Terms and Conditions
(Updated at 3 Sep, 2020)
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, it shall be severed from these Terms and Conditions and shall not affect the remainder of the Terms and Conditions which shall continue in full force and effect.
A failure or delay by us to exercise any right or to act upon a breach under these Terms and Conditions will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of these Terms and Conditions must be in writing, and such waiver is limited to the particular right or breach stated in these Terms and Conditions.
We have the absolute discretion to make changes to any of these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions is available on this Site.
These Terms and Conditions set out the entire agreement relating to the supply of goods to you by us via this Site and they supersede all previous negotiations, representations and agreement between the parties.
Section I: General
cubedcbdhk.com ("Website", “Site”) only provide an online shopping platform. Therefore, we will not deal with any direct, indirect, accidental, derivative information arising from your browsing or staying on this website. And punitive damages (including pecuniary benefits and intangible losses), and will not be liable for any legal liabilities (except for regulations that are implicit in the law).
The website has been designed to provide general information about Cubed and its business and to offer the opportunity to purchase Cubed's products. The information provided at the website is not intended to provide medical advice. You should not construe Cubed’s publication of any content on the website as any warranty or guarantee of any strategy, recommendation, treatment, action or application of any product. Users of the website should be aware that no regulatory agency has deemed the products described herein to be effective or intended to diagnose, treat, cure or prevent any disease. Any content contained in this website should not be construed as advice or recommendation to you, and no one should rely on its content as the basis for any decision or action. Any predictions, opinions or expectations expressed on this website may differ from actual results and developments.
The site and its content are provided on an "as is" basis without warranties of any kind, whether express or implied (except only as may be implied by applicable law). To the fullest extent permitted by applicable laws, cubedcbdhk.com expressly disclaims all warranties of any kind, whether express or implied (except only as may be implied by applicable law), including but not limited to, warranties of title, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of any intellectual property rights of third party. cubedcbdhk.com makes no warranty that the content, materials, goods and/or service will meet your requirements, or that your access to the site will be uninterrupted, timely, secure, or error free; nor does cubedcbdhk.com makes any warranty as to the results that may be obtained from the use of goods or services or as to the accuracy, reliability, completeness or timeliness of any information, content, materials obtained through this site or that defects in software or hardware problems will be corrected. Cubedcbdhk.com makes no warranty regarding any goods or service purchased or obtained through this site.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We have made every effort to keep the information updated. If information is found to be out of date, the photo version has not been updated, etc., it does not contain any misleading nature or intention to mislead.
Our trademarks, service marks and copyright
As permitted by law, Cubed's intellectual property is fully protected. The entire content of the website, including but not limited to all text, software, photos, videos, graphics, audio and other materials, is protected by international copyright and trademark laws. Cubed owns the trademarks, logos, service marks displayed and full content on the website. These may not be used without the written permission of Cubed. Materials on this site are protected by copyright. No part of these materials may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial or public purposes without the Cubed’s prior written consent. Request for permission to reproduce any materials contained on the website should be addressed to Cubed at the email address listed on our contact us web page.
Modification of terms
the materials on this site are directed solely at persons accessing the site from the Hong Kong Special Administrative Region. We make no representation that any product or service referred to on this site is available, or appropriate for use for any other location.
Section II: Website
Use of Site
You agree that you will not directly or indirectly export, re-export, or knowingly permit the export or re-export, of the website or any content to any country or otherwise use the website or any content in violation of any applicable export or other laws and regulations of Hong Kong or any other country.
You agree not to use the website or the content to:
restrictor inhibit others from using and enjoying the website;
gain unauthorized access to other accounts on the website, or other computer systems or networks;
store, collect or disclose any information except as strictly necessary to use the website; or
impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact. You agree not to use the website or the content to transmit or upload:
unauthorized advertising, promotional materials, junk mail, "Spam," chain letters or any other form of unauthorized solicitation;
any material that violates or infringes the rights of third parties;
any virus or any programs or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent.
Without limiting the foregoing, you agree to comply with all applicable laws, rules and regulations that apply to your use of the website. You, and not Cubed, shall be responsible for ensuring that your use of the website and content does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, law in Hong Kong regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to the website. Cubed shall have the right, but not the obligation, to monitor or review your conduct on the website.
If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the website, you hereby grant Cubed an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Cubed is free to use them for any purpose.
