1.    Introduction

1.1.    This Website is owned and operated by THE HANDMAKER. All business-to-consumer and e-commerce activities on THEHANDMAKER.com are conducted by THE HANDMAKER. Any contract you enter into through the Website will be with THE HANDMAKER. Responsibility for liability, however arising, in relation to this Website rests solely and exclusively with THE HANDMAKER. Access is provided to this Website in accordance with the Conditions set out here below. Any use of this Website including orders placed by you will be subject to these Conditions.

1.2.    If you have any questions relating to these Conditions please contact us at info@thehandmaker.com or fax them on (852) 8266 4212 between 9.00am-5.00pm Monday – Friday, actual local Hong Kong time (GMT +8 hours). We will aim to respond promptly to all emails and faxes received outside of these working hours on the following working day.

2.    Definitions

"Conditions" means these terms and conditions of use herein described;

"Content" means all content available on the THEHANDMAKER.com, including, but not limited to text, graphics, logos, product designs, button icons, images, video and audio clips, data compilations and software, and the compilation thereof;

"Invoice" means the document enclosed with your order that lists all of the goods that we have sent to you;

"Force Majeure" shall mean any Act of God, war, riot, civil disturbance, labor disturbance, terrorism, fire, storm or flood; Act, restriction, regulation, bye-law, prohibition or measure of any kind on the part of any governmental, parliamentary or local authority; Import or export regulation or embargo; Strike, industrial dispute, or lockout; Explosion, power outage, breakdown, or unavailability of plant, property, and/or machinery; or; any other cause beyond our reasonable control;

"THE HANDMAKER/ THEHANDMAKER.com/ www.thehandmaker.com/ We/ Us/ Our/ Ourselves/ Website" means THE HANDMAKER;

"Order Acceptance Policy" means the terms governing the acknowledgement and acceptance of your order; 

"Personal Information" means the details provided by you;

"Purchaser" means an individual who enters into a contract to purchase goods or services from us;

"Product" means a product displayed for sale on the Website;

"Product Description/ Product Details" means that part of the Website where certain Conditions and information in respect of the individual product are provided;

"Recipient(s)" means the person or persons to whom the Purchaser stipulates the goods should be shipped;

"User Account" means the account that identifies you as one of the users and allows you to access the Website. This also contains of the personal information you provided to us for registration, purchase recording and promotions of the Website;

"Order Acknowledgement" means the electronic documents transfer via the Internet that acknowledges your successful completion of payment through the PayPal;

"Order Confirmation" means the electronic documents transfer via the Internet that confirms the dispatch of your order;

"Refund Request" means the electronic documents transfer via the Internet that allows you to request for a refund on particular product(s) that you purchased from the Website;

"Refund Request Notification" means the electronic documents transfer via the Internet that notifies you whether your Refund Request is being accepted or not;

"Return & Exchange Request" means the electronic documents transfer via the Internet that allows you to request for a return & exchange of the product(s) that you purchased from the Website;

"Return & Exchange Notification" means the electronic documents transfer via the Internet that notifies you whether your Return & Exchange Request is being accepted or not;

"Repair Request" means the electronic documents transfer via the Internet that allows you to request for a repair of the product(s) that you purchased from the Website;

"Repair Request Notification" means the electronic documents transfer via the Internet that notifies you whether your Repair Request is being accepted or not;
"Trade Marks" means the trade marks, logos, and service marks displayed on the Website;

"Website" means www.thehandmaker.com;

"The PayPal" means www.paypal.com; our chosen payment gateway where enables you to settle your payment for your order purchased from the Website;

"You/Your/Yours/Yourself" means you, a user of the Website.

3.    Use of Website

3.1.    Access

3.1.1.    You are provided with access to the Website in accordance with these Conditions and any orders placed by you are placed strictly in accordance with these Conditions.

