Applicability and Acceptance of Terms
These General Terms and Conditions, including all policies referred to herein (these "Terms and Conditions"), apply to:
The use of and access to any information, pictures, documents, materials and/or other services ("Services") on the online store owned by or on behalf of and/or operated by or on behalf of FOOTSPOT Limited, our parent companies and/or affiliates (collectively referred to as "FOOTSPOT," "we" or "us" and the grammatically derivatives thereof shall be construed accordingly) located at www.footspot.com.hk .
The sale and purchase of FOOTSPOT branded products (the "Products") on the website.
Please review these terms and conditions carefully prior to using the website. By accessing or using the website, you have agreed and accepted (and you are regarded as having agreed and accepted) to these terms and conditions, which may be amended from time to time without prior notice, effective upon its posting on the website. Each time that you use or access the website, the current version of these terms and conditions will apply. Your continued use of access of the website shall be regarded as your acceptance of the updated version of these terms and conditions.
IF you do not accept these terms and conditions, you should discontinue your access or use of the website. By using or accessing the Website, you represent and undertake that
You are of sufficient legal age or otherwise have legal capacity to legally agree to these Terms and Conditions.
You have read, understand and agree to be bound by these Terms and Conditions.
Information on The Website
All descriptions, images, references, features, content, specifications and prices of Products and services described or depicted on this Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the Products, including the applicable colors; however, the actual color you see will depend on the devices (including computer, mobile phone, tablet or otherwise, collectively "Devices"), and we cannot guarantee that your Devices will accurately display the applicable colors. The inclusion of any Products or services on this Website at a particular time does not imply or warrant that these Products or services will be available at any time. By engaging in a purchase of a Product or service made available by us on this Website (a "Transaction" and collectively "Transactions"), you represent that the Products you order as part of the applicable Transaction will be used in accordance with all applicable laws. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product or service; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product or service.
Exclusion of Liability for External Links
All trademarks, tradenames, brand names, logos, Product names and titles, whether registered or unregistered, (collectively the "Marks") used on the Website are trademarks or trade names owned, registered and/or licensed by FOOTSPOT or third-party trademark or trade name holders. The Marks are protected by trademark, copyright, and various other intellectual property rights. You are not allowed to use, copy, display or reproduce, in whole or in part, any such Marks as this may constitute an infringement of the respective holders' rights.
Ownership of Design, Images and Content
All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software, and all other materials on this Website (collectively, "Content"), including all copyrights therein, are owned by FOOTSPOT and/or its suppliers or subcontractors. The Content is a collective work under the copyright laws of Hong Kong and other countries and protected by applicable copyright laws and treaties the world.
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent that is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource, or for your other personal and non-commercial use. You are not allowed to make any other use of the information and materials on this Website (including but not limited to the Marks and the Content), including reproduction, modification, distribution, or republication for purposes other than as mentioned above. Should you wish to use materials or information from this Website (including but not limited to the Marks and the Content) for any other purpose, you need our prior written approval to do so.
Information You Provide/ Submissions
will be considered non-confidential, non-personal and non-proprietary to you or anyone else and
may be disseminated or used by Adidas or its parent or affiliates for any purpose without (a) compensation to you or anyone else or (b) acknowledgement of you or anyone else as the source of such User Submissions.
You hereby grant FOOTSPOT a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, transferable and sub-licensable license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense and otherwise use your User Submissions, if any, in any manner whatsoever for any or all purposes, with or without attribution to you or any other party ("User Submissions License"). FOOTSPOT may, but is not obligated to, monitor, or review any User Submissions. FOOTSPOT shall have no obligations to use, return, review, or respond to any User Submissions. FOOTSPOT shall have no liability related to your reliance on information or materials provided by visitors to the Website. The opinions expressed by Website visitors reflect solely the opinions of the individuals who have submitted those opinions and are not the opinions of FOOTSPOT. FOOTSPOT retains the right (but does not have the obligation) to remove any or all User Submissions that includes any material FOOTSPOT deems inappropriate or unacceptable.
If you choose to make any information that personally identifies you or other information publicly available on the website, you do so at your own risk.
By making a User Submission, you represent and warrant
You own all right, title and interest in and to the User Submission, or you have the necessary approvals and permissions to grant the User Submissions License described above.
The User Submission, and the exercise by FOOTSPOT of the rights granted it under the User Submissions License in relation to such User Submission, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others.
Your User Submissions do not and shall not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions.
