Terms & Conditions
TERMS AND CONDITIONS
Welcome to
JackieChanDesign.com, a website owned and operated by Jackie Chan Design, a subsidiary of The JC Group Hong Kong. These Terms and Conditions
govern your use of the JackieChanDesign.com website. By using, visiting or
shopping at JackieChanDesign.com and all subdomains thereof, you agree to be
bound by these Terms and Conditions, as well as the other policies posted here
on the JackieChanDesign.com website.
In these Terms and Conditions, Jackie
Chan Design will be referred to as "JC Design", and the
JackieChanDesign.com website and all its subdomains thereof are referred to as
the "Site".
Jackie Chan Design is located in Hong Kong. By
displaying products on the Site, JC Design is making an offer to sell such
products only to those who are legally capable of accepting, and do accept,
such offer in Hong Kong on the terms and conditions set out herein. If you
place an order for products shown on the Site, your order will be deemed an
acceptance in Hong Kong of such offer according to these Terms and Conditions.
USE OF THE SITE - License and Site Access
JC Design grants you limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of JC Design, Jackie Chan Limited, or The JC Group, HK. JC Design also grants you limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Site so long as the link does not portray JC Design in a false, misleading, derogatory or otherwise offensive way.
Prohibited Uses of the
Site
The licenses set forth in these Terms and Conditions do not include
any rights to:
• Interfere
or attempt to interfere with the proper operation of the Site;
• Bypass
any measures used to prevent or restrict access to any portion of the Site;
• Use any
robot, spider, data-miner, scraper or other automated means to access the Site
or its systems for any purpose or to copy, probe, test or monitor any portion
of the Site, or in any way reproduce or circumvent the navigational structure or
presentation of the Site, or to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available by JC
Design through the Site;
• Take
any action that imposes an unreasonable or disproportionately large load on the
infrastructure of the Site or any of the systems or networks comprising or
connected to the Site;
• Compile,
repackage, disseminate or otherwise use data available on or extracted from the
Site, including product information and prices;
• Reproduce,
record, retransmit, sell, rent, distribute, publish, post or perform any of the
content of the Site;
• Modify,
download (other than page caching), reproduce, copy or resell the Site, the
content or any portion or derivative thereof;
• Copy or
download any account information of any user of the Site for the benefit of any
other person or entity;
• Frame
or utilize framing techniques to enclose any trademark, logo or other
proprietary information (including images, text, page layout or form) of JC
Design;
• Use JC
Design’s name, trademarks, service marks or logos in any meta tags or any other
"hidden text"; or
• Use JC
Design’s logo or other proprietary graphic or trademark as part of a link
without express written permission.
Each of the foregoing is expressly prohibited without prior written consent from JC Design. Any unauthorized use of the Site or any portion or derivative thereof by, on behalf of or through you shall terminate any license or permission granted to you by JC Design.
Termination of Access
You
agree that JC Design may, in its sole discretion and without prior notice to
you, terminate or suspend your access to all or any part of the Site and your
Site account without notice, for any reason, including without limitation: (1)
attempts to gain unauthorized access to the Site or assistance to others
attempting to do so, (2) attempting to overcome software security features
limiting use of or protecting any content available on the Site, (3)
discontinuance or material modification of the Site or any service available on
or through the Site, (4) violations of these Terms and Conditions or applicable
law, (5) failure to pay for purchases, (6) suspected or actual copyright or
trademark infringement, (7) unexpected operational difficulties, or (8)
requests by law enforcement or other government agencies. YOU AGREE THAT NONE
OF JC DESIGN, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES,
OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES (EACH A "JC
DESIGN PARTY") WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION
OF YOUR ACCESS TO THE SITE.
INTELLECTUAL PROPERTY RIGHTS; USER CONTENT
Copyright
All
content included on the Site, including, without limitation, text, articles,
graphics, logos, user interfaces, button icons, images, photographs, audio
clips, and video clips ("Content") is the property of JC Design or
its licensors, product suppliers or content suppliers (including users who
supply Content) and is protected by applicable copyright laws. The design,
selection, arrangement, coordination and compilation of all Content on the Site
are the exclusive property of JC Design and are protected by applicable
copyright laws.
Trademarks
Jackie Chan Design, JC Design,
JackieChanDesign.com, The JC Group, JC Action & Power, JC Stunts, JC Stunts
Sports, Jackie Chan and JC trademarks, registered trademarks or service marks
of JC Design, Jackie Chan Limited, and The JC Group. All rights are reserved. These and other
trademarks, service marks, graphics, logos and trade dress of JC Design on the
Site may not be used without the prior written permission of JC Design, Jackie Chan Limited, or The
JC Group. Without limiting the foregoing, no JC Design trademark, service mark
or trade dress may be used in connection with any product or service that is
not JC Design's, in any manner that is likely to cause confusion among users or
customers, or in any manner that disparages or discredits JC Design.
