| 1. |
DEFINITIONS |
| 1.1. |
Definition of words and phrases |
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In this Agreement, the following words and expressions
shall have the following meanings:
"Bidder" means a person who bids for the Good in an auction pursuant
to this Agreement
"Good" means items offered for sale by a Seller pursuant to this
Agreement
"Hong Kong Dollars" means the currency currently in use in the Hong
Kong Special Administrative Region of the People's Republic of China
"Purchaser" means a Bidder who has made the highest bid in an auction
or a person who places an order for the Good pursuant to this Agreement
"Reserve Price" means the minimum price set by the Seller at which
he is willing to sell the Good
"Seller" means a person offering the Good for sale pursuant to this
Agreement
"Services" means the on-line shopping and auction platform and all
other services offered by Red-dots at this Site
"User" means and includes you, a Seller, a Purchaser, a Bidder and
any person using the Services
"Red-dots" means SUNeVision Red-dots Limited, a company incorporated
in Hong Kong |
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| 1.2. |
Genders and numbers |
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Unless the context otherwise requires references in
this Agreement to Clauses are to clauses of this Agreement, words
importing the singular only shall include the plural and vice versa
and words importing natural persons shall include corporations and
un-incorporated associations; words importing the masculine gender
only shall include the feminine gender and the neuter gender. |
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| 1.3. |
Headings |
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The heading contained in this Agreement are for the
purposes of convenience only and do not form part of and shall not
affect the construction of this Agreement or any part thereof. |
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| 2. |
Availability
of Services |
| 2.1 |
Availability |
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Any person wishing to use the Services as a Seller,
Bidder or Purchaser must first register as a member. |
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| 2.2 |
Registration of Membership |
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A User becomes a member by supplying all the requisite
information to Red-dots and clicking the "I Accept" button. Red-dots
reserves the right to reject any application for membership without
giving any reason therefor. |
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| 3. |
Eligibility for
Membership |
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Only natural persons of 18 years or above and having
full mental and legal capacity to enter into contracts and corporations
which are permitted by their constitution, bye-laws and Memorandum
of Association to enter into this agreement with Red-dots can apply
for membership. Red-dots reserves the right to reject or terminate
the membership of any person without giving any reason therefor.
You may not use the Services if you do not qualify. |
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| 4. |
Fees |
| 4.1 |
Schedule of Fees |
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The fees for use of the Services are set out in theSchedule
of Fees ("Fees") and such Fees structure are incorporated into
and deemed to form part of this agreement. Red-dots reserves the
right to change the Fees at any time and any such change in Fees
shall take effect on a date to be specified (which shall be not
less than 7 days after the initial posting of the revised Schedule
of Fees in these pages). All Users must check the Schedule of Fees
each time before they use the Services. |
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| 4.2 |
Payment of Fees |
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(a) |
The Fees shall be paid in the following manner:- (i)
where the User is a natural person, by direct debit by Red-dots
on the User's credit card account. For this purpose, the User hereby
authorizes Red-dots to debit his credit account for the payment
of such Fees as and when the same becomes due and payable; or (ii)
where the User is a corporation, payment shall be made to Red-dots
within 21 days of the date of the Statement of Fee issued by Red-dots
to the User,Provided that nothing herein contains shall affect Red-dots'
overriding right to demand payment of the Fees by the User (whether
a natural person or a corporation) by way of legal tender or otherwise
as Red-dots shall think fit. |
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(b) |
If any User fails to make timely payments, Red-dots
may suspend the User's membership or any Services until actual payment,
and such User shall, in addition, pay Red-dots on demand interest
on the amount outstanding at a rate of 2% per month, calculated
from the date on which the same becomes due for payment until the
date of actual payment, as liquidated damages and not as a penalty.
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| 4.3 |
Currency |
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Unless otherwise stated, all Fees are quoted in
Hong Kong Dollars.
