Terms of service
These Terms of Service are entered into by and between Crown Worldwide (HK) Limited, a company incorporated in Hong Kong and having its registered address at Crown Worldwide Building, 9-11 Yuen On Street, Siu Lek Yuen, Sha Tin, Hong Kong (“Crown”, “we”, “us” or “our”) and you (“Purchaser”, “you” or “your”) (“Agreement”). You must read, agree with, and accept all of these terms and conditions in this Agreement. By using our Services or placing an order for our Goods, you agree to be bound by this Agreement and you indicate your continued acceptance of this Agreement.
1. DEFINITIONS AND INTERPRETATION
1.1. In this Agreement, each of the following words and expressions shall have the following meaning:
Business Day : A day (other than a Saturday, Sunday or public holiday) on which banks are open for normal banking business in Hong Kong.
Crown Terms and Conditions : This Agreement and all other terms and conditions and policies pertaining to the use of the Website, the sale of Goods and/or the Services.
Goods : The goods made available for sale on the Website, including any instalment of the goods or any parts for them.
Services : All services that Crown offers at any time via the Website.
Website : Crown’s website at www.cwwestore.com.hk
1.2. Any reference in this Agreement to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3. The headings in this Agreement are for convenience only and shall not affect the interpretation of any parties.
2. ORDERS AND SPECIFICATIONS
2.1 The images of the Goods on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images. The packaging of the Goods may also vary from that shown in images on our website. In the event that the Goods the Purchaser receives is fundamentally different from the Goods as described on the Website and which the Purchaser has ordered, Clause 6 of this Agreement shall apply.
2.2 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Crown on the Website or in relation to this Agreement shall be subject to correction at any time without any liability on the part of Crown.
2.3 The Purchaser may purchase Goods by placing and completing the order form on the Website and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Crown’s acceptance in its sole discretion and each order accepted by Crown shall constitute a separate Agreement and shall be deemed to be irrevocable and unconditional upon transmission of Crown’s acceptance through the Website and/or email. Crown shall be entitled (but not obliged) to process such orders without further consent from the Purchaser. The Crown Terms and Conditions shall apply to each separate agreement formed between the Purchaser and Crown.
2.4 The Agreement between the Purchaser and Crown will be deemed completed upon Crown issuing a confirmation of delivery of the Goods to the Purchaser. For the avoidance of doubt, Crown shall be entitled to refuse or cancel any order without giving any reasons for the same to the Purchaser prior to issue of the confirmation of delivery. Crown shall furthermore be entitled to require the Purchaser to furnish Crown with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of delivery.
2.5 No Agreement may be modified or cancelled by the Purchaser except with prior written consent from Crown and on terms that the Purchaser shall indemnify Crown in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Crown as a result of the modification or cancellation, as the case may be.
2.6 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
2.7 Occasionally there may be information on our Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to descriptions of the Goods, pricing, promotions, offers, Goods shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services, on the Website, or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
2.8 We undertake no obligation to update, amend or clarify information in the Services, on the Website, or on any related website, including without limitation, pricing information, except as required by law.
2.9 No specified update or refresh date applied in the Services, on the Website, or on any related website, should be taken to indicate that all information in the Services, on the Website, or on any related website has been modified or updated.
3. PRICE
3.1 The price of the Goods shall be the price stated on the Website at the time which the Purchaser places and completes the order form on the Website. Unless otherwise specified, the price excludes any applicable sales and services tax, value added tax or similar tax which the Purchaser shall be liable to pay to Crown in addition to the price and excludes the delivery charges.
3.2 In the event any Goods have been mispriced on the Website, Crown shall have the right to terminate the Agreement in accordance with Clause 7.2 of this Agreement
4. TERMS OF PAYMENT
4.1. The Purchaser shall be entitled to make payment for the Goods using the various payment methods made available on the Website. When Purchaser places an order on the Website, actual payment shall be only charged upon Crown’s acceptance of the Purchaser’s order and the confirmation of an Agreement.
4.2. The terms and conditions applicable to each type of payment, as prescribed by Crown on the Website, shall be applicable to the Agreement. The payment methods may also be subject to the following terms:
(a) Credit Card
Credit card payment option is available for all Purchasers. Crown accepts all Visa and MasterCards credit cards. Please take note that additional charges may be incurred if Purchaser is using a non-Hong Kong issued card due to foreign exchange rates.
(b) Debit Cards
Crown accepts all Hong Kong Visa and MasterCard debit cards, subject to bank availability.
(c) Online Banking or e-Wallet
By choosing this payment method, the Purchaser shall transfer the amount of the total purchase price for the Goods purchased by Purchaser (including any applicable taxes, fees and shipping costs) to a bank account or e-Wallet account designated by Crown. The transaction must be payable in Hong Kong Dollar. Crown, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
4.3 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5. DELIVERY OF GOODS
5.1. Delivery of the Goods shall be made to the address specified by the Purchaser in its order. Unless otherwise specified, the Goods shall be deemed to be delivered once the Goods have been placed at the address specified by the Purchaser and risk of damage to or loss of the Goods shall pass to the Purchaser at the time of delivery.