This website and all content, functions, materials and information made available on or accessed through this website, are provided" As is," without any warranty of any kind. Without limiting the foregoing, to the fullest extent permissible by law, Cubed and its subsidiaries and affiliates
(a) make no representation or warranties of any kind whatsoever
(I) regarding the website, the content, or any other materials, information and functions made accessible by or accessed through this website, for any products or services or hypertext links to third parties, or for any breach of security associated with the transmission of sensitive information through the site or associated materials or any linked site; or
(ii) that the materials on this website conform to your local laws (if you are accessing this web site from a location outside Hong Kong, you acknowledge that you alone are responsible for compliance with your local laws);
(b) hereby disclaim any and all warranties, whether express, implied or statutory, including, without limitation, any warranties of title, non-infringement, merchant ability and fitness for a particular purpose. Without limiting any of the foregoing, Cubed makes no warranties or representations as to the accuracy or completeness of this website, the content, or any other materials, information or functions made accessible by or accessed through this website. The above limitations may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties. Cubed may change the website at any time, including without limitation to the products and prices described in the site, but does not assume any responsibility to update it.
You shall indemnify, defend and hold harmless Cubed, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys' fees, accounting fees, and expert witness fees arising out of or related to
your use of the website or the content and
Indemnity and Limitation of Liability
By accessing and using this site you acknowledge and accept that the use of the site is at your own risk. To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use or access the site. Without limiting the foregoing:
This website and all information and materials contained on it are provided "As is" without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose , privacy or non-infringement.
We have no liability or responsibility for any errors or omissions in the contents of the site.
We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising out of any use of or access to the site, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, destruction or alteration of the site, whether for breach of contract, tortious behaviour, negligence or, under any other cause of action resulting directly or indirectly from any access or use of the site, or any uploading, downloading or publication of data, text, images or other material or information to or from the site.
Personal Data and Information
In order to use this Site or register with us and create a User Account, it is necessary to provide us with the personal data that is indicated as “mandatory” on the registration or payment page on this Site. If you are unable or unwilling to provide us with complete and correct personal data that is indicated as “mandatory” on the registration or payment page, we may not be able to register a User Account for you or provide you with some of our services.
Section III: Terms of Purchase
Payment can be made by credit cards, Payme, FPS or bank transfer. By using the payment methods provided, the Customer confirms that accounts being used is the Customer’s. The amount payable will be debited from the Customer’s account when the Customer’s order is accepted by the Vendor. All credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the Customer’s credit card refuses to authorise payment to the Vendor, the Vendor shall postpone delivery and contact the Customer. In that case the Vendor shall not be liable for any delay or non-delivery. Credit card details will be processed by means of an SSL (Secured Socket Layer) connection. The Vendor shall not be liable for any misuse of information by third parties. For Alipay payments, payment will be debited immediately when the order is placed. For payment by any method, the amount payable will be deducted from the customer's account after the customer submits the order and the payment is settled.
The Vendor accepts payment by credit cards for purchase via the Site. Under Credit Card Purchase Protection service, e.g. VISA verification service, Master Card Secure Code, the Customer can enjoy safe and secure shopping by using the Customer’s own credit card with specific password or security code. Credit card used for shopping should be valid and under the Customer’s own name. The Vendor shall not be liable for any credit card fraud. All payment methods require the Customer to pay first before delivery. No “Cash on Delivery” is allowed.
All orders are payable in Hong Kong Dollars.
To provide a secured online commerce transaction, the Vendor employs Internet’s Secure Sockets Layer (SSL) technology. It encrypts the Customer’s personal information, including credit card number, name and address, so that it would not be read when the information travels over the Internet. To check SSL Certificate information, the Customer can right click the www.clarins.com.hk and choose “Properties” & “Certificates”.
The Vendor may from time to time set credit limits for individual Customers and reserves the right to limit sales including the right to decline sales to any Customers. Full payment in respect of an order must be made upon the placing of the order. If the Customer’s payment cannot be processed, the order will not be accepted and the Customer is advised to contact the card issuer to resolve any problem concerning the use of his/her credit card in order to continue with the order.
The Vendor reserves the right to change the payment terms for any order without prior notice.
The Vendor reserves the right to change the payment mode for Products offered online at any time by announcement via website, email and/or any other means of public communications.
If payment for any order has already been made, all refund requests must be approved by Cubed. The Vendor shall not be liable with respect to any loss, damage, cost or expense that the Customer or any person may incur as a result of any delay in processing the said refund.
The Customer warrants to the Vendor that he/she has been granted any authorisations required to use his/her chosen method of payment, when making an order. In the event of non-payment of any amount owed by the Customer, or of any adverse payment circumstances, the Vendor reserves the right to suspend or cancel any order and/or delivery, whatever their nature or state of progress.
As part of the measures taken to prevent fraud over the Internet, information concerning the Customer’s order may be sent to any competent authority for verification.
Refund / Replacement of Damaged Order
Under normal circumstances, unless approved by Cubed at its sole discretion, Cubed will not accept any request for return or refund of Products upon delivery or collection of Products.
