Terms of Use

These terms of use apply to Turtleback’s Online Store at http://turtleback.hk and any associated sites linked to http://turtleback.hk by Internet Solutions Limited c/o Turtleback (“Turtleback”). Please read these Terms and Conditions carefully as they are the terms of sale that govern your purchases at Turtleback. Your placement of an order at the Turtleback online store constitutes your agreement that these Terms and Conditions apply to the order and your purchases at Turtleback.

1. Basis of Contract

1.1 In these Terms and Conditions, “we” and “us” mean Turtleback, and “you” and “your” mean you the Customer. Words beginning with capital letters are defined terms which are set out at the end of the Terms and Conditions. These Terms and Conditions together with your Order constitute the entire Contract between Turtleback and you for the sale and supply of Goods. No other terms and conditions will apply.

1.2 You acknowledge and agree that you have not relied on any statement, promise or representation made or given by or on behalf of Turtleback which is not set out in the Contract. Any samples, drawings, descriptive matter, or advertising issued by Turtleback and any descriptions or illustrations contained in Turtleback’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form any part of the Contract or any other contract between Turtleback and you for the sale and supply of Goods.

1.3 Information contained at the Turtleback’s Online Store constitutes an invitation to treat. No such information or quotation whatsoever provided by Turtleback constitutes an offer by Turtleback to supply any Goods.

1.4 Turtleback reserves the right to remove, change, modify or add provision(s) to these Terms and Conditions at any time without any prior notice to the Customer. It is the Customer’s responsibility to check these Terms and Conditions periodically to see if there are any changes, modifications or addition. Turtleback encourages you to read these Terms and Conditions every time prior to making a purchase at Turtleback.

1.5 Turtleback is a company based in Hong Kong and thereby does not make representation that any Goods you purchase at Turtleback’s Online Store is appropriate for use in other countries or cities. Please note that if a Customer is accessing and purchasing Goods from Turtleback’s Online Store from countries or cities other than Hong Kong, the Customer is responsible for being compliant with the local laws if and to the extent that local laws are applicable. Under no circumstance will Turtleback be liable to the Customer for any losses or damages incurred by the Customer in connection with any purchase of Goods which are in violation of the laws applicable to the Customer.

2. Purchase Process

2.1 All Customers are required to register with Turtleback as a member prior to any purchasing at its Online Store. For new customers, please register by following the online instructions at http://turtleback.hk. For existing Customers, please login using the registered email address and password.

2.2 Customer may search and select goods, its colour,quantity and size (if applicable) and add to the online shopping cart.

2.3 Customer may review what has been selected at any time by referring to the online shopping cart. Customer shall make sure that the selected goods and its size, colour or quantities are correct.

2.4 The transport fee necessary for delivery of the Goods shall be calculated prior to the Customer checking out. To determine the transport fee, simply add the selected Goods into the online shopping cart and proceed to the check out.

2.5 To finalise the purchase, Customer shall click on the “check out” button. By doing so, Customer places an Order with Turtleback.

2.6 To proceed with the Order, Customer shall complete and confirm the delivery information as required by Turtleback.

2.7 Customer shall read and acknowledge these Terms and Conditions by ticking the box during the checkout process. Having ticked this box when proceeding with the Order, you acknowledge that you have read, understood and agreed to these Terms and Conditions when purchasing at the Turtleback’s Online Store.

2.8 Customer shall then complete the payment information and select the payment method (see Clause 4 for details).

2.9 An Order Confirmation Page will appear. At this page, the Customer is required to confirm the Order, including the payment and delivery information, as well as the online shopping cart contents.

2.10 Once confirmation of Order by Customer is received by Turtleback, the Order is final, and cannot be reverted. Customer should refer any questions to Turtleback at support@turtleback.hk.

2.11 By confirming an Order, Customer makes an offer to Turtleback to purchase the Goods Customer has selected on these Terms and Conditions. Turtleback has an absolute discretion whether to accept Customer’s offer.

2.12 If Turtleback does not accept your Order, Turtleback will contact you within a reasonable time.

3. Price

3.1 The purchase price of the Goods shall be the price as set out at Turtleback’s Online Store from time to time. The price as indicated is exclusive of the costs and charges of wrapping, packaging, insurance, import / export duties, delivery and transport of the Goods, value-added tax (where applicable), all of which are at the Customer’s responsibility.

