iCUBI Mall

Terms and Conditions

General Terms and Conditions

  1.                   Services

 

1.1   We are iCUBI Mall and we own and operate this website. Our website facilitates a convenient way for you to shop online around-the-clock over the Internet, including by using our applications or software.

1.2   By using our website you agree to be bound by the following terms and conditions. Please read them carefully.

1.3   The meaning of some words used in these terms and conditions:

1.3.1        “we”, “us” or “our” is a reference to iCUBI Mall.

1.3.2        “you” or “your” is a reference to the person to whom we are providing the Services or delivering Merchandise and who is required to pay for the Merchandise we delivered.

1.3.3        “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our Website.

1.3.4        “Merchandise” means the goods or services you have ordered through our Website, which is payable by you.

1.3.5        “Intellectual Property Rights” means any and all patents, trademarks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.

1.3.6        “Services” means the Services provided to you by us or Supplier pursuant to these General Terms & Conditions

1.3.7         “Supplier” means the supplier of the Merchandise you have ordered through our Website.

1.3.8         “Website” means iCUBI website located at www.iclubi.com, and any associated websites linked to it.

1.3.9         “User Content” has the meaning given in clause 10.1.

 

  1.                   Registration

2.1  You are required to register with us when you use the Services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.

2.2  You represent to us and to all Supplier of the Merchandise through our Website that all purchases made by you through our Website will be within the scope of your authority to enter into contracts.

2.3  In consideration of your use of our Services, you agree to:

2.3.1        provide true, accurate, current and complete information about yourself when filling out our registration form; and

2.3.2        maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your registration.

 

  1.                   Order

3.1  Except where otherwise specified, we are not the Supplier or manufacturer of the Merchandise. We are responsible for managing and administering the Website, arranging and processing orders and completing the purchase of the Merchandise you ordered from the Supplier through our Website.

3.2  When you place an order you agree to buy the Merchandise you have specified at the price stated for those Merchandise. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.

3.3  We will acknowledge your order to confirm that we have received your order by email. The confirmation email contains:

3.3.1        details of your order,

3.3.2        details of the price charged,

3.3.3        status of your order, and

3.3.4        estimated dispatch and delivery information.

Such confirmation email confirms our acceptance of your order. You may track your order status online.

3.4  The availability of the Merchandise shall be as shown online and the Websitewill be updated regularly. You acknowledge and agree that we cannot guarantee the availability of the Merchandise until we accept your order.

3.5  We reserve our right to refuse or cancel an order for any reasons at our sole discretion, including without limitation:

3.5.1        the Merchandise you have ordered is unavailable;

3.5.2        delivery cannot be arranged for your delivery address; or

3.5.3        the price of the Merchandise that you have ordered is incorrect due to human or computer error or other reasons.

3.6  If we cancel your order we will notify you by email and the value of the product will be refunded to the original payment method used to place the order as soon as possible but in any event within thirty (30) days of your order. You agree and accept that we will not be liable to compensate you for your dissatisfaction or disappointment or any loss or damage caused by or arising from such cancellation of your order.

3.7  Due to the different reactions, possibly allergic reactions that each person may have to different skincare or food products, when you submit your order, you understand and are willing to bear those risks. We shall not be liable for any loss or damages caused by or arising from any allergic reactions which you may suffer from the use or consumption of the Merchandise.

3.8  We shall not be liable to any damages to the Merchandise, personal injuries or illnesses due to improper storage of the Merchandise by you, including but not limited to change in humidity or temperature.

 

  1.                   Price and Payment

4.1  If an error is found before we accept your order, we will inform you of the same and seek for your confirmation before we accept your order.

4.2  If the price of the Merchandise is higher at the time we are ready to send our acceptance of your order to what it was at the time you submitted your order, we reserve the right to, at any time before our confirmation email is sent to you, of the following:

4.2.1        cancel your order, or

4.2.2        make price adjustments to the Merchandise.

4.3  We only accept payments made by Paypal account, VISA, MasterCard, AmericanExpress, Discover Card, Alipay, Unionpay and Tenpay. When you submit an order you authorise us to debit the credit card that you specified on your order for the amount of the order at the time we send our acceptance of your order.

4.4  We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by the payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.

