Terms and Conditions

Terms & Conditions

 

General Terms and Conditions

 

1.         Services

1.1       We are LULUTANG Limited, (collectively "we", “us”, the "Company" or "LULUTANG" and we own and operate the site www.loco-can-spirit.com (collectively referred to as "our site" or "loco-can-spirit.com"). Our site facilitates a convenient way to shop online over the Internet, including by using our applications or software (“services”).

 

1.2       By using our site you agree to be bound by the following terms and conditions. Please read the following terms and conditions carefully. We may revise these terms and conditions from time to time by updating this posting without prior notification. The revised terms and conditions will take effect when they are posted 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. 

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       Where you are required to register, you must: (i) provide us with accurate, complete and updated registration information; (ii) safeguard your user name and password; and (iii) authorize us to assume that any person using our site with your user name and password is either you or is authorized to act for you. All purchase made by you thorugh 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; and

 

2.3.2    maintain and promptly update your registration information to keep it true, accurate, current and complete. In the event that we have reasonable suspicion that any information and material supplied by you to us for registration is untrue, inaccurate, outdated or incomplete and etc., we have absolute discretion to cancel any order made by you and/or terminate/suspend/cancel your registration with us and in such circumstances, you hereby agree not to raise any claim against us for whatsoever compensation and reliefs.

 

3.         Order

 

3.1       When you place an order, the prices charged are those applicable on the day you order.

3.2       All products on loco-can-spirit.com are listed in Hong Kong Dollars.

3.3       When you place an order you are making an offer to buy from our site. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.

 

3.4       System will generate an email to the email address registered by you to confirm your order. Such confirmation does not constitute a promise of delivery of ordered items.

 

3.5       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. 

 

3.6       We reserve our right not to accept or to cancel an order for any reasons at our sole discretion, including without limitation:

 

3.6.1    no delivery can be arranged for your area;

 

3.6.2    no sufficient stock to deliver the products you have ordered;

 

3.6.3    or one or more of the products you ordered was listed at an incorrect price due to a human or computer error.

 

3.7       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 sixty (60) 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       Products and prices displayed on our site are for reference only and are subject to alteration or modification at the time of actual transaction. We will use all reasonable commercial endeavors to display accurate and up to date prices on our site.

 

4.2       If the price of the products is higher at the time we are ready to send our acceptance of your order to what it was at the time you placed your order then we will either:

 

4.2.1    cancel your order, or

 

4.2.2    contact you to ask whether you wish to pay the higher price or cancel your order.

 

4.3       If the order is cancelled by us, if you have already made any payment, we will make a refund on any sum deducted by us from your credit card. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.

 

4.4       We accept payments made by VISA, MasterCard and PyPal. Orders will be charged in Hong Kong dollars. 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.

 

4.5       We use third party payment service 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 transaction, and in no event shall any such losses in whole or in part be borne by us.

 

4.6       The company reserves the right to change the payment terms for any order without prior notice.

 

5.         Delivery

 

5.1       We only make deliveries in the specified areas of Hong Kong from Monday to Sunday except on the first three days of the Lunar New Year and when typhoon warning signal No. 8 or above or black rainstorm warning is in force. We currently do not make deliveries to the following areas: outlying islands, including but not limited to AsiaWorld Expo, Disneyland, Lamma Island, Cheung Chau and Peng Chau, and (2) restricted districts and areas that vans cannot access. We may decline delivery to buildings without elevator facility. We reserve the right to decline delivery at our sole discretion. You agree and accept that you will collect your ordered product from our designated location and under no circumstances will we accept cancellation of order or refund.

 

5.2        When you choose home delivery, we will deliver the products ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. 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 option, 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        It is the responsibility of you to inform the Company 24 hours before delivery window starts of any change to your delivery address or preferred delivery time slot after placing order.

 

5.4       We may deliver the products in one or more instalments. Any times and dates given for dispatch of product, or the length of time that product will take to be delivered, are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. You agree and accept that under no circumstances will we accept cancellation of order or refund.

 

5.5        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 any loss or damage.

 

5.6        All orders above HK$599 are eligible for our free Home Delivery service; orders that fulfill the Locker Pick-Up conditions with order amount above HK$399 are eligible for our free Locker Pick-Up service.


Locker Pick-Up conditions:


5.6.1     Total product weight is less than 4KG.
5.6.2     Total product size is less than 100% of the locker size specified by the service provider of the Locker Pick-Up service.
5.6.3     All items are eligible for Locker Pick-Up service.

 

We reserve the right to amend the free delivery threshold of Home Delivery, Self Pick-Up and/or Locker Pick-Up at any time and from time to time.

*Order amounts after the application of promotional codes are considered; each order can only be delivered to one destination / Self Pick-Up / Locker Pick-Up location.

 

6.          Returns or Exchanges

 

6.1        Unless otherwise specified, no return or exchange of merchandise will be accepted. You are advised to carefully read our policy for the refund and replacement policy of the products supplied by us before you place any order.

 

6.2        If you find that the products delivered to you are damaged, incorrect, insufficient or having quality problems and etc. after receiving, and the expiry date of the products is in less than 30 days (excluding items mentioned short shelf life and special discounted items that have been specially marked for short term), you have to lodge your application for replacement to us within seven (7) days from the date of the receipt of the products and you also have to meet the following prerequisite conditions: -(a) all valid supporting evidence to prove your request for replacement of the products; (b) all valid supporting documents to prove that the product(s) in problem is/are purchased from loco-can-spirit.com; (c) immediately sending the photos/videos of the product(s) in problem to us as an evident to proof through email(s) or instantaneous communication software; (d) all product(s) in problem for replacement must be in its original state and not used; (e) all components and parts of the product(s) in problem including but not limited to its user menu, certificates, labels, marks, materials, packing bags, boxes and etc. for replacement must be returned to us; and (f) the packaging of the product(s) must be in the condition in which it was delivered to you.

