USE OF THE SITE
License and Site Access
ISL e-Shop grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of ISL e-Shop. ISL e-Shop also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Site so long as the link does not portray ISL e-Shop, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.
Prohibited Uses of the Site
Each of the foregoing is expressly prohibited without ISL e-Shop's prior express written consent. Any unauthorized use of the Site or any portion or derivative thereof by, on behalf of or through you shall terminate any license or permission granted to you by ISL e-Shop.
Termination of Access
INTELLECTUAL PROPERTY RIGHTS; USER CONTENT
All content included on the Site, including, without limitation, text, articles, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, ("Content") is the property of ISL e-Shop or its licensors, product suppliers or content suppliers (including users who supply Content) and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all Content on the Site are the exclusive property of ISL e-Shop and are protected by applicable copyright laws. All software used on the Site is the property of ISL e-Shop or its software suppliers and is protected by applicable copyright laws.
ISL E-SHOP, ISL and ESHOP.ISL are trademarks, registered trademarks or service marks of ISL e-Shop or its affiliates or licensors. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of ISL e-Shop and its affiliates, suppliers and licensors used on the Site may not be used without the prior written consent of ISL e-Shop or its applicable affiliate, supplier or licensor, as the case may be. Without limiting the foregoing, no ISL e-Shop trademark, service mark or trade dress may be used in connection with any product or service that is not ISL e-Shop's, in any manner that is likely to cause confusion among users or customers, or in any manner that disparages or discredits ISL e-Shop.
No Responsibility for Third-Party Content; Copyright Claims
Content on the Site may be provided by third parties, either as a result of submission by users or other persons or because of selection by ISL e-Shop. Any opinions, advice, statements, descriptions, services, offers, information or other Content expressed or made available by third parties on or through the Site ("Third-Party Content") are solely those of the respective authors or distributors, and not of ISL e-Shop or its affiliates. None of the ISL e-Shop Parties guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content. The ISL e-Shop Parties make no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made by an authorized ISL e-Shop representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will any ISL e-Shop Party be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third-Party Content.
No ISL e-Shop Party will assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content. However, if you believe that the Site contains Content that infringes copyright rights held by you, please contact ISL e-Shop at the e-mail address or physical mail address below with the following information and signature:
Your notice should be sent to firstname.lastname@example.org or, if by physical mail, to:
ISL HK Ltd.
Unit 1506, Vanta Industrial Centre
21-33 Tai Lin Pai Road
Kwai Chung, New Territories
Submission of Reviews and Other User Content
Where allowed on the Site, users or other persons may submit reviews, articles, comments, contest entries and other Content to the Site, or users may offer or disclose Content, ideas or other materials to ISL e-Shop in connection with the Site (each such submission, offer or disclosure being a "Submission"). If you choose to submit such Content, you agree not to use a false e-mail address, impersonate any person or entity or otherwise mislead any ISL e-Shop Party or any Site user as to the origin of any such Content. You agree, represent and warrant that any Submissions submitted by you will be accurate and will not violate these Terms or Conditions, any applicable law or regulation or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You agree, represent and warrant that you have the authority to make all Submissions submitted by you and to grant the rights and licenses described herein with respect to all such Submissions. You further agree, represent and warrant that no Submission submitted by you will be or contain libelous, unlawful, false, misleading, threatening, harassing, defamatory, discriminatory, racist, violent, sexually explicit, pornographic, indecent, offensive, abusive or obscene material or contain software viruses, political campaigning, commercial, survey, research or other solicitations, bulk communications, chain letters, advertising, commercial offers, mass mailings or any form of "spam".
IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION
ISL e-Shop's product inventory available on the Site includes tens of thousands of products, and product listings are constantly being changed and updated. ISL e-Shop's customers are located in various parts of the world. As a result, it is not practical for ISL e-Shop to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law, including product safety and other regulations.
ISL E-SHOP MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE. IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS, LOCAL COPYRIGHT AND TRADEMARK RIGHTS AND OTHER LOCAL LAWS. IN ADDITION, PRODUCTS AVAILABLE ON THE SITE MAY NOT CONFORM TO PRODUCT SAFETY OR OTHER REGULATIONS IN ALL COUNTRIES.
BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED ISL E-SHOP TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE "IMPORTER" AND "INITIAL DISTRIBUTOR" OF THE PRODUCT TO SUCH COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS. YOU ACKNOWLEDGE AND AGREE THAT ISL E-SHOP'S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO THE COUNTRY TO WHICH YOU HAVE REQUESTED ISL E-SHOP TO SHIP PRODUCTS. IN NO EVENT WILL ISL E-SHOP OR ANY OTHER ISL E-SHOP PARTY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL ANY ISL E-SHOP PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR ANY REASON, INCLUDING THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS.
