2. Prohibitions and Failure to Comply
We may take actions against your account for activities including, but not limited to: Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way. Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material. Advertising or sending unsolicited messages of any kind. Impersonating others or providing any kind of false information yoyoptical 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
You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of yoyoptical. Any such unauthorized actions may result in civil consequences or criminal penalties. yoyoptical 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
5. Eligibility to Purchase
In order to place orders with us, you must meet our conditions of eligibility:
Be aged 18 years of age or over.
Be in possession of a valid credit/debit card issued by a licensed bank acceptable to yoyoptical for payment or be in possession of a valid PayPal account, unless you have opted to pay in cash on delivery.
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)
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.
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
yoyoptical 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 Content and product descriptions are accurate, complete, current or error-free. Please refer to our Returns policy if you feel a product offered by yoyoptical is not as described.
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.
If your credit/debit card is not denominated in Hong Kong Dollars (HKD), 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.
We accept payments made by Visa, MasterCard and PayPal, as well as payments in cash on delivery.
By placing an order using one of the above Credit/Debit card and online payment methods, you confirm that the Credit/Debit card(s) or PayPal 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 yoyoptical, we will not be liable for any delay or non-delivery.
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. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorised access to any data you provide when using our Services.
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 yoyoptical 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.
yoyoptical 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:
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.
We identify a pricing or product description error.
We are unable to obtain authorisation for payment.
You do not meet the eligibility criteria to purchase as set out in this TOS.
Our Customer Service team will contact you as soon as possible if there are any problems with your order.
10. Shipping and Collections
You will be given an indication of the expected delivery time when you place your order online. Yoyoptical will try their best to meet these estimates but cannot guarantee that such estimates must be met.
yoyoptical insures each order through transit up 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 yoyoptical. You also accept the associated transfer of responsibility in the same way. yoyoptical provides free shipping on all orders above HK$500 in Hong Kong (after discounts and vouchers have been applied). Orders out of Hong Kong will be subjected to a shipping fee according to your delivery location. yoyoptical reserves the right to update its shipping policy at its sole discretion without prior notice.
After receiving the goods, customer are advised to inspect the item(s) promptly, In case of problem as situation that goods can be returned and exchanged as follows, you should take a clear photo of problem goods together with the order number and product number, and email email@example.com within 24 hours after receiving the goods.
Situation that goods can be returned and exchanged:
1. The goods are broken;
2. different style and image;
3. negligence or wrong distribution of our staff
Either of the above case(s), you should take a clear photo and send to us within 24 hours, so that we can know the problem and will do the preliminary confirmation, a preliminary confirmation reply email will be sent to you, then you can return the problem goods to our designated return address. Products must be in original condition, with all tags attached, and must be returned in the original undamaged box and/or packaging within 48 hours after our initial confirmation of goods, and inform us the order number and shipping costs and other information. Otherwise, the application will be expired, the exchange process can not be proceeded.
Situation that goods can not be returned and exchanged:
1. Not yet contacted our staff to apply the exchange before returning the problem goods.
2. The return goods has no original packaging.
3. Item(s) is involved in human destruction.
4. Return items must not fall under the list of non-refundable brands / items.
Delivery cost of Returning goods:
Delivery cost will be paid by us as "situation that goods can be returned and exchanged" as said.
Our company will not receive any "receiver pay delivery fee"'s parcel, the delivery fee be paid by the member/customer first, and we will return the fee to member account afterwards.
"Receiver pay delivery fee"'s parcel will be returned to the mailing person without any notification.
Yoyoptical 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, yoyoptical 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.
13. Indemnity and Waiver
At our request, you agree to compensate us fully and hold us, yoyoptical, 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.
14. 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.