Terms of Service
Terms & Conditions – Coco Color Company Limited.
This website is owned and operated by Coco Color Company Limited, a private limited company, registered in Hong Kong Special Administrative Region. If you wish to email us, please use CocoPen@cococolor.com.
Definitions
“Website” – www.cococolor.com and other legally owned and operated websites be Coco Color Company Limited
“Buyer” - The name of the person making the purchase on our website;
“Transaction” - The Order, Order Confirmation and Payment;
“Content” – Information given by Coco Color Company Limited to the Buyer for the purposes of making their Purchase and executing their Transaction AND information given by the Buyer to the website and 3rd part payment gateway and 3rd party Shipping company for the purposes of making their Purchase, Transaction and Shipping;
“Purchase” – Buying one of our product on our website ;
“Price” – The amount of money payable for the product in force at the time of purchase (excluding any local import taxes & duties in the Buyer’s country or Territory, for which the which the Buyer is responsible under the ‘Pricing and Payment’ section of our Terms & Conditions, subject to any promotional offer or discount then applicable;
Shipping” – 3rd Party Postal companies offered to the Buyer to ship and deliver the Product.
“Defective” - A defective, damaged or faulty product;
“Terms & Conditions” - The standard terms and conditions of business set out in this document.
Our Terms & Conditions govern the contents and use of our website www.cococolor.com and Terms & Conditions by which we sell our products made available (including pre-orders when available) for sale on our website. Please read our Terms &Conditions carefully. By using our website and/or purchasing our products (including pre-orders when available) you signify that you have read, understand and agree to be bound by our Terms & Conditions. You can print a copy of our Terms & Conditions by clicking on the print icon on your browser.
Our Terms & Conditions shall apply to all transactions of our products via our website and shall supersede any other Terms or Conditions contained or referred to elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed otherwise in writing by Coco Color Company Limited.
If you do not agree with our Terms & Conditions then you may not our website or purchase our products available for sale (including and pre-orders when available). Our Terms & Conditions are subject to change from time to time, and it is recommended that you review them prior to making any purchases, so you are aware of the Terms & Conditions at your time of purchase. If any changes are unacceptable to you, you are free to leave the website. If you continue to use our website and make purchases, you will be deemed to have accepted our modified Terms & Conditions.
Accessing and using the Site
You may only use our website for proper, lawful and responsible purposes which do not breach of any legislation or laws that applies to you in your own country or territory. You agree to comply with all reasonable instructions that we may present to you from time to time regarding use of our website.
Upon making your purchase and executing your transaction, you acknowledge that we may review your these, and the Content it contains, for adherence to our guidelines and compliance with these Terms & Conditions and that we may refuse to accept and/or process an order where we believe that the Content is in breach of these Terms & Conditions and our guidelines.
Property rights and rights of use
All intellectual property rights (meaning patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs) in and to the website and all content and materials contained in the website are wholly owned by and shall remain wholly owned by Coco Color Company Limited or our licensors. Our website content may only be used for your personal, non-commercial purposes and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form of by any means in whole or in part. You may not remove any copyright or other proprietary notices contained in of our websites, without the expressed written permission from Coco Color Company Limited
Orders and Specifications
To make a Purchase and execute a transaction you will need to follow the order procedure set out on our website. Details of the Price payable in respect of any Product (including pre-orders when available and Shipping of the Product to the Addressee and the procedure for payment are displayed on the website.
All Products are offered for sale subject to availability and subject to the acceptance of your order by Coco Color Company Limited
We reserve the right to reject any Purchase without the obligation to assign any reason for so doing. No Purchase shall be deemed accepted by Coco Color Company Limited until we have confirmed it unconditionally in the Purchase and Transaction Confirmation.
The Purchase Confirmation will contain details of your Purchase, the Price of the Product(s) and Shipping Costs plus estimated time of delivery offered by the transport method and company, chosen by the Buyer, at the time of the Purchase. It is your responsibility to contact us and notify us of any error or mistake with the Purchase as soon as reasonably practicable. Failure to do so may lead to the incorrect Purchase being sent out the Buyer, or to the incorrect address given by the Buyer. All times or dates stated for delivery are estimates only and are dictated by the method and company chosen by the Buyer at the time of Purchase and Transaction. Coco Color Company Limited is NOT responsible for the product after it has been accepted for shipping by the method and Company chosen by the Buyer and the time of Purchase and Transaction.
