Terms and Conditions
General Terms and Conditions
1. Services
1.1 We are LAB-OR LIMITED ("we", the "Company" or "Lab-Or") and we own and operate the site. Our site facilitates a convenient way to shop online (“services”).
1.2 By using our site you agree to be bound by the following terms and conditions. Please read them carefully.
1.3 We reserve the right to make changes to these terms and conditions from time to time without providing any notification. The amended terms and conditions are effective from the date they are published on our site. Your continued access and use of our site and our services shall represent your unconditional acceptance of the latest version of the terms and conditions as amended and updated.
1.4 The meaning of some words used in these terms and conditions:
1.4.1 “us” or “our” is a reference to Lab-Or.
1.4.2 “you” or “your” is a reference to the person to whom we are providing the services or delivering products and who is required to pay for the products delivered.
1.4.3 “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site.
1.4.4 “products” means the goods you ordered through our site, which you will pay for.
1.4.5 “intellectual property rights” means any and all patents, trade marks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
1.4.6 “site” means our website located at www.laborsports.com, and any associated sites linked to it.
1.4.7 “User Content” has the meaning given in Clause 14.1.
1.5 Unless the context requires a contrary construction, the singular form of any term shall include the plural form and the plural form shall include the singular form.
2. Registration
2.1 You are required to register with us when you use the services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.
2.2 You represent to us that all purchases made by you through our site will be within the scope of your authority to conclude contracts.
2.3 In consideration of your use of our services, you agree to:
2.3.1 provide true, accurate, current and complete information about yourself when filling out our registration form;
2.3.2 maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration; and
2.3.3 not to omit to state any fact necessary to make any representation or statement you make not misleading.
3. Order
3.1 Except where otherwise specified, we are not the manufacturer of the products. We are responsible for managing and administering the site, arranging order processing and where applicable, fulfillment for the products you ordered from the suppliers through our site.
3.2 When you place an order, the contract between you and us in relation to the products will not be formed you receive a confirmation email from us. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract. Only those products listed in the dispatch confirmation email are included in the contract between you and the Partner. If any products are missing from the dispatch confirmation email, the order you made for the remaining products will only be accepted when we send a further acceptance of that part of your order.
3.3 The availability of the products is as shown online and will be updated regularly. They should not be relied on as definite statements as to whether the products you wish to purchase are actually in stock.
3.4 We reserve our right not to accept or cancel an order with or without reason at our sole discretion.
3.5 If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
4. Price and Payment
4.1 We only accept payments available on our website. When you place an order you authorise us to debit the credit card you specify on your order for the amount of the order at the time we send our acceptance of your order and you represent to us that you shall be authorised to make such payment. Title in the products does not pass to you until payment has been received.
4.2 We use third party payment services to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transactions, and in no event shall any such losses in whole or in part be borne by us.
5. Delivery
5.1 We only make deliveries in the specified areas of Hong Kong on business days as available to and specified by our contracted courier, except when typhoon warning signal No. 8 or above or black rainstorm warning is in force, subject to the terms of our contracted courier. We reserve the right to decline delivery with or without reasons at our sole discretion. You agree and accept that you will collect your ordered products from a place we will separately and mutually agree and under no circumstances will we accept cancellation of order or refund.
5.2 We will deliver the products ordered by you to the address you provided for delivery at the time you make your order. You agree to present your photo identification upon request when you acknowledge receipt of the products. The products shall be, and shall be deemed to be, delivered and accepted by you when the products are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our sole discretion, to charge you additional costs or cancel your order without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons.
5.3 Unless otherwise specified, we will use all reasonable commercial endeavors to make delivery within reasonable time after your order is accepted.
5.4 We may deliver the products in one or more instalments. Any times and dates given for dispatch of products, or the length of time that products will take to be delivered, are only estimates. You agree and accept that under no circumstances will we accept cancellation of order or refund.
5.5 In circumstances where products are delivered by a third party merchant, you agree and accept that the third party merchant shall be solely responsible to you for delivering the products in accordance with the delivery arrangement as agreed between you and the third party merchant.
5.6 You will become the owner of the products you have ordered when they have been delivered to you. Once the products have been delivered to you, they will be held at your own risk and we will not be liable for the loss or damage.
5.7 Unless otherwise specified, please refer to our site for details of the delivery charges and free delivery threshold. We reserve the right to amend the free delivery threshold at any time and from time to time.
