Terms of Service
Overview
The site is owned and operated by Topologie Limited , a company incorporated in Hong Kong, registered company name Topologie Limited whose registered office is at Units 2502-2508, 25/F, Tower A, 83 King Lam Street, Cheung Sha Wan, Kowloon, Hong Kong . Customer service email: info@topologie.com . Further details are provided on the Website, at checkout or in order confirmations.
This website is operated by TPLG Limited. Throughout the site, the terms "we", "us" and "our" refer to Topologie. Topologie offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Nothing in these Terms excludes or limits any statutory rights, guarantees, remedies or protections that cannot lawfully be excluded or limited under the laws applicable to you, including mandatory consumer protection laws of your country of habitual residence.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Tucows Domains Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
All content on the website, including trademarks, trade names, logos, product names, product designs, images, graphics, text, software, layouts and other materials, is owned by or licensed to Topologie and is protected by intellectual property and unfair competition laws. You agree not to reproduce, duplicate, copy, sell, resell, scrape, crawl, frame, reverse engineer or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us. All rights not expressly granted are reserved.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Modifications to the service and prices
Prices for our products are subject to change at any time prior to order confirmation. The price confirmed at the point of order acceptance will apply to that order.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Quoted delivery times are indicative only and may be affected by carrier delays, customs clearance, force majeure events, stock availability or other circumstances beyond our reasonable control.
Section 5 - Products or Services
All products are subject to availability and current stock levels. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
When you place an order, you are making an offer to purchase the products in that order. We may send an acknowledgement that we have received your order, but that acknowledgement does not constitute acceptance. No binding sales contract is formed until we expressly confirm acceptance of your order (by sending an order-confirmation email or by dispatching the goods). We may reject an order for any of the legitimate reasons set out in Section 6 below.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Our products are covered by the statutory rights, guarantees and consumer remedies applicable under the law of your country of residence that cannot be excluded by agreement. Nothing in these Terms limits those rights. Except for any express warranty we provide in writing, we do not give additional voluntary warranties regarding products.
Section 6 - Accuracy of billing and account information
Please note we may refuse, limit or cancel an order where reasonably necessary, including where: (a) a product is out of stock or unavailable; (b) there is an obvious pricing or product-information error; (c) payment cannot be authorised or is subsequently reversed; (d) we reasonably suspect fraud, abuse of promotions, or other unlawful activity; (e) the order appears to be placed for prohibited resale; (f) delivery to the requested destination is unavailable or restricted; or (g) we are required or permitted to do so by applicable law or regulation. If we cancel an order after payment has been taken, we will refund the amount paid for the cancelled item(s) promptly and in any event within 14 days, unless we are legally permitted to withhold or offset amounts. We may limit quantities purchased per person, household, account, payment card or order where reasonably necessary to protect stock availability, prevent fraud or preserve fair access.
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.
If you are a consumer habitually resident in the EU or EEA, under Section 6A - EU/EEA Statutory Right of Withdrawal you have the right to withdraw from a distance contract within 14 days (minimum) without giving any reason. The withdrawal period is counted from after the day on which you (or a third party you indicated, other than the carrier) get physical possession of the goods. For multiple shipments, the period runs from the day of receipt of the last item.
To exercise your right of withdrawal, you must inform us of your decision by an unequivocal statement before the withdrawal period expires. For the EU, you may also use the withdrawal form in our website under our return policy. You can also send a clear written statement sent to info@topologie.com or to the address in the Seller Information section. You must send your withdrawal notice or submit the form before the specified period expires is sufficient to meet the deadline. This right of withdrawal does not apply to: (a) goods made to your specifications or clearly personalised; (b) sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery; (c) goods which, after delivery, are inseparably mixed with other items according to their nature; (d) sealed audio or video recordings or sealed software that has been unsealed after delivery; and (e) any other exceptions provided by applicable EU or national law implementing Directive 2011/83/EU Article 16.
If you withdraw, we will reimburse all payments received from you, including the cost of standard delivery (but not any supplementary costs if you chose a delivery type other than the least expensive standard delivery offered), without undue delay and in any event within the required statutory days (eg. 14 days in the EU) from the day we are informed of your withdrawal. We will use the same means of payment you used for the original transaction unless you expressly agree otherwise. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. We may also offer a store credit.