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| 4.4 |
Other incidental costs |
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You are responsible for paying all applicable taxes
and for all hardware, software, service and other costs you incur
to bid, buy, procure a listing on this Site or access Red-dots'
servers. Red-dots may in its sole discretion add, delete or change
some or all of the Services at any time. |
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| 5. |
Function of Red-dots |
| 5.1 |
Red-dots as forum only |
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Red-dots is only providing the forum for Sellers to
sell the Good and for Bidders or Purchasers to bid for or purchase
the Good. |
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| 5.2 |
No warranty for goods offered |
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Red-dots expressly declares that it has not seen or
examined the Good and has no control whatsoever on the actual quantity,
quality, safety, legality or the fitness for any purpose of the
Good. Red-dots will not accept or assume any liability whatsoever
in respect of the Good. |
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| 5.3 |
No warranty of completion of sale |
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Red-dots does not warrant that any Seller or Purchaser
will complete the sale or purchase of the Good herein. All persons
are urged to be aware of the risk of dealing with foreign nationals,
underage persons or people acting under false pretense or persons
having no contracting capacities. |
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| 5.4 |
No warranty of identity of persons |
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Red-dots cannot and does not confirm the identity
of each User. You are therefore advised to be careful in dealing
with other Users to avoid fraud. You are encouraged to communicate
directly with such proper or competent authority or source for the
purpose of evaluating the person with whom you are dealing. Red-dots
takes no responsibility for any action or omission of any User. |
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| 5.5 |
No warranty as to accuracy of information |
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Red-dots does not control the information provided
by other Users which is made available through this Site. Red-dots
therefore makes no warranty as to the accuracy of any information
provided by any person through the use of the Services. |
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| 5.6 |
Release of Red-dots |
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In case of any dispute between Users or any dispute
arising from the use of the Services, Red-dots shall be released
from all liabilities claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with such disputes. |
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| 5.7 |
Costs of Red-dots |
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If Red-dots is required by you or by your order in
any litigation in which you are involved whether under subpoena
or order of the Court of any competent jurisdiction, including complying
with any order for discovery or attending court for giving evidence,
you shall bear all costs incurred by Red-dots in connection with
the provision of such service, including Red-dots' costs for taking
legal or other professional advice or representation (in all such
cases, the costs shall be calculated on an indemnity basis). |
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| 6. |
Provisions relating
to auction |
| 6.1 |
Obligation of Bidder |
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| (a) |
If you, as a Bidder, have made the highest
bid at the end of an auction at or above the Reserve Price,
you are obligated to complete the transaction.
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| (b) |
The Purchaser shall contact the Seller within
5 days of the close of the auction with a view to making
arrangements for the completion of the transaction.
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| 6.2 |
Obligation of Seller |
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If you receive one or more bids at or above any Reserve
Price previously stated by you, you are obligated to complete the
transaction with the Purchaser unless: |
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| (a) |
the Purchaser fails to contact you within
5 days of the close of the auction;
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| (b) |
the Purchaser fails to meet the terms of
payment as stipulated by you in your listing.
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| 6.3 |
Bids are not retractable |
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Bids are not retractable by the Bidder except in the
following exceptional circumstances: |
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| (a) |
the Seller materially changing the description
of the Good after your bid; or
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| (b) |
there is a significant drop in the ratings
of the Seller as a result of adverse comments from other
Bidders or Purchasers conducted with the same Seller.
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| Notwithstanding the foregoing, under
no circumstances is a Bidder allowed to retract his bid within
the last 6 hours before the closing of an auction. |
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| 6.4 |
Bid Restriction |
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| (a) |
If you have retracted your bid for any reason
in respect of a Good, you may not submit any further bid
in respect of the same Good in the same auction.
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| (b) |
If you choose to bid on any Good which is
offered to adults only, you are certifying that you have
the legal right to purchase the Good intended for adults
only.
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| (c) |
You shall not manipulate the price of the
Good by using a secondary account, an alias or third party
to bid for the Good.
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| 6.5 |
Return and exchange policies |
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The Good sold may or may not be returned depending
on your agreement with the Seller. All requests for return of the
Good shall be made directly to the Seller concerned and Red-dots
shall not be responsible for processing such requests. |
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| 6.6 |
Method of delivery and payment |
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The method of delivery is based on the arrangements
set by the Sellers. Good may be delivered to or collected by the
Purchasers by using Red-dots'
Customer Service Centre or by other methods specified by the Sellers.
Please refer to the Description and Shipping Terms of the Good.
The method of payment is based on the mutual agreement between the
Seller and the Purchaser and depending on the method of delivery. |
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| 7. |
Provisions relating to shopping |
| 7.1 |
Orders |
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The posting of information on the Good is only an
invitation to treat by the Sellers. By placing an order, the Purchaser
is making an offer to the Seller to purchase the Good. All orders
for the Good are subject to final acceptance by the Sellers. The
relevant Seller is responsible for fulfilling the purchase order
of the Purchaser. |
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| 7.2 |
Return and exchange policies |
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The Good sold may or may not be returned depending
on the return policies of each Seller. All requests for return of
the Good shall be made directly to the Seller concerned and Red-dots
shall not be responsible for processing such requests. |
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| 7.3 |
Method of delivery and payment |
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The method of delivery is based on the arrangements
set by the Sellers. Good may be delivered to or collected by the
Purchasers by using Red-dots'
Customer Service Centre or by other methods specified by the Sellers.