IMPORTANT
NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES, REGIONAL INTELLECTUAL
PROPERTY RIGHTS AND PRODUCT REGULATION
JC Design's product inventory
available on the Site includes thousands of products, and product listings are
constantly being changed and updated. JC Design's customers are located in
various parts of the world. As a result, it is not practical for JC Design to
confirm whether import and sale of any of these products may conflict with
local exclusive distribution rights in effect from time to time or otherwise
constitute a violation of local law, including product safety and other
regulations.
PRODUCTS SOLD ON THE JC DESIGN SITE ARE GENUINE AND LEGITMATE.
IMPORT AND SALE OF PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE
PERMISSIBLE IN ALL COUNTRIES AS A RESULT OF LOCAL CUSTOMS REGULATIONS AND OTHER
LOCAL LAWS. IN ADDITION, PRODUCTS AVAILABLE ON THE SITE MAY NOT CONFORM TO
PRODUCT SAFETY OR OTHER REGULATIONS IN ALL COUNTRIES.
BY PURCHASING A PRODUCT
THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT
COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED JC DESIGN TO
SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE
"IMPORTER" AND "INITIAL DISTRIBUTOR" OF THE PRODUCT. YOU
ACKNOWLEDGE AND AGREE THAT JC DESIGN'S ROLE IS TO PRODUCE JACKIE CHAN BRANDED
PRODUCTS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR
PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO THE COUNTRY TO WHICH YOU HAVE
REQUESTED JC DESIGN TO SHIP PRODUCTS. IN NO EVENT WILL JC DESIGN OR ANY OTHER
JC DESIGN PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY
COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR ANY REASON,
INCLUDING THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, CUSTOMS
REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES, COPYRIGHT AND TRADEMARK
LAWS AND PRODUCT SAFETY LAWS.
By purchasing a product through the Site,
customers outside of Hong Kong authorize JC Design to make arrangements for
clearance of customs on their behalf for the products they have ordered.
PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE
Methods
of Payment
JC Design offers PayPal® as the current form of
payment.
By using PayPal®, the User Agreement for the PayPal service
will govern your use of that service, and you must refer to that agreement and
not these Terms of Use to determine your rights and liabilities as a PayPal
member. YOU, AND NOT JC DESIGN, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED
AMOUNTS BILLED TO YOUR PAYPAL ACCOUNT BY A THIRD PARTY. You agree to pay all
fees and charges incurred in connection with your purchases (including any applicable
taxes) at the rates in effect when the charges were incurred. Unless you notify
JC Design of any discrepancies within sixty (60) days after you first receive
notice thereof, you agree that they will be deemed accepted by you in all
respects and for all purposes. If JC Design does not receive payment through
the PayPal service, you agree to pay all amounts due upon demand by JC Design
or its agents.
JC Group may also offer customers in certain jurisdictions the
option to pay by check, money order or direct deposit to specified bank
accounts of JC Design and/or The JC Group. If any of these options is
available, more information and applicable terms and conditions will be
included in Customer Service - Payment. Any fees payable in connection with any
such methods, including any fees payable by JC Design's bank, must be paid by
you. Unless otherwise specified on the Site, checks and money orders must be
made in HK dollars.
Unless explicitly stated on the Site, JC Design does not
accept any other form of payment. If JC Design offers or accepts any other form
of payment, you hereby agree to all restrictions, terms and conditions
associated with such other form of payment.
Please refer to Customer Service -
Payment for more information regarding JC Design's policies and procedures
relating to customer payments.
Taxes
You are responsible for paying any
governmental taxes imposed on your purchases, including, but not limited to,
sales, use or value-added taxes.
Currencies
All transactions conducted on the JC
Design Site, including sales of items shown on the Site are made in HK
Dollars.
Payment made by PayPal® in a currency other than HK Dollars will be
converted to HK Dollars at the exchange rate determined by your credit card
issuer or PayPal. Please consult your credit card issuer agreement or the User
Agreement for the PayPal service for information regarding the determination of
exchange rates by them. These exchange rates may include a "spread,"
or amount payable to PayPal or the credit card issuer, which may result in the
actual price paid being higher than the posted HK Dollar price.
NO REFUNDS
WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.
JC Design
does not provide cash refunds to customers. However, in the event that any such
refund were to be made in the future to a customer who had previously paid in a
currency other than HK Dollars and such refund was made through the customer's
credit card or PayPal®, then the credit card issuer or PayPal would determine
the applicable exchange rate at such time as provided above.
In no event will
any JC Design Party be liable for fees or charges payable in connection with
currency exchange or for any losses incurred as a result of fluctuations in
currency exchange rates.