By purchasing a product through the Site, customers outside of Hong Kong authorize ISL e-Shop to make arrangements for clearance of customs on their behalf for the products they have ordered.
PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE
Methods of Payment
ISL e-Shop offers a variety of payment methods on the Site for the convenience of customers. Please note that each of the payment methods discussed below may not be available at all times. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.
ISL e-Shop may also offer customers in certain jurisdictions the option to pay by check, money order or direct deposit to specified bank accounts of ISL e-Shop. If any of these options is available, more information and applicable terms and conditions will be included in HELP – Payment. Any fees payable in connection with any such methods, including any fees payable by ISL e-Shop's bank, must be paid by you. Unless otherwise specified on the Site, checks and money orders must be made in US dollars.
Unless expressly set forth on the Site, ISL e-Shop does not accept any other payment form. If ISL e-Shop offers or accepts any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such other form of payment.
Please refer to HELP – Payment for more information regarding ISL e-Shop's policies and procedures relating to customer payments.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. With respect to each of your purchases ISL e-Shop will automatically charge and withhold any applicable tax that it deems is required in any applicable jurisdictions.
All transactions conducted by or with ISL e-Shop, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in US Dollars. However, for orders shipping to Hong Kong, ISL e-Shop may allow customers paying by check, money order or direct deposit, if such payment option is available, the option to settle in Hong Kong dollars at the fixed exchange rate of US$1 to HK$7.75. If the option to pay in Hong Kong dollars is available, more information and applicable terms and conditions will be included in HELP – Payment. Please note that although payment may be made in such cases in Hong Kong dollars, the US Dollar prices indicated on the Site will apply.
The Site allows users the opportunity to choose a "Reference Currency." The Reference Currency function converts the US Dollar prices shown on the Site to a currency selected by the user from those available on the Site. REFERENCE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO ISL E-SHOP; HOWEVER, ISL E-SHOP IS NOT A BANK OR A CURRENCY DEALER, AND MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE SITE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY CUSTOMERS IN SUCH REFERENCE CURRENCY. REFERENCE CURRENCY PRICES ARE FOR CONVENIENCE OF REFERENCE ONLY, AND REFERENCE CURRENCY EXCHANGE RATES MAY BE UPDATED BY ISL E-SHOP ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.
NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.
ISL e-Shop does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than US Dollars and such refund was made through the customer's PayPal, then the credit card issuer or PayPal would determine the applicable exchange rate at such time as provided above.
In no event will any ISL e-Shop Party be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
PRODUCT DESCRIPTIONS, INFORMATION AND PRICES
Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. ISL e-Shop does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete. IF YOU PURCHASE A PRODUCT FROM ISL E-SHOP THAT IS NOT AS DESCRIBED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR ISL E-SHOP CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.
ISL e-Shop has made every effort to display the colors of products on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor ISL e-Shop cannot guarantee that your monitor's display of any color will be accurate.
ISL e-Shop cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a "shopping cart" or "shopping bag" and the time the purchase is actually made. Also, despite ISL e-Shop's best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of ISL e-Shop, ISL e-Shop may either (a) contact you for instructions before shipping the product or charging you for such product or (b) cancel the order for such product and notify you of such cancellation.
ISL e-Shop will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, that contain other incorrect information or typographical errors or that are unavailable for any reason. ISL e-Shop will have this right regardless of whether the order has been confirmed or your credit card or other payment service has been charged. If your credit card or payment service has already been charged for the purchase and your order is cancelled, ISL e-Shop will immediately issue a credit to your credit card or payment service in the amount of the charge.
Price Comparisons and "Save" Amounts
Price comparisons may be made throughout the Site to indicate the relative savings amounts of ISL e-Shop's pricing. Amounts shown as "Save" reflect the difference between the sale price and ISL e-Shop's normal, or "list", price for a given product. However, ISL e-Shop makes no representation that a substantial number of these products have been sold or made available for sale at the list price.
ORDER PROCESSING, SHIPMENT, RETURNS, WARRANTIES
Passage of Title
Title to products, and risk of loss of products, passes to you upon delivery to the common carrier selected by ISL e-Shop to deliver your order.
You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of ISL e-Shop's agreement to sell products to you.