3.2 When purchasing the Goods from outside of Hong Kong, by agreeing to these Terms and Conditions, Customer agree to pay any fees associated with the import / export duties of the Goods into Customer’s countries or cities.

3.3 When Customer places an Order by checking out, Turtleback will provide the total amount payable by the Customer on the Order Confirmation Page, which includes the purchase price of the Goods, insurance, wrapping or packaging fee (if applicable) and transport fee.

3.4 Turtleback may, by giving notice to the Customer at any time up to 2 calendar days before delivery, increase the purchase price of the Goods to reflect any increase in the cost of the Goods that is due to:

(a) any factor beyond Turtleback's control (including but not limited to foreign exchange fluctuations, increases in taxes and duties, transport, insurance, and increases in labour, materials and other manufacturing costs);

(b) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the specification outside of what has been agreed during the check out process; or

(c) any delay caused by any instructions of the Customer or failure of the Customer to give Turtleback adequate or accurate information or instructions in the Order.

4. Payment

4.1 All payment shall be made in Hong Kong Dollars.

4.2 You must pay Turtleback the total amount payable as indicated on the Order Confirmation Page as confirmed by you.

4.3 Time of payment is of the essence.

4.4 Turtleback provides at its Online Store a hyper-link to a third party via which Customer may calculate the approximate cost of any selected Goods in a foreign currency of your choice (where available) at the exchange rate applicable on the day of calculation, solely for Customer’s reference only. The Customer understand and agrees that such currency exchange service is being provided to the Curstomer by a third party and unaffiliated with Turtleback and Turtleback does not assume any responsibility for any miscalculation or currency fluctuation in relation to foregoing currency conversion.

4.5 Payment by credit card

(a) You may pay for the Goods by credit card using PayPal credit card verification system. It is not necessary for you to open a PayPal account in order to use it so long as you have a credit card. Under the PayPal system, PayPal ensures that all transactions are secure with SSL certificates. You are encouraged to read the user agreement and learn more about PayPal at www.paypal.com. Turtleback does not assume any responsibility for any misuse, loss of personal data information of any kind caused by PayPal.

(b) Turtleback currently accepts Visa, MasterCard and American Express.

(c) Any service charges imposed by your card issuing bank on you for your purchases at Turtleback are not reflected in the total amount payable as indicated on the Order Confirmation Page.

4.6 Payment by bank remittance

(a) Turtleback also accepts bank remittance as a valid form of payment. Please make your payment, in Hong Kong Dollars, to:

The Hong Kong and Shanghai Banking Corporation Limited

Account Name: Internet Solutions  Limited 

Account Number: 461-128902-838

(b) Upon acceptance of your Order by Turtleback, you shall receive from Turtleback an Order Confirmation Email in your registered email address acknowledging the Order and re-confirming the total amount payable by you. If you do not receive the Order Confirmation Email within three (3) calendar days of your confirming an Order with Turtleback, inform Turtleback at support@turtleback.hk.

(c) Please arrange for the bank remittance upon receipt of the Order Confirmation Email of your Order placed with Turtleback as soon as practicable. Once the remittance is made, Customer shall send a copy of the bank deposit slip or any notice issued by the bank (in English) evidencing full payment of the total amount payable through email to Turtleback at support@turtleback.hk to confirm the payment.

(d) Turtleback must receive from you full payment of the total amount payable as indicated in the Order Confirmation Email within five (5) calendar days upon the issuance of the Order Confirmation Email by Turtleback to you, or your Order will be cancelled. Please therefore allow sufficient time for the clearance and/or processing of the remittance by your bank.

(e) All transfer fees shall be borne by the customer.

4.7 Upon receipt of full payment of the total amount payable (or a full authorisation in the case of credit card) as indicated on the Order Confirmation Page, Turtleback shall send an email to Customer at the registered email address confirming the same with an invoice, and acknowledging that the Order will be processed.

5. Delivery

5.1 Turtleback will use its reasonable endeavours to supply and deliver to you the Goods as placed in your Order in accordance with the description thereof at Turtleback’s Online Store. Turtleback, however, does not guarantee that any such description is entirely accurate and shall, subject to Clause 6, use reasonable endeavours to make correction as it think fits as soon and to such extent as practicable. Please note that products images are provided by Turtleback at the Online Store solely for reference purpose only.

5.2 Turtleback delivers the Goods to you by appointed courier service provider(s). Signature is required for all deliveries.

