach of this provision may constitute an offence under the applicable laws. In the event such breach occurs, Patagonia Hong Kong will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
- All trademarks, trade names, brand names, logos, Product names and titles, whether registered or unregistered displayed on this Website are the property of Patagonia Inc. or other third parties, and all rights to the Marks are expressly reserved by Patagonia Inc. or relevant third parties. The Marks are protected by trademark, copyright and various other intellectual property rights. Any unauthorised using, copying, producing, alteration, transmission, distribution, performance, display, or other use of such intellectual property, including in advertising or publicity pertaining to distribution of materials on the Platforms from any portion of the Site is prohibited. All rights not expressly granted in written are reserved by Patagonia Inc.
- All content including, but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) on the Website (except for User Generated Content), is under the copyright laws of Hong Kong and other countries and is the proprietary property of Patagonia Hong Kong. The Content is a collective work under the copyright laws of Hong Kong and other countries and protected by applicable copyright laws and treaties the world.
- You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent that is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource, or for your other personal and non-commercial use. You are not allowed to make any other use of the information and materials on this Website (including but not limited to the Marks and the Content), including reproduction, modification, distribution or republication for purposes other than as mentioned above.
- You agree not to reproduce, display or otherwise provide access to the Services, Patagonia Hong Kong Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Patagonia Hong Kong.
- The domain name on which the Website is hosted on is the sole property of Patagonia Inc. and you may not use or otherwise adopt a similar name for your own use.
- All Patagonia.com.hk Content are the copyrighted work of Patagonia Hong Kong or its content or software providers, and Patagonia Hong Kong reserves and retains all rights in the Patagonia Hong Kong Content. Use of some Patagonia Hong Kong Content may be governed by the terms of an accompanying end user license agreement.
Terms of Ordering
- All information on the Website is only an invitation to treat, and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order(“Products”) from Patagonia Hong Kong on the Terms. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
- When you submit an order, we will send you an email acknowledging receipt of your order ("Order Confirmation").This does not mean that we have accepted your order. Our acceptance of the order will not take place unless and until ( a ) when the products are shipped to you, and ( b ) we will send your an email confirming that the products have been delivered. Please note that we cannot make or accept any changes (including delivery address, size, colour of the Products) once your order has been placed.
- Fulfillment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason, without being liable for any loss or costs other than repayment of any amount received from you in relation to the order we have cancelled.
- Products on the Website are in stock and are ready to be sent. Any sizes that are out of stock are marked as unavailable. We may have stock issues from more than 1 customer ordering Products at the same time. When we are unable to ship an item already ordered, we may cancel that part of your order and you will be reimbursed or not charged accordingly. We work hard to keep our stock levels as accurate as possible. Occasionally, errors may occur.
- Orders are accepted only in quantities usual for households. The Website is intended solely for Patagonia Hong Kong to sell Products direct to end consumers, and therefore purchase of Products for resale is strictly prohibited. Purchase for resale means the purchase of Product by someone who resells, or intends to resell, the Product to others (consumers, businesses or any third party). If Patagonia Hong Kong believes you are involved in purchase for resale, Patagonia Hong Kong reserves the right to take any action against you, including, without limitation, to restrict your assess to or use of the Website, restrict sales to you, cancel your orders, and/or suspend or close your account.
Price and Payment
- Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Website are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you cancel the Order after payment as well as before we ship it out, you will get a full refund.
- Prices on this website are calculated in Hong Kong Dollar. Delivery costs will be charged in addition when applicable; such additional charges are clearly displayed and included in ‘Total' on checkout page.
- We are under no obligation to fulfill your Order if the price listed on the Website is incorrect (even after your Order has been acknowledged by us).
- You can pay using any of our payment partners listed on our Website. Similarly, you can pay all or part of the amount of your Order using e-Gift Card.
- e-Gift Card apply on our Website.
- To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order, we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
- Upon authorisation of the payment, you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift cards or the promotional vouchers, and have sufficient funds or credit facilities to cover the amount of the Order.