Please refer to the "Shipping Terms" of the Good. The payment for
the Good will be through the on-line payment gateway facilities
provided on this Site, which is governed by Clause 13.2. |
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| 8. |
Provisions relating
to Sellers |
| 8.1 |
Forbidden Dealings |
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| (a) |
In respect of an auction, you shall not :
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(i) |
E-mail or contact by any other means the Bidder in an open
auction being run by a different Seller, offering similar
or the same Goods at any price level (bid siphoning); |
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(i) |
manipulate the price of the Good offered by you, either
by using a secondary account, an alias or third party or by
self-bidding. |
| (b) |
You shall not offer for sale any
Good: |
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(i) |
which you do not have in possession of and which you are
not the legal and beneficial owner, or which you cannot sell
to the Purchaser free from all charges liens and encumbrances; |
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(ii) |
which is within Red-dot's Prohibited
Item List or which is in contravention of any law or regulations
governing the sale of the same; |
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(iii) |
the get-up, production and sale of which infringes any copyright,
patent, trademark, trade secret or other proprietary rights
or rights of publicity or privacy or any other form of property
or proprietary rights, whether intellectual or otherwise; |
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(iv) |
which contains defamatory, trade libelous, unlawfully threatening
or unlawfully harassing statements whether such statements
be in the form of words, drawings, photographs, 3-dimensional
representations or otherwise; |
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(v) |
which is obscene or contains child pornography; |
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(vi) |
the advertisement of which would contravene any law or regulations
governing the advertisements of such items, including in particular
tobacco advertisements (as defined in the Smoking (Public
Health) Ordinance of the Laws of Hong Kong). |
| (c) |
By offering the Good for sale on
this Site, you, as Seller, are warranting and undertaking
to Red-dots and all Purchasers that: |
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(i) |
you do not and will not engage in the forbidden dealings
set out in Clause 8.1 above; |
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(ii) |
the information supplied by you is correct and accurate
in all material respects and shall not (1) contain defamatory,
trade libelous, unlawfully threatening or unlawfully harassing
statements; (2) contain obscene material or child pornography
and, if it contains any Adults Only material or element or
is otherwise harmful to minors, it shall be posted only in
the Adults Only section and shall be distributed only to people
legally permitted to receive such content; (3) contain any
viruses, Trojan horses, worms, time bombs, cancelbots or other
computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; and
(4) contain any hyperlink unless permitted by Red-dots; |
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(iii) |
the Goods offered by you are not within theProhibited
Item List; |
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you will not post or offer or sell any Good which, by paying
to Red-dots any Fees, could cause Red-dots to violate any
applicable law, statute, ordinance or regulation. |
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| 8.2 |
Payment to Seller |
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In the case where you request Red-dots to collect
the payment of the Good on your behalf, it is expressly agreed that
if Red-dots is unable to arrange for payment of the Good to you
in accordance with the payment instructions given by you to Red-dots
and Red-dots has used commercially reasonable efforts to contact
you by phone or e-mail at the contact details you provided to Red-dots,
you are deemed to have waived your right to such payment and Red-dots
shall be entitled to forfeit such amount after the lapse of six
(6) months from the date of your payment instructions. |
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| 9. |
Use of Customer
Service Centre |
| 9.1 |
Provision of Customer Service Centre by Red-dots |
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Red-dots may, subject to the User paying the prescribed
Fees and agreeing to comply with the Terms
and Conditions for use of Customer Service Centre,
provide the use of Customer Service Centre to the Sellers for exhibiting
the Good and to facilitate the Seller and the Purchaser to complete
the sale. |
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| 9.2 |
Rights of Red-dots |
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Red-dots reserves the right to reject any application
for the use of the Customer Service Centre without giving any reason
therefor. |
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| 10. |
Privacy Policy |
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Red-dots' current Privacy
Policies are incorporated herein and form part of this User
Agreement. By registering to become a User and by logging-in to
use the Services, you agree to be bound by the terms set out in
these policies and agree to the use, disclosure and transfer of
your personal data in the manner set out therein. In particular,
you agree that Red-dots will include your user name in the feedback
channel on the Site (as described in Clause 11.1(a) below) which
enables other Users to make comments on your trade conduct as a
Seller, Bidder or Purchaser, and in the communication channel (as
described in Clause 11.1(b) below) which enables other Users to
send messages to you through this Site. By registering to become
a User, you acknowledge that other Users may make statements about
your conduct which you regard as untrue and you accept that Red-dots
cannot control such statements. You hereby waive any right you might
have against Red-dots in connection with such statements. |
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| 11. |
Feedbacks, Messages,
Forum and Bulletin Boards |
| 11.1 |
Feedback, Messages, Forum and Bulletin Boards |
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| (a) |
Red-dots will provide a channel on this Site
for feedbacks to be posted by the Users of this Site to
give comment on the trade conduct of any Seller, Bidder
or Purchaser with whom he has had dealings.
