1 - Acceptance of the General Terms and Conditions
Thank you for visiting our website www.tonggohk.com (“Website”). This Website is owned and operated by Whenever Production limited (“Tonggo”, “we”, “us” or “our”). Tonggo reserves at our absolute discretion the right to interpret this legal agreement of Terms and Conditions (as defined below) of the Website (“Agreement”), and with the use of our Website (by accessing, browsing, using, subscribing with, registering with, logging-in, and / or placing an order on the Website), you confirm that you have read, understood and agree to these Terms and Conditions in their entirety and are bound by the Agreement with immediate effect. Please read all the Terms and Conditions carefully before you start to use the Website.
- This Agreement shall not form any legal relationship nor be used to resolve any legal dispute between you and other customers in the course of any online transactions. You agree to comply with these Terms and Conditions when we render our services to you pursuant to Article- 4.
- All legal notices on this Website which relate to your use of the Website together with all applicable Terms and Conditions govern your use of this Website. All these Terms and Conditions set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
- . For the avoidance of doubt, all of the Terms and Conditions shall apply to and govern your usage of Tonggo, as well as our associated online sale web-store(s), including without limitation.
2 - Revision of the Terms and Conditions
Tonggo reserves at our absolute discretion the right to amend and update the Terms and Conditions at any time. We shall post such updated or amended version at Tonggo as notification. If you do not agree to, or cannot comply with the Agreement, you should not use the Website. Please note that your use of the Website will be deemed to mean that you have read through and agreed to accept whatever Terms and Conditions prevail at the time of such usage of the Website, as implying that you agree to comply with and to be bounded by the Agreement without any reservations, modifications, additions or deletion. Unless otherwise specified, all the updated or amended parts shall form part of the Agreement.
3 - Usage Guidelines
Customer should be an eligible person to access Tonggo, to register as our member, to log-in at our agreed manner, to shop and purchase at Tonggo. You must reach the age of 18 or above and hold a valid email address. If you are under the age of 18, then you must get your guardian’s permission for such access and usage. You should procure that your subscription, registration or access will not be subject to any sanction as enforced by any country, international organizations, trade bureau, statutory or regulatory restriction. You shall be solely liable if you are sanctioned due to any of the aforesaid restriction. In these circumstances, Tonggo may un-subscribe, de-register, withhold, suspend, permanently cancel or terminate your membership account, and / or prohibit from rendering our services to you.
(1) to provide us with accurate, complete and updated information for subscription, registration and / or delivery purpose, and update us from time to time in case of any change;
(2) if it is found that your information provided, or Tonggo reasonably believes that your information provided, is not accurate, complete or updated, then Tonggo may withhold, restrict, suspend, cancel or terminate your membership account, and / or prohibit from rendering our services to you, without any liability on our part.
You shall not cause any act to:
(1) post materials or send emails (whether in the format of reviews, software, images, videos and photos, etc) containing contents which are illegal, profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous; or which are discriminatory comments; or which might be considered to be harassment, abuse or threats against the personal safety or property of others; or which may have criminal accusations; or which may express agitations or discriminations against any persons of any color, race, gender, religion, political belief and nationality;
(2) use this Website to have political or religious propaganda;
(3) post spam, advertisement or junk emails;
(4) post any materials which impersonate others or personal information about anyone, that to misrepresent the public that such is posted or forwarded by us;
(5) post anything which is or may be harmful to teenagers in whatever manner;
(6) use this Website in a way that may infringe the rights of Tonggo or anyone else or that may restrict or inhibit anyone else’s enjoyment of this Website, nor do any act that may result in any civil action caused by such infringement via your posting of any materials or sending of any emails;
(7) result in any criminal prosecution, civil prosecution, or breach of local law or the laws of any foreign country.
- Tonggo, in our absolute discretion, reserves the right not to publish your reviews, comments, submissions or remove any of them, and take such appropriate action that we deem it necessary or that we believe do not comply with the Terms and Conditions herein.
4 - Services Scope
- Tonggo renders, inter alia, the following services:
(1) to post our latest products, brands latest information, other advertising and promotional activities;
(2) to render online purchase services to customers; and
(3) any other new services as updated by us from time to time.
- Unless otherwise specified, the contents displayed at this Website are solely for the purposes of rendering the aforesaid products and services available to customers residing in China, Hong Kong .
