Terms & Conditions
Article 1 (Membership)
- Lotus Gallery (hereinafter referred to as “Company”) shall grant membership of Lotus Gallery. (hereinafter referred to as “Website”), operated by the Company, to only those who agrees to this terms and conditions (hereinafter referred to as “Member”) and provide services.
- Each login ID and password are to be used only by the Member to whom the login ID is assigned and shall not be loaned or transferred to any other party. Any transactions taken using a login ID and its password shall be deemed a valid representation of the intent of the Member to whom the login ID is assigned and he shall be held responsible for liability arising from such transactions.
Article 2 (Termination of Membership and Liability)
- The Company has the right to terminate a membership when a Member falsified information in his application to the membership, failed to fulfill his payment obligation for purchased merchandise, or performed any of the following actions:
- to cause harm or damage to a third party or the Company including but not limited to publish immoral content (e. g. x-rated content) on the Website,
- to cause defamation of title or impairment of reputation of the Company or a third party
- to upload software or a computer program containing a computer virus or other malware and to distribute such a program via Website.
- to loan, transfer or sell a Website account to a third party without the Company’s prior consent .
- to perform an act to offend public order and morality or any other act that may be harmful to society .
- to perform a criminal act or any act that may lead to a crime.
- to perform any act in violation of applicable laws and regulations.
- to perform any act the Company finds inappropriate.
- Member shall be held liable for damages incurred by the Company if they are attributable to one of the following actions by Member:
- to improperly use a login ID and its password.
- to interfere with the Company’s business by accessing the Company’s servers to alter information in them or transmitting a computer program that is harmful to the Company’s servers.
- to infringe the Company’s intellectual property rights pertaining to the Company’s products.
- to violate this terms and conditions.
Article 3 (Confidentiality of personal information)
The Company shall protect confidentiality of Member’s personal information in accordance with the following policy:
- For the use of obtained private information
The Company shall use Member’s personal information including but not limited to, his name, address, telephone number, date of birth, and e-mail address as well as transactions with the Company only for the following purposes:
- to send merchandise, catalogues, direct mails, etc., introduction of new products and services and to provide customer care.
- to provide information on the Company’s catalog (paper/electronic) and retail outlet business and information useful to Member’s lifestyle, as well as to send surveys.
- to deliver gifts and promotional items in campaigns an events run by the Company.
- to send catalogues, direct mail and samples of corporations that the Company finds acceptable.
- to create statistical data for marketing, sales promotions, and new product development, In this case, the private information will be used anonymously.
- to determine Member’s credit limit and to manage credit authorization and payments.
- for the Company to perform outsourced tasks to process all or part of private information.
- to send catalogues and direct mails, to introduce new products and services as well as to deliver relevant customer care to individuals whose personal information the Company obtained from other operators.
- to respond to inquires from Members * The Company may record voice interactions between Members and the Company for the improvement of the Company’s customer care skills and for accurate capture of Member inquiries.
- Member’s personal information and Member support Provision of personal information is voluntary. Should personal information for mandatory fields of a service order (paper/electronic) not be provided, the Member cannot be identified and his service request may not be fulfilled.
- Sharing of Member’s personal information
Company shall not provide or disclose personal information to a third party the Company has obtained from Members except in following cases:
when the Company has obtained Member’s prior consent and agreement,
- when the Company provides said personal information to, and shares it with its group companies for the purposes explicitly disclosed to Member, Affiliate information sharing: the Company’s group companies (note) Purpose of shared use: 1 through 6 of Article 3 Section 1 “for the use of obtained personal information” Personal information to be shared: including but not limited to name, address, telephone number, date of birth, gender, e-mail address and purchase history Responsible party for shared use: Lotus Gallery Co. Ltd. Method of personal information acquisition: through Membership application and service orders and from the Company’s computer systems (via paper and electronic media).
- To respond to inquiries by credit card issuers on fraudulent use of credit cards
- when required by authorities in accordance with laws and regulations.