Images of Products on this Site may not correspond exactly to Product description and are for general reference only. The Customer shall not be entitled to return a Product or refund on the basis that it does not correspond exactly to its online image.
If you find your order damaged upon delivery and want to arrange for refund or replacement, you shall contact and arrange the returning of the damaged goods and the related delivery note for inspection with Cubed within 3 days of receipt. We reserve the right to reject any request for refund or replacement upon inspection of the returned damaged good and the supporting documents. If the return or exchange is accepted, regardless of the reasons, Cubed reserves the right to charge administrative fees or handling fees for the returning product. In all circumstances, additional charges including but not limited to additional delivery charges and additional cash-on-delivery charges are not refundable, and all the actual prices of free gifts will be deducted from the refund amount.
Refund / replacement will not accepted for the following products/in the following circumstances: the original package of the products is damaged/smeared/corrupted/not complete (including package was torn open); the normal difference of the product’s color, texture or taste arising from difference collecting seasons or other natural factors ; the normal appearance of capsule products including but not limited to a small amount of powder inside the capsule slightly oozing out of the capsule from the open side, or softgel capsule sticking together due to the weather and/or a small portion of the capsules slightly cracking and leaking due to smashing and crashing; any product issues relating to inappropriate storage of customers; The slight appearance problem caused without affecting the quality of products (including but not limited to the wrinkling and scratch of package box/product/accessories) during the transportation; any detective products are used more than 10% ; any free gifts/accessories/samples; any demaged products received more than 7 days, or not being notified within 3 days or with no valid invoices.
Before dispatch of all parcels, we will repeatedly check and pack the goods carefully and professionally to ensure the goods are in good quality and with proper package, but sometimes some damages of the goods may be caused and unavoidable after the long journey, we will not provide any refund or replacement for any goods lost or damaged in transit. Cubed will not bear any responsibilities of the consequences caused by any goods being damaged during the delivery process.
Cubed shall make every effort to ensure that Prices, details and sizes of Products detailed on the website are up-to-date but Cubed reserves the right to vary the Price and other details of the Products or range of Products listed on this Site, without prior notice or any liability.
There may be discrepancies between the online bill and the final bill due to out-of-stock products, special offers and other unforeseen circumstances. Cubed reserves the right to adjust the online bill and such adjustments will be marked on the final bill presented to the Customer at the time of delivery or order pick-up, and the Customer shall be charged in accordance with such final bill.
Cubed may from time to time and at its absolute discretion set credit limits for any Customer and/or limit sales to any Customer including denying sales to re-sellers.
Packaging and Ingredients
Cubed will update the product packaging and ingredient information from time to time, and reserves the right to change the packaging and ingredient information without prior notice.
Cancellation of Order
If the Product ordered by the Customer is unavailable, the Product will be deleted from the Customer's order and the bill will be adjusted accordingly. All discount items, free gifts and redemption items are subject to stock availability. No substitution and no prior notice will be made if stock is not available.
If customers purchase a pre-ordered product, Cubed will ship the product according to the shipping date/time shown along with the product. Cubed will not accept any refund requests due to the delivery time if the product is still within the promised delivery period.
Retention of title
All Products remain the exclusive property of the Vendor until such a time as payment of the sale price, including the principal, extra costs and taxes has been made in full.
Use of forwarder
Delivery service provider of the order is selected by Cubed. Your rights regarding the delivery of the products shall be governed by the terms and conditions of such a forwarder, which will be available for perusal upon request. By choosing the forwarder we recommend, you agree that we will appoint such a forwarder to handle all the aspects of the delivery on your behalf. We will not be responsible for any act or failure to act on the part of such a forwarder. We disclaim any liability whatsoever and you assume all risks and liabilities associated with its use.
We only provide delivery service in Hong Kong. We will pay the delivery fee to the forwarder on your behalf. Your order will be sent for free.
Resale Purpose is Not Permitted
All products sold through Cubed are for customers' use only and shall not be commercially resold. Cubed may refuse any purchasing order which it suspects is for commercial resale.
Except for cases of special price offers not intended to lower stock levels, the Vendor cannot be held liable for non-fulfilment of orders due to stock shortages or in the event of Product unavailability due to force majeure. The Vendor accepts no liability for:
any interruption to the Site;
any incidences involving bugs;
any damage resulting from a fraudulent intrusion by a third party, causing any change to the information made available by the Vendor on the Site;
any loss caused by hacker/third party intrusion;
more generally, any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular any loss of profit, customers, data or any other loss of intangible goods that may occur as a result of the access by any person to the Site or the impossibility of accessing the Site or any credit accorded to any information directly or indirectly coming from it.