5.3 Under normal circumstances and except otherwise announced at the “News” section at Turtleback’s Online Store, Turtleback will use its reasonable endeavours to arrange for delivery of the Goods to the address designated by the Customer within 5 calendar days upon receipt of all the information required and full settlement of the total amount payable (or a full authorisation in the case of credit card) from you.

5.4 Although every effort is made by Turtleback to deliver the Goods to you within this time frame, the actual delivery may be affected by product availability, weather conditions or any delay / availability of courier service, for which Turtleback assumes no responsibility. It is the Customer’s responsibility to ensure before placing any Order that the selected Goods are not out of stock. You may refer to the relevant webpage of the selected Goods at Turtleback’s Online Store for information on product availability.

5.5 Unless otherwise agreed by Turtleback in writing, Turtleback shall deliver the Goods to the address designated by the Customer as indicated on the Order Confirmation Page. Please ensure someone is at such address to receive the delivery.

(a) In the event of an unsuccessful delivery, it is at the discretion of our appointed courier service provider(s) to arrange another time and date for delivery, the costs of which shall be borne by the Customer.

(b) In the event of any subsequent failure in taking the delivery of the Goods by you, our appointed courier service provider(s) shall dispose of the Goods as it in its absolute discretion thinks fit. Turtleback shall not be responsible for any loss of income, loss of profit, loss of contracts or any indirect or consequential loss or damage arising under or in connection with any or such subsequent failure in taking the delivery of the Goods by you.

5.6 Delivery to any PO Box address is not permitted for security reasons.

5.7 When the delivery has been arranged with the courier service provider, Turtleback will send a delivery confirmation email notifying the Customer of the delivery and tracking details.

5.8 Deliveries made to countries / cities other than Hong Kong:

(a) Turtleback delivers the Goods to Hong Kong, South Korea, France, Taiwan,China, New Zealand and USA now.

(b) Turtleback, when arranging the Goods to be delivered, will include insurance premium of the Goods up to the completion of delivery. The insurance premium shall be borne solely by the Customer.

(c) Delivery of the Goods may be subject to import/export duties, which are imposed once the Goods reach Customer’s country of origin. It is Customer’s responsibility to settle any additional charges for such duties or customs clearance. Turtleback is not able to advise on any matters relating to or in connection with customs.

(d) Even if the Goods are stated as “gift”, Turtleback may need to state the original cost of all the Goods as it is a required process for customs clearance.

5.9 Delivery of the Goods shall be completed on the Goods' arrival and receipt at the address designated by the Customer.

5.10 If Turtleback fails to deliver the Goods, its liability shall be limited to the price of the Goods as indicated on the Order Confirmation Page.

5.11 Unless as a direct result of the gross negligence of the wilful misconduct of Turtleback, Turtleback shall have no liability for any failure to deliver the Goods to Customer. Furthermore, the Customer hereby understand and agrees that Turtleback’s liability to the Customer regarding any failure to deliver good shall be limited to the price of the Goods as indicated on the Order Confirmation Page.

5.12 In the event that the Customer decides not to take delivery of the Goods for any reason, Turtleback may at its sole discretion resell or otherwise dispose of part or all of the Goods. The Customer will in addition be responsible for the original transport fee, fee for returning the Goods to Turtleback and any other additional charges or fees associated with reselling or disposal of the Goods, including but not limited to duties, taxes, insurance and /or any other customs charges.

6. Defective Goods and Returns

6.1 In the event and without prejudice to Clause 5.3:

(a) the Customer does not receive the Goods within seven (7) Business Days (for Hong Kong Customers) or twenty (20) Business Days(for foreign Customers) as the case may be, after receiving the delivery confirmation email from Turtleback provided, however, the foregoing shall not be applicable whereby the online store has given prior notice on its news section that it is closed or otherwise inoperable; or

(b) that the Goods do not conform with the Order in size, quantity or the colour of the Goods significantly deviates from that of the Goods presented at Turtleback’s Online Store; or

(c) that the Goods are inherently defective or damaged prior to completion of delivery;

Please inform Turtleback through email (support@turtleback.hk) within ten (10) Business Days days (for Hong Kong Customers) or twenty-three (23) Business Days (for foreign Customers) upon receipt of the delivery confirmation email from Turtleback. Any notification made by the Customer beyond the period stipulated herein, as the case may be, shall not be entertained by Turtleback.