- Disclosure of Personal Information by the Company Company shall not disclose or provide personal information obtained from a Member except in the following cases: (1) to subcontract outsourcing companies, with whom the Company has personal information non-disclosure agreement, to have personal information processed for the sole purpose explicitly disclosed to Member.
- Disclosure and correction of personal information (1) Member is expected to timely notify the Company via its Customer Care Center when his personal information has changed (2) The Company shall update it reasonably timely when Member requests disclosing and updating his own personal information. Please contact the Company for inquiries and update requests. (3) In principle, a disclosure or change of personal information requested by a Member’s family member is not accommodated, except when Member has entrusted the request to the family member or said request is for legal reasons.
- Member’s request to discontinue use and provision
(1) When requested by Member, the Company shall discontinue its use of requested personal information and provision thereof to its group companies. The minimum personal information, however, that is required for operation of the Company will not be discarded.
(2) Member can contact the Company to request e-mails, direct mails and telemarketing calls from the Company be discontinued.
Member must initiate any action to cancel mail magazine subscription and online account.
< For inquiries >
Customer care center for personal information
- Personal information to be disclosed
- Name of operator Lotus Gallery the Company Limited
- Personal information manager Representative: General Manager of Customer Care Center Contact: firstname.lastname@example.org
- Usage of all disclosed personal information The same as Article 3 Section 1 Paragraphs (1) through (8)
- Complaints pertaining the Company’s use/handling of personal information Contact:email@example.com
- the Company’s membership of accredited personal information protection organization TEL:(+852) 2368 2971 ( Business hours: Monday – Saturday 10:00-19:00 ) closed on Sunday
- Disclosure procedure As described in Article 3, Section 5
- Logs : The Company keeps a record, called access logs, of Member’s access to Website. Access logs are used with Member information for customer service improvement and for the purposes described in Article 3 Section1, as well as for root cause analysis of problems and statistical analyses of Website usage.
- Privacy protection at linked websites : The Company shall do its best to protect Member’s confidentiality. Privacy protection policy of a third party enterprise who is linked with the Website is beyond the Company’s control. Actions at the third party website shall be subject to the privacy protection policy of that the Company.
- SSL: The Company uses SSL (Secure Socket Layer) for encrypted transmission of personal information in membership registration, surveys, and alike to ensure personal information won’t be intercepted by a third party.
- Personal information to be disclosed
Article 4: (Data transmission security)
For the protection of private information, the encryption technology SSL shall be used to ensure security. The the Company, however, shall not be held responsible for security; in the event of any personal information leakage or other incident beyond the Company’s fault, neither the Company nor any credit card company shall be held responsible.
Article 5: (Internet System Outage)
During a computer system problem, system maintenance and other events necessary for operations of the Website, use of the Website may temporarily become unavailable without prior notification to Members. The Company shall not be held responsible for any damages incurred by Members arising from such unavailability of the system.
Article 6: (Change of contents)
Without prior notification to Members, the Company can change, halt, and discontinue its Website services and change the terms and conditions of this agreement.
Article 7: (Service Areas)
Members who can place orders through Website are limited to those who reside outside of Hong Kong. Merchandise delivery is also limited to addresses outside of Hong Kong. Please refer to “Countries and Regions of Merchandise Delivery” for specific service areas. www.domainname.com shall be used by Members residing in Hong Kong to have merchandise delivered to an address in Hong Kong.
Article 8 (Membership eligibility)
- A minor who is younger than 16 years of age is not eligible for Membership. When such a minor wishes to purchase a product on the Website, his parent or legal custodian will have to become a Member to make such purchase for him.
- Review of a service order by the Company may delay its shipping or result in rejection of the service order.
Article 9 (Order of a product)
- A product purchase transaction is deemed complete when a Member places an order, the Company reviews it and confirms inventory of the ordered item, and sends an shipping notice e-mail to the Member.
- Any order placed with a valid login ID and password shall be recognized as a valid order of the Member to whom said login ID and password belong regardless of circumstance.
- The Company shall not be held responsible when an order from Member was not received due to an internet problem or other reasons beyond the Company’s control.
