Terms & Conditions
Before accessing or using the Website, please read the Agreement (in particular, these Terms and Conditions) carefully, as they affect your rights and liabilities under the law. Do not access or use the Website or our services if you do not agree to all of these Terms and Conditions. If you have any questions on the Agreement or any of these Terms and Conditions, please contact admin@SmartGiftShop.com
Use of the Website. The Website is provided to you for your use subject to these Terms and Conditions. By using the Website you agree to be bound by (i) the Agreement (in particular, these Terms and Conditions) and (ii) the Instagram™ Terms and Conditions. Although we will normally only refuse use of the Website if these Terms and Conditions are violated, we reserve the right to refuse use of the Website to anyone for any reason at any time.
Registering a SmartGiftShop Account. To register an account ("SmartGiftShop Account") on the Website, you must be over thirteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided on registration by updating your personal details in order that we can communicate with you effectively. We reserve the right to refuse registration of any account name that violates a trademark or may mislead other users. In addition, by registering with SmartGiftShop, you agree that we can use any of the address and/or contact method you provide to us (including information submitted when you place an order) for promotional purpose related to SmartGiftShop.
Password and Security. When you register for a SmartGiftShop Account, you will be asked to create a password. In order to prevent fraud, you must keep this password confidential. You must not disclose the password or share the password with anyone. If you know or suspect that someone else knows your password you should notify us or contacting us at admin@SmartGiftShop.com If the Company has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your SmartGiftShop Account
Your SmartGiftShop Account. You are solely responsible for maintaining the security of your SmartGiftShop Account, and you are fully responsible for all actions that occur under the account and any other activities taken in connection with the account such as sharing any images on the Website. You must not describe or assign keywords in your SmartGiftShop Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may remove your SmartGiftShop Account if any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability, harm or damages. We may also remove your SmartGiftShop Account if there has been no activity in the account for a period of [*].You may not use another's SmartGiftShop Account without permission. We must be immediately informed if there is any unauthorised use of your SmartGiftShop Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Although we will not be liable for your losses caused by any unauthorised use of your SmartGiftShop Account, you may be liable for the losses of ours of others due to such unauthorised use.
Your use of the Website. You may not use the Website for any of the following purposes:
You will be responsible for our losses and costs resulting from your breach of this provision.
Your Content on the Website. You are entirely responsible for the content (the "Content") that you submit, post and display on the Website, and any harm resulting from the submission, posting and display of the contents on the Website. These include, without limitation, posting material to the Website, posting links on the Website, commenting on the Website or otherwise making (or allowing any third party to make) material available via the Website. That is the case regardless of whether the Content constitutes data, text, files, information, images, screen names, graphics, photos, profiles, audio files, video files, audiovisual combinations, interactive features, musical works, works of authorship, applications, links, codes, scripts, computer software or other material. By making the Content available, you represent and warrant that:
We may, but has no obligation to, remove the Content and the SmartGiftShop Account(s) containing Content that, in our sole discretion, are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates the intellectual property rights or other proprietary rights of others, the Agreement (in particular, these Terms and Conditions) and the Instagram™ Terms and Conditions.
Our right to use Your Content on Website. We do NOT claim ANY ownership rights in the Content that you submit, post and display on or via the Website. By submitting, posting and displaying any Content on or via the Website, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, adapt, delete from, add to, publicly perform, publicly display, reproduce, transmit, store, translate, publish, broadcast, distribute, sell or otherwise exploit such Content, including without limitation, the adaptation, reproduction and distribution of part or all of the Content in any media formats through any media channels.
Visitors' Activities on the Website. We have not evaluated, and cannot evaluate, all of the Contents posted by visitors (i.e. persons assessing the Website and without a SmartGiftShop Account) to the Website ("Visitors' Contents"), and will not be responsible for the Visitors' Contents or their use or effects. By using the Website, we do not stand for or imply that we supports the Visitors' Contents, or that we believe such Visitors' Contents to be accurate, useful or without harm. You are responsible for taking precautions as necessary to defend yourself and your computer systems from bugs, viruses, worms, trojan horses, and other harmful or destructive content. The Website may contain Visitors' Contents that are offensive, indecent, or otherwise objectionable, as well as containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain Visitors' Contents that violate the privacy or publicity rights, or breach the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which are subject to additional terms and conditions, express or implied. We disclaim any and all responsibility for any harm resulting from the use by visitors of the Website, the submission, posting and display of Visitors' Content on the Website or from any downloading by those visitors of any Content on the Website.