6.2 In the event that Clause 6.1(a) applies and without prejudice to Clause 5.4, provided that Turtleback had performed its duties herein with gross negligence or wilful misconduct, Turtleback shall use reasonable endeavours to re-arrange the delivery of the Goods to the Customer. Alternatively, Turtleback may at its sole discretion allow Customer to at his/her choice select, in exchange, another item(s) of equal value in price. Any shortfall between the total amount paid by the Customer to Turtleback for the Goods and the price of the replacing goods selected by Customer (including any additional delivery charges which may be applicable) under the Clause herein shall be borne by the Customer. Notwithstanding the foregoing, if the Customer should receive the original Goods subsequent to the dates set forth in section 6.1 (a) above, the Costumer agrees to promptly deliver the original Goods to Turtleback.

6.3 In the event that Clauses 6.1(b) and 6.1(c) apply and unless otherwise agreed by Turtleback, Customer shall promptly return the Goods to Turtleback. All costs relating to the return of any Goods shall be borne by the Customer. All Goods to be returned by the Customer must be in good condition acceptable by Turtleback, packed in the original, unmarked packaging including any accessories and documentation as applicable. Turtleback shall examine and assess the Goods returned, and shall at it sole discretion decide, subject to Clause 6.5, whether to

(a) replenish any shortfall in the quantity of the Goods;

(b) replace the Goods; or

(c) repair the Goods.

6.4 These Terms and Conditions will apply to any Goods Turtleback supplies to the Customer under Clauses 6.2 and 6.3.

6.5 No return or replacement of any Goods shall be made by Turtleback in the following conditions:

(a) if there is any evidence that the Goods has been used (including but not limited to the removal of the price tag) or that any defects are resulted from any improper use of the Goods;

(b) items on sale, except where Clause 6.1(b) applies.

(c) defect arises from the failure on the part of the Customer to follow Turtleback's oral or written instructions as to the storage, commissioning, installation, use or maintenance of the Goods or (if there are none) good trade practice;

(d) defect arises as a result of any alteration or repair of such Goods by the Customer without the written consent of Turtleback;

(e) defect arises as a result of wilful damage, negligence, abnormal storage or working conditions;

(f) damage or defect of the Goods occurs subsequent to completion of delivery;

(g) goods with part(s) missing, partly or entirely damaged or stained, except to the extent that such missing, damage or stained is resulted during the transit of the Goods or caused by Turtleback; or

(h) whether or not the Goods sold is on sale, variation in colour of the Goods as a result of variation and difference in the brand and model of computer screens, any other screens, projectors, equipment adopted for use as computer screen used by the Customer, except to the extent that the colour of the Goods delivered significantly deviates from that of the Goods presented at Turtleback’s Online Store.

7. Title and Risk

7.1 The risk of loss in the Goods shall pass to the Customer on completion of delivery.

7.2 Title to the Goods shall not pass to the Customer until Turtleback has received payment in full for:

(a) the Goods; and

(b) all other sums which are or which become due to Turtleback for the sale and supply of the Goods to the Customer.

8. Limitation of Liability

8.1 Subject to this Clause 8.1 and notwithstanding provision to the contrary set forth herein, Turtleback shall only be liable to each Customer for any damages or losses which are a direct result of the gross negligence or wilful misconduct of Turtleback.

8.2 These Terms and Conditions set out the full extent of Turtleback’s obligations and liabilities in respect of the sale and supply of Goods. There are no warranties, conditions or other terms that are binding on Turtleback except as expressly stated in the Contract. Any warranty, condition or other term concerning the Goods which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise is hereby expressly excluded.

8.3 Notwithstanding Clause 8.1, nothing in the Contract excludes, restricts or modifies any condition, warranty, right or liability implied into this Contract where to do so is illegal or would render any provision of this Contract void.

8.4 Nothing in the Contract shall limit or exclude Turtleback’s liability for death or personal injury caused by Turtleback’s negligence.

8.5 Subject to Clauses 8.2 and 8.3, Turtleback shall not be liable under the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of income, loss of profit, loss of contracts, loss of data or for any indirect or consequential loss or damage arising under or in connection with the Contract caused by Turtleback, its employees, agents or subcontractors.

8.6 Turtleback's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, caused by Turtleback, its employees, agents or subcontractors shall not exceed the total amount payable by you to Turtleback in respect of the Goods in question.

9. General

9.1 Assignment and subcontracting

Turtleback may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

9.2 Notices

(a) Any notice or other communication given to Turtleback under or in connection with the Contract shall be in writing, addressed to Turtleback through email (contact@Turtleback.hk). or at its registered office or its principal place of business (in any other case) or such other address as Turtleback may have specified to the other party in writing.

