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Terms & Conditions
Terms and Conditions
4. Your contract for purchases made through the Site is with BadPandaShop.com, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
5. The contract for the sale of any product between you and BadPandaShop.com is in effect when BadPandaShop.com confirms that the product(s) have been dispatched to you via a confirmation email. This confirmation e-mail amounts to an acceptance by BadPandaShop.com of your offer to buy goods from BadPandaShop.com.
6. If an error is discovered in the price of the goods that you have ordered, BadPandaShop.com will inform you as soon as possible, we will cancel and refund your order.
7. It is your responsibility to ensure you are able to receive e-mails from BadPandaShop.com. We recommend you add BadPandaShop.com to your ‘safe sender’ list, and check that your online security software does not block e-mails from us. In the unlikely event you do have any difficulty receiving email from us please advise your Internet Service Provider who should be able to assist you further.
8. You undertake that all details you provide to BadPandaShop.com for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card or Paypal account you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
9. All purchases are non-transferable.
Disclaimers and Limitation of Liability
10. THIS SITE IS PROVIDED BY BADPANDASHOP.COM ON AN "AS IS" BASIS. BADPANDASHOP.COM MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BADPANDASHOP.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. BAD PANDA SHOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OFTHIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.
11. You and BadPandaShop.com will only be liable under these Terms for losses that are a reasonably foreseeable consequence of the relevant breach of contract.
12. Any material obtained through the use of this website is done at your own discretion and risk, and in the unlikely event of any damage to your computer system or loss of data it is done so at your own discretion and is your sole responsibility.
Right to Cancel – Unwanted Items
13. You may cancel the contract at any time but no later than 7 working days after the day you received the product by sending the notice of cancellation by email ensuring that you quote your name, address and order reference number and then following the returns authorisation procedure as instructed by BadPandaShop.com by email. We will provide you with a returns authorisation number along with details on how and where to send your item. Wrap the item securely along with your returns authorisation number.
14. You must ensure that the goods are packaged adequately to protect against damage. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value. Items that are excluded from the right to cancel include unsealed optical media.
15. Your payment will be refunded once we have received and processed the item. You will be liable for any charges incurred in returning the goods toBadPandaShop.com.
Damaged, Defective, Incorrectly Sent, Incorrectly Advertised Items
16. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, BadPandaShop.com shall make good any shortage or non-delivery, or refund to you the amount you paid for the goods in question.
17. Please follow our returns authorisation procedure by contacting BadPandaShop.com by email. We will email you a returns authorisation number along with details on how and where to send your item. Please notify Play.com of the problem in writing as soon as possible and preferably within 28 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
18. We test every single returned item. If a returned item is found not to be faulty by our test centre we will only refund your payment minus what you will be charged for the reduction in value of the product. We advise you to check any optical media on a second machine and to check any gadget and its instructions carefully before returning it. We will not refund postage for items found to be in good working order. We are not responsible for incompatibilities caused by relevant media players that have been modified to disable regional encoding or players set to different default regions.
Processing and delivery of orders
19. Credit cards, debit cards and Paypal debits the payment on the day of purchase (payments are processed by a third party payment gateway). No extra charge is made for shipping. Processing of pre-orders may begin earlier than the release date.
20. Every purchase you make shall be deemed as being performed in Hong Kong. Hong Kong law shall govern every aspect of contractual agreement concerning purchases made from the Site.
21. BadPandaShop.com aims to arrange shipment of all ‘in stock’ items within 48 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers or we are experiencing a high volume of orders. Some items may be unavailable and the current stock status is approximate. BadPandaShop.com are not able to supply dates our suppliers may get an item in stock.
22. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order confirmation.
23. If your delivery address is outside of Hong Kong, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country. BadPandaShop.com advises each customer to contact their local customs office for further information. However, from practical experience, optical media and other small sized products do not incur tax or import duty.
24. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Any losses after the item has been dispatched from our website must be reported to us.
25. BadPandaShop.com shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
26. All products advertised are subject to availability or while stocks last (as may be applicable).
27. BadPandaShop.com tries to ensure that the full product range is in stock, and will let you know if the product is out of stock. If for any reason beyond our reasonable control we are unable to supply a particular product, we will not be liable to you except to ensure that you are fully refunded for that product.
28. All content on BadPandaShop.com is protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. Except as expressly set out in these Terms & Conditions, nothing shall give you any rights in respect of any intellectual property owned by Us or Our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, Our name, trade marks, logos or other proprietary marks, or any of the content of the Site, in whole or in part, except as provided in these Terms & Conditions.
29. No copying, redistribution, retransmission, publication or commercial exploitation of material will be permitted without our express permission and that of the copyright owner.
Intended for users of at least 18 years of age
30. To purchase any goods on BadPandaShop.com, you must (a) be at least eighteen years of age. If you are under the age of eighteen, or not capable of assuming legal responsibility, you should seek advice from your parent(s) or guardian(s) as to the meaning and consequences of these Terms and Conditions before using any of the Services.
31. When you visit BadPandaShop.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
32. You must have a unique email address to use our site. You agree that e-mail can be used as a long-distance means of communication, and you agree all notices made via e-mail satisfy any legal requirements that such notices be made in writing.
Site Content and Information
33. BadPandaShop.com contains information, advice, text, and other materials that are provided for your convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies, or outdated information. BadPandaShop makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products within BadPandaShop.com does not imply endorsement of that product.
34. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
35. If, by mistake, BadPandaShop.com has under-priced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we despatch the product to you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid for that product in accordance with our refund policy.
36. This website may contain links to other independent third-party websites. These linked websites are provided solely as a convenience to our visitors. Such linked websites are not under the control of BadPandaShop.com, and BadPandaShop.com is not responsible for and does not endorse the content of such linked websites, including any information or materials contained on such linked websites.When you activate any such links, you leave our websites and access such sites or pages at your own risk and we shall not be responsible or liable for any contents, advertising, products, or other materials on or available from such sites or pages.
37. BadPandaShop.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such contents, goods or services available on or through any such sites or pages.
Termination of Use
38. BadPandaShop.com may, in its sole discretion, terminate your account or your use of the website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. BadPandaShop.com reserves the right to change, suspend or discontinue all or any aspects of the website any time without prior notice.