We do not guarantee that User Submissions will not be lost or damaged or that you will be able to retrieve User Submissions.
Restrictions on Use
While visiting the Website and participating in, accessing and using the features you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of a User Submission; alter, modify, frame, or "mirror" any Content; create a deep-link to our Website by by-passing our Website's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Website; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Website or interrupt any user's experience on the Website, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Website, or servers or network connections to the Website; disobey any requirements, procedures, policies or regulations of networks connected to the Website; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or attempt to gain unauthorized access to the Website (or any portion thereof).
The above prohibitions are set out as examples only and are not meant to be complete or exhaustive.
You are prohibited from posting or transmitting to the Website any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
You agree to defend, indemnify and hold harmless FOOTSPOT and its affiliates, and the directors, officers, employees and agents of FOOTSPOT and its affiliates against any losses, liabilities, claims, expenses as a result of (I) your user submissions or your access to or use of the website; (II) your breach of these terms and conditions (including but not limited to the foregoing prohibitions); (III) your violation of any third-party right ; or (IV) your violation of any applicable laws, rules, regulations, orders or ordinance of any competent authorities.
Terms of Sale
The Website only sells Products to adults who have payment ability. If you are under 18 years, please use the Website with participation of your parent or guardian.
You can order as a registered user or as a guest by our guest checkout function. You need an email address and a mobile phone number to place an order, and you may need to set your browser to accept both cookies and pop-ups to be able to use all the functionalities of the Website, which includes adding Products to your shopping cart and submitting your order.
Establishing an Account
To purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. However, you may only establish an account if you are 18 years of age or over. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account, you must
Provide accurate and truthful information.
Update such information from time to time as necessary to keep your registration information current and accurate.
Offer to Purchase
All information on the Website is only an invitation to treat and is not an offer or unilateral contract. You agree that your order is an offer to purchase the Products listed in your order from FOOTSPOT on these Terms and Conditions.
All prices are indicated and charged in Hong Kong dollars ("HKD").
Orders on the Website and deliveries are possible certain regions and area of a region namely the Hong Kong Special Administrative Region (“Hong Kong”) and Macao Special Administrative Region Government. If FOOTSPOT is not able to execute an order, FOOTSPOT will inform you as quickly as possible.
Quantity Limits & no purchase for resale
Orders are accepted only in quantities usual for households. The Website is intended solely for FOOTSPOT to sell Products direct to end consumers, and therefore purchase of Products for resale is strictly prohibited. Purchase for resale means the purchase of Product by someone who resells, or intends to resell, the Product to others (consumers, businesses or any third party). If FOOTSPOT believes you are involved in purchase for resale, FOOTSPOT reserves the right to take any action against you, including, without limitation, to restrict your access to or use of the Website, restrict sales to you, cancel your orders, and/or suspend or close your account.
Confirmations and Acceptance
When you submit an order, we will send you an email acknowledging receipt of your order ("Order Confirmation"). This does not mean that we have accepted your order. Our acceptance of the order will not take place unless and until
When the products and shipped to you.
We will send you an email confirming that the products have been shipped(“Shipping Confirmation”).
Products on the Website are in stock and are ready to be sent. Any sizes that are out of stock are marked as unavailable. We may have stock issues from customers ordering Products at the same time. When we are unable to ship an item already ordered, we may cancel that part of your order and you will be reimbursed for the amount actually paid by you to FOOTSPOT for the unshipped Products or not charged accordingly. We work hard to keep our stock levels as accurate as possible. Occasionally, errors may occur. If the Products you are looking for are sold out, you may wish to check the availability in your nearest FOOTSPOT store, to be found through our Sitemap, or as our stocks are regularly replenished, return to our Website at another time.
If you have placed an order in error or would like to cancel an order before it is delivered, please immediately contact FOOTSPOT's customer service by using our live chat, call (852) 28970502, Whatsapp (852) 92311132 or e-mail us at: firstname.lastname@example.org
. FOOTSPOT will consider your request to cancel such order in the absolute discretion of FOOTSPOT. No cancellation is possible after any Product under the order is shipped. As FOOTSPOT always strives for quick deliveries, it means there is not much time available for you to request cancellation of your order. Please note that special edition or limited edition products are not eligible for cancellation.
Please note that we cannot make or accept any changes (including delivery address, size, color of the Products) once your order has been placed.