(b) The provisions of this Clause shall not apply to the service of any proceedings or other documents in any legal action.

9.3 Severance

(a) If any Court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

9.4 Waiver

(a) A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

9.5 Governing law and jurisdiction

(a) The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.

10. Definition of Terms

In these Terms and Conditions, the following definitions apply:

Business Days; means a day which is not a Saturday, Sunday or a day on which banks in or Hong Kong are closed;

Contract: the contract between Turtleback and the Customer for the sale and supply of the Goods at Turtleback’s Online Store (http://turtleback.hk) in accordance with these Terms and Conditions;

Customer: the person or firm who purchases the Goods from Turtleback;

Goods: the goods (or any part of them) placed by the Customer in the Order;

Order: an order placed by you for the Goods in accordance with these Terms and Conditions, as set out in the Customer's purchase order form at Turtleback’s Online store (http://turtleback.hk);

Order Confirmation Email: an email sent by Turtleback to the Customer to confirm the Order placed by Customer with Turtleback at its Online Store;

Order Confirmation Page: the web page during the check out process which outlines and summarises the online shopping cart contents selected by the Customer at the Online Store, the payment and delivery information of the Customer, as well as the total amount payable by the Customer to Turtleback for the Order; and

Online Store: The online store at http://turtleback.hk, operated and maintained by Internet Solutions Limited c/o Turtleback.

In these Terms and Conditions, the following rules apply:

(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

(b) A reference to a party includes its personal representatives, successors or permitted assigns.

(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

(e) A reference to writing or written includes faxes and e-mails.

(f) Where applicable, words in the singular include plural and vice versa.

Terms of Use

These terms of use apply to Turtleback’s Online Store at http://turtleback.hk and any associated sites linked to http://turtleback.hk by Internet Solutions Limited c/o Turtleback (“Turtleback”). Please read these Terms and Conditions carefully as they are the terms of sale that govern your purchases at Turtleback. Your placement of an order at the Turtleback online store constitutes your agreement that these Terms and Conditions apply to the order and your purchases at Turtleback.

1. Basis of Contract

1.1 In these Terms and Conditions, “we” and “us” mean Turtleback, and “you” and “your” mean you the Customer. Words beginning with capital letters are defined terms which are set out at the end of the Terms and Conditions. These Terms and Conditions together with your Order constitute the entire Contract between Turtleback and you for the sale and supply of Goods. No other terms and conditions will apply.

1.2 You acknowledge and agree that you have not relied on any statement, promise or representation made or given by or on behalf of Turtleback which is not set out in the Contract. Any samples, drawings, descriptive matter, or advertising issued by Turtleback and any descriptions or illustrations contained in Turtleback’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form any part of the Contract or any other contract between Turtleback and you for the sale and supply of Goods.

1.3 Information contained at the Turtleback’s Online Store constitutes an invitation to treat. No such information or quotation whatsoever provided by Turtleback constitutes an offer by Turtleback to supply any Goods.

1.4 Turtleback reserves the right to remove, change, modify or add provision(s) to these Terms and Conditions at any time without any prior notice to the Customer. It is the Customer’s responsibility to check these Terms and Conditions periodically to see if there are any changes, modifications or addition. Turtleback encourages you to read these Terms and Conditions every time prior to making a purchase at Turtleback.

1.5 Turtleback is a company based in Hong Kong and thereby does not make representation that any Goods you purchase at Turtleback’s Online Store is appropriate for use in other countries or cities. Please note that if a Customer is accessing and purchasing Goods from Turtleback’s Online Store from countries or cities other than Hong Kong, the Customer is responsible for being compliant with the local laws if and to the extent that local laws are applicable. Under no circumstance will Turtleback be liable to the Customer for any losses or damages incurred by the Customer in connection with any purchase of Goods which are in violation of the laws applicable to the Customer.

2. Purchase Process

2.1 All Customers are required to register with Turtleback as a member prior to any purchasing at its Online Store. For new customers, please register by following the online instructions at http://turtleback.hk. For existing Customers, please login using the registered email address and password.

2.2 Customer may search and select goods, its colour,quantity and size (if applicable) and add to the online shopping cart.

2.3 Customer may review what has been selected at any time by referring to the online shopping cart. Customer shall make sure that the selected goods and its size, colour or quantities are correct.