We may revise, discontinue or modify products or services at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product or service is not available.
Pricing & Payment
We may change the price of any Product before you make a Purchase and complete your Transaction.
Despite Our best efforts, some Products listed on our website may be incorrectly priced or the price may increase between your purchase and our acceptance of your purchase. We will normally verify prices as part of the dispatch procedures so that, where a Product’s correct price is less than the stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the website, We will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection so that you can then re-order at the correct price if you wish.
All website purchases are made and shipped from Hong Kong. NO SALES or EXPORT TAX IS CHARGED ON PRODUCTS & SHIPMENTS FROM HONG KONG.
Buyers with a delivery address in countries or territories that charge import duties & taxes are wholly responsible to pay such import duties and taxes locally on import of the purchase (including VAT). Any such additional charges as well as costs for customs clearance etc. are accepted and will be paid by the Buyer as importer of record for the Product(s). Your local customs office should be able to provide you with their local charges and further information.
Full Payment for the Purchase and Shipping is made through our payment gateway providers at the time the Buyer Transacts their Purchase, which has been accepted by us. The Buyer is be required to submit your payment details to the relevant third party payment gateway provider and the Buyer may also be required to accept additional terms and conditions in relation to the use of that 3rd party payment gateway company or service provider. We do not accept, and exclude Coco Color Company Limited to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such a 3rd party payment gateway company or service provider.
The Buyer warrants that all of the details which provided to us for the purposes of their Purchase, Transaction and Shipping to the delivery address provided to be correct and that the chosen method of payment is the legal property of the Buyer, who has sufficient funds or credit facilities available to cover the full cost of the Purchase, Transaction and Shipping.
Delivery and Acceptance
The place for the delivery of your Products will be as shown on the Purchase, as the delivery address given by the Buyer whilst making the Purchase. The normal method of Shipping is via Hong Kong Post, specifically their “i-Mail” or “e-Express” Services. These services are which traceable through local national Postal Service agreement in other countries. Please check with your local National Postal Service to see if this service is available to you in your country.
The Buyer can otherwise opt-out of the normal shipping service, in favor of any other Shipping options made available to the Buyer, including other international courier services and be wholly responsible for the shipping and other charges levied by such 3rd party courier or shipping services.
If you have ordered more than one Product, We reserve the right to make delivery of your Order by installments. If the Order is to be delivered in installments, each delivery will constitute a separate contract.
We will make best efforts to process your accepted and completed Transaction Purchase and manufacture and ship your Product within the time period stated for each item on our website.
Manufacturing times may vary and any times quoted for the delivery of goods are indicative and best estimated times only. Time for delivery shall not be of the essence of these Terms & Conditions and Coco Color is not be liable for any losses damages or expenses which the Buyer may sustain as a result of any delay or damage in the shipment of your Purchase.
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When the name of the recipient on the address given by the Buyer at the time of the Purchase receives the Product(s) they must inspect them for any defects or non-conformity before signing for acceptance in good condition. If the recipient signs for acceptance of the Product in good condition, they are accepting the goods are in an acceptable condition. Any packages not signed for but accepted are also considered signed in good condition.
If you can see any sign of damage to the parcel/s please sign as damaged otherwise we cannot consider to refund or replace the item, beyond your statutory rights. Please also refer to our Warranty Statement , for details of limited Warranty. You must be available to accept delivery on the delivery date as the local National Postal Service or 3rd part courier may only attempt re-delivery a limited number of times. If delivery is refused or returned due to a faulty address, The Buyer is deemed liable for any such charges or return fees. If the Buyer or the recipient on the delivery address given by the Buyer at the time of the Purchase, wrongfully fails to take delivery of the Purchase, Coco Color Company Limited shall be under no obligation to refund any monies.