- There may be cases when an order will not be fully or partly fulfilled even though there was inventory at the time the Member placed the order and he was able to complete his order.
- Confirmation mail sent from the Company is for the Company to acknowledge the membership application or service order and by no means represents the Company’s approval of such.
- The inventory on the Website is different from the inventory on www.domainname.com (hereinafter referred to NOL), a commerce site for customers residing in Hong Kong. Some merchandise may have inventory on NOL but not on the Website
- When part of an order becomes unable to fulfill the Company, without an advance notice to Member, fulfills the order by subtracting the value of unavailable product from the paid order amount. The product that was unavailable at the time of shipping will not be delivered [as part of the original order] when it becomes available. If Member still desires the product, he must place another order.
- Details of an order (e. g. size, color, quantity) as well as the delivery address or payment method cannot be changed once the order is accepted.
- Members are expected to research in advance the local laws and regulations pertaining to items that are forbidden to import. The Company shall not be held responsible in an event the ordered merchandise is confiscated or charged with high duty. The Company will not refund the product price or shipping fee for a return for the reasons described above.
Article 10 (Duties, taxes and Export Certificate)
- Depending on the local laws and regulations of the delivery address, duties, value-added taxes, customs fees, or additional delivery fees may be charged.
- Such fees and taxes are a responsibility of the recipient of merchandise and collected directly by the local postal service , customhouse or delivery service provider.
- The Company shall not be held responsible for delayed merchandise delivery due to problems related to customs clearance and/or its procedures.
Member must obtain for himself, if needed, an import/export certificate such as certificate of origin and export visa.
Article 11 (Payment method)
All orders shall be settled in Hong Kong dollars. The amounts in other currencies shown on the Website are approximate and for reference only. The exchange rate used on Website for prices in non-Hong Kong currency may be different from that used in the actual payment settlement.
Payment can be made by:
All PayPal payment methods except e-check are supported. For more detail, please contact Paypal.com. Usable credit cards: Visa, Master, JCB, American Express (single payment only)
For other payment method, e.g. bank transfer, please contact the Company for further details and arrangements.
Article 12 (Maximum amount per order)
- The amount of each day may not exceed two hundred thousand dollars, which is the sum of merchandise prices excluding shipping charges.
- The Company may telephone the Member who placed the order to verify the order details.
- The Company may not accept an order or revoke it in accordance with the Company policy.
Article 13 (Fulfillment)
- In countries and regions where merchandise can be delivered, an order shall generally be fulfilled in 2 to 7 working days when ordered products are in stock, with exception of the following cases:
The Company may not be able to make a delivery to Member or location he specifies in the order in the normal fulfillment schedule in the following cases.”
- When merchandise was not received for a reason attributable to the Member or the recipient.
- When reasons of the delivery service provider (e. g. legal holidays), transportation conditions, weather, and acts of god impact fulfillment.
- When order fulfillment substantially exceeded the Company’s initial forecast .
- When the delivery required additional time (e. g. delivery to a remote location)
- Delivery of merchandise shall be deemed completed when it was delivered to the recipient address that was specified in the order or on a later date. The Company shall not be held liable if the delivery was not completed due to a legal reason or the local laws and regulations. Should the return item be lost en route to the Company, Member shall be held liable (except when the loss is attributable to the Company).
- When the delivery is substantially delayed beyond the expected delivery date and when merchandise becomes sold out, the Company will notify the Member via e-mail or a phone call.
- The expected delivery date at the time of order assumes the order will be approved by the Company.
- When merchandise was not delivered due to inaccurate address information entered by Member, the Company shall not be held responsible for the outcome of said delivery attempt. Additional fees such as shipping fee will be charged on cost bases when re-delivery to the correct address is requested.
- The Company may combine multiple orders by the same Member to the same delivery address. In such case shipping fees will not be refunded.
Article 14 (Product Assurance)
Company seal and date of purchase are omitted in the “warranty card”. For unintentional damages that happened during delivery, the merchandise will be repaired or replaced free of charge under warranty. The date of purchase is shown under the Shipping Date on the Invoice.