ISL e-Shop accepts returns of certain defective products and products damaged in shipping for repair, replacement or refund (depending on the type of product).
Unless pursuant to a supplemental (or "extended") warranty plan offered by ISL e-Shop from time to time and subject to the terms and conditions applicable to such warranty plan as separately advised by ISL e-Shop in writing or as posted on the Site from time to time (such warranty being a "ISL e-Shop Warranty"), ISL e-Shop will have no liability for any failure or malfunction of a product sold on the Site. Requests for technical service and support should be made directly to the manufacturer of a product in accordance with the terms and conditions of any warranty provided by the manufacturer. Information regarding manufacturers' warranties is generally included in the materials shipped with the products or is available through the Site.
User Privacy; Data Security
You acknowledge and agree that the Site is a public space and that your participation in and Submissions to the Site create no expectation of privacy. Further, you acknowledge that any personal information you submit to the Site may be seen and used by others. No ISL e-Shop Party is responsible for information that you or others choose to submit to the Site, or for your actions or the actions of other users. ISL e-Shop or its designated agents may remove or alter any information, Content or Submission posted or otherwise disclosed on the Site at any time for any reason. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE AS A SUBMISSION OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
While ISL e-Shop takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, no ISL e-Shop Party is responsible for the acts of those who gain unauthorized access, and no ISL e-Shop Party makes any warranty, express, implied or otherwise, that ISL e-Shop or any other ISL e-Shop Party will prevent unauthorized access to your private information.
Certain portions of the Site may require you to establish an account, username and password. You are responsible for maintaining the confidentiality of such account, username and password, and agree to accept responsibility for all activities that occur under your account, username or password. You agree to notify ISL e-Shop immediately of any unauthorized use of your account, username or password or any other breach of security with respect to the Site. You may not use anyone else's account, username or password at any time. You may not attempt to gain unauthorized access to the Site. You may not authorize any other person to use your account, username or password. You agree to provide ISL e-Shop with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your account information by clicking on the Your Account link on the Site.
The Site may contain links to other websites. ISL e-Shop Parties are not responsible for examining or evaluating, and ISL e-Shop Parties do not warrant the offerings of, any of the businesses or individuals operating such websites or the content of such websites. No ISL e-Shop Party assumes any responsibility or liability for the actions, products or content of any of these third-party websites. You should carefully review the privacy statements and other conditions of use set forth in such websites.
Age of Users
ISL e-Shop does not intend the Site to be viewed or used by individuals under the age of 18 ("minors") without the supervision of a parent or guardian 18 years of age or older. ISL e-Shop relies upon parents and guardians to determine if any Content or items available on the Site are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Site only under the supervision of parent or guardian. If a user is under 13 years of age the user may not, even under the supervision of a parent or guardian, make any Submissions.
Sweepstakes, Contests, Promotions
You consent to receive communications from ISL e-Shop by e-mail. ISL e-Shop will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that ISL e-Shop provides to you in this manner satisfy any legal requirement that such communications be in writing.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY ISL E-SHOP ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND YOUR USE OF ALL PRODUCTS INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. NO ISL E-SHOP PARTY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE ISL E-SHOP PARTIES DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ISL E-SHOP PARTY GUARANTEES OR WARRANTS THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE OR THE CONFORMANCE OF ANY THIRD PARTY'S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION OR POLICY. NEITHER ISL E-SHOP NOR ANY OTHER ISL E-SHOP PARTY WARRANTS THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM ISL E-SHOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE.
NO ISL E-SHOP PARTY WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM ISL E-SHOP OR ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY ISL E-SHOP PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ISL E-SHOP PARTIES ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.
THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS IN THE IMMEDIATELY PRECEDING PARAGRAPH DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN ISL E-SHOP WARRANTY (AS DEFINED ABOVE).
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW AND DISPUTES
ALL USE OF THE SITE, SUBMISSIONS, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE SITE AND TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.
Any dispute, controversy or claim relating in any way to the Site (including, without limitation, your visit to and use of the Site), to your Submissions, to the licenses granted hereunder or to products you purchase through the Site shall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of ISL e-Shop or any affiliate or licensor of ISL e-Shop, ISL e-Shop may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof. The arbitrator shall state the reason upon which the award is based.
Delay in Enforcement
You agree to defend, indemnify and hold harmless ISL e-Shop and the other ISL e-Shop Parties from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to the use of the Site and any Content available on the Site, any breach of these terms of service and/or any Submissions submitted, in each case by you or any user of any of your accounts.