PRODUCT DESCRIPTIONS, INFORMATION AND PRICES
Product
Descriptions
Descriptions of products on the Site are provided as
accurately as possible at the time of publication. JC Design is not responsible
for any damage or disfiguration of products caused by postal handling. However,
if you purchase a product from JC Design that is not as described on the site,
you should contact JC Design at first instance and arrange for the product to
be returned in UNUSED CONDITION for a replacement or credit in the amount of
the purchase price.
JC Design has made every effort to display the colors of products on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, JC Design cannot guarantee that your monitor's display of any color will be accurate.
Prices
JC Design
cannot confirm the price of a product until you place an order. It is possible
that the price for a product may increase or decrease between the time that the
product is placed in the "shopping cart" and the time the purchase is
actually made. Furthermore, despite JC Design's best efforts, a small number of
the products on the Site may display incorrect prices. If the price for the
product on the Site is incorrect and is actually higher than the price provided
at the time of purchase, then, at the sole discretion of JC Design, may either
(a) contact you for instructions before shipping the product or charging you
for such product or (b) cancel the order for such product and notify you of
such cancellation.
JC Design will have the right to cancel any orders for
products that have been listed at an incorrect price or that contain other
incorrect information or typographical errors or that are unavailable for any
reason. JC Design and The JC Group will have this right regardless of whether
the order has been confirmed or your credit card or other payment service has been
charged. If your credit card or payment service has already been charged for
the purchase and your order is cancelled, JC Design will immediately issue a
refund to your credit card or PayPal® account in the amount of the charge.
ORDER
PROCESSING, SHIPMENT, RETURNS, WARRANTIES
Order Acceptance
The
offer and acceptance of orders will be subject to the Terms and Conditions. JC
Design may confirm its receipt of your acceptance by sending a confirmation to
the e-mail address that you provide.
Shipment
Title to products, and
risk of loss of products, is passed to you upon delivery to the common postage
carrier selected by JC Design to deliver your order.
You are obligated to take
delivery of any products you order notwithstanding that the quantity delivered
may be less than the quantity ordered, provided that any amount charged to you
shall be adjusted to reflect such lower quantity. Any such discrepancy in
quantity shall not be deemed a material change of the terms of sale nor a breach
of JC Design's agreement to sell products to you.
Returns
JC Design
accepts returns of certain defective products for replacement or refund
(depending on the type of product) in accordance with the Terms and Conditions.
JC Design's policy regarding returns of non-defective, non-damaged products is
also set forth at Customer Service – Returns.
Replacement of returned products will be made in accordance with the Return and Refund Policy. Any refunds will be made to your credit card or PayPal® account in the amount that was charged. In no event will refunds be made in cash.
OTHER ISSUES
User Privacy; Data Security
Please
review JC Design’s Privacy Policy, which explains in detail JC Design’s
practices with respect to usage and handling of user information.
You
acknowledge and agree that the Site is a public space. Further, you acknowledge
that any personal information you submit to the Site may be seen and used by
others. No JC Design Party is responsible for information that you or others
choose to submit to the Site, or for your actions or the actions of other
users. JC Design and/or The JC Group may remove or alter any information or
Content on the Site at any time for any reason. IF YOU CHOOSE TO MAKE ANY OF
YOUR PERSON INFORMATION PUBLICLY AVAILABLE AS A SUBMISSION OR OTHERWISE ON OR
THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
While JC Design takes every
possible reasonable step to safeguard and to prevent unauthorized access to
your personal information, no JC Design Party is responsible for the acts of
those who gain unauthorized access, and no JC Design Party makes any warranty,
express, implied or otherwise, that JC Design, The JC Group or any other JC
Design Party will prevent unauthorized access to your private information.
Your
Account
Certain portions of the Site may require you to establish an
account, username and password. You are responsible for maintaining the
confidentiality of such account, username and password, and agree to accept
responsibility for all activities that occur under your account, username or
password. You agree to notify JC Design immediately of any unauthorized use of
your account, username or password or any other breach of security with respect
to the Site. You may not use anyone else's account, username or password at any
time. You may not attempt to gain unauthorized access to the Site. You may not
authorize any other person to use your account, username or password. You agree
to provide JC Design with accurate, current and complete information about
yourself and your billing information as prompted in the registration process.
You may update your account information by clicking on the My Account link on
the Site.