Article 15 (Shipping and Handling)
- Shipping and handling fees are determined by the total amount of each order and the country/region of delivery, and include international package delivery charges and insurance. Additional fees will not be charged when a single order cannot be fulfilled in a single package due to a Company reason.
- Heavy items require additional charges beyond the normal shipping and handling. If merchandise requires separate shipping, the individual shipping charge will be added to the merchandise price. Shipping and handling fees are not itemized, only total amount of shipping and handling will be shown in the order.
- When the Member or the recipient refuses to accept the merchandise or it is returned by Postal Service for the storage period of undeliverable item having elapsed, the remainder of the order and shipping amount after the actual cost needed for the merchandise and return to the Company is subtracted shall be refunded. If such shipping and return cost exceeds the total merchandise and shipping price, the difference will be charged separately.
Article 16 (Return)
- Return of merchandise, when it was defective or different from the ordered item [incorrect fulfillment], will be accepted for 14 days of the delivery date (Company will bear the shipping cost for return.) Member shall bear the shipping cost for return when the return is for a reason attributable to Member. The recipient must contact the Company using the return request form on the Website within 14 days of the merchandise arrival. Only items the Company approves can be returned. (The item must be shipped back to the Company in accordance with the Company’s instruction, within 7 days of the Company’s approval.) the Company may not accept a return without proper authorization.
- Following returns are unacceptable. More than 15 days have elapsed since the delivery date. Merchandise that has been used. Merchandise that is missing the original container, bag, accessories, warranty cards, certificates or any other component of a set * A product set has to have all components of the set to be returned. Merchandise that was altered or cleaned for Member Merchandise that was damaged or soiled while in Member’s possession Marked down items.
- The same method used for payment of the order shall be used for refund of the returned merchandise and reimbursement of the return shipping costs. Note, however, the exchange rate for the refund may be different from that in invoicing, and Member may make profit or loss in the refund. Member shall not make a claim to the Company if he incurred an exchange loss. Please note that It may take as long as two months for a refund for an order paid with a credit card due to the invoicing and payment timing, and several days to up to 10 days for a Paypal order due to payment processing timing.
Article 17 (Exchange)
1. Exchange of merchandise, when it was defective or different from the ordered item [incorrect fulfillment], will be acceptable for 14 days of the delivery date (Company will bear the shipping cost for return.)
Merchandise cannot be exchanged for Member’s reasons.
Recipient must contact the Company using the exchange request form within 14 days of the merchandise arrival. Only items with Company approval can be exchanged. (The item must be shipped back to the Company in accordance with the Company’s instructions, within 7 days of the Company’s approval.) The Company may not accept the exchange without proper authorization.
Article 18 (Others) Company shall not be held responsible for delayed or failed merchandise delivery due to force majeure, changes of laws and regulations, transportation accidents, exercise of administrative authority, labor dispute and other incidents beyond the Company’s control.
Article 19 (Copyright)
Company owns copyright for contents including but not limited to photographs published on its Website and catalogues. Members are forbidden to copy, replicated, transmit, show in theater or use the Company’s copyrighted content for any purposes other than his personal use, without prior consent of the Company.
Article 20 (Governing Law, Judicial Jurisdiction, Other Legal Matters)
- Hong Kong laws and regulations shall be applied to disputes between the Company and Member and in legal interpretation of matters.
- Hong Kong business customary and relevant regulations shall be applied to matters not defined in this terms of service and disputes in interpretation of articles herein.
- In an event part of this terms of service be found invalid by local laws of Member’s residency the remainder of the said agreement shall remain valid.
- For a dispute between the Company and Member, Hong Kong District Court shall be the court of first instance. Article 21 (Sidenote) 1. Part of specification, design and country of origin of a product may change without prior notice.
Article 22 (Inquiry)
Please contact Lotus Gallery for inquiries
Effective date: NOV 1, 2012 (Revision: NOV 1, 2012)