2.4 The transport fee necessary for delivery of the Goods shall be calculated prior to the Customer checking out. To determine the transport fee, simply add the selected Goods into the online shopping cart and proceed to the check out.

2.5 To finalise the purchase, Customer shall click on the “check out” button. By doing so, Customer places an Order with Turtleback.

2.6 To proceed with the Order, Customer shall complete and confirm the delivery information as required by Turtleback.

2.7 Customer shall read and acknowledge these Terms and Conditions by ticking the box during the checkout process. Having ticked this box when proceeding with the Order, you acknowledge that you have read, understood and agreed to these Terms and Conditions when purchasing at the Turtleback’s Online Store.

2.8 Customer shall then complete the payment information and select the payment method (see Clause 4 for details).

2.9 An Order Confirmation Page will appear. At this page, the Customer is required to confirm the Order, including the payment and delivery information, as well as the online shopping cart contents.

2.10 Once confirmation of Order by Customer is received by Turtleback, the Order is final, and cannot be reverted. Customer should refer any questions to Turtleback at support@turtleback.hk.

2.11 By confirming an Order, Customer makes an offer to Turtleback to purchase the Goods Customer has selected on these Terms and Conditions. Turtleback has an absolute discretion whether to accept Customer’s offer.

2.12 If Turtleback does not accept your Order, Turtleback will contact you within a reasonable time.

3. Price

3.1 The purchase price of the Goods shall be the price as set out at Turtleback’s Online Store from time to time. The price as indicated is exclusive of the costs and charges of wrapping, packaging, insurance, import / export duties, delivery and transport of the Goods, value-added tax (where applicable), all of which are at the Customer’s responsibility.

3.2 When purchasing the Goods from outside of Hong Kong, by agreeing to these Terms and Conditions, Customer agree to pay any fees associated with the import / export duties of the Goods into Customer’s countries or cities.

3.3 When Customer places an Order by checking out, Turtleback will provide the total amount payable by the Customer on the Order Confirmation Page, which includes the purchase price of the Goods, insurance, wrapping or packaging fee (if applicable) and transport fee.

3.4 Turtleback may, by giving notice to the Customer at any time up to 2 calendar days before delivery, increase the purchase price of the Goods to reflect any increase in the cost of the Goods that is due to:

(a) any factor beyond Turtleback's control (including but not limited to foreign exchange fluctuations, increases in taxes and duties, transport, insurance, and increases in labour, materials and other manufacturing costs);

(b) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the specification outside of what has been agreed during the check out process; or

(c) any delay caused by any instructions of the Customer or failure of the Customer to give Turtleback adequate or accurate information or instructions in the Order.

4. Payment

4.1 All payment shall be made in Hong Kong Dollars.

4.2 You must pay Turtleback the total amount payable as indicated on the Order Confirmation Page as confirmed by you.

4.3 Time of payment is of the essence.

4.4 Turtleback provides at its Online Store a hyper-link to a third party via which Customer may calculate the approximate cost of any selected Goods in a foreign currency of your choice (where available) at the exchange rate applicable on the day of calculation, solely for Customer’s reference only. The Customer understand and agrees that such currency exchange service is being provided to the Curstomer by a third party and unaffiliated with Turtleback and Turtleback does not assume any responsibility for any miscalculation or currency fluctuation in relation to foregoing currency conversion.

4.5 Payment by credit card

(a) You may pay for the Goods by credit card using PayPal credit card verification system. It is not necessary for you to open a PayPal account in order to use it so long as you have a credit card. Under the PayPal system, PayPal ensures that all transactions are secure with SSL certificates. You are encouraged to read the user agreement and learn more about PayPal at www.paypal.com. Turtleback does not assume any responsibility for any misuse, loss of personal data information of any kind caused by PayPal.

(b) Turtleback currently accepts Visa, MasterCard and American Express.

(c) Any service charges imposed by your card issuing bank on you for your purchases at Turtleback are not reflected in the total amount payable as indicated on the Order Confirmation Page.

4.6 Payment by bank remittance

(a) Turtleback also accepts bank remittance as a valid form of payment. Please make your payment, in Hong Kong Dollars, to:

The Hong Kong and Shanghai Banking Corporation Limited

Account Name: Internet Solutions  Limited c/o Turtleback

Account Number: 

(b) Upon acceptance of your Order by Turtleback, you shall receive from Turtleback an Order Confirmation Email in your registered email address acknowledging the Order and re-confirming the total amount payable by you. If you do not receive the Order Confirmation Email within three (3) calendar days of your confirming an Order with Turtleback, inform Turtleback at support@turtleback.hk.

