Terms of Services
- AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.1 Terms & Conditions
The purchaser of the items described herein shall purchase the said items from Invisible Fun Studio Limited (hereinafter referred to as “IFS”) on the following terms and conditions:
- Placement, Acknowledgment and Confirmation of Purchase Order
- The purchaser by placing / confirming this order agrees that the terms and conditions contained herein shall apply and be binding on the parties hereto; and
- The purchaser shall be bound by the terms and conditions of this order only if :
- This order shall be properly completed and delivered to IFS; and
- An acknowledgement and subsequent confirmation of this order shall have been delivered to and received by the purchaser.
- Changes to Purchase Order
- The purchaser shall be at liberty to make changes to this order, provided that the said changes shall have been delivered to and received by IFS two (2) working days prior to the delivery date;
- IFS shall, in the event that the said changes could not reasonably be complied with, inform the purchaser immediately and the parties hereto shall then enter into discussions in good faith for the purpose of resolving any outstanding issue to the mutual satisfaction of the parties hereto.
- Order Confirmation
- After placing an order, your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us; and
- For Appliances order, IFS representative will contact you within reasonable time upon receipt of the order to confirm stock availability and other arrangements on delivery, site-measurement and installation; and
- Stock availability and fulfilment subject to decision of IFS. Purchaser accepts a refund in order that stock couldn’t be allocated.
- IFS shall contact the purchaser for delivery arrangements prior to the delivery date and the purchaser shall avail himself to receive delivery in accordance with the agreed delivery schedule; and
- delivery shall be effected by IFS according to the quantities, within the agreed delivery schedule and at the prescribed costs. Please refer to Delivery Information; and
- in the event that delivery shall not be effected according to the quantities referred to in this order and or within the agreed delivery schedule, the purchaser may in his absolute discretion either cancel this order without liability to IFS or extend the time for delivery without prejudice to the rights and or remedies which the purchaser may have at law and under this order against the vendor for non-delivery and or for any other damage and or loss incurred by the purchaser.
- For the purposes of clarification and or avoidance of doubt, the purchaser accepts that delivery times shall be estimation only, that no claim shall be lodged against IFS for late delivery and that cancellation of this order shall not be permitted by reason only of late delivery.
- Site-measurement and Installation
- Site-measurement and installation service is available to customers purchasing appliances supplied by IFS at the prescribed costs. Please refer to Site-measurement and Installation Information.
- Transfer of Risk and Title
- The purchaser agrees that risks and title to the items shall be transferred to the purchaser upon delivery by IFS and receipt by the purchaser.
- Cancellations and Returns
- IFS accepts that the purchaser may request for cancellation of this order or to return the items purchased. Please refer to our Cancellation and Return Policy for further information.
- IFS, by the acceptance of this order and delivering the items purchased, hereby warrants that the standard items delivered shall be free from defects in material and or workmanship for a continuous period of twelve (12) months. No warranty will be provided for clean and care, spare parts and accessory; and
- IFS warrants that the sale and delivery of the items in this order shall comply in all respects with the laws of Hong Kong Special Administrative Region having full force and effect at the material time; and
- IFS makes no warranty that its online purchase site shall be free from bugs and available at all times. IFS shall make all reasonable efforts to procure the availability of the said site without inherent defects to the extent possible.
- Applicable Laws
- The above mentioned terms and conditions shall be governed by the applicable laws of Hong Kong Special Administrative Region.
1.2 Delivery Information
Delivery times are intended to be estimation only. We shall endeavour to meet your preferred delivery times, subject to the availability of the schedule of our delivery service providers.
For rescheduling of the delivery date and/or time, the Customer shall notify IFS at least two (2) working days prior to the delivery date;
Failure to receive delivery or collect the item(s) purchased within a specified time shall compel us to void your purchase and we shall in that event cancel your purchase order and refund the purchase price after deductions for our administrative charges (at $500 or 2% of the total value of your purchase, whichever shall be the higher). Administrative charges do not apply to clean and care, spare parts and accessories;
Additional charge applies if additional efforts are required to perform the delivery service (climbing stairs, lifting the appliance, etc.), to be agreed by both customer and service provider on site. Please refer to Additional Delivery Charges for more information. Additional charge do not apply to clean and care, spare parts and accessories;
In the event of a Red or Black Rainstorm Warning / Tropical Cyclone Warning Signal No. 8 or above, the delivery service will be suspended and rescheduled. IFS shall not be liable for any delay, suspension or rescheduling due to traffic or adverse weather conditions or other factors;
You shall, upon receipt of delivery of the item(s) purchased, conduct a visual inspection of the same to ensure that you shall have received the item(s) as purchased. Please contact us immediately in the event of any discrepancy.
1.3 Site Measurement and Installation Information
Site-measurement or installation services could be provided to customers purchasing appliances supplied by IFS and are subject to charges. Site-measurement service at customer sites is available and is recommended to take before purchase to ensure proper forthcoming delivery and installation arrangement on our products.
The site-measurement or installation request may be submitted either by phone through our customer contact hotline or email.
IFS is not liable for any loss or damage to product/s which occurs through installation of the product/s by parties other than IFS.
1.4 Cancellation and Return Policy
- A Cancellation Request may be submitted either by phone through our customer care hotline or service email.
- If your order is cancelled on or less than two (2) working days before delivery date, an administrative fee of $500 or 10% of the recommended retail price or promotion price (if applicable) of the product, whichever is higher is applied. Administrative fees do not apply to clean and care, spare parts and accessories. This administrative fee could be waived if cancellation of order is supported by proven unsuccessful site condition result upon taken IFS’s site-measurement service.
- Order cancellation refund on payment (less the applicable administrative fee) will be refunded within thirty (30) days to the credit card used to place the order.
- A product may be returned at any time up to 14 calendar days from the day the product is delivered, subject to IFS’s prior approval and a return fee of $500 or 10% of the recommended retail price or promotion price (if applicable) of the product, whichever is higher. Electronic spare parts (which shall include all modules), clean and care, spare parts and accessories are strictly non-returnable.
- All returned products must be in the original packaging (including IFS barcodes), un-used and in a re-saleable condition. We shall be at liberty to refuse a return in the event that the product is unpacked, damaged and or used.
- A return request may be submitted either by phone through our customer contact hotline or service email.
- When a Return Request has been accepted, we will make a refund of your payment (less the applicable return fee) by cheque within thirty (30) days, from the date of receiving the Customer Refund Application form.
- INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
- USER REPRESENTATIONS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
- PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Site to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
- USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- CONTRIBUTION LICENSE
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
- SITE MANAGEMENT
- TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
- GOVERNING LAW
These Terms shall be governed by and defined following the laws of Hong Kong. Invisible Fun Studio Limited and yourself irrevocably consent that the courts of Hong Kong shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
- DISPUTE RESOLUTION
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Hong Kong, Hong Kong. The language of the proceedings shall be English, Cantonese. The governing law of the contract shall be the substantive law of Hong Kong.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Invisible Fun Studio Limited
Unit 08, 6/F, Yuen Fat Industrial Building
25 Wang Chiu Road
Kowloon Bay, Hong Kong
Phone: 3565 6050