1.1 MEMOMEM’s (“MEMOMEM”, “we”, “us) website (“this Website”) and related services are made available to you in accordance with the following terms and conditions, and other rules posted on this Website (collectively “Terms and Conditions”). These Terms and Conditions cover the sale of any of the products (Products) listed on this Website.
1.2 Please read the Terms and Conditions before placing orders from this Website. You have to agree to the Terms and Conditions in order to complete the purchase. You may print a copy of these Terms and Conditions for future reference. We are under a legal duty to supply the Products in conformity with these Terms and Conditions.
2. CHANGES OF TERMS
2.1 We may amend the Terms and Conditions from time to time at our sole discretion without notice or liability to you. It is your responsibility to review the Terms and Conditions regularly. By continuing to use the services at this Website following such amendments to the Terms and Conditions, you agree to be bound by such amendments. If you do not agree to the Terms and Conditions, now or at anytime, please do not use this Website.
3. YOUR STATUS
3.1 By placing an order through this Website, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.
4. ORDER ACCEPTANCE
4.1 Your order is an offer to MEMOMEM to buy the Product(s) in your order. You are deemed to have placed an order with MEMOMEM by ordering via our online checkout process at this Website. All orders are subject to our acceptance of your offer to buy the Product(s) ordered. We will only accept your offer when we approve your payment and notify you with the receipt of payment by sending you a confirmation email.
4.2 The contract is concluded in the Special Administrative Region of the People’s Republic of China (“Hong Kong”), and the language of the contract is English.
4.3 We reserve the right not to accept your order at any time at our sole discretion:
(a) where the Product(s) is not available;
(b) where we are unable to obtain authorization for payment;
(c) where your design is deemed to be to be indecent, obscene, pornographic, blasphemous, infringing, defamatory, libelous or otherwise objectionable, unlawful or tortious in accordance with the applicable laws;
(d) if there has been a pricing or Product description error (see “Price and Payment” at paragraph 9 below); or
(e) if you do not meet the eligibility criteria set out in “Your Status” at paragraph 3 above in the Terms and Conditions
5.1 Subject to paragraph 4.3(b) above, MEMOMEM reserves the final right to review every design and not to accept your offer in the event that your design is deemed to be indecent, obscene, pornographic, blasphemous, infringing, defamatory, libelous or otherwise objectionable, unlawful or tortious in accordance with the applicable laws.
5.2 You shall be personally responsible for any design with this Website that is deemed to be indecent, obscene, pornographic, blasphemous, infringing, defamatory, libelous or otherwise objectionable, unlawful or tortious in accordance with the applicable laws.
6.1 The colors of your watch generated by MEMOMEM on this Website are for preview purpose only. You shall acknowledge that the final Product may be subject to possible color deviations from the preview.
7.1 The delivery dates represented by MEMOMEM are estimated and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
7.2 You shall be personally responsible for any import taxes, duties and related Customs fees for imports and other costs that are not covered by your payments to us. Such charges are determined and charged by the Customs office of the destination country.
7.3 In any event if delivery is impossible because incorrect address is provided or the address provided is a destination not covered by our appointed international courier service, we will ask you for alternative address and make appropriate arrangement. You shall have no right to cancel your order once it is placed.
8. RISKS AND OWNERSHIP
8.1 The risk of loss or damage to products passes to you upon delivery.
8.2 Ownership in all products remains with us until full payment of all amounts due to us have been received from you.
9. PRICE AND PAYMENT
9.1 The price of the Products will be as quoted on this Website from time to time, subject to exception to obvious errors.
9.2 Whilst every effort is made to make sure details on this Website are accurate, we may from time to time discover an error in the pricing products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the products, we shall refund the full amount of such relevant products as soon as we are able.
9.3 We accept Visa, MasterCard and any other methods that may be clearly advertised on this Website from time to time. You are welcome to pay with PayPal. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to MEMOMEM, we will not be liable for any delay or non-delivery.
10. NO RETURNS OR CANCELLATION
10.1 Since the Product(s) with MEMOMEM is a personalized product, you shall not cancel or return any of the Product(s) that have been made to measure, altered, or personalized to your specification. No refund will be made once the contract between you and MEMOMEM is concluded.
10.2 It is your responsibility to ensure you provide the correct information to us in terms of personalization. We will not be held liable for any error made on your part in supplying information for product personalization.
10.3 In any event of artificial mistakes on our part, MEMOMEM will arrange re-delivery of the Product(s) to you as soon as possible in a reasonable period of time.
11. LIFETIME WARRANTY
11. 1 MEMOMEM offers a lifetime warranty of defects in materials and workmanship from the date of original purchase on this Website. However, this warranty is not a guarantee against normal wear and tear. Nor does it apply to the product that has been damaged by misuse, neglect, accident, modification or unauthorised repair. Please note the warranty does not cover glass or straps.
11.2 The only condition to this warranty is that your watch must be serviced at our appointed Service Centres every 2 years after the first 2 years of purchase.
11.3 If your watch requires attention within the first 2 years of purchase and upon inspection your watch is within warranty condition, all the costs involved in repairing parts upon inspection, labour and return shipping are borne by MEMOMEM.
11.4 If your watch requires attention outside of the first 2-year warranty, in order to qualify the lifetime guarantee, you must return the watch to MEMOMEM for a professional service every 2 years. The regular servicing including cleaning, lubrication, replacement of any defective parts and full testing will be charged at a reasonable price.
11.5 If you fail to return the watch to MEMOMEM for regular servicing starting from the third year, you may lose the lifetime warranty automatically. You can always send your watch to us for inspection and servicing if required. Please note that you have to bear all the costs including inspection, repairing parts, servicing and shipping.
12. COLOURS AND IMAGES
12.1 MEMOMEM has reserved the right to adjust prices, involve additional cost and change product information such as product pictures and offers without notice. The product images and information texts displayed on this Website reflect the product as much as possible. We reserve the right for any errors that may appear on this Website and cannot guarantee that all pictures accurately reflect the true appearance of your watch. All pictures should be seen as illustrations only, and do not guarantee correct appearance and characteristics.
13. DISCLAIMER OF LIABILITY
13.1 The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
13.2 Unless expressly stated to the contrary to the fullest extent permitted by law, MEMOMEM and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statue, common law or the law of equity, and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failure of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statue, at common law or otherwise.
13.3 This does not affect MEMOMEM’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 All intellectual property rights, such as trademarks and copyright, on this Website and in the material published on it are owned by MEMOMEM. Any use of this Website or its content, including copying or storing such content in whole or part, other than for your own personal, no-commercial use, is prohibited without the permission of MEMOMEM. Action will be taken against any copyright infringement.
14.2 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us on this Website without any payment to you. You hereby waive and agree to waive all and any rights and claims for any considerations, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your communications.
15. DATA PROTECTION AND PRIVACY
16. COMPLAINTS AND GOVERNING LAW
16.1 The Terms and Conditions with all our policies and procedures will be governed by and construed in accordance to the law of Hong Kong and the relevant courts of Hong Kong will have exclusive jurisdiction.
16.2 If you have a complaint, please contact us by email giving full details including date of purchase and order number where applicable and your full name and address and contact details.
Last updated: 2 August 2016