Communications
By subscribing to our newsletter, you consent
to receiving communications from JC Design by e-mail. You agree that all
agreements, notices, disclosures and other communications that JC Design
provides to you in this manner satisfy any legal requirement that such
communications be in writing.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE
SITE AND ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OR
OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY JC DESIGN AND THE JC
GROUP ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND YOUR USE
OF ALL PRODUCTS INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH
THE SITE IS AT YOUR SOLE RISK. NO PARTY FROM JC DESIGN MAKES ANY, AND TO THE
FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE JC DESIGN PARTIES
DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR
PRODUCTS INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER JC DESIGN NOR ANY OTHER
PARTY ASSOCIATED WITH JC DESIGN WARRANTS THAT THE SITE, ITS SERVERS OR E-MAIL
SENT FROM JC DESIGN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR
FREE.
NO PARTY FROM JC DESIGN WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF
ANY KIND ARISING FROM, RELATED TO OR IN ANY WAY CONNECTED WITH THE SITE, THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD THROUGH
OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY
SUBMISSIONS, ANY LINKS ON THE SITE, ANY E-MAIL SENT FROM JC DESIGN OR ANY THIRD
PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT
LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER
ANY PARTY FROM JC DESIGN WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE
POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE
LIABILITY OF THE JC DESIGN PARTIES ARISING FROM OR RELATED TO ANY PRODUCT
ORDERED FROM THE SITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO
THE PURCHASE PRICE OF SUCH PRODUCT.
THE DISCLAIMERS REGARDING WARRANTIES AS TO
PRODUCTS IN THE IMMEDIATELY PRECEDING PARAGRAPH DO NOT APPLY TO THE EXTENT OF
ANY APPLICABLE EXPLICIT WRITTEN JC DESIGN WARRANTY (AS DEFINED ABOVE).
THE
LAWS OF CERTAIN JURISDICTIONS 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, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY
TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WITHOUT LIMITATION TO THE FOREGOING,
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW AND DISPUTES
Applicable Law
The
Site is controlled, operated and administered by JC Design, Jackie Chan Limited, and The JC Group
Hong Kong (or its licensees or agents) from its offices within the Hong Kong
Special Administrative Region and is not intended to subject JC Design to the
laws or jurisdiction of any state, country or territory other than that of the
Hong Kong Special Administrative Region. By visiting the Site, you agree that
the laws of the Hong Kong Special Administrative Region, without regard to
principles of conflict of laws, will govern these Terms of Use and any dispute
of any sort that might arise between you and JC Design or any other Party
directly associated with JC Design.
ALL USE OF THE SITE, SUBMISSIONS, THE
LICENSES GRANTED HEREUNDER, CONTENT ON THE SITE AND TRANSACTIONS CONCLUDED
THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED
TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL
ADMINISTRATIVE REGION.
Disputes
Any dispute, controversy or claim
relating in any way to the Site (including, without limitation, your visit to
and use of the Site), to your Submissions, to the licenses granted hereunder or
to products you purchase through the Site shall be submitted to confidential
binding arbitration in Hong Kong conducted under Hong Kong law, except that, to
the extent you have in any manner violated or threatened to violate the
intellectual property rights of JC Design and The JC Group or any affiliate or
licensor of JC Design, JC Design may seek injunctive or other appropriate
relief in any appropriate jurisdiction and court. Arbitration shall be
conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration
Centre. There shall be one (1) arbitrator. The arbitrator's award shall be
final and binding and may be entered as a judgment in any court of competent
jurisdiction. The place of arbitration shall be Hong Kong. The arbitration
shall be conducted in the English language and any non-English language
documents presented at such arbitration shall be accompanied by an English
translation thereof. The arbitrator shall state the reason upon which the award
is based.
GENERAL
Severability
If any of these terms
or conditions shall be deemed invalid, void or for any reason unenforceable,
that provision shall be deemed severable and shall not affect the validity and
enforceability of any remaining portion of these Terms of Use.
Delay in
Enforcement
No delay or failure to take action under these Terms of Use
shall constitute any waiver by JC Design of any provision of these Terms and
Conditions.
Complete Agreement
These Terms and Conditions, together
with JC Design’s Privacy Policy and any other policies posted on the Site from
time to time, constitute the complete agreement between you and JC Design with
respect to the subject matter hereof and thereof and supersede all prior
agreements or representations between you and JC Design.
Indemnification
You
agree to defend, indemnify and hold harmless JC Design and other JC Design
Parties from and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to the use of the Site and
any Content available on the Site, any breach of these terms of service and/or
any Submissions submitted, in each case by you or any user of any of your
accounts.
Modification to Terms and Conditions
JC Design reserves the
right, at its sole discretion, to change, add or remove portions of these Terms
and Conditions at any time. It is your responsibility to check these Terms and
Conditions each time before using the Site. Your continued use of the Site
following the posting of changes will mean that you accept and agree to the
changes.
You agree that all subsequent purchases by you, all submissions and
all other uses of the Site will be subject to these Terms and Conditions, which
shall apply until JC Design posts a modified Terms and Conditions.