Terms of service
Welcome to FairBuy.hk, a website owned and operated by FAIRBUY LIMITED. These Terms and Conditions of Use govern your use of the FairBuy.hk website, all subdomains thereof, and all social media and other platforms related to, or connected to, FAIRBUY LIMITED (the “FairBuy E-commerce Platform”). By using, visiting or shopping at the FairBuy E-Commerce Platform, you agree to be bound by these Terms and Conditions of Use, as well as other policies posted on the FairBuy E-Commerce Platform (all of which may be amended, modified and supplemented from time to time).
In these Terms and Conditions of Use, FAIRBUY LIMITED (and its holding company, its subsidiaries and associate companies) are referred to as “FairBuy”, FairBuy E-Commerce Platform is referred to as the “Site”, and these Terms and Conditions of Use are referred to as these “Conditions”.
FAIRBUY LIMITED is located in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). By displaying products on the Site, FairBuy is making an offer to sell such products only to those who are legally capable of accepting and do accept such offer in Hong Kong on the terms and conditions set out herein. If you place an order for products shown on the Site, your order will be deemed an acceptance in Hong Kong of such offer pursuant to these Conditions.
By using the Site, you agree to these terms and conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your use of the Site, to understand our practices.
When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site and other social media and other platforms, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available on the Site, such as text, graphics, logos, button icons, images, photographs, audio/video clips (if any), digital downloads, data compilations, and software is the property of FairBuy or its content suppliers and protected by Hong Kong and international copyright laws. The compilation of all content included in or made available on the Site is the exclusive property of FairBuy and protected by Hong Kong and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available on the Site are trademarks or trade dress of FairBuy. FairBuy's trademarks and trade dress may not be used in connection with any product or service that is not FairBuy's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FairBuy. All other trademarks not owned by FairBuy that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FairBuy.
LICENSE AND ACCESS
Subject to your compliance with these Conditions, and your payment of any applicable fees, FairBuy or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of any of the content of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of any of the content of the Site; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions are reserved and retained by FairBuy or its licensors, suppliers, rightsholders, or other content providers. No content of the Site, nor any part of any content of the Site, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FairBuy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FairBuy without express written consent. You may not use any meta tags or any other "hidden text" utilizing FairBuy's name or trademarks without the express written consent of FairBuy. You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by FairBuy shall terminate if you do not comply with these Conditions.
YOU AGREE THAT NONE OF FAIRBUY OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.
You may need your own FairBuy account to use the Site, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. FairBuy does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. FairBuy reserves the right to refuse service, terminate accounts, terminate your rights to use all or any part of the Site, remove or edit content, or cancel orders in its sole discretion and without prior notice to you.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FairBuy reserves the right (but not the obligation) in its sole and absolute discretion to remove or edit such content (and has the sole and absolute discretion to determine the nature of any posted content), but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant FairBuy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FairBuy and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FairBuy for all claims resulting from content you supply. FairBuy has the right but not the obligation to monitor and edit or remove any activity or content (in its sole and absolute discretion). FairBuy takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
FairBuy respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.
IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION
FairBuy’s product inventory available on the Site includes various types of masks, and product listings are constantly being changed and updated. FairBuy’s customers are located in various parts of the world. As a result, it is not practical for FairBuy to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law, including product safety and other regulations.
FAIRBUY MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE. IN ADDITION, PRODUCTS AVAILABLE ON THE SITE MAY NOT CONFORM TO PRODUCT SAFETY OR OTHER REGULATIONS IN ALL COUNTRIES.
BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED FAIRBUY TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE “IMPORTER” AND “INITIAL DISTRIBUTOR” OF THE PRODUCT TO SUCH COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS. YOU ACKNOWLEDGE AND AGREE THAT FAIRBUY’S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE GLOBALLY AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO THE COUNTRY TO WHICH YOU HAVE REQUESTED FAIRBUY TO SHIP PRODUCTS. IN NO EVENT WILL FAIRBUY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL FAIRBUY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN HONG KONG FOR ANY REASON, INCLUDING THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS.
By purchasing a product through the Site, customers outside of Hong Kong authorize FairBuy to make arrangements for clearance of customs on their behalf for the products they have ordered.
METHODS OF PAYMENT
FairBuy offers a variety of payment methods on the Site for the convenience of customers. Please note that each of the payment methods discussed below may not be available at all times. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.
If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT FAIRBUY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify FairBuy of any discrepancies within ten (10) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If FairBuy does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by FairBuy or its agents.
If payment is made by PayPal®, Alipay, WeChat Pay, or any other payment service accepted by FairBuy, the user agreement for such payment service, respectively, will govern your use of that service, and you must refer to that agreement and not these Conditions to determine your rights and liabilities as a member of such payment service. YOU, AND NOT FAIRBUY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR ACCOUNT BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify FairBuy of any discrepancies within ten (10) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes. If FairBuy does not receive payment through the relevant payment service, you agree to pay all amounts due upon demand by FairBuy or its agents.
