Shopping Terms and Conditions
Thank you for visiting the official Moment Watches (“Moment Watches,” “we,” “us”) website(s) (the “Site” or “Sites”). Access to and use of the Site and related services (collectively, the “Services”) are made available to you in accordance with the following terms (the “Terms Of Service” or “TOS”). By using the Services, such as placing orders on the Site, you are agreeing to all of the Terms Of Service published on the Site at the time of such usage. Moment Watches is a company registered in Hong Kong SAR under the name of Snowdon Industrial Company Limited. Our registered office and corresponding address is Room E, 19/F., Vigor Industrial Building, 49-53 Ta Chuen Ping Street, Kwai Chung, N.T., Hong Kong.
Moment Watches reserves the right to make changes to the Site, related policies and agreements and the TOS at any time. You are advised to check the Site from time to time to check the update or changes to the said policies and agreements and the TOS.
1. 2 In using the Site, you agree to accept responsibility for all activities conducted through your account. You are responsible for keeping your account and password secure. If you feel or suspect that the security of your account has been compromised or if there is unauthorised use of your account, please contact us immediately.
2. Prohibitions and Failure to Comply
We may take actions against your account for activities including, but not limited to:
a) Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way;
b) Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material;
c) Advertising or sending unsolicited messages of any kind; and
d) Impersonating others or providing any kind of false information.
Moment Watches reserves the right to terminate any account at its sole discretion. We may send you an email to inform you of the termination of your account in such event.
3. Intellectual Property
3.1 All software and any text, audio or music, video, graphics, photographs, and image in the Site (the “Content”) are the intellectual property of Moment Watches and are protected by intellectual property and copyright laws and international treaty provisions. The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by Moment Watches and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior written consent or authorization of Moment Watches. Any such unauthorized actions may result in civil consequences or criminal penalties.
3.2 Moment Watches reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.
4. Third Party Links
The Site may include links to other websites or resources that are not operated or prepared by Moment Watches. We have no control over such sites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.
5. Eligibility to Purchase
5.1 In order to place orders with us, you must meet our conditions of eligibility:
a) Be aged 18 years of age or over;
b) Be in possession of a valid credit card issued by a licensed bank acceptable to Moment Watches for payment or be in possession of a valid PayPal account;
c) Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site);
5.3 All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.
5.4 The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.
6. Product Description
Moment Watches will endeavour to ensure that the Content and the product descriptions on the Site to be accurate and complete as possible. We however do not warrant that the Content and product descriptions are accurate, complete, current or error-free. Please refer to our Returns policy if you feel a product offered by Moment Watches is not as described.
7. 1 Prices are shown on the Site in US Dollars (USD). Prices displayed on the Site at the time your order is accepted will be honoured except in the case of obvious error. Whilst we use our best endeavours to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.
7.2 If your credit card is not denominated in US Dollars (USD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
7.3 We reserve the right to change the price of any product at any time.
We accept payments made by PayPal or credit card.
By placing an order using one of the above online payment methods, you confirm that the PayPal or the credit card account used is yours or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to Moment Watches, we will not be liable for any delay or non-delivery.
9. Acceptance of your Order
Once you have entered your personal and payment details and placed your order, we shall send you an email acknowledging the receipt of your order. This email is only a confirmation of receipt of your order and does not constitute an acceptance of your order. Your order will be accepted and the contract between you and Moment Watches will be completed when we send you an email to confirm the goods have been dispatched to you. Only the goods listed in the confirmation email sent at the time of dispatch are included in the contract formed. All sales contracts are therefore concluded in Hong Kong SAR and are written in English.
Moment Watches reserves its right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, one of the following:
a) The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items.
b) We identify a pricing or product description error.
c) We are unable to obtain authorisation for payment.
d) You do not meet the eligibility criteria to purchase as set out in the TOS.
Our Customer Service team will contact you as soon as possible if there are any problems with your order.
10. Shipping and Collections
10.1 The expected delivery time is between 1 week to 2 weeks. We will endeavour to meet these estimates but cannot guarantee that such estimates will be met.
10.2 Moment Watches insures each order through transit until it is delivered to you or is collected. You need to sign a confirmation of receipt of the products when the products are collected and by doing so, you accept the responsibility for the products ordered from that moment on. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept this signature as an evidence of delivery and fulfilment of your order by Moment Watches. You also accept the associated transfer of responsibility in the same way.
