Terms and Conditions of Use

Terms & Conditions of Use

Huber Retail (HK) Limited (“HOM”) owns and operates http://www.hom.com.hk (the “Website”). This document governs your relationship with our Website.
These Terms and Conditions (“Terms”) contained herein on this webpage, shall govern your use of this Website, including all pages within this Website. These Terms apply in full force and effect to your use of this Website and by accessing this Website, you agree to be bound by these Terms contained herein in full. You must not use this Website if you disagree with any part of these Terms.

Age Restriction
You must be at least 18 years of age to use this Website; by using this Website, or agreeing to these Terms, you warrant and represent to us that you are at least 18 years of age.


Intellectual Property Rights
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of HOM or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by HOM and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Prohibitions

You are expressly and unequivocally restricted from all of the following:
publishing any Website material in any media;
selling, sublicensing and/or otherwise commercialising any Website material;
transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
using this Website in any way that impacts user access to this Website;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website or while using this Website;
send any unsolicited advertising or promotional material, commonly referred to as “spam”;
Breaching this provision would constitute a criminal offence and HOM will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Accounts, Passwords And Security

Certain features or services offered on or through this Website may require you to open an account (including setting up an Account ID and password) and to share Personal Information. Apart from the representations made in our Privacy Policy (link) regarding our protection of your information, you are responsible for maintaining the confidentiality of your account information, including your Account ID and password, and for any and all activity that occurs on or under your account.

You agree to notify HOM immediately of any actual or potential unauthorised use of your account or password, or any other actual or potential breach of security. However, you may be held liable for losses incurred by HOM or any other user of or visitor to this Website due to someone else using your Account ID, password or account.

 

Products And Sales

 

Product Descriptions

In describing and portraying our products on this Website, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. You may contact us at service@hom.com.hk for more details.

 

Colours

We have made every effort to display as accurately as possible the colors of our products that appear on our Website but we cannot guarantee that your computer’s or mobile device’s display or representation of any colour will be accurate, complete, reliable or error-free.

 

No warranties
This Website is provided “as is” and HOM makes no express or implied representations or warranties, of any kind, related to this Website or the materials contained on it. Additionally, nothing contained on this Website shall be construed as providing guidance or advice to you.


 
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.

 

Disclaimer of Liability
In no event shall HOM, or any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and HOM, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.


Indemnity
You agree to indemnify, defend and hold harmless HOM, its directors, officers, employees, consultants, agents, and affiliates, from and against any and all liabilities, costs, demands, causes of action, damages and expenses arising out of or in any way related to your breach of any of the provisions of these Terms.


Variation
HOM shall have the right in its absolute discretion at any time and without notice to amend, remove or vary this Website and/or any page of this Website. You should check this page regularly to take notice of any changes we may have made to these.

Invalidity
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provision(s) shall be deleted without affecting the remaining provisions herein.
 
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please therefore let us know if you have any complaints or comments through +852 3974 6894 or service@hom.com.hk.


Waiver
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.


Entire Agreement

The above Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and HOM, and supersede all prior agreements and understandings with respect to the same.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Hong Kong. Both we and you hereby agree to submit to the exclusive jurisdiction of the courts of Hong Kong. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

 

Terms & Conditions of Sale

Preamble

The following sets out the terms and conditions ("T&Cs") governing all sales and purchases of goods effected through the online shop operated by Huber Retail (HK) Limited with its address at Unit 1001, 10/F., Star House, 3 Salisbury Road, Tsim Sha Tsui, Kowloon, Hong Kong. Your use of this Website and placing orders on it shall be deemed to imply your acceptance of the T&Cs. All references in the T&Cs to “HOM” shall mean “Huber Hong Kong Limited” and “Goods” shall mean HOM branded products. You can contact us using the following e.mail address: servicehk@hom.com.   

Where there is any conflict between the English and the Chinese version of these T&Cs, the former shall prevail.

Huber Retail (HK) Limited is not responsible for any dispute arising from the use of the Website and purchase of the Goods through the Website.