 

  1.                   Delivery

5.1  We only make deliveries in the designated Regal /iclub Hotels of Hong Kong and the country of residence of the registered hotel guests from Monday to Friday except on the Hong Kong publicholidays and when typhoon signal No.8 or a black rainstorm warning is in effect. We reserve the right to decline delivery at our sole discretion.

5.2 Designated Hotels:

Regal Airport Hotel (9 Cheong Tat Road, Hong Kong International Airport, Chek Lap Kok, Hong Kong)
Regal Hongkong Hotel (88 Yee Wo Street, Causeway Bay, Hong Kong)
Regal Kowloon Hotel (71 Mody Road, Tsimshatsui, Hong Kong)
Regal Oriental Hotel (30 - 38 Sa Po Road, Kowloon City, Hong Kong)
Regal Riverside Hotel (34-36 Tai Chung Kiu Road, Shatin, Hong Kong)
iclub Fortress Hill Hotel (18 Merlin Street, North Point, Hong Kong)
iclub Sheung Wan Hotel (138 Bonham Strand, Sheung Wan, Hong Kong)
iclub Wan Chai Hotel (211 Johnston Road, Wan Chai, Hong Kong)

5.3  The Merchandise that you have ordered will be delivered to you by our staff or our third party provider(s) to the delivery address(es) provided by you. You agree to present your photo identification or travel documents upon request when you acknowledge receipt of the Merchandise. The Merchandise shall be, and shall be deemed to be, delivered and accepted by you when it is delivered to the delivery address provided by you as stated in the order. You agree and accept that we are entitled to charge you additional costs for re-delivery or cancel your order in the event of your failure to accept delivery for whatever reasons.

5.4  Unless otherwise specified, we will use all reasonable commercial endeavors to make delivery within scheduled delivery time after your order is accepted. Please visit “Delivery Service” for further information.

5.5  We may deliver your order of Merchandise in one or more instalments, and some of the Merchandise may be delivered directly from the Supplier. Theestimated time and date of delivery are for reference only, and they may be different than the actual delivery time.  If we are unable to meet any estimated delivery time, we will inform you as to the progress of your order. You agree and accept that no cancellation of order or refund by reasons of late delivery can be made.

5.6  Once Merchandise has been successfully delivered to your delivery address stated in the order:-

(1)   the ownership of the Merchandise shall pass to you; and

(2)   All risks and liabilities in respect of the Merchandise shall pass to you and we will not be liable for the loss or damage.

5.6  Unless otherwise specified, delivery charge will be imposed on each delivery. We currently offer free delivery service for designated Regal Hotels and iclub Hotels in Hong Kong. Please visit “Delivery Service” for further information.

 

  1.                   Returns

 

6.1  Unless otherwise specified, no return or exchange of Merchandise will be accepted.Please read the returns and refund policy carefully before you submit an order.

6.2  Subject to the returns and refund policy, you may request for a return of Merchandise within seven (7) days from the date of receipt of the Merchandise if the Merchandiseis faulty, defective or damaged (with no fault on your part), or the Merchandise is not what you have ordered, or there is an error in quantity, provided that:-

6.2.1        this returns and refund policy applies;

6.2.2        the Merchandise is unused and in the condition originally sold together with all parts and accessories which are provided with the Merchandise including manuals, certificates, labels, tags, consumables, bags, and boxes;

6.2.3        the packaging of the Merchandise must be in the condition in which it was delivered to you; and

6.2.4         Complete the Returns Note and attach the same to the outside of your parcel and post it to iCUBI Hong Kong Office within seven (7) days of receipt of the Merchandise. Please click here to download the Returns Note.

6.3  You agree and accepted that refunds will only be made to the original payment method used to place the order. You agree and accepted that if you decide to return an order that has been purchased with a discount code or reward points, the amount refunded will be the amount you paid for the Merchandise. If you paid with reward points, the reward points will not be resumed in your account.
You agree and accepted that if an account is terminated, all reward points will be cancelled.

6.4  You agree and accept that it will be at our sole discretion whether the Merchandise is accepted for return and refund. 

 

  1.                   Disclaimers and Limitation of Liability

 

7.1  We make no warranty or representation, whether express, implied, statutory or otherwise, to you of the following:-

7.1.1        access to our Website (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free;

7.1.2        our Website or any of its Content will be accurate, complete or reliable;

7.1.3        the level of due care and skill of the Services (whether such Services are provided by us); or

7.1.4        the non-infringement or fitness for any purpose or particular purpose of the Merchandise (whether such Merchandise is provided by us and even if that purpose has been previously notified to us).