11. Cancellations, Returns and Exchanges
11.1 You can return your order for a refund or exchange within 14 days from the date when the product is delivered to you upon your signature confirmation provided that:
a) Products must be in original condition, never worn, with all tags attached, and must be returned in the original undamaged box and/or packaging. (For this purpose, therefore, we recommend covering the original packaging of the products with another protective packaging that preserves the integrity of the same and protects it during the transportation from writing or stickers); and
b) Products must be returned together with the warranty card and a completed Return form.
We reserve the right to deduct from the refund amount any fee or charges incurred by us in relation to the return of the products. Please email customer service (firstname.lastname@example.org) to obtain a Return form.
11.2 You can cancel your purchase before the product is delivered to you by emailing our customer service, provided that if you inform us of your decision to cancel your purchase after 24 hours from the time of your purchase, we reserve the right to deduct from the refund amount any fee or charges incurred by us in relation to cancelling the purchase.
11.3 In case the box in which the item has arrived has extensive visible damage, you are requested to contact our customer support as soon as possible at email@example.com or +852 3173 8220. Your money will be refunded within 14 working days of the receipt of the product by us. We reserve the right to deduct from the refund amount any fee or charges incurred by us in relation to the product returns.
In absence of the above you shall not have the right to the reimbursement of the amount paid.
12. Your Rights
Nothing in the TOS is intended to affect your rights under the laws of Hong Kong SAR.
Views expressed in any media by the designers, companies or third parties, whose products are sold on the Site or with whom we are associated, are their own. Moment Watches takes no responsibility for any such views as they do not necessarily reflect ours.
Moment Watches does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.
Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, Moment Watches will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TOS.
14. Indemnity and Waiver
At our request, you agree to compensate us fully and hold us, Moment Watches (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes the use of the Site by any other persons using your account caused by your action or inaction.
If you breach the TOS and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach the TOS.
We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please contact our Customer Care team for any order related complaints or comments.
Moment Watches respects the intellectual property of others. If you have reason to believe your work may have been used in the Site without your permission, please contact us following this complaints handling procedure.
At Moment Watches, we are committed to protecting your privacy. Any personal information you give us will only be used to provide you with the services you have agreed to. We will take all reasonable steps to ensure that your personal information is safe and secure with us. It is important for you to note that if you purchase a product directly from us, it is necessary for us to collect some information from you to deliver your products. You are able to visit and download from our website without disclosing any personal information to us. If you purchase items from us, we will only use this information for the purposes you have agreed to. In other words, we will record the information supplied and we (or our representatives) may occasionally contact you (by post or email) to advise you of new products or special offers that could interest you. Other than this, we will not give your personal information to anyone without your approval, unless required by law. Moment Watches will keep your personal information confidential and secure. All of your information is kept in a location that is protected. Our payment processes meet the stringent international security standards set down by the Payment Card Industry to make your shopping experience safe and secure. If you have registered an account on the Site and have decided to save your card details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. If you wish to access the information we have about you at any time, you can do so by contacting our Privacy Officer. Personal information will not be disclosed without your consent. The only exception to this is where we would be required by law to do so. Moment Watches will not accept responsibility for the use of any information that has been obtained through unauthorised access.
17. Manufacturer’s Warranty
17.1 Moment Watches warrants that, during the 12-month warranty period starting from the date of purchase, the products will, with normal use and service, be free from faulty parts, manufacture or workmanship.
17.2 This warranty only applies where a defect has arisen, wholly or substantially, as a result of faulty manufacture, parts or workmanship during the warranty period. The warranty does not apply where damage is caused by other factors, including without limitation: (a) normal wear and tear; (b) abuse, mishandling, accident or failure to follow operating instructions; (c) leaking batteries; (d) exposure to liquid (excluding water in the case of waterproof products) or infiltration of foreign particles; (e) servicing or modification of the product; or (f) shipment or other transit; (g) exposure to other type of liquid that will cause staining, rusting or other chemical effect.
17.3 Customer must provide the original proof of purchase together with the stamped warranty card upon a warranty claim. Please email Customer service (firstname.lastname@example.org) for more information.
18. Governing Law and Jurisdiction
The TOS, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these TOS.
Version: April 2014