Your Payment / Orders on the Website. The orders placed on the Website are subjecting to being charged with import fees, taxes, custom duties, related package handling fees and/or any other relevant charges required by the corresponding designated country and/or the organisation(s) that handle(s) the shipment / delivery of the orders. None of these charges are included in the price that you pay on the Website. Items cannot be sent as gifts, and your purchase may or may not have these charges, depending on the policies of the designated country and/or the organisation(s) that handle(s) the package. If any of the said charges apply, you may need to pay for them to the respective collection authority in advance of receiving your purchase. You should check with any related authority of your country (or the designated country of the order) for any charges required to receive the goods you order from SmartGiftShop. SmartGiftShop is not responsible for any of these charges, and would not refund on item(s) returned to us due to unaccepted / undelivered and/or any other reasons unless otherwise agreed with SmartGiftShop in advance
Furthermore, since custom-made products from SmartGiftShop are highly customised and tailor-made for individual customers, such products cannot be returned for a full refund. If you would like to return a custom-made product for any reason, such as but not limited to mistakes in picking photos used or there is a typo in the custom words on the product, please contact our customer service team to arrange a return. The item must be in unused condition with original packaging, and be sent back to our office with shipping fee prepaid (shipping fee is non-refundable). Once the returned item is received, fifty percent (50%) of your actual purchase price for the returned product will be refunded to the original payment account or as store credits. The discount applied to the remaining item of your order, if any, may also be adjusted accordingly if the discount is calculated based on the total order value and/or item count.
Shipping / Delivery of Your Order. The delivery type "Standard Shipping" is done via international registered articles while the type "Express Shipping" is sent via various courier services such as but not limited to FedEx, DHL Express.
The way the package is presented to the recipient will depend on the postal service provided in the designated country. Most of the time packages are delivered by postman to the address and require the recipient to sign to receive the package. However, this may not be applicable to some countries or particular areas in the country and recipients may sometimes be required to pick up the package from the postal service's office. Please contact the national postal service of your country to check the way packages are delivered.
Since shipping is often affected by the processing time of the Customs and delivery standard in the destination country, the estimated delivery date indicated on the Web site is strictly for reference only and shall not be regarded as a commitment. SmartGiftShop does not guarantee orders to be delivered by a particular time, and shall not be liable for any direct / indirect loss caused by delivery issues. If there is a necessity to check the status of the article in the destination country with local postal service, you will need to carry out the enquiry on your own and SmartGiftShop will not be responsible for any fees (such as communications) incurred.
Orders may or may not entitle free shipping. For the free shipping offer that SmartGiftShop provides, the type of delivery to be adopted will be "Standard Shipping" unless otherwise specified. Free shipping, if offered, will be applicable only to the first shipment of the order. If the first shipment is not received and a re-shipment is required, re-shipment fee will be required in such cases. Reasons for shipment being unable to receive may include but not limited to, wrong recipient information and/or address provided during checkout (which will appear in the order confirmation email), recipient unable to pick up the package from local postal service. Exemptions of re-shipment fee may be granted for situations such as article being lost by the postal service, or the product is found to be defective when received. All shipping fees paid are non-refundable.
Availability of the Website. Although we aim to offer you the best service possible, we make no promise that the services at the Website will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Website you should report it admin@SmartGiftShop.com and we will attempt to correct the fault as soon as it reasonably can. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
Third Party Websites. The Website includes links to other websites and webpages ("Third Party Websites"). We have not reviewed, and cannot review, all of the material made available through the Third Party Websites to which the Website links and that link to the Website. We do not have any control over the Third Party Websites, and will not be responsible for their contents, use, privacy policies, or practices. By linking to a Third Party Website, we do not represent or imply that we endorse such Third Party Website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. We disclaim any and all responsibility for any harm resulting from your use of the Third Party Websites
Copyright Infringement. As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to or from the Website violates your copyright, you are encouraged to notify us. We will use our reasonable endeavours to respond to all such notices, and if required or appropriate, remove the infringing material or disable all links to the infringing material. We may, but has no obligation to end a visitor’s permission to visit and use the Website if, under appropriate conditions, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Company or others.