Risk and Property
Risk, damage and loss of the Purchase will pass to Buyer upon delivery to the delivery address given by the Buyer at the time of the Purchase. Notwithstanding delivery and passing of the risk in the Purchase, property and ownership of the Product(s) in the Purchase, shall only pass from Coco Color Company Limited to the Buyer when Coco Color Company Limited has received full payment for the Purchase and Shipping from the Buyer.
Returns, Refunds and Cancellations
The Buyer warrants they can cancel a Purchase (excluding a Pre-Order when available) only in the following circumstances:
(a) If Coco Color Company has failed to ship the Purchase ex-Hong Kong within 60 days after the date the Buyer Purchased the Product(s);
(b) In the case of Defective Products at the earliest opportunity after you have discovered that the fault or defect (provided that the Buyer shall be deemed to have inspected the Product as soon as reasonably practicable after acceptance of delivery and in no case longer than 7 days after receiving the product).
If an Order is cancelled under the conditions in (a) or (b) above, Coco Color Company warrants that it shall be responsible for all monies paid (including initial and re-delivery charges (if any) in respect of the Order in question. For the avoidance of doubt, save in respect of Defective Products, nothing in these Terms and Conditions shall give you rights to cancel an accepted Purchase & completed Tranaction. Nothing in this clause affects your statutory rights.
Notice of intention to cancel must be made by email to returns@cococolor.com
Disclaimers and limitation of liability
Whilst we endeavor to ensure that the information contained on the website is correct and error-free, we do not warrant the accuracy and completeness of the website. We may make changes to the website from time to time, to any products, prices or fees described in it, at any time without notice. We will exercise all reasonable skill and care in publishing accurate content on the website. Some 3rd party content may be provided by 3rd party companies and we do not guarantee or cannot accept any responsibility for the accuracy, completeness, currency or reliability of any such 3rd party website content.
Therefore, except as expressly provided in these Terms & Conditions, the Site and all website provided through it are provided on an “as is” basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or Site Content or that your use of the Site or Site Content will not infringe the rights of any third party).
We do not warrant that our website, content and any function of the website or 3rd party plug-ins will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations that the website, content and any function of the website or 3rd party plug-ins will be will meet your requirements nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability, or otherwise. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Liability
We warrant to you that any Product purchased from Coco Color Company Limited via the website is of satisfactory quality and reasonably fit for the purposes for which Product(s) are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise). Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased (excluding taxes and delivery costs).
You expressly warrant that your use of and browsing of the website and the use of Site Content are at your own risk.
Subject to the above, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this website, content and any function of the website or 3rd party plug-ins; (ii) these Terms & Conditions (iii) the Product(s) (iv) any failure or delay in the use of any component of the website, content and any function of the website or 3rd party plug-ins, without limitation, any unavailability of the services irrespective of the duration of any period of unavailability; (v) any use of or reliance upon any website content and any function of the website or 3rd party plug-ins or any other information, material, software, products, services and related graphics obtained through the website content and 3rd party plug-ins, in all cases even if we have been forewarned of the possibility of such loss or damage.
We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms & Conditions by reason of any event or circumstance outside Our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.
Indemnity
You agree and warrant to indemnify, keep indemnified, defend and hold Coco Color Company Limited, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your use of the website, content or the services provided through the website, your conduct in connection with the website or services provided or with other users of the website, any Purchases, Transactions, dealings or arrangements with any 3rd party via the Website or on a 3rd party website, or any violation of these Terms 7 Conditions or of any law or the rights of any 3rd party.
Termination
We may remove the website or cease the provision of any of the services available through the website at any time in our sole discretion for any reason whatsoever. We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.
Data Protection and Privacy
We will only use any personal information that we may collect about you in accordance with our Privacy Policy. This policy forms an essential part of these Terms & Conditions and it is important that you read it. By accepting these Terms & Conditions you also accept and consent to our Privacy Policy and Warranty Statement.
Governing Law
This agreement is made under the laws of and subject to the jurisdiction of the courts of Hong Kong Special Administrative Region.
Registered Company Address
The registered address for Coco Color Company Limited is 1A, 18 Costa Avenue, Discovery Bay, Lantau Island, Hong Kong Special Administrative Region.