7.2  You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.

7.3  To the extent permitted by law, we exclude all liabilities (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 or arising from the following: -

7.3.1        any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Website (including using our applications or software) or any information on our Website;

7.3.2        the unavailability of our Website (or any part of it) s;

7.3.3        any delay in providing, or failure to provide or make available, Merchandise or Services;

7.3.4        any Merchandise not fit for their intended purpose; or

7.3.5        any error in or relating to our Website, the Merchandise or Services.

7.4  Save as required by law:

7.4.1        we will not be liable under contract between us or otherwise for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of or for any damage caused by any Merchandise or failure of such Merchandise to perform and whether caused by tort (including negligence), breach of contract or otherwise, and

7.4.2        we will have no liability to pay any money to you by way of compensation except otherwise specified in these Terms and Conditions.

7.5  You must observe and comply with all applicable regulations and legislations, including obtaining all necessary customs, import or other permits to purchase Merchandise from our Website. We make no representation and accept no liability in respect of the export or import of the Merchandise that you have purchased.

7.6  If any of the above Disclaimers and Limitation of Liability cannot be excluded by applicable law or which can only apply to a limited extent, then to the extent to which we are entitled to do so, our maximum aggregate liability under these Terms & Conditions whether in contract, tort (including negligence), indemnity or otherwise shall be (1) the resupply of our Services or the Merchandise to you, or (2) in no circumstances exceed the amount payable by you to us in respect of the Merchandise in question, whichever we think appropriate.]

7.7  Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these Terms and Conditions.

 

  1.                   Warranties

 

8.1  You represent, warrant and covenant that you will not:

8.1.1        use our Website for any fraudulent or unlawful purposes;

8.1.2        use our Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;

8.1.3        interfere with or disrupt the operation of our Website or the servers or networks used to make our Website available; or violate any requirements, procedures, policies or regulations of such networks;

8.1.4        transmit or otherwise make available in connection with our Website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

8.1.5        reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our Website (including our applications or software);

8.1.6        modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Website (including our applications or software);

8.1.7        frame or mirror any part of the Website without our express prior written consent;

8.1.8        create a database by systematically downloading and storing the Content, User Content or any Website content; and 

8.1.9        Infringe any copyright, design right and Intellectual Property Right in the Merchandise.

 

  1.                   Content

 

9.1  The Intellectual Property Rights in all Content are owned, controlled or licensed by or to us. Except for the rights granted to you under clause 9.2, nothing in these Terms and Conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.

9.2  Subject to these Terms and Conditions, you may use the Content for your own personal and non-commercial purposes.

9.3  Unless you have our express written consent or you are expressly authorized by law to do so, you shall not:

9.3.1        use the Content for any commercial or other non-personal purpose;

9.3.2        make any copies of the Content or transfer the Content to any other device or any other person for commercial purposes; or

9.3.3        otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.

9.4  You acknowledge and agree that we may cease to supply any of the Content and Merchandise to you at our sole discretion if you are in breach of any of the terms of this clause.

9.5  We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the Content of advertisements appearing on our Website rests solely with the relevant advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We shall not be able for any loss or damage suffered as a result of or arising from reliance by you upon the accuracy of information contained on our Website.

 

         10.              User Generated Content


10.1  When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our Website (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the Website, including without limitation for the purposes of promoting and redistributing part or all of the Website in any media formats and through any media channel. Without limitation, the rights that you grant to us under this clause 10.1 include a right to grant each user of the Website a sub-licence to use the User Content to the extent permitted by the functionality of the Website from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.

10.2  You represent, warrant and covenant that:

10.2.1    you have the legal right and authority to grant the licence in clause 10.1 above;

10.2.2    you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in clause 10.1 above;

10.2.3    by exercising the license in clause 10.1 above, we shall not infringe the Intellectual Property Rights or other rights of any third party;

10.2.4    to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in clause 10.1 above;

10.2.5    the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our Website; and

10.2.6    at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.