Huber Retail (HK) Limited reserves the right to modify these T&Cs periodically

 

Purpose

The purpose of the T&Cs is to define the rights and obligations of the parties in the context of the online sale of goods and/or provision of services offered by this Website to you.   

 

Order Process 

This Website allows you to make purchases directly online using the online catalogue and the form provided therein. In order to do this all you have to do is select the item(s) offered on the Website (hereinafter referred to as the “Item(s)”) that you wish to purchase and add them to your shopping cart by clicking on the “Add to Cart” button.  You can view the details of your order as well as the total price and correct any potential errors before confirming your order and expressing your consent. Before confirming your order you can view the details and modify the Item(s) that you wish to purchase. Confirm your order by clicking “Continue” and “Proceed to checkout.” 

For every confirmed purchase the buyer must accept, by clicking on the indicated zone, the current T&Cs. He or she must choose an address and shipping option in order to validate the payment method.   

The Website will send you a confirmation e.mail upon receiving your order.  

Every order constitutes acceptance of the price and description of the Item(s) for sale.

In certain cases, for example in the case of non-payment, an incorrect address or any other problem with the buyer’s account, HOM shall not be liable for any failure or delay or otherwise in discharging our obligations and/or performing our duties under the T&Cs. We reserve the right to block the buyer’s order until the problem is resolved.     

The selection of Items offered on the Website is only valid for as long as stock is available. In the case of Items ordered which are no longer available, we will cancel your order and inform you by e.mail or, where applicable, with our “Shipping E.mail” which will be sent to you when the available Items are shipped.    

We shall have sole and absolute discretion to accept or decline an order without giving a reason. We do not guarantee that the Goods shown on the Website will be available for sale to you at all times.

For any questions relating to placing an order, the buyer should contact us using the following e.mail address: service@hom.com.hk

 

Proof of Transaction

Computerised records, held in accordance with our privacy policy, will be considered as proof of communication, orders and payments that have taken place between the parties. Archival of order forms and bills is carried out on reliable and durable media that can be produced and serve as proof.

 

Item Information    

The Items governed by the present T&Cs are those that appear on the Website and are indicated as being sold and shipped by HOM. They are offered within the limits of stock availability. 

The Items are described and presented with the highest possible accuracy.  Notwithstanding, if errors or omissions have occurred in their presentation, we can in no way be held liable.  

 

Price

Payment for all orders made on the Website is due on the day the order is placed. The prices indicated on the Website are in HK Dollars and include all taxes, but they do not include shipping fees which will be charged in addition and indicated before the final order confirmation. The price of the Items offered on the Website may change at any time according to the Website’s pricing policy. The Items ordered will be billed according to the prices in effect at the time the order is placed.   

We reserve the right to change pricing at any time and to correct pricing errors that may inadvertently occur. In the event of a pricing error, we will notify you of the error and allow you to either proceed with the transaction at the correct price or cancel your order at no cost to you.

We further reserve the right to adjust pricing to reflect any change in costs to us due to any unforeseen circumstances beyond our reasonable control.

 

Payment

Orders entail a payment obligation which means that confirming an order requires payment.   

You can pay using any of our payment partners listed on our Website.  In the case of a delay in payment or non-payment, we reserve the right to levy additional charges or suspend processing the order and delivery (including where an order has been placed by a buyer who has not paid for all or part of a previous order or with whom there is a payment dispute).   

 

Promotional Codes and Sales

To apply a promotional code, you must enter it prior to completing your order. You may apply a promotional code only once and cannot apply it to previously placed orders. Promotional codes that offer a percentage price reduction may not be used in combination with any other discount or promotion.

Promotional codes are not transferable or redeemable for cash or credit.

Certain Items are excluded from promotional codes and you should check the specific details of any promotional code for the Items it applies to. We have the right to cancel your order if you apply a promotional code to excluded or incorrect Items.