3.2.    Registration

3.2.1.    You warrant that the Personal Information which you provide when you register as a customer is true, accurate, current and complete in all respects and in particular you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

3.2.2.    You agree to update your User Account on the Website immediately of any changes to your Personal Information.

3.3.    Indemnity

3.3.1.    You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

3.4.    Our rights

3.4.1.    We reserve the right to:

a.     Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or 

b.    Change the Conditions and Policies from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions and Policies have been changed. If you do not agree to any change to the Conditions and Policies then you must immediately stop using the Website.

c.    Reject/ Refuse/ Decline your Refund Request and/ or Return & Exchange Request and/ or Repair Request and/ or T.M.O. Request at any time. Final decisions are subjects to our principals, criteria and the relevant Policies.

d.    Determine any product(s) is/ are refundable, returnable/ exchangeable and repairable.

3.5.    Privacy

3.5.1.    We respect your concerns about privacy. We therefore encourage you to refer to the Privacy Policy of the Website on an ongoing basis to stay abreast of our most current privacy policy practices.

4.    Online Orders

4.1.    Order Acceptance

4.1.1.    All orders are subject to acceptance in accordance with our Order Acceptance Policy.
If you have provided us with a valid e-mail address, we will send you an Order Acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from us. Our acceptance of your order will take place on despatch of the product(s) ordered. On despatch of your order, we will send you an Order Confirmation email. Please refer to How To Pay and Delivery sections for further information.

Non-acceptance of an order may be a result of one of the followings:
•    the product you ordered is being out of stock;
•    our inability to obtain authorization for payment or a problem receiving your payment;
•    the identification of a pricing or product description error;
•    your failing to meet the eligibility to order criteria as set out in the Terms & Conditions.

If there are any problems with your order, you will be contacted by us as soon as possible.

We reserve the right to reject any offer to purchase by you at any time.

4.1.2.    We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide.

4.1.3.    All Products shown on the Website are subject to stock availability.

4.2.    Contract creation and electronic contracting

4.2.1.    The technical steps required to create the contract between you and us are as follows:

a)    You place the order for your product(s) on the Website by clicking the Checkout on the shopping bag page of the checkout process;
b)    You will be guided through the process of placing an order by a series of simple instructions on the Website;
c)    Payment will be taken once the goods have been dispatched;
d)    Your goods will be dispatched by surface mail if deliver to Hong Kong or Macau. For overseas countries, goods will be sent by airmail;
e)    You will receive a Payment Acknowledgement from The PayPal after the payment has been confirmed;
f)    We will send you an Order Acknowledgement email detailing the Products you have ordered. This is not an order confirmation or order acceptance from us.
g)   Our acceptance of your order will only take place upon dispatch of the product(s) ordered. On despatch of your order, we will send you an Order Confirmation email.

4.2.2.    If you do require any information regarding orders you have placed with us, please contact us via email.

4.3.    Order Cancellation & Amendment

4.3.1.    Once the payment has been completed via PayPal, we do not accept any cancellation or amendment of the order. If you want to request return & exchange, please visit Return & Exchange Policy.

4.4.    Payment

4.4.1.    With regard to any contract for the purchase of products from our Website all prices and delivery charges (if any) are exclusive of VAT. The total cost of your order is the price of the products ordered. For more information, please visit How To Pay section.

4.4.2.    Depending on your country’s regulation, you may need to pay for VAT or declaration on delivery of goods. You can contact the assigned carrier for more detail. We do not responsible for any loss induced by failure in paying the VAT. We reserve the right to claim you for the courier charge on the return of product(s) because of failure in VAT payment.

4.4.3.    You confirm that the credit card that is being used is yours. All credit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery.

4.4.4.   When you use discount coupon or cash voucher that is issued by THE HANDMAKER. You agree the terms & conditions embedded in the electronic coupon/ voucher or printed on the coupon/ voucher.