(c) Please arrange for the bank remittance upon receipt of the Order Confirmation Email of your Order placed with Turtleback as soon as practicable. Once the remittance is made, Customer shall send a copy of the bank deposit slip or any notice issued by the bank (in English) evidencing full payment of the total amount payable through email to Turtleback at support@turtleback.hk to confirm the payment.

(d) Turtleback must receive from you full payment of the total amount payable as indicated in the Order Confirmation Email within five (5) calendar days upon the issuance of the Order Confirmation Email by Turtleback to you, or your Order will be cancelled. Please therefore allow sufficient time for the clearance and/or processing of the remittance by your bank.

(e) All transfer fees shall be borne by the customer.

4.7 Upon receipt of full payment of the total amount payable (or a full authorisation in the case of credit card) as indicated on the Order Confirmation Page, Turtleback shall send an email to Customer at the registered email address confirming the same with an invoice, and acknowledging that the Order will be processed.

5. Delivery

5.1 Turtleback will use its reasonable endeavours to supply and deliver to you the Goods as placed in your Order in accordance with the description thereof at Turtleback’s Online Store. Turtleback, however, does not guarantee that any such description is entirely accurate and shall, subject to Clause 6, use reasonable endeavours to make correction as it think fits as soon and to such extent as practicable. Please note that products images are provided by Turtleback at the Online Store solely for reference purpose only.

5.2 Turtleback delivers the Goods to you by appointed courier service provider(s). Signature is required for all deliveries.

5.3 Under normal circumstances and except otherwise announced at the “News” section at Turtleback’s Online Store, Turtleback will use its reasonable endeavours to arrange for delivery of the Goods to the address designated by the Customer within 5 calendar days upon receipt of all the information required and full settlement of the total amount payable (or a full authorisation in the case of credit card) from you.

5.4 Although every effort is made by Turtleback to deliver the Goods to you within this time frame, the actual delivery may be affected by product availability, weather conditions or any delay / availability of courier service, for which Turtleback assumes no responsibility. It is the Customer’s responsibility to ensure before placing any Order that the selected Goods are not out of stock. You may refer to the relevant webpage of the selected Goods at Turtleback’s Online Store for information on product availability.

5.5 Unless otherwise agreed by Turtleback in writing, Turtleback shall deliver the Goods to the address designated by the Customer as indicated on the Order Confirmation Page. Please ensure someone is at such address to receive the delivery.

(a) In the event of an unsuccessful delivery, it is at the discretion of our appointed courier service provider(s) to arrange another time and date for delivery, the costs of which shall be borne by the Customer.

(b) In the event of any subsequent failure in taking the delivery of the Goods by you, our appointed courier service provider(s) shall dispose of the Goods as it in its absolute discretion thinks fit. Turtleback shall not be responsible for any loss of income, loss of profit, loss of contracts or any indirect or consequential loss or damage arising under or in connection with any or such subsequent failure in taking the delivery of the Goods by you.

5.6 Delivery to any PO Box address is not permitted for security reasons.

5.7 When the delivery has been arranged with the courier service provider, Turtleback will send a delivery confirmation email notifying the Customer of the delivery and tracking details.

5.8 Deliveries made to countries / cities other than Hong Kong:

(a) Turtleback delivers the Goods to Japan and USA now.

(b) Turtleback, when arranging the Goods to be delivered, will include insurance premium of the Goods up to the completion of delivery. The insurance premium shall be borne solely by the Customer.

(c) Delivery of the Goods may be subject to import/export duties, which are imposed once the Goods reach Customer’s country of origin. It is Customer’s responsibility to settle any additional charges for such duties or customs clearance. Turtleback is not able to advise on any matters relating to or in connection with customs.

(d) Even if the Goods are stated as “gift”, Turtleback may need to state the original cost of all the Goods as it is a required process for customs clearance.

5.9 Delivery of the Goods shall be completed on the Goods' arrival and receipt at the address designated by the Customer.

5.10 If Turtleback fails to deliver the Goods, its liability shall be limited to the price of the Goods as indicated on the Order Confirmation Page.

5.11 Unless as a direct result of the gross negligence of the wilful misconduct of Turtleback, Turtleback shall have no liability for any failure to deliver the Goods to Customer. Furthermore, the Customer hereby understand and agrees that Turtleback’s liability to the Customer regarding any failure to deliver good shall be limited to the price of the Goods as indicated on the Order Confirmation Page.