- At this time, we can only ship the Products to commercial residential addresses (except closed area) within HKSAR and Macau SAR. SF Express is presence of our official carrier, you accept to receive all products in Patagonia Hong Kong Official online shop through carrier - SF Express.
- Orders will be sent, via the Carrier, to the delivery address that you have given or selected, as the case may be, on your order form. We will not be responsible if that delivery address is incorrect or incomplete. Please note that there are restrictions on the locations to we deliver Products purchased.
- When you have selected your preferred delivery method (provided that your order has been accepted by Patagonia Hong Kong, your order shall be processed and we will endeavor to dispatch your order in accordance with the estimated delivery times , whichever is applicable, or as otherwise specified upon completion of order. Please note that the delivery dates specified in your order, the email confirming the order are estimates only. We shall not be liable for any failure to deliver on any particular date. Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified.
- We do not deliver the Products to PO boxes. Please provide valid shipping address and contact number when ordering.
- Generally, shipment time is approximately 5 business days after order is confirmed, the actual delivery time depends on carrier. The above delivery time is estimate only, and the exact delivery time will vary depending on region and district being selected.
- If we fail to deliver the Products within the estimated delivery time or recipient address, we will inform you and your sole and exclusive remedy is to choose either to wait for product to be delivered, or to cancel you order and get refunded. Apart from the foregoing, we will not make any compensation to you.
- When Tropical Cyclone Warning Signal No. 8 or above is hoisted, or black rain warning is in place, delivery and customer services of Patagonia Hong Kong will be temporarily suspended. Carrier may contact you for new delivery date.
- Once the Products have been delivered to you, they will be belonged to you at your own risk and we will not be liable for the loss or damage.
- If delivery or collection is delayed through your unreasonable refusal or unavailability to accept delivery or if you do not (within 5 working days of our first attempt to deliver the Product to you) accept delivery or collect the Products from the carrier, we may (without affecting any other right or remedy available to us) charge you for any fee and other costs reasonably incurred by us. In case of no longer make the Products available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any fee and other costs reasonably incurred by us).
Customer Service Hotline: +852 2116 8121 (Hotline Opening Hours: Monday to Friday. 10:00am to 5:30pm. Exclude Public Holidays.)
Customer Service Email: email@example.com
This policy shall be governed and construed in accordance with the law of HKSAR. Please refer to the "Terms and Conditions" for details.
- Free shipping with every order over HK$500 (order within Hong Kong & Macau ) (after discount), or we will charge HK$40 for each delivery.
- You can select a desirable S. F. Store to self-collect your order, and S. F. Express will deliver your order to the location you select.
- For exchange and return request, you are required to bear the shipping costs unless product quality issues.
Disclaimer of Liability
- The content displayed on this Platform is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Patagonia Hong Kong hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- Nothing in these Terms and Conditions shall exclude or limit Patagonia Hong Kong's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- You agree to indemnify, defend, hold harmless Patagonia Hong Kong, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Platform or your breach of the Terms and Conditions.
Guarantee and Complaints Management
- Patagonia Hong Kong shall perform its obligations under these Terms and Conditions with reasonable skills and care.
- We place great value on our Customer satisfaction. You may contact us via email. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant inquiry or complaint.
- In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that was assigned to you in the Order Confirmation. In rare cases, your emails maybe caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within 5 Business Days, please make further inquiries.
Personal Data Protection
Links to The Website
- You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any Platform that is not owned by you.
- This Website must not be framed on any other Platform, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
- No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
- If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
- You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
- Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
Third Party Rights
- No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
- These Terms and Conditions and a Contract(and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Hong Kong Law. Both we and you hereby agree to submit to the non-exclusive jurisdiction of the Hong Kong Courts. All dealings, correspondence and contacts between us shall be made or conducted in the Traditional Chinese or English language.
- We reserve the right to amend these Terms and Conditions and our policies at any time at its sole discretion without prior notice. All amendments to these Terms and Conditions, including our policies will be posted on our Platform and be effective immediately. Your continued use of the Platform constitutes acceptance of the amended Terms and Conditions.
If you have any questions, please contact our customer care team at firstname.lastname@example.org and we will be happy to assist you.
Last Update 1 March 2022.