Right Not to Accept Orders
Fulfilment of all orders on the Website is subject to availability. We explicitly reserve the right to cancel or not to accept your order for any reason in our absolute discretion. We also reserve the right to cancel or not to accept an order by written notice to you in the following situations (which are not intended to be exhaustive), without being liable for any damages or costs other than repayment of any amount received from you in relation to the order we have cancelled:
FOOTSPOT also reserves the right to cancel or not to accept any order that it knows, or reasonably suspects was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device which is not commonly used by ordinary users of the Internet.
You can pay for the Products by the payment method as indicated in the checkout page. If you have a promotion code, please enter it in the checkout page in the 'Promotion Discount' field and click on 'Apply'. Please check the expiry date of your promotion code before using it. Please note that you cannot use more than one promotion code for the same purchase order. Not all Products and not all sale of Products are eligible to the promotion code.
During the payment process FOOTSPOT may perform credit checks. Based on the outcome thereof FOOTSPOT may change, adjust, or decline an order and/or the selected payment method. In most cases FOOTSPOT will offer you the option to select a different payment method. Our customer service team will not be informed of the outcome of credit checks.
For order more than HK$300, there is free shipping to Hong Kong and Macau. For order less than HK$300, the delivery charge is HK$30 per order.
The total price specified in the final checkout screen includes shipping costs, if applicable. This total price will be recorded in the Order Confirmation. If payment is made by credit card, such total price will be reflected on your bank statement.
The prices of the Products will be as displayed on the Website. Prices may change from time to time, but changes subsequent to payment will not affect any order which we have confirmed in the Order Confirmation.
Retention of Ownership
Any Products purchased from the Website remain the property of FOOTSPOT until the payment process on the Website is completed and it is delivered to the Carrier (as defined below).
The Products you order will be sent, via the carrier designated by FOOTSPOT ("Carrier"), to the delivery address that you have given or selected, as the case may be. You agree that all Products ordered via the Website shall be shipped by the Carrier.
Standard Delivery Time
Generally, delivery time is approximately 1 to 5 business days after the Product(s) under any order is shipped. The above delivery time is estimative only, and the exact delivery time will vary depending on region and district being selected. For the purpose of these Terms and Conditions, "business days" mean any days which exclude Sundays and public holidays and any days on which a tropical cyclone warning signal no. 8 or above or a black rainstorm warning signal is issued in Hong Kong or bad weather warning of similar effect is issued in Macau at any time between 9:00 a.m. and 5:00 p.m.
Please note that we are unable to, and we do not accept orders to ship Products to PO boxes.
Acceptance of Products
Please check your ordered product(s) (including complimentary gifts) in the presence of carrier to confirm the quantity, type, color, size and intactness. Please accept the product(s) only after the forgoing is confirmed by you. In case that you discover any shortfall, inconformity, obvious material or production defects or damage to the product(s), please notify us immediately by email or phone. If, pursuant to any rules of common law, statutes and regulations of Hong Kong, you are entitled to reject or refuse to accept the products, you must reject or refuse to accept the Products by (i) notifying us by email or by phone and (ii) returning the same at your own costs to FOOTSPOT in accordance with Clause 13 of these Terms and Conditions. It is not sufficient for you to only intimate to FOOTSPOT that you reject or refuse to accept them.
Passing of property
Property in the products you have ordered will pass to you when they are delivered to the carrier. Once the property in the Products have been passed to you all risk of damage to, or loss of, the products shall pass to you. If you fail to take delivery or the carrier is unable to deliver the products, the risk in the products will still pass to you, and we shall be entitled to charge you for any additional storage costs or delivery fees incurred by us.
Promotional discounts are non-transferable and there is no cash alternative. Only one promotional code will be accepted per order. The terms and conditions may vary for each promotional code and we reserve the right not to accept, honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions. We reserve the right to cancel an order in the event that an unauthorized promotional code has been used.
Return/Exchange of Products
Return/Exchange of Products
Return/exchange without quality issues
For Products without quality problem purchased at the Website, you can apply for a return/exchange within seven (7) calendar days from the date of receipt of the Products (based on the date of receipt on the logistics document), and FOOTSPOT reserves its rights to refuse a return/exchange request in its absolute discretion. If FOOTSPOT agrees to the return/exchange request, each order is allowed to return/ exchange once only, and such exchange must be a product of same price or higher price. Please note that we only accept returns/exchanges if the returned/exchanged Products meet all the "Return/Exchange Conditions" described below and do not fall within any of the "Return/Exchange Exclusion" described below.