 

         11.               Indemnity

 

You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damages, cost, expense (including legal expenses) or other liability which may be incurred by us caused by or arising out of any breach of the covenants, warranties, representations and agreements of these Terms and Conditions.

 

         12.              Linked Websites

 

Certain links, including hypertext links, on our Website will take you outside our Website. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or its content. We are not responsible for the content of any website outside our Website.

 

         13.              Termination


13.1We may terminate your access to our Website or registration immediately if you are in breach of any of these Terms and Conditions.

13.2Any rights that have accrued to either party at the date of termination will remain enforceable after termination. 

 

         14.              Intellectual Property


14.1All Intellectual Property Rights in the Content, User Content, and other materials on our Website and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any unauthorized use of the same without our prior written permission is strictly prohibited. 

14.2All trademarks, product names and company names or logos used in our Website are our property or that of their respective owners. 

 

          15.              General


15.1You acknowledge and agree that where in these terms representations and warranties are made to us and the Supplier through our Website, we and the Supplier may rely upon and enforce such representations and warranties made by you.

15.2We reserve the right at any time without notice to revise the Content of our Website (including the Services provided by us) and these Terms and Conditions. Any changes to these Terms and Conditions will be posted on our Website.  Such changes shall be effective [7] days from the date of publication on our Website, and by continuing to use our Website thereafter you agree to be bound by the revised Terms and Conditions. This right includes the right to change any of the documentation which forms part of these Terms and Conditions.

15.3We have made every effort to make it clear on our Website whether the quoted price of the Merchandise includes any relevant taxes or duty. Where in any case it may be unclear please note before you submit an order that you may be subject to pay relevant taxes or duty (e.g. value added tax) imposed by the Supplier or by operation of law that is in addition to the quoted price.

15.4We take privacy issues seriously. Our privacy policy covers our use of any information you provide. In using our Services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.

15.5We reserve the right at our sole discretion to deny users access to our Website or any part of our Website without notice and to decline to provide our Services to any user that is in breach of these Terms and Conditions.

15.6We shall not be liable to you for any breach of these Terms and Conditions or any failure to provide or delay in providing our Services through our Website or otherwise resulting from any event or circumstance beyond our reasonable control.

15.7If any clause of these Terms and Conditions (or any part thereof) is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall be severed from these Terms and Conditions and the remaining clauses or parts shall remain in full force and effect. 

15.8We may assign these Terms and Conditions or appoint any third party, including our group companies, to provide the Services to you on our behalf or to perform any of our obligations under these Terms and Conditions.

15.9You shall not assign or otherwise deal with its rights and obligations under these Terms and Conditions, whether in whole or in part without our written consent.

15.10              These Terms and Conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these Terms and Conditions. You are not entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these Terms and Conditions.

15.11              Failure to enforce any term of the contract between us shall not constitute a waiver of such term.  Such failure shall in no way affect the right to enforce such term in the future.

15.12              These Terms and Conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.

 

TheseTerms and Conditionsare written in English and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of these Terms and Conditions, the English version shall prevail.

   

Terms and Conditions for Coupon Code

Coupon Code

1. After received the coupon code, if iCUBI Mall members want to use the coupon code in the order, they must enter the code into the “Coupon Code” box on the “My Order” page before the order transaction completed.

2. Members can enter the designated coupon code upon purchase at iCUBI Mall to enjoy the discount described on the coupon.

3. Coupon code can only be redeemed before the expiry date described on the coupon, the code will not be valid after the expiry date and there will not be any re-issue of code. Any unused amount will be forfeited.

4. Only one discount code can be used per order.

5. Except for further terms described in the coupon, all coupon code can only be used for once.

6. All discount codes are not exchangeable, transferable or redeemable for cash or other product/gift.

7. In the event of any refund of the order with discount code being used, iCUBI Mall reserves the right to withdraw and cancel the designated discount code from the order, no refund / withdrawal of coupon code after redemption.

8. The discount codes are valid at iCUBI Mall only. iCUBI Mall reserves the right to change the terms and conditions or cancel any promotions at any time without prior notice.

9. In case of disputes, the decision of iCUBI Mall shall be final.

 

We reserve the right to terminate or vary the above offers. In the event of any dispute, our decision shall be final and conclusive.

 

These terms and conditions form the integral part of the General Terms and Conditions.

 

 Last Updated: 20 April 2016