Terms & Conditions
Terms and Conditions
Date of last revision: August 2020
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.
These terms and conditions, as well as any policies linked within them (collectively, "Terms"), outline the rules and regulations governing the use of www.ckstamp.com and its mobile applications, owned and/or operated by or on behalf of CKStamp or any of its affiliates ("Platform"). CKStamp and its affiliates are collectively referred to as "CKStamp," "we," or "us" throughout these Terms.
By accessing or using these Platforms on any device, including but not limited to computers, mobile phones, tablets, or consoles (collectively, "Device"), you acknowledge that you have read, understood, and agreed to abide by these Terms and applicable laws, regardless of whether you are a registered member of CKStamp. These Terms are subject to change at any time without prior notice, and any such changes will become effective upon their publication on the Platforms. Your continued use of the Platforms will constitute your acceptance of the revised Terms. If you do not agree to these Terms, please refrain from using these Platforms.
A. Use of Platforms
1. Intellectual Property
All intellectual property featured on the Platforms (excluding "User Generated Content" as defined in Part C) is the property of CKStamp or its licensors and is protected by copyright, trademark, and patent laws. Trademarks, service marks, and trade names (e.g., the CKStamp name) are owned, registered, and/or licensed by CKStamp. All Content on the Platforms, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content ("Content"), except for User Generated Content, is a collective work protected under the copyright laws of Hong Kong and other countries. This Content is the proprietary property of CKStamp and is also safeguarded by applicable copyright laws and international treaties. All rights to this property are reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify CKStamp trademarks in any way, including for advertising or publicity related to the distribution of materials on the Platforms, without our prior written consent. Using CKStamp trademarks on any other website or network, such as storing or reproducing a part of the Platforms on an external internet site, or creating links, hypertext, or deep links between the Platforms and any other internet site, is prohibited without the express written consent of CKStamp.
2. Platforms Use Restrictions
You may use the Content solely for your personal, non-commercial use to participate in the Platforms, place orders, or purchase CKStamp products. You agree not to alter or remove any ownership notices from materials downloaded or printed from the Platforms. You also agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, post, transmit, or sell any Intellectual Property or Content, including User Generated Content (as defined below), without prior written consent from CKStamp, unless it's your User Generated Content that you legally post on the Platforms. Using data mining, robots, scraping, or similar data gathering methods is strictly prohibited. Nothing in these Terms should be construed as granting you any license for intellectual property rights.
B. Purchase of Products
1. Product Orders (applicable to users who purchase from the Platforms)
1.1. All information on the Platforms serves as an invitation to treat and is not an offer or unilateral contract. By placing an order, you are making an offer to purchase the products listed in your order ("Products") from CKStamp on the provided Terms.
1.2. Orders placed through the Platforms are subject to our acceptance. The contract of sale for the Products between CKStamp and you will not be formed until either (i) we send you an email confirming the dispatch of the Products or (ii) if you choose to collect the Products from Royal Mail acting as your agent (the "Carrier"), we send you an email confirming the dispatch to the Carrier ("Dispatch Confirmation"). If you order more than one Product under a single order, the purchase contract applies only to the Product(s) for which CKStamp has issued a confirmation email.
1.3. We reserve the right to decline or cancel your order, at our discretion, for any reason, under these Terms or for any other reason, without liability to you or any third party. In the event that your debit card, credit card, bank account, or any other third-party payment account (e.g., Alipay/Unionpay) has been charged for an order that is later canceled, CKStamp will refund the payment to your original account. More details can be found in the Purchase Terms and Conditions.
1.4. CKStamp may cancel your order (and, if applicable, refund the payment through your original payment platform) under the following circumstances:
(a) You have reached an agreement with CKStamp.
(b) Product information on the CKStamp website is evidently erroneous or the Product is out of stock.
(c) Pricing errors.
(d) Technical issues with the Platforms.
(e) Your order information is obviously erroneous, or your order quantity exceeds the stock.
(f) Cancellation is necessary due to force majeure, transportation delays, system failures, third-party attacks on the CKStamp website and Platforms, or other circumstances beyond CKStamp's control.
(g) Failure to complete payment within the specified time.
(h) Use of robots, scripts, plug-in software, or other technologies to manipulate the network for purchasing Products, potentially affecting the normal purchasing activities or the rights and interests of other users, or disrupting the orderly sale of Products. CKStamp reserves the right to take necessary legal actions to protect its rights and interests.
(i) The intent to purchase Products for resale.