Return/exchange with quality issues
For products with quality problems purchased at our website, you can request a return/exchange within fourteen day from the date of purchase. It is our policy to arrange for return/exchange of products with quality problems which satisfy all the “Return/Exchange Conditions” described below and do not fall within any of the "Return/Exchange Exclusions” described below, after our after-sales service center in its absolute discretion is satisfied that there are quality problems regarding the products. Please note:
Products not sold through our website, i.e. FOOTSPOT Hong Kong official online store.
Products that are bought during specific offers or promotional events which explicitly state that return or exchange are not allowed.
Return / Exchange process
Please refer to the Help Centre or contact our customer service for specific return/exchange procedures, which shall form part and parcel of these Terms and Conditions. When returning the product please indicate the reason for the return in the delivery note for timely processing. If the delivery note is lost, please prepare a blank sheet of paper and fill in your name, order number, item number, quantity and reason. You also need to indicate the item number, color, size and other information related to the returned/exchanged product(s). The newly exchanged item will be sent to the delivery address on the original order; if there is any change in the delivery address, please let our customer service know in advance. If you request to exchange the products, your return request cannot be accepted before the exchange is completed. If you have requested an exchange for any of the products in the order, you cannot request for further exchange in the same order until the existing exchange process is completed. Besides, you may also exchange at designated FOOTSPOT Retail Store.
Return / Exchange delivery and postage instructions
Please note that we only accept returns/exchanges by SF Express or at designated FOOTSPOT Retail Store.
Returns/exchanges from normal mail, registered mail and express delivery will not be accepted. For return/exchange without quality issues, the cost of postage is borne by you. We recommend that you insure your shipment for safe return to us, and you are requested to declare the full value of the shipment to the courier company so that you are completely protected if shipment is lost or damaged in transit. If you choose not to insure or declare the full value of the returned/exchanged products, you will be responsible for any loss or damage to the products during shipping. We are not responsible for any risk of damage to, or loss of the products upon return.
For the returned products, once we confirm that the return conditions and requirements are met, we will refund the actual payment within 20 business days after receiving the returned Product(s), but:
We have the right to deduct the partial refund amount if your returned Products were bought together with other products to enjoy our threshold promotions or offers.
We have the rights to deduct the shipping fee from your refund amount if your returned Products were bought together with other merchandise to enjoy a free shipping promotion.
The time of receipt of the refund depends on different refund methods. The time of actual refund to your account depends on different banks or payment platform operations. It may take up to 20 business days. If the return does not meet the return conditions or requirements, we will contact you and return the product(s) to you at your cost.
Disclaimer of Warranties
The website and any products or services made available through the website are provided to you "as is" without any warranties of any kind, whether express, implies or statutory. You agree that you must evaluate, and that your bear all risks associated with, the use of the website, including without limitation, any reliance on the accuracy, completeness or usefulness of any materials available through the website. FOOTSPOT and its affiliates, suppliers and service providers disclaim all warranties with respect to the website and any product or service (including without limitation, third party products and services) obtained through the website, to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
Limitation of Liability
Neither FOOTSPOT nor any of its affiliates, suppliers, or service providers will be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contact, negligence, strict liability or other theory, including without limitation, damages for loss of profits, use, data loss of other intangibles, loss of security of information you have provided in connection with your use of the website, or unauthorized interception of any applicable information by third parties, even if advised in advance of applicable damages of losses. In particular, and without limitation, neither FOOTSPOT nor its affiliates, suppliers, or service providers will be liable for damages of any kind resulting from your use of or inability to use the website or from any content posted on the website by FOOSPOT or any third party unless such damage is the result of any willful misconduct on the part of FOOTSPOT. Your sole and exclusive remedy for dissatisfaction with the website is to stop using the website. The maximum liability of FOOTSPOT and its affiliates, suppliers, or service providers for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall not exceed HKD400.
While we try to maintain the integrity and security of the Website and the servers from which the Website is operated, we do not guarantee that the Website will be or remain secure, complete, or correct, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with these Terms and Conditions. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third-party alteration to the Website, contact us at email@example.com with a description of the material(s) at issue and the URL or location on the Website where applicable material(s) appear.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these jurisdictions, the relevant limitations or exclusions may not apply to you.
FOOTSPOT reserves the right to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) or your use of this Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Website, Products and services available on or through the Website at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.
Any sections of these Terms and Conditions that must survive termination to give effect to their intent and meaning shall survive termination of these Terms and Conditions. The termination of your account shall not affect any rights of FOOTSPOT or any liabilities and obligations of you accrued prior to such termination.