If you believe that your intellectual property rights have been infringed by a user of our service, please provide us with a notification that contains the following information:
Changes. We reserve the right to amend the Agreement (in particular, these Terms and Conditions) from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any material changes in the Agreement (in particular, these Terms and Conditions) will be notified to you via the email address provided by you on registration or published via a suitable announcement on the Website. You should nonetheless periodically review the up-to-date version of these Terms and Conditions available at [*]. The changes will apply to the use of the Website immediately after such notice has been given. What constitutes a material change will be determined at our sole discretion. If you do not wish to accept any of the new Agreement, you must not continue to use the Website. If you continue to use the Website after the positing of the amendments on the Website, your use of the Website constitutes your agreement to be bound by the new Agreement (in particular, the new Terms and Conditions). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Agreement (in particular, the Terms and Conditions).
Termination. We reserve the right to suspend or cancel your SmartGiftShop Account at any time, without prior notice and in our sole discretion if you breach any of your obligations under these Terms and Conditions. If you wish to terminate your SmartGiftShop Account, you may inform us in writing at [email]. All provisions of the Agreement (in particular, the Terms and Conditions), which by their nature should survive termination, shall survive termination of the Agreement, including, without limitation, intellectual property, representations and warranties, indemnification, disclaimer of warranties, and limitations of liability.
Site Errors. In the event a product is listed on the Website at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information. We reserve the right to reject any orders placed on the site.
Indemnification. You agree to indemnify and hold harmless, to the fullest extent permitted under the applicable law, the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents from and against any and all claims, demands, disputes, actions, proceedings, causes of action, judgments, damagers, losses, liabilities, costs or expenses (including without limitation, attorneys’ fees and expenses, and all costs and expenses incurred in the recovery of the aforesaid amounts), arising out of your use of the Website, including but not limited to your violation of the Agreement (in particular, the Terms and Conditions) and the Instagram™ Terms and Conditions.
Disclaimer of Warranties. The Website is provided “as is”. We, our suppliers, licensors and licensees hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of any intellectual property rights, other proprietary rights or statutory requirements. Neither we nor our suppliers, licensors or licensees make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You will download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
SmartGiftShop's liability. You understand that when using the Website, you will be exposed to content from internet sites or sources outside the Website, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us with respect to the aforesaid, and, to the fullest extent permitted under the applicable law, agree to indemnify and hold harmless the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents to the fullest extent allowed by law regarding all matters relating to your use of the Website. Further, if we are in breach of these Terms and Conditions, we will only be responsible for any loss that you suffer as a result to the extent they are a foreseeable consequence to both we and you at the time you use the Website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption, but shall not limit or affect our liability resulting from any products sold through the Website being found to be unsafe or if something we do negligently causes death or personal injury.
Limitation of Liability. To the fullest extent permitted under the applicable law, in no event will the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents be liable with respect to any subject matter of the Agreement (in particular, the Terms and Conditions) under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, punitive losses or expenses or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid to us by you during the twelve (12) month period prior to the accrual of the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
Advertising and Sponsorship. Part of the Website may contain advertising and sponsorship material. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with the relevant law. We will not be responsible to you for any error or inaccuracy in advertising or sponsorship material posted on the Website.
International Use. We make no promise that material on the Website is appropriate or available for use in locations outside Hong Kong. Access to the Website from locations where its contents are by law illegal or unlawful is prohibited. If you choose to access the Website from locations outside Hong Kong, you do so on your own initiative and you will be entirely responsible for compliance with local laws.
No partnership. We and you shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.
Miscellaneous. The Agreement, including these Terms and Conditions, shall constitute the entire agreement between we and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorised executive of the Company, or by the posting on the Website of a revised version. Except to the extent the applicable law, if any, provides otherwise, the Agreement, any access to or use of the Website will be governed by the laws of Hong Kong, and the parties agree to submit to the non-exclusive jurisdiction of the Hong Kong courts. If any part of the Agreement is held invalid or unenforceable, it will be severed and the remaining portions will remain in full force and effect. A waiver by either party of any of these Terms or Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to and agrees to be bound by the Agreement. We may assign our rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Support Contact. Should you have any enquiry regarding your purchase, you can reach us by email admin@SmartGiftShop.com. Any returning products shipped to this address will not be processed or refunded unless otherwise agreed with our customer service team.