6. Returns or Exchanges
6.1 Unless otherwise specified, no return or exchange of products will be accepted.
6.2 Products may be returned or exchanged within seven days of receipt if the products you ordered are faulty, defective or damaged (with no fault on your part), or the products are not what you ordered, or the delivery is of an incorrect quantity, provided that:
6.2.1 the returns or exchanges policy applies;
6.2.2the products are unused and in the condition originally sold together with all parts and accessories which are provided with the products including manuals, certificates, labels, tags, consumables, bags, and boxes (if any);
6.2.3 the packaging of the products must be in the condition in which it was delivered to you; and
6.2.4 a request for return or exchange is sent to our customer service representative through email or contact from our website.
6.3 You agree and accept that products accepted for returns are only eligible for refund in the form as mutually agreed.
6.4 You agree and accept that products are acceptable for exchange subject to stocks availability.
7. Disclaimer of Warranties and Limitation of Liability
7.1 We do not represent or warrant that access to our site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
7.2 We do not represent or warrant to you that our site or any of its contents (including the product filters and the results obtained from the use of product filters) will be accurate, complete or reliable. You agree that the product filters are for your reference only.
7.3 We do not represent or warrant that:
7.3.1 any services (whether or not provided by us) will be provided with due care and skill; or
7.3.2 any products (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
7.4 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
7.5 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
7.5.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (including using our applications or software) or any information on our site;
7.5.2 the unavailability of our site (or any part of it), products or services;
7.5.3 any delay in providing, or failure to provide or make available, products or services, or any negligent provision of products or services;
7.5.4 any products not being of merchantable quality or fit for their intended purpose; or
7.5.5 any misrepresentation on or relating to our site, the products or the services.
7.6 Save as required by law:
7.6.1 we will not be liable to you for any indirect or consequential loss, damage or expenses, including but not limited to loss of profits, business or goodwill, arising out of any problem you notify to us, and
7.6.2 we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
7.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our site. We make no representation and accept no liability in respect of the export or import of the products you purchase.
7.8 You agree that each of these limitations is reasonable having regard to the nature of our site.
7.9 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the products to you.
7.10 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
8. Warranties
8.1 You represent, warrant and covenant that you will not:
8.1.1 use our site for any fraudulent or unlawful purpose;
8.1.2 use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
8.1.3 interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
8.1.4 transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
8.1.5 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site (including our applications or software);
8.1.6 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software);
8.1.7 frame or mirror any part of the site without our express prior written consent;
8.1.8 create a database by systematically downloading and storing the Content, User Content or any site content; and
8.1.9 infringe any copyright, design right and intellectual property right in the products.
9. Content
9.1 The intellectual property rights in all Content are owned, controlled or licensed by or to us. Except for the rights granted to you under this Clause 9, nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.
9.2 Subject to these terms and conditions, you may use the Content for your own personal purposes.
9.3 Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:
9.3.1 use the Content for any commercial or other non-personal purpose;
9.3.2 make any copies of the Content or transfer the Content to any other device or any other person; or
9.3.3 otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
9.4 You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this Clause 9.
9.5 We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the content of advertisements appearing on our site rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our site.
10. User Generated Content
10.1 When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our site (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this Clause 10.1 include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
10.2 You represent, warrant and covenant that:
10.2.1 you have the legal right and authority to grant the licence in Clause 10.1;
10.2.2 you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in Clause 10.1;
10.2.3 by exercising the licence in Clause 10.1, we shall not infringe the intellectual property rights or other rights of any third party;
10.2.4 to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in Clause 10.1;
10.2.5 the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our site; and
10.2.6 at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
10.3 You shall be legally liable for the User Content and we shall not be responsible nor liable for any User Content under any circumstances, regardless of whether we had knowledge of the User Content.
10.4 Our site will only display User Content that are related to product quality or promotional offers. Those User Content about after sales or other services will not be displayed on the site. We reserve the right to edit or delete User Content which contain attacks on other users, slander, coarse language and profanity, or other unrelated topics.
11. Indemnity
You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
12. Linked Websites
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
13. Termination
13.1 We may, at our sole discretion, terminate your access, without prior notice, to our site or registration immediately if you are in breach of any of these terms and conditions.
13.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
14. Intellectual Property
14.1 All intellectual property rights in the Content, User Content, design, text, graphics and other material on our site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited.
14.2 All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
15. General
15.1 Where in these terms representations and warranties are made to us through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, us and that we may rely upon and enforce such representations and warranties against you.
15.2 We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
15.3 We have made every effort to make clear whether the quoted prices for products available through our site include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.
15.4 We take privacy issues seriously. Our privacy policy covers our use of any information you provide. In using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
15.5 We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
15.6 We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
15.7 If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
15.8 We may assign these terms and conditions or appoint any third party to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions without any prior notice.
15.9 You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our prior written consent.
15.10 These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
15.11 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.