4.5.    Refusal of Transaction

4.5.1.    With regard to any contract for the purchase of products from our Website, we reserve the right to withdraw any products from the Website at any time and/or remove or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole and unfettered discretion. We will notify you if we do not accept your order. We will not be liable to you or any third party by reason of:

•   our withdrawing any product from the Website whether or not that product has been ordered;
•   removing or editing any materials or content on the Website;
•   refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

4.6.    Eligibility to Order

4.6.1.    To be eligible to purchase products on this Website and lawfully enter into and form a contract with us under the Laws of Hong Kong, you must:

4.6.1.1.    When creating an order provide your real name, phone number, mailing address, email address, payment details and other requested information;

4.6.1.2.    Stipulate a delivery address is a must.  PO Box numbers, BFPO addresses, mail forwarding addresses and temporary residence addresses are not acceptable;

4.6.1.3.    Possess a valid bank account or credit card issued by a bank acceptable to The PayPal;

4.6.1.4.    By making an offer to buy a product, you specifically authorize us to transmit information (including any updated information) or to obtain information about you from third parties from time to time. To facilitate transfer of money, The PayPal may obtain information about you on your bank, credit card or debit card account, including but not limited to your credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

4.7.    Liability on Transfer of Money

4.7.1.    Information about you and your bank, credit card or debit card will be handled by The PayPal only. We are not responsible or liable to you for any dispute or loss resulting from the misuse or maltreatment on the information by The PayPal. Please refer to The PayPal’s official website on their related policies.

4.7.2.    All the money transaction will be handled by The PayPal. We are not responsible or liable to you for any dispute between you and The PayPal.

4.8.    Return & Exchange Policy

4.8.1.    Return/ Exchange is subject to selective regular price items and misdelivered items only. We reserve the rights to determine whether the item(s) is/ are returnable/ exchangeable;

4.8.2.    You are required to follow our return & exchange procedure. Please visit our Return & Exchange Policy for detail.

4.9.    Refund Policy

4.9.1.    Refund of purchased item is limited to selective regular price items and we reserve the rights to determine whether refund request is acceptable;

4.9.2.    You are required to follow our refund procedure. Please visit our Refund Policy for detail.

4.10.    Repair Policy

4.10.1.    You are required to follow our repair procedure. Please visit our Repair Policy for detail.

4.11.    Delivery

4.11.1.    Please refer to Our Delivery Policy for details.

5.    Disclaimers and limitation of liability

5.1.    Given the unpredictability of technology and the online environment, we do not warrant (either expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a condition to become a visitor to and a user of the Website, you agree to these Conditions and that access is undertaken at your own risk. We shall not be liable for damages of any kind related to your use of or inability to access this site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

5.2.    We have made every effort to display the products featured on our Website as accurately as possible. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors you actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that your monitor's display of any color, texture, or detail of actual merchandise will be accurate.

5.3.    We endeavor to present the most recent, most accurate, and most reliable information on our Website at all times. However, we make no claims to its accuracy, either expressed or implied. There may be occasions when some of the information featured on our Website may contain incomplete data, typographical errors or inaccuracies. Any errors are wholly unintentional and we apologize for any inconvenience that this might cause. We reserve the right to amend errors, make changes to our Website or to update product information at any time without prior notice and without any liability on our part. To the fullest extent permitted by law, we disclaim all warranties, expressed or implied.

5.4.    Certain (hypertext) links in this site may lead to other websites which are not under our control. When you activate any of these, you will leave the Website and we have no control over and will accept no responsibility or liability for the content, accuracy or any other aspects of any website that is not under our control. The provision of a link is for your information and convenience only and does not imply an endorsement of any kind by us.

5.5.    While we take all reasonable care to ensure the integrity of the Website and the accuracy of the information contained in them, we cannot accept any liability to any person for any loss or damage of any kind (whether or not we ought reasonably to have known of or had been advised of the possibility of the same) which may arise from the use of the Website or any of the materials or information contained in them and you use the Website at your own risk.