5.12 In the event that the Customer decides not to take delivery of the Goods for any reason, Turtleback may at its sole discretion resell or otherwise dispose of part or all of the Goods. The Customer will in addition be responsible for the original transport fee, fee for returning the Goods to Turtleback and any other additional charges or fees associated with reselling or disposal of the Goods, including but not limited to duties, taxes, insurance and /or any other customs charges.

6. Defective Goods and Returns

6.1 In the event and without prejudice to Clause 5.3:

(a) the Customer does not receive the Goods within seven (7) Business Days (for Hong Kong Customers) or twenty (20) Business Days(for foreign Customers) as the case may be, after receiving the delivery confirmation email from Turtleback provided, however, the foregoing shall not be applicable whereby the online store has given prior notice on its news section that it is closed or otherwise inoperable; or

(b) that the Goods do not conform with the Order in size, quantity or the colour of the Goods significantly deviates from that of the Goods presented at Turtleback’s Online Store; or

(c) that the Goods are inherently defective or damaged prior to completion of delivery;

Please inform Turtleback through email (support@turtleback.hk) within ten (10) Business Days days (for Hong Kong Customers) or twenty-three (23) Business Days (for foreign Customers) upon receipt of the delivery confirmation email from Turtleback. Any notification made by the Customer beyond the period stipulated herein, as the case may be, shall not be entertained by Turtleback.

6.2 In the event that Clause 6.1(a) applies and without prejudice to Clause 5.4, provided that Turtleback had performed its duties herein with gross negligence or wilful misconduct, Turtleback shall use reasonable endeavours to re-arrange the delivery of the Goods to the Customer. Alternatively, Turtleback may at its sole discretion allow Customer to at his/her choice select, in exchange, another item(s) of equal value in price. Any shortfall between the total amount paid by the Customer to Turtleback for the Goods and the price of the replacing goods selected by Customer (including any additional delivery charges which may be applicable) under the Clause herein shall be borne by the Customer. Notwithstanding the foregoing, if the Customer should receive the original Goods subsequent to the dates set forth in section 6.1 (a) above, the Costumer agrees to promptly deliver the original Goods to Turtleback.

6.3 In the event that Clauses 6.1(b) and 6.1(c) apply and unless otherwise agreed by Turtleback, Customer shall promptly return the Goods to Turtleback. All costs relating to the return of any Goods shall be borne by the Customer. All Goods to be returned by the Customer must be in good condition acceptable by Turtleback, packed in the original, unmarked packaging including any accessories and documentation as applicable. Turtleback shall examine and assess the Goods returned, and shall at it sole discretion decide, subject to Clause 6.5, whether to

(a) replenish any shortfall in the quantity of the Goods;

(b) replace the Goods; or

(c) repair the Goods.

6.4 These Terms and Conditions will apply to any Goods Turtleback supplies to the Customer under Clauses 6.2 and 6.3.

6.5 No return or replacement of any Goods shall be made by Turtleback in the following conditions:

(a) if there is any evidence that the Goods has been used (including but not limited to the removal of the price tag) or that any defects are resulted from any improper use of the Goods;

(b) items on sale, except where Clause 6.1(b) applies.

(c) defect arises from the failure on the part of the Customer to follow Turtleback's oral or written instructions as to the storage, commissioning, installation, use or maintenance of the Goods or (if there are none) good trade practice;

(d) defect arises as a result of any alteration or repair of such Goods by the Customer without the written consent of Turtleback;

(e) defect arises as a result of wilful damage, negligence, abnormal storage or working conditions;

(f) damage or defect of the Goods occurs subsequent to completion of delivery;

(g) goods with part(s) missing, partly or entirely damaged or stained, except to the extent that such missing, damage or stained is resulted during the transit of the Goods or caused by Turtleback; or

(h) whether or not the Goods sold is on sale, variation in colour of the Goods as a result of variation and difference in the brand and model of computer screens, any other screens, projectors, equipment adopted for use as computer screen used by the Customer, except to the extent that the colour of the Goods delivered significantly deviates from that of the Goods presented at Turtleback’s Online Store.

7. Title and Risk

7.1 The risk of loss in the Goods shall pass to the Customer on completion of delivery.

7.2 Title to the Goods shall not pass to the Customer until Turtleback has received payment in full for:

(a) the Goods