5 - Formation of Contract
- Please note that completion of the online check-out process does not constitute our acceptance of your offer to purchase products or services from us. Before our acceptance of your offer to purchase, no formation of contract exists. Customers must follow the purchase instruction to submit the order and make the payment. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we are in receipt of your full payment and our dispatching of the product(s) that you ordered from us. Though we shall use our best endeavours to process all the orders, there are still certain extra-ordinary situations that we may have to decline the orders. In these circumstances, Tonggo has the sole discretion and right to decline your order for any reason at any time, without any liability on our part.
- All products sold and services rendered by this Website are for your own personal use. Commercial or business re-sale is strictly prohibited. If we are suspicious of your purpose of using our products and services, we may decline your orders or refuse to sell our products and / or services to you, without any liability on our part.
6 - Risk of Delivery and Ownership
Risk of the products (including risk of loss and/or damage to the products) shall pass to customer when the products are delivered to the delivery address specified in the customer’s order or when the products are collected by customer on its own at our designated store(s). Ownership of the products shall only pass to customers when purchase price of the products (including the delivery costs, in case of choosing our standard delivery service) are fully received by Tonggo.
7 - Payment and Purchase Price
- Customers should settle purchase price of the products and the related delivery costs (in case of choosing our standard delivery service) in the purchase check-out. Tonggo is not liable for any delay in the delivery or non-delivery caused by your failure to pay us.
- All purchase price shown herein is inclusive of value-added taxes or sale taxes, but exclusive of any delivery cost (which shall be paid by you on top of the purchase price, in case of choosing our standard delivery service). Tonggo shall use its best endeavours that the price shown is accurate and updated. However, if the price shown is wrong or not the most updated one:
(1) then if the correct price is lower than the shown price, then the lower price shall prevail (and the paid exceeding sum shall be refundable to you); or
(2) if the correct price is higher than the shown price, then the shown price shall prevail.
- Notwithstanding the aforesaid, even after sending you of our ordering acceptance email, if there is a manifest error in the purchase price, or such error is so obvious that you should be able to easily distinguish, then Tonggo shall have no obligation to sell the products at such wrong (or mistaken) purchase price.
- To the maximum extent that the laws permits, Tonggo reserves its right to amend or vary the purchase price, any other charges, product descriptions, availability of the products and other Terms and Conditions at any time and from time to time provided that such amendment or variation shall not affect those orders that have been accepted by us via email confirmation.
- From time to time, we may offer you free gift(s) upon your certain spending or accumulated spending at Tonggo. Your payment price is inclusive of the free gift so offered. Please refer to our promotion from time to time offered at Tonggo. Our offers of the gift(s) shall only be dispatched after 7 days from the date of your purchase, provided that you do not request us to refund or return your purchased products (whether wholly or partially) to us.
8 - Suspension and Termination of our Services
- Tonggo strives to ensure that this Website remains to be accessible all the times. However, we cannot guarantee that your access to this Website may not be blocked caused by technical constraints and stability in the internet world. Tonggo shall try to give you our prior notice on any suspension, termination or variation of all or part of our services rendered herein caused by (without limitation) any of the following circumstances:
(1) routine system upgrade, urgent maintenance or system breakdown;
(2) fire incident, suspension of electricity supply, or unavailability to provide the services;
(3) demand, notice or order by court, governmental or regulatory department; or
(4) other circumstance that we deem it necessary.
- Tonggo shall not hold any responsibility for any suspension or termination of services caused by any of the above circumstances.
9 - Intellectual Property Rights
- Tonggo has the utmost respect for the intellectual property rights and our affords (whether by our team or our business partners) on the operation and brand management at this Website should also be respected too. Each and every component at this Website (like brands, pricing, images, texts, photos, videos etc) are protected by intellectual property rights. Tonggo or its respective licensors own and hold all the copyrights, trademark, and other intellectual property rights on the materials, images, descriptions, computer code and any other submissions contained herein. The contents of this Website are intended solely for personal, non-commercial use and are displayed solely for the purposes of promoting and marketing our business, products and services hereof.