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| (b) |
Red-dots also provides a communication channel
which enables Users to send messages to other Users through
the Site, as well as areas which allow Users to exchange
comments or chat with other Users or upload and download
materials.
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| 11.2 |
Use of Feedback, Message, Forum and Bulletin Boards |
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| (a) |
You shall use the feedback channel for giving
genuine and bona fide comments on the trade conduct of any
Seller, Bidder or Purchaser with whom you have had dealings.
No User shall take any actions which may undermine the integrity
of the feedback system, such as: leaving positive feedback
for himself using secondary User ID's or third parties;
leaving negative feedback for other Users using secondary
accounts or third parties (feedback bombing); or leaving
negative feedback if a User fails to perform some action
that is outside the scope of the auction or shopping (feedback
extortion).
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| (b) |
When using the feedback or communication
channel, forum or bulletin boards, you are prohibited from
any posting, sending, transmitting, uploading or otherwise
publishing through Red-dots, any materials that (i) interfere
with anyone else's use of this Site; (ii) are abusive, illegal,
indecent, obscene, offensive or threatening in any way;
(iii) encourage anyone to break the law; (iv) violate anyone's
copyright or other property right; (v) interfere with the
privacy of any other use; (vi) contain a virus or other
harmful component; or (vii) contain false or misleading
statements of fact or descriptions of the origin of the
material or the communication.
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| 11.3 |
Red-dots' Disclaimer in respect of Feedback, Message, Forum, Bulletin Boards and other Users supplied materials |
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Red-dots does not and is under no obligation to monitor
or review the feedback and communication channel, forum, bulletin
boards, discussions, postings, transmissions and the messages posted
or sent through or on this Site and assumes no liability or responsibility
arising from the contents of any such communications or for any
defamation, error, inaccuracy, libel, obscenity or profanity contained
in any such communication. You hereby irrevocably and unconditionally
waive any claim against Red-dots for defamation, libel or whatsoever
arising out of any such communication. Red-dots may reject or remove
any User's material or conversations that are illegal, indecent,
obscene or offensive, or that violates the terms of this Agreement
in any way or request the User to make suitable amendments in order
to comply with the terms herein, and Red-dots reserves all the right
to claim damages and /or apply for other legal remedies in relation
thereto. |
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| 12. |
Rights of Red-dots |
| 12.1 |
Right to suspend or terminate the account of a User
without any compensation if such User shall be found to have: |
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| (a) |
breached the terms and conditions set out
in this agreement, or
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| (b) |
(by conviction, settlement, insurance or
escrow investigation, or otherwise) engaged in fraudulent
activity in connection with this Site
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| 12.2 |
Rights as regards materials supplied by a User |
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Red-dots shall have the absolute and unfettered right
to reject or remove any information or materials supplied by a User
without notice or compensation to the Seller. Without derogating
from this right, Red-dots shall have the right to reject or remove
any information or materials supplied if Red-dots shall consider
(without having to assign any reason therefor) that the information
or material, if published or continued to be published, would cause
Red-dots to incur any liability to third parties or would cause
Red-dots to be in breach of any law or regulations of any competent
jurisdiction or rights of third parties. |
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| 12.3 |
Right to withdraw Good |
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Red-dots shall have the absolute and unfettered right
to withdraw any Good without notice or compensation to a Seller.
Without derogating from this right, Red-dots shall have the right
to withdraw a Good if: |
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| (a) |
the Good is within Red-dots' Prohibited Items
List, which can be inspected here.
The Prohibited Items List may be updated by Red-dots from
time to time;
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| (b) |
the Seller is found to have breached the
terms and conditions set out in this agreement or the account
of the Seller is suspended by Red-dots pursuant to the terms
of this agreement;
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| (c) |
if Red-dots is unable for any reason whatsoever
to verify or authenticate any information provided by the
Seller.
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13.