 

6.4        You agree and accept that product(s) is/are acceptable for exchange subject to stocks availability.

 

6.5        You agree and accept that it will be at our sole discretion whether the product(s) is/are accepted for return or exchange. Under no circumstances will we accept the return of any product directly to us or be held liable for your damages for whatever reasons.

 

7.          Disclaimer of Warranties and Limitation of Liability

 

7.1        The Company and its employees, contractors and any third party provider (collectively "LULUTANG") make no representation or warranty in relation to:

 

7.1.1     the completeness, quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, loco-can-spirit.com or the information (the “Information”) stored on or receivable through this or any other loco-can-spirit.com server;

 

7.1.2     any goods or services accessed, offered or obtained through loco-can-spirit.com or pursuant to the Information;

 

7.1.3     the access to loco-can-spirit.com or the Information will be uninterrupted or does not contain any viruses, or contaminating or destructive properties.

 

7.2        You shall not rely on the Information. LULUTANG shall not be liable for any damages, loss, costs or expenses arises, directly or indirectly, from your reliance or use (whether authorized or not) of the Information and/or this website.                

 

7.3        any services (whether or not provided by us) will be provided with due care and skill; or

 

7.4        any product will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).

 

7.5        You agree that no data transmission over the Internet can be guaranteed as totally secure. 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.

 

7.6        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:

 

7.6.1     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;

 

7.6.2     the unavailability of our site (or any part of it), products or services;

 

7.6.3     any delay in providing, or failure to provide or make available, products or services, or any negligent provision of product or services;

 

7.6.4     any products not being of merchantable quality or fit for their intended purpose; or

 

7.6.5     any misrepresentation on or relating to our site, the merchandise or the services.

 

7.7        Save as required by law:

 

7.7.1     we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and

 

7.7.2     we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.

 

7.8        You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase product from our site. We make no representation and accept no liability in respect of the export or import of the product you purchase.

 

7.9        You agree that each of these limitations is reasonable having regard to the nature of our site.

 

7.10      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.

 

7.11      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     create a database by systematically downloading and storing the Content, User Content or any site content; and

 

8.1.8     infringe any copyright, design right and intellectual property right in the product.

 

9.          Intellectual Property

 

9.1        The intellectual property rights in all Content are owned, controlled or licensed by or to us. 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        We give no warranties and make 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. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our site.

 

9.3        All trademarks, product names, company names, logos and/or titles used in our site are our property or that of their respective owners. We do not give any permission in respect of the use of any such trademarks, product names, company names, logos and/or tiles.

 

10.        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.

 

11.        Content

 

11.1      Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:

 

11.1.1   use and/or make any copies of the Content for any commercial or non-personal purpose; or

 

11.1.2   reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of the Content.

 

11.2     Should you in breach of any of the terms of this clause, we may cease to supply any of the Content to you at our sole discretion.

 

11.3     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.

 

11.4     We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our site.

12.       User Generated Content

 

12.1     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 12.1 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.

 

12.2      You represent, warrant and covenant that:

 

12.2.1   you have the legal right and authority to grant the licence in clause 12.1 above;

 

12.2.2   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 12.1 above;

 

12.2.3   by exercising the licence in clause 12.1 above, we shall not infringe the intellectual property rights or other rights of any third party;

 

12.2.4   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 12.1 above;

 

12.2.5   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

 

12.2.6   at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.

 

 12.3     We shall not be responsible nor liable for any User Content under any circumstances, regardless of whether we had knowledge of the User Content. You are solely responsible and legally liable for all User Content.

 

13.        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.

 

14.        Termination

 

14.1      We may terminate your access to our site or registration immediately if you are in breach of any of these terms and conditions.

 

14.2      Any rights that have accrued to either party at the date of termination will remain enforceable after termination.

  

15.        General

 

15.1      We reserve our right to revise the content of our site (including the services offered by us) and these terms and conditions at any time without notice. This right includes the right to change any of the documentation which forms part of these terms and conditions. If any dispute arises, the Company’s decision shall be final and conclusive.

 

15.2      The English version of this terms and conditions is the governing version for all terms and conditions. Should there be discrepancy between the Chinese version and the English version, the English version shall take the prevail.

 

15.3      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.

 

15.4      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.

 

15.5      We shall not be liable to you for any breach of these terms and conditions or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.

 

15.6      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. If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity and/or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.

 

15.7      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.

 

15.8      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 written consent.

 

15.9      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.

 

16.        Promotion Codes, Coupon Codes and Coupons

 

16.1      Promotion codes, coupon codes and coupons offered by us shall only be applicable for one-off purchase at our site subject to terms and conditions stipulated therefor.

 

16.2      Promotion codes, coupon codes and coupons are neither refundable nor redeemable for cash. Any unused amount will be forfeited.

 

16.3      If your order is cancelled for whatever reason or is eligible for a refund, any promotion codes, coupon codes or coupons used in that order shall be forfeited without any refund or compensation.

 

We reserve the right to terminate or vary the above offers from time to time without providing any prior notification. If any dispute arises, the Company’s decision shall be final and conclusive.

 

These terms and conditions form the integral part of the General Terms and Conditions.

 

Last Updated: 01 February 2021