(j) Using others' accounts or identities for purchase.
(k) The purchase violates the sale rules for special edition products (e.g., purchasing more than one special edition product of the same model per purchaser, using the same debit card, credit card, bank account, or third-party payment account for multiple purchasers, or having multiple orders shipped to the same address).
(l) Breach of the Terms or other regulations or policies of the Platforms, or engagement in restricted or forbidden activities on the website, or actions contrary to principles of fairness and honesty (e.g., repeatedly refusing to accept goods orders without a legitimate reason or maliciously reserving stock).
2. No Purchase for Resale
The Platforms are intended exclusively for the direct sale of CKStamp products to end consumers. Therefore, purchasing for resale is not permitted. Purchase for resale refers to the purchase of Products by individuals who intend to resell them to others, including consumers, businesses, or any third party. If CKStamp suspects that you are involved in purchase for resale, it reserves the right to take various actions, including restricting sales to you, canceling your orders, or suspending or closing your Platforms accounts.
3. Delivery, Title, and Risk
3.1. Delivery
Orders will be delivered to the address you have provided or selected using the Carrier. We are not responsible for any inaccuracies or omissions in the delivery address. Please note that there are location restrictions for delivering Products purchased from the Platforms, as outlined in the "Delivery Area."
(a) Available delivery methods for addresses in Hong Kong: (i) delivery to your residential address, (ii) delivery to your nominated address, or (iii) self-pickup of Products from designated CKStamp stores or Royal Mail stores.
(b) Available delivery method for addresses in Macau: (i) delivery to your nominated address.
Upon selecting your preferred delivery method (provided your order is accepted by CKStamp), your order will be processed, and we will make efforts to dispatch your order within the estimated delivery times provided in the "Shipping Methods & Timeline" or as otherwise specified upon order completion. Please note that the delivery dates indicated in your order, the order confirmation email, or on the "Shipping Methods & Timeline/Macau Shipping Policy" are estimates and do not guarantee delivery on a specific date. CKStamp shall not be held responsible for any failure to deliver on a particular date. Estimated delivery times are calculated from the date of order processing unless otherwise specified.
For delivery to Macau only
You acknowledge that all Products ordered on the Platforms will be shipped by Royal Mail, acting as your agent (the "Carrier"), and any claims for delivery damages must be filed with the Carrier.
There may be additional restrictions or exclusions related to Macau, as specified in the "Shipping Methods & Timeline." These restrictions may change over time, and we will make an effort to notify you of such changes.
The Carrier may request your contact details and other relevant information for the delivery of Products, in compliance with applicable laws and regulations. You agree that providing such information is at your own risk and release CKStamp from any liability for any loss or liability related to such information.
3.2. Property Transfer
For delivery to Hong Kong only
Property in the Products you have ordered will transfer to you when you or any third party, other than the Carrier, on your behalf, receives the Products.
For delivery to Macau only
Property in the Products you have ordered will transfer to you upon delivery of such Products to the Carrier or directly to you, whichever occurs first.
3.3. After the transfer of property in the Products, all risk of damage to or loss of the Products will pass to you. In the event that you fail to accept delivery, or if the Carrier cannot deliver the Products, the risk will still be transferred to you, and we may charge you for any additional storage costs or delivery fees incurred.
4. Refunds and Returns
4.1. If you wish to return any Products, you may only do so in accordance with our Returns Policy. This Returns Policy does not affect your statutory rights as a consumer.
For returning goods from Macau only
4.2. We recommend that you insure your package for safe return to CKStamp and declare the full value of the shipment to Royal Mail for complete protection against loss or damage during shipping. If you choose not to insure or declare the full value of the Products, you will be responsible for any loss or damage during shipping. CKStamp is not liable for any risk of damage to or loss of the Products upon return.
C. User Generated Content and User Account
1. Safeguard Your Username/Password
You are responsible for all activities that occur while using your CKStamp account. Keep your username and password secure and do not share them with others. We are not liable for any loss resulting from unauthorized use of your username and password, with or without your knowledge.
2. User Generated Content
User Generated Content refers to communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and other Platform users post or make available on or through the Platforms, except to the extent the Content is owned by CKStamp.
Posting Rules: User Generated Content and User Conduct
3. Be Responsible
You are solely responsible for your User Generated Content, your interactions with other users, and your activity on the Platforms. Do not engage in any actions or post content that may harm or create liability for CKStamp or its users.