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No Warranties |
| 13.1 |
This Site is provided by Red-dots on an "as-is" basis
and the only obligations on Red-dots are set out in this Agreement.
Red-dots gives no warranty or condition, express or implied other
than those expressly set out herein. Red-dots does not warrant that
the functions contained in this Site and the Services provided will
be uninterrupted or error free, that defects will be corrected,
or that this Site or its server are free of viruses or other harmful
components. Red-dots does not warrant or make any representations
regarding the use or the results of the use of this Site. Red-dots
specifically disclaims the implied warranties of title, merchantability,
fitness for a particular purpose and non-infringement of any rights
(intellectual or otherwise) in respect of any Good. |
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| 13.2 |
The payment gateway and the ancillary payment processing
facilities are provided to the Users for convenience only and Red-dots
gives no warranty, expressed or implied, in connection with such
facilities. Red-dots will in no event be liable for any loss, damages,
costs or expenses suffered or incurred by the Users arising out
of or as a result of any error and/or mistake and/or misstatement
in debiting or crediting credit card account of the Users as well
as any malfunction, failure, disruption, downtime, interruption,
miscalculation, delay, inaccuracy, loss or corruption of data, or
any other non-performance related to the payment gateway facilities. |
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| 14. |
Miscellaneous |
| 14.1 |
System Integrity |
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No User shall: |
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| (a) |
use any device, software or routine to interfere
or attempt to interfere with the proper working of this
Site or any auction being conducted on this Site;
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| (b) |
take any action which imposes an unreasonable
or disproportionately large load on the infrastructure of
this Site;
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| (c) |
disclose or share his/her password to any
third parties or use his/her password for any unauthorized
purpose.
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| 14.2 |
General Compliance with Laws |
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All Users shall comply with all applicable laws, statutes,
ordinances and regulations regarding his/her use of the Services
and any bidding on, listing, purchase and sale of the Good herein. |
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14.3
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No Agency |
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Nothing herein contained shall constitute or create
any relationship of agency, partnership, joint venture, employee/employer
or franchiser/franchisee between Red-dots and any Seller, Bidder
or Purchaser or other Users of this Site or the Services. |
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| 14.4 |
Notices |
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Except as explicitly stated otherwise, any notices
shall be given by way of E-mail, and in respect of the User, notices
shall be deemed given if sent to the E-mail address provided by
the User to Red-dots during registration process or such other address
as the User shall specify, or by posting such notices on this Site.
Alternatively, Red-dots may give notice to the User by pre-paid
ordinary post to the address provided to Red-dots during the registration
process. In such case, notice shall be deemed given 3 days after
the date of mailing. |
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| 14.5 |
Warning on currency fluctuations |
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The price of the Good and the bids made for the Good
is quoted and made in Hong Kong Dollars. The completion of the transaction
will also be conducted in Hong Kong Dollars. The Users are reminded
to take note that the exchange rate of Hong Kong Dollars against
other currencies may fluctuate from time to time and if any User
uses another currency as his base currency, the price of the Good
to him in such foreign currency may change from time to time. |
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| 14.6 |
Severability |
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Any provision of this Agreement prohibited by or unlawful
or unenforceable under any applicable law actually applied by any
court of competent jurisdiction shall, to the extent required by
such law, be severed from this Agreement and rendered ineffective
so far as is possible without modifying the remaining provisions
of this Agreement. Where, however, the provisions of any such applicable
law may be waived, they are hereby waived by the parties hereto
to the full extent permitted by such law to the end that this Agreement
shall be valid, binding and enforceable in accordance with its terms. |
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| 14.7 |
Governing Law and Jurisdiction |
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| (a) |
This Agreement shall be governed by and construed
in accordance with the laws of the Hong Kong Special Administrative
Region.
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| (b) |
In relation to any legal action or proceedings
arising out of or in connection with the use of this Site,
each of the relevant parties irrevocably submits to the
jurisdiction of the Courts of the Hong Kong Special Administrative
Region and waives any objection to Proceedings in any such
Court on the grounds that the Proceedings have been brought
in any inconvenient forum.
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| (c) |
The submission to the jurisdiction of the
Courts of Hong Kong as aforesaid shall not affect the right
of any other party to take Proceedings in any jurisdiction
nor shall the taking of Proceedings in any jurisdiction
preclude any other party from taking Proceedings in any
other jurisdiction.
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| 14.8 |
Language |
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This agreement is posted in both Chinese and English.
In case of any inconsistency between the two versions, the English
version shall prevail. |
Shopping Cart