For sales, offers are only valid as long as stock is available. They apply to a selection of products, including but not limited to underwear, swimwear, leisurewear, loungewear, t-shirts and socks. Offers cannot be combined with other ongoing promotions unless stated otherwise. Products purchased on sale are non-exchangeable and non-refundable.

 

Shipping/Shipping Fees

Your order will be delivered to you at your designated address (“Delivery Address”) from the delivery centre located at 1003-5, 10/F, Phase One Modern Terminals, Berth One, Kwai Chung, Hong Kong. Delivery will normally be made between 9:00 a.m. to 8:30 p.m. on weekdays (excluding Hong Kong public holidays).  Except in the event of force majeure or unless otherwise stated on the Website or when the order is placed, shipping time varies from 2 to 8 working days beginning as soon as payment has been validated for your order. Any error or changes made by you for an order in the process of being shipped will lead to an extension of this period and additional fees will be your responsibility. Orders with a value of 1,000 HK dollars or more will be shipped free of charge.    

Shipping is only carried out after confirmation of payment by HOM’s banking provider.   

Products will be delivered to the address provided on the order form therefore please ensure that it is accurate. Any packages returned because of an incorrect or incomplete address will be re-shipped at the buyer’s expense.

If when the package is delivered the original packaging is damaged, ripped, faulty or opened the buyer must verify the condition of the Items. If they have been damaged, the buyer must refuse to accept the package and contact us using the following e.mail address: service@hom.com.hk or hotline: +852 3974 6894.

If any Items need to be returned, the buyer must make a return request within 10 days of the delivery date. Any return request made after this delay may not be accepted. The return can only be accepted if the Items are returned in their original condition (packaging, accessories, instructions, etc.).

Notwithstanding the foregoing, time of delivery of the ordered Items shall not be of the essence of these T&Cs and is only our best estimate. We reserve the right to change the delivery date from time to time upon giving reasonable prior notice to you, whereupon you shall accept delivery of the Goods on such revised delivery date as we may advise. Under no circumstances shall we be liable to you for any delay (howsoever caused) in respect of the delivery of the Goods (whether or not the same has been notified to you).

We reserve the right to revise any terms of the delivery service (including but not limited to the delivery zone and the delivery charge) from time to time without prior notice. All delivery charges paid are non-transferable, non-refundable and non-exchangeable for cash or goods once the order is confirmed pursuant to these T&Cs.

 

Retention of Title

Notwithstanding delivery and the passing of risk in the Goods upon delivery or anything contained in these T&Cs, title to the Goods shall not pass until the total price of the related order has been paid in full.

 

Liability

These T&Cs set out the full extent of our obligations and liabilities in respect of the Goods and there are no warranties, conditions or other terms that are binding on us except as expressly stated in these T&Cs. Any conditions and warranties, whether express or implied by statute, common law or otherwise, including warranties of merchantability or of fitness for a particular purpose, and any additional damages, compensation or indemnification, other than such conditions, warranties and liabilities as are expressly provided for in these T&Cs, are, insofar as and to the fullest extent permitted by law, expressly excluded.

Without prejudice to anything contained herein, our maximum aggregate liability under these T&Cs, whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you under these T&Cs.

We give no warranty as to the accuracy of the information contained on the Website and accept no liability arising from any inaccuracy of the information contained in it. Any typographical error, clerical or other error or omission on the Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction at any time without any liability on our part. You shall use the Website and any other websites accessed through it, at your own risk.

No failure or delay by us in exercising any right, power or remedy under these T&Cs shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any breach by you of any provision of these T&Cs shall be deemed to be a waiver of any subsequent breach of that or any other provision of the same.

We shall not be liable for any default of obligations or duties directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, equipment failures (including but not limited to internet system failure), outbreak of pandemic (including but not limited to COVID-19 epidemic etc.) and disease, or any other causes beyond our reasonable control.

 

Governing Law

These T&Cs shall be governed by and construed in accordance with the laws of Hong Kong. Both we and you hereby agree to submit to the exclusive  jurisdiction of the courts of Hong Kong. All dealings, correspondence and contacts between us shall be made or conducted in the English language.