5.6.    We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our Order Acceptance Policy.

5.7.    The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

5.8.     To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products.

5.9.    This does not affect your statutory rights as a consumer as set out in these Conditions.

5.10.     We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract and/or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for: 

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

5.11.     Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

5.12.     Save in relation to clause 5.12 (liability for death or personal injury) our liability under any contract for products purchased from us shall be limited to the value of your order.

5.13.     All edible products presented on this Website have not been evaluated by the Department of Health, Hong Kong or any results reported. If anyone who feels unwell after eating the foods, please stop eating and consult with your doctor immediately. We will do our best to keep the edible products as fresh, hygienic and unaffected as it can be. Should you decide to purchase the edible products on this Website, THE HANDMAKER will not be responsible for your health issues.

5.14.     Please make sure you or the user of the product is not physically allergic to the products available on this Website before you make the purchase. THE HANDMAKER has no legal responsibility and liability for your negligence or any kinds of bad intends. Should you feel unwell with the floristic products, please consult with your own doctor immediately.

5.15 Some of our products composed of lose or small parts and may not be suitable for children. Please do not let the children to play with the products. We do not have responsibility or liability for any loss, injury and death induced from misuse of the product. If unfortunate accidents happen, please consult with your doctor immediately.

5.16.    We shall not be under any liability to you in the event of our failure, delay or default in carrying out all or any of our obligations under these Conditions due in whole or in part to an event of Force Majeure.

6.    General

6.1.    Resale of Product
You may not sell or re-sell any of the products or services, and any samples thereof, you receive from us. 6.2.    Unauthorized use of Domain Name 
From time to time, certain cyber squatters or other unauthorized persons may register in bad faith a confusingly similar domain name with the intention of taking unfair advantage of THE HANDMAKER’s reputation and goodwill. THE HANDMAKER’s Website address on the Internet is www.thehandmaker.com. Any other domain name that appears to represent itself as being THE HANDMAKER or THEHANDMAKER.com may not be related to us and may represent an unlawful infringement of our rights, reputation and goodwill. We are not responsible and cannot be held liable to any person for the contents or anything related to these other unlawful purportedly 'THE HANDMAKER’s website.

6.3.    Intellectual Property

6.3.1.    The content of the Website is the property of THE HANDMAKER, our affiliates, our partners or our licensors, and is protected by Copyright Ordinance, Prevention of Copyright Piracy Ordinance of Hong Kong and other international copyright laws.

6.3.2.    The Trade Marks used on the Website are the registered and unregistered marks of THE HANDMAKER, our affiliates, our licensors or our partners, and are protected by Trade Marks Ordinance of Hong Kong. All other Trade Marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

6.3.3.    You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.

6.3.4.    You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

6.4.    Compliance with Laws 
This Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through our Website.

6.5.    Severability
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

6.6.    Third Party Rights
It is agreed that any person who is not a party to any Contract between you and us shall not be allowed to rely on or enforce any term of any such Contract and the Contracts (Rights of Third Parties) Act 2001 is expressly excluded.

6.7.    Waiver
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

6.8.    Entire agreement
You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save in so far as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these Conditions.

6.9.    Law
The Conditions shall be governed by and construed in accordance with the Laws of Hong Kong and we and you irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

6.10.    Registered Office
The registered office address of THE HANDMAKER:
Attention to THE HANDMAKER
Room 907
Silvercord Tower II
30 Canton Road
Tsim Sha Tsui
Hong Kong
Fax:    (852) 8266 4212

6.11.    Contact Us
Any queries or comments should be directed to:
Attention to THE HANDMAKER
Room 907
Silvercord Tower II
30 Canton Road
Tsim Sha Tsui
Hong Kong
Fax:    (852) 8266 4212
Email: info@thehandmaker.com
 
Working hours are 9.00am - 5.00pm Monday to Friday, actual local Hong Kong Time (GMT +8 hours). We will aim to respond promptly to all emails and faxes received outside of these working hours on the following working day.