You must send the goods back to us without undue delay and in any event within 14 days from the day on which you communicate your withdrawal. You bear the direct cost of returning the goods unless we have agreed to bear them or failed to inform you that you must bear them. We may reduce the reimbursement to reflect any diminished value of the goods where the diminution is the result of handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
We will arrange delivery of products to the delivery address you provide at checkout. Available delivery destinations, methods, estimated delivery times and charges will be displayed on the Website or at checkout. Delivery estimates are indicative only and are not guaranteed delivery dates unless we expressly state otherwise. Delivery may be affected by carrier capacity, customs processing, force majeure events, stock levels or other circumstances beyond our reasonable control.
For international orders, you may be responsible for customs duties, import taxes, clearance fees and any other charges levied by the destination country. These charges are not included in our product prices or delivery charges unless we expressly state otherwise at checkout. You are responsible for complying with all applicable import regulations in your country.
Risk of loss or damage to the products passes to you when the products are delivered into your physical possession (or to a person you have identified to accept delivery on your behalf). If you arrange your own carrier that was not offered by us, risk passes when we hand the products to that carrier. Nothing in this section limits any mandatory statutory delivery or risk rules that apply in your jurisdiction and cannot be excluded by agreement, including (where applicable) the UK Consumer Rights Act 2015 sections 28–29 and EU rules on passing of risk under Directive 2011/83/EU.
For more detail, please review our current Returns Policy.
Section 7 - Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-party links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable license to host, reproduce, display, publish, distribute, translate, adapt and otherwise use in any medium any comments that you forward to us for operating, improving and promoting our business. You represent that your comments do not infringe any copyright, trademark, privacy or other right of any third party. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these terms of service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We respect intellectual property rights and may remove or disable access to content that we reasonably believe infringes copyright, trademark or other rights. We maintain a repeat-infringer policy and may terminate accounts of users who repeatedly infringe. Copyright notices (including DMCA notices) and trademark or counterfeit complaints may be sent to us at the contact details in Section 20.
Section 10 - Personal information
Your submission of personal information through the store is governed by our privacy policy. To view our privacy policy.
Section 11 - Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
Section 12 - Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Topologie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the service or any products procured using the service, even if advised of their possibility. To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or any order will not exceed the greater of (a) the amount you paid us for the product or order giving rise to the claim and (b) HKD 800. Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for fraud, willful misconduct, death or personal injury caused by negligence where applicable, or any non-waivable consumer right or statutory guarantee.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless Topologie and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. If you are a consumer, this indemnity applies only to the extent permitted by applicable mandatory consumer law.
Section 15 - Sever-ability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 - Governing law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region, without prejudice to any mandatory consumer protection provisions of the law of your country of habitual residence that cannot be excluded by agreement. If you are incorporated, resident or habitually located in Hong Kong, the courts of Hong Kong will have exclusive jurisdiction over any dispute arising out of or relating to these Terms, except where applicable mandatory law requires otherwise. If you are not incorporated, resident or habitually located in Hong Kong, any dispute arising out of or relating to these Terms will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force at the date of the notice of arbitration; the seat will be Hong Kong, the language will be English, and the tribunal will consist of one arbitrator. Nothing in this section prevents either party from seeking interim or injunctive relief in any court of competent jurisdiction, or limits any right to bring proceedings in another forum where applicable mandatory consumer law requires it.
Section 19 - Changes to terms of service
We act in good faith in all dealings with our customers. However, we are not bound to honor any promotion, offer, discount, sale price or other commercial advantage that is published or communicated in error, including pricing errors, mistaken promotions, algorithm or system errors, or unauthorized third-party coupon codes. If we identify such an error after you have placed an order, we will notify you and, where permitted by law, offer you the option to proceed at the correct price or cancel the order for a full refund of any amount paid.
Any sale, promotion or discounted price applies only to the specific products expressly designated as being on sale or promotion, only for the duration stated or while stock of those designated products lasts (whichever is earlier), and does not extend to an entire product category, collection or range unless we expressly state otherwise. We reserve the right to limit quantities available at sale or promotional prices. Where applicable mandatory law provides otherwise, your statutory rights are unaffected.
Section 20 - Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. The version in force when you place an order will apply to that order. Updated Terms apply to orders placed after the updated Terms are published. For material changes we will provide reasonable notice where required by applicable law. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes for future orders.
Section 20 - Contact information
Questions about the Terms of Service should be sent to us at info@topologie.com and legal@topologie.com