4. Be Relevant and Constructive
You agree to remain on-topic and post only constructive comments and questions. Unless the Platforms explicitly request it, do not discuss policies, future products, speculations, or rumors about CKStamp and CKStamp products or any other off-topic content.
5. Be Courteous and Appropriate
Avoid flaming and insults. Refrain from posting User Generated Content or links to websites that, in CKStamp's sole discretion, are illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, or offensive in a sexual, racial, cultural, or ethnic context. Do not post photos or videos of another person without their consent, and do not stalk, intimidate, abuse, harm, or harass other Platform users or individuals.
6. Be Private
Refrain from posting personal information. Do not collect or solicit personal information from other Platform users or send unsolicited emails or communications. Do not collect, use, or post the private information of anyone else without their consent or for illegal purposes.
7. Be Original
You affirm that you own or control all rights in any User Generated Content you post on the Platforms. Ensure that any User Generated Content you post does not infringe or violate the rights of others, including copyright, trademark, patent, trade secret, privacy, publicity, or other personal or proprietary rights. Do not submit User Generated Content unless you own it or have permission from the owner to post such content and grant CKStamp all the license rights specified in these Terms.
8. Be Legal
Do not use the Platforms unlawfully or in a manner that could create liability or promote illegal activities. Do not take actions that interfere, disrupt, damage, disable, overburden, or limit the functionality of any computer software or hardware, telecommunications equipment, or the Platforms. Do not post User Generated Content containing software viruses, programs, or other malicious code. Do not circumvent or modify Platform security technology or software.
D. Warranty Disclaimer
1. Content Disclaimer: CKstamp.com ("we" or "the Website") is not responsible or liable for any User Generated Content or other content posted on the Website, including any offensive, unlawful, or objectionable content you may encounter on or through the Website.
2. Product and Service Disclaimer: The Website, User Generated Content, content, and the materials and products available on this platform are provided on an "as is" basis and without warranties of any kind.
3. Limitation of Warranties: To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. This section does not affect your statutory consumer rights, and, regarding products, does not exclude or limit our liability for any breach of statutory rights, including but not limited to good title, no encumbrance and quiet possession, correspondence with description, merchantable quality, fitness for purpose, and correspondence with sample.
4. No Assurance: We provide no assurance and do not promise any specific results from the use of the Website.
5. Uninterrupted Service: We do not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that the Website or the server that makes the Website available are free of viruses or any other harmful elements.
6. Content Use: You agree that you download or otherwise obtain content from the Website at your own risk and that you will be solely responsible for any damage or loss of data or harm of any kind to your mobile device, computer system, or any other device through which you access the Website.
7. Content Changes: We reserve the right to change any and all content and other items used or contained on the Website at any time without notice.
8. Limitation of Liability: We shall not be liable for any direct, special, incidental, indirect, or consequential damages, including any lost profits or lost data, resulting from the use of the Website, the performance of products, the conduct of other Website users (whether online or offline), attendance at an event, or any User Generated Content, even if we have been advised of the possibility of such damages. You assume total responsibility for your use of the Website. Your only remedy against CKstamp.com for the use of the Website or any content is to stop using the Website.
That said, if we are found to be liable to you for any damage or loss connected with your use of the Website or any content, our liability shall not exceed USD $50.00.
Applicable law 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.
E. Dispute Resolution and Termination
1. Dispute Resolution: These Terms and all transactions related to the Website are governed by the laws of Hong Kong, and both we and you hereby submit to the exclusive jurisdiction of the Hong Kong courts.
2. Miscellaneous: 2.1 By using the Website, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure, or other communication that we send you electronically satisfies any legal communication requirements, even if such communications have to be in writing. 2.2 Our failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between us nor trade practice shall modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you.
3. Severability: If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is held unlawful, void, or unenforceable, then that provision shall be severable from these Terms, and the remaining provisions are still valid and enforceable.
4. Termination: 4.1 We reserve the right, in our sole discretion, to terminate your account, delete your profile, and any of your User Generated Content, and restrict your use of all or any part of the Website for any reason or no reason, without notice, and without liability to you or anyone else. 4.2 We also reserve the right to block users from certain IP addresses or Device numbers and prevent access to the Website. 4.3 You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other platforms, may continue to appear on the Website or on other platforms even after your User Generated Content is removed or your account is terminated. 4.4 These Terms remain in effect even after your account is terminated. The terms related to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability, and terms that may survive termination by their nature shall continue to be in effect.