5.2. Where it is mutually agreed that the Purchaser and/or the Purchaser’s agent/representative is required to be present to accept delivery, if the Purchaser and/or the Purchaser’s agent/representative is not present to accept delivery during the delivery date and time notified to the Purchaser and fails to take delivery of the Goods, at Crown’s sole discretion:
(a) Crown shall be entitled to leave the Goods at the address specified by the Purchaser in its order whereby delivery shall be deemed completed; or
(b) Crown may arrange for a re-delivery of the Goods at a subsequent date and/or time subject to the Purchaser’s agreement to and payment of any additional delivery and/or other charges notified by Crown.
5.3. Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Crown shall not be liable for any delay in delivery or performance howsoever caused.
5.4. Notwithstanding delivery and the passing of risk in the Goods or any other provision of this Agreement, the title or property in the Goods shall not pass to the Purchaser until Crown has received in cash or cleared funds full payment of the price of the Goods.
6. RETURN, REFUND AND REPLACEMENT OF GOODS
6.1. In the event the Goods received are not as described or are damaged, the Purchaser is required to contact Crown at estore.hk@crownww.com within seven (7) days of delivery to initiate a return, refund or replacement.
6.2. The Purchaser may only apply for return, refund or replacement of the purchased Goods in the following circumstances:
(a) the Goods delivered to Purchaser is defective and/or damaged on delivery;
(b) the Goods delivered to Purchaser is fundamentally different from the description on the Website;
(c) the Goods delivered to Purchaser does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order; or
(d) such other circumstances which may be prescribed by Crown on the Website.
6.3. Where Crown has provided replacement Goods or given the Purchaser a refund, unless otherwise notified by Crown, ownership of the non-conforming Goods or parts thereof shall become the property of Crown and all refunds are conditional upon Crown’s acceptance of a valid return of the Goods.
6.4. All refunds are limited to the price paid by the Purchaser in relation to the Goods (excluding any discounts received or vouchers utilized by the Purchaser and/or any transaction fee or administrative charges arising from or related to the payment option selected by the Purchaser) and shall be made in the manner designated by Crown at its sole discretion. Crown offers no guarantee of any nature for the timeliness of the refunds being credited into the Purchaser’s account. Crown reserves the right to modify the mechanism of processing refunds at any time without notice.
7. TERMINATION
7.1. Upon acceptance of an order by Crown, the Purchaser may not terminate the Agreement but may only return the Goods in accordance with Clause 6 of this Agreement. Nevertheless, before Crown dispatches the Goods, a Purchaser may request via email at estore.hk@crownww.com to cancel or amend the order and Crown, in its sole discretion, may choose to give effect to the Purchaser’s request subject to any other terms and conditions which may be prescribed by Crown.
7.2. Without prejudice to any other right of termination elsewhere in this Agreement and notwithstanding that the Goods are in transit or that payment has been charged to Purchaser, without any liability to the Purchaser, Crown may stop any Goods in transit, suspend further deliveries to the Purchaser and/or terminate the Agreement with immediate effect by written notice to the Purchaser on or at any time after the occurrence of any of the following events:
(a) the Goods under the Agreement being unavailable for any reason;
(b) the Goods under the Agreement have been mispriced on the Website;
(c) the Purchaser has failed to pay any amount due under the Agreement on the due date for payment; and/or
(d) the Purchaser has committed a breach of any of the terms and conditions of the Agreement.
7.3. In the event of a termination by Crown pursuant to Clause 7.2(a) or 7.2(b), Crown shall refund the price paid by the Purchaser in relation to the Goods (excluding any discounts received or vouchers utilized by the Purchaser and/or any transaction fee or administrative charges arising from or related to the payment option selected by the Purchaser) and you agree that your sole and exclusive remedy arising from or connected to a termination by Crown pursuant to Clause 7.2(a) or 7.2(b) is the aforementioned refund. The refunds shall be made in the manner designated by Crown at its sole discretion. Crown offers no guarantee of any nature for the timeliness of the refunds being credited into the Purchaser’s account. Crown reserves the right to modify the mechanism of processing refunds at any time without notice.
7.4. In the event of a termination by Crown pursuant to Clause 7.2(c) or 7.2(d), Crown shall be discharged from its obligations under this Agreement, including any obligations to deliver the Goods to the Purchaser, and shall be entitled to forfeit any payments made by the Purchaser to Crown.
8. REPRESENTATIONS AND WARRANTIES
8.1. Save as expressly provided in this Agreement or on the Website, all other representations, warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
8.2. Notwithstanding any warranty or guarantee in relation to the Goods, Crown shall have no liability in the following circumstances:
(a) Where defects in the Goods arise from unsuitable or improper use, defective installation or commissioning by the Purchaser or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Crown's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Crown's approval;
(b) Where the total price for the Goods has not been paid in cleared funds by the due date for payment; or
(c) Where the defect in the Goods is notified to Crown after the expiry of the time period specified at Clause 6.1 or any applicable warranty period, whichever is the later.
9. LIABILITY
9.1. In no event shall Crown be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Purchaser as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Crown had been advised by the Purchaser of the possibility of incurring the same.