- Without our authorization, no one could:
(1) for whatever purpose (including but not limited to commercial purpose), use, reproduce, publish, distribute, display in any way, in whole or in part, contents of this Website in whatever channels or media;
(2) amend, transmit, re-divert, sell or otherwise exploit any contents as shown at this Website which may infringe our intellectual property rights; and
(3) amend, transmit, re-divert, sell, or otherwise exploit any product images, descriptions, texts, names, photos, videos etc as shown at this Website which may infringe our intellectual property rights.
- All data, ideas, concepts, submissions and other information collected or derived from the information made available to us through this Website shall deem to be and remain our property and we shall have free use of it without any confidentiality or other restriction, except as otherwise stipulated by the laws of the China, Hong Kong .
10 - Links to Other Websites
- We may have placed links on this Website to other websites we think you may be interested. We do not vet these websites and do not have any control over their contents. Such linkage is for your better convenience in browsing the contents. It is your own choice and responsibility in visiting the third party’s websites and we will not accept any liability in respect of the use of these websites.
- No linking to this Website is allowed without our prior written permission.
11 - Disclaimer of Liability
- Whilst Tonggo tries to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and Tonggo is not able to guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery or upon collection. The weights, dimensions and capacities shown on the Website are approximate only. We will not be liable for any loss or damages (without limitation, we will decline any refund request) caused by or arising from any customer’s expectation on the information obtained from or through this Website. It is your responsibility to evaluate the information and other content materials available through this Website, and the Website and its corresponding content materials are subject to change at any time without prior or subsequent notice. The revision will take effect when they are posted.
- The delivery obligation of Tonggo is deemed to be fully discharged when the ordered products are delivered to the designated address of customers or are collected by customers in person at our designated store(s). Customers shall be solely liable for any delay in delivery/ collection or non-delivery if the information provided is not accurate.
- Tonggo may determine if the customers have acted properly in compliance with the Terms and Conditions set out in this Website. If we have reasonable grounds to believe that customers may have violated any of these, we may withhold, restrict, suspend, cancel or terminate your membership account, and / or suspend or terminate our provision of services to you, without any liability on our part.
- Customers shall fully indemnify and keep other customers and any third party fully indemnified against any loss and damage caused arising from such customer’s use in connection with this Website, and Tonggo disclaims any liability relating thereto.
- Tonggo makes no representation or guarantee of any kind, express or implied, including but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose, or non-infringement or freedom from any actual, direct, indirect, punitive, incidental, exemplary or consequential loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusions whatsoever, and Tonggo disclaims any liability relating thereto.
- If, for whatever reason, customers are not able to accept our services rendered herein, Tonggo shall not be hold any responsibility to such customers or any third party.
- Customers must follow our advice given to keep the products that we supply safe (including any instructions or product manuals provided with the products). Tonggo will not accept any liability for damage to products which is caused by customer’s failure to follow our advice.
- Under all circumstances, Tonggo will not be liable for any losses related to any business of customers including but not limited to lost data, lost profits, lost revenues and / or business interruption.
- Tonggo shall not be liable for any delay or failure to deliver the products, or any delay or failure in case of customers’ collection of the products, if such is wholly or partly caused by circumstances beyond our control. If such happens, we will make every effort to notify you.
12 - Assignment
Tonggo may assign, transfer or sub-contract any of our rights or obligations under the Terms and Conditions to any third party at our discretion but such should not affect your statutory rights and interests.
13 - Severability
If any provision of the Terms and Conditions shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
14 - Waiver
No relaxation or delay by Tonggo in exercising any right or remedy under the Terms and Conditions shall operate as waiver of our right or remedy or shall affect our ability to subsequently exercise such right or remedy. Any waiver must be issued by Tonggo in writing.
15 - Rights of Third Parties
Only Tonggo and customers shall be entitled to enforce the Terms and Conditions. Both Tonggo and customers to the Agreement do not intend that any term of the Agreement should be enforceable, by virtue of the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the laws of China, Hong Kong ) or otherwise, by any person who is not a party to the Agreement.
16 - Interpretation
To the extent permitted by law, Tonggo reserves the final interpretation right to the Terms and Conditions.
17 - Governing Laws
All the Terms and Conditions shall be construed in accordance with the laws of China, Hong Kong . By accessing this Website and/or using the online services, you agree that such access and/or use, as well as the Terms and Conditions in this Website shall be governed by, and construed in accordance with, the laws of the China, Hong Kong and you agree to submit to the non-exclusive jurisdiction of the courts of the China, Hong Kong .