FairBuy may also offer customers in certain jurisdictions the option to pay by cheque, direct deposit to specified bank accounts of FairBuy or cash on delivery (“COD”). Any fees payable in connection with any such methods, including any fees payable by FairBuy’s bank, must be paid by you. Unless otherwise specified on the Site, cheques must be made in Hong Kong dollars.
Unless expressly set forth on the Site, FairBuy does not accept any other payment form. If FairBuy offers or accepts any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such other form of payment.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. With respect to each of your purchases, FairBuy will automatically charge and withhold any applicable tax that it deems is required in any applicable jurisdictions.
All transactions conducted by or with FairBuy, including sales of items shown on the Site, issuance of gift certificates (if any) and credit for returned merchandise, are made in Hong Kong Dollars. Payment made by credit card, or any payment service in a currency other than Hong Kong Dollars will be converted to Hong Kong Dollars at the exchange rate determined by your credit card issuer, or such payment service. Please consult your credit card issuer agreement or the user agreement for such payment service for information regarding the determination of exchange rates by them. These exchange rates may include a “spread,” or amount payable to such payment service or the credit card issuer, which may result in the actual price paid being higher than the posted Hong Kong Dollar price. NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.
FairBuy does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than Hong Kong Dollars and such refund was made through the customer’s credit card, or a payment service, then the credit card issuer, or payment service would determine the applicable exchange rate at such time as provided above. In no event will FairBuy be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
RISK OF LOSS
All purchases of physical items from FairBuy are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
CANCEL ITEMS OR ORDERS
If permitted on the Site, you may cancel items or orders that haven't entered the shipping process yet. After receipt of such the cancelation, we'll send you a confirmation message by electronic communication.
If you have not received your items or orders within sixty (60) days, you are allowed to apply for cancellation of your items or orders for a full refund subject to any transaction fees. To exercise this right you may at any time contact us as provided under “How To Contact Us” below.
RETURNS, REFUNDS AND TITLE
Title to products and risk of loss of products, passes to you upon delivery to the common carrier selected by FairBuy to deliver your order. You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of FairBuy’s agreement to sell products to you.
FairBuy does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, FairBuy does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
PRODUCT DESCRIPTIONS, PERFORMANCE AND SAFETY
FairBuy attempts to be as accurate as possible. However, FairBuy does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product offered by FairBuy itself is not as described, your sole remedy is to return it in unused condition for a full refund (subject to any transaction fees).
FairBuy also attempts to work only with manufacturers that observe, and sell only products that fulfil, Hong Kong safety and performance standards and requirements under the laws of Hong Kong. However, FairBuy does not warrant that any product available on the Site will meet any particular safety or performance standard or requirement. If a product offered by FairBuy itself does not meet any particular safety or performance standard or requirement, your sole remedy is to return it in unused condition for a full refund (subject to any transaction fees).
With respect to items sold by FairBuy, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by FairBuy is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process.
SANCTIONS AND EXPORT POLICY
You may not use the Site if you are the subject of Hong Kong sanctions or of sanctions consistent with the laws of Hong Kong imposed by the Government of Hong Kong where you are using the Site. You must comply with all Hong Kong or other export and re-export restrictions that may apply to goods, software, technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY FAIRBUY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FAIRBUY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. FAIRBUY MAKES NO GUARANTEES OR WARRANTS TO THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY’S CONFORMANCE, OR THE CONFORMANCE OF ANY THIRD PARTY’S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION OR POLICY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, FAIRBUY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FAIRBUY DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, FAIRBUY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FAIRBUY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE. TO THE FULL EXTENT PERMISSIBLE BY LAW, FAIRBUY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute, controversy or claim relating in any way to the Site (including, without limitation, your visit to and use of the Site), or to any products sold or distributed by FairBuy or through the Site will be resolved by confidential binding arbitration under the laws of Hong Kong, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Hong Kong Arbitration Ordinance (Cap. 609) applies to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions as a court would.
Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof. The arbitrator shall state the reason upon which the award is based.
This Site is controlled, operated and administered by FairBuy (or its licensees or agents) from its offices within Hong Kong and is not intended to subject FairBuy to the laws or jurisdiction of any state, country or territory other than that of Hong Kong. By visiting the Site, you agree that the laws of Hong Kong, without regard to principles of conflict of laws, will govern these Conditions and any dispute of any sort that might arise between you and FairBuy.
ALL USE OF THE SITE, SUBMISSIONS, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE SITE AND TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF HONG KONG.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Room 1705, 17/F,
iPlace, 303 Castle Peak Road
Kwai Chung, N.T.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please contact us as provided under “How To Contact Us” below with the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that your claim has been infringed upon;
- A description of where the material that your claim is infringing is located on the Site;
- Your address (including country), telephone number and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.