9.2. Notwithstanding any other provision of this Agreement, Crown’s maximum aggregate liability to you or to any other party for all losses under, arising out of or relating to the sale of Goods under each Agreement shall not exceed the sums that you have paid to Crown under such Agreement.
9.3. If a number of events give rise substantially to the same loss, they shall be regarded as giving rise to only one claim under this Agreement.
9.4. No action shall be brought against Crown later than seven (7) days after the date the Purchaser became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim, or after the expiry of any applicable warranty period, whichever is earlier.
9.5. Nothing in this Agreement will operate to limit or exclude any party’s liability:
(i) for fraud;
(ii) for death or personal injury caused by its negligence; and
(iii) to the extent such limitation or exclusion is not permitted by law.
10. INDEMNIFICATION
10.1. You shall at all times defend, indemnify and hold harmless Crown and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (hereinafter referred to as “Crown and its affiliates”), against any claims, demand, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable legal fees) suffered by, incurred by or awarded against Crown and its affiliates (including those arising from injury to or death of any person) arising out of or in relation to any breach of the terms under this Agreement, the Crown Terms and Conditions, or the documents they incorporate by reference or your violation of any law or the rights of a third-party by you or any other person accessing the Website or Services under your account.
11. PROMOTIONAL ACTIVITIES
11.1. All promotions and offers by Crown are subject to the respective set of terms and conditions for that particular promotion or offer, which Crown reserves its right to change at any time without prior notice.
11.2. The right to amend terms and conditions includes changing the price of the promotion or offer, terminating the offer before stated validity date, changing the details of the promotion or offer or any other changes in order to protect the interests of Crown or under circumstances of abuse.
11.3. You acknowledge and agree that:
(i) each promotional code, referral code, printed coupon or voucher (each a “Voucher”) granted by Crown under a promotion or offer, unless expressly permitted in writing by Crown, may not be duplicated, sold or transferred in any manner, or made available to the general public;
(ii) unless expressly permitted in writing by Crown, the Voucher is not valid for usage with other types of vouchers, discounts, promotions or offers;
(iii) the Voucher is not exchangeable for cash or refundable;
(iv) in the case where a Voucher entitles you to credits or discounts to be applied to your account, the amount of such credits or discounts must be fully utilized when making payment. Any unused amount will not be refunded;
(v) the Voucher may only be applied by the intended recipient; and
(vi) the Voucher must be used for the intended purpose and in a lawful manner.
11.4. Crown reserves the right to withhold or deduct credits, discounts or other features or benefits obtained through the use of Vouchers by you or any other user in the event that the Company determines or believes that the use or redemption of the Voucher was in error, fraudulent, illegal, or in violation of the applicable terms for that Voucher or the terms under this Agreement.
12. GENERAL
12.1. Crown shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under this Agreement (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Website's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Crown's reasonable control.
12.2. No waiver by Crown of any breach of the Agreement by the Purchaser shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Crown’s failure to enforce this Agreement shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce this Agreement.
12.3. If any provision of this Agreement is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby and shall remain enforceable to the fullest extent permitted by law.
12.4. Except as expressly provided herein, no term of this Agreement is enforceable by a person who is not a party to this Agreement.
12.5. Crown may, at any time, through the Website or by such other method of notification as Crown may designate, vary the terms and conditions of this Agreement, such variation to take effect on the date Crown specifies through the above means. If Purchaser uses the Website after such date, Purchaser is deemed to have accepted such variation. If Purchaser does not accept the variation, Purchaser must stop access or using the Website and terminate this Agreement.
12.6. These Terms of Service shall constitute the entire agreement between Purchaser and Crown relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
12.7. Crown reserves the right to subcontract the performance of any of its functions in connection with the performance of its obligations under this Agreement and reserves the right to use any service providers, subcontractors and/or agents on such terms as Crown deems appropriate.
13. NOTICES
13.1. You consent to receive communications and notices from Crown by email via the email address you have submitted upon registration with Crown and agree that all terms, conditions, agreements, notices, disclosures and other communications that Crown provides to you by way of email satisfy any legal requirement that such communications would satisfy if it were in writing. Any notices by you to Crown must be in writing by email to the email address specified on the Website.
13.2. A notice shall be deemed to have been served from the time the email was sent by the sender, provided that the sender of the email does not receive an email message stating that the email message has not been received by the intended recipient.
13.3. You shall promptly notify Crown of any changes in your contact details. In the event you fail to notify Crown of any change in your details, Crown shall be entitled to rely on your most recent details as shown on Crown’s records.
14. GOVERNING LAW AND JURISDICTION
14.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, existence, negotiation, validity, termination or enforceability (including any non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Hong Kong and the courts of Hong Kong shall have exclusive jurisdiction.
15. CHANGES TO TERMS OF SERVICE
15.1. You can review the most current version of the Terms of Service and/or Crown Terms and Conditions at any time at this page.
15.2. We reserve the right, at our sole discretion, to update, change or replace any part of the Terms of Service and/or the Crown Terms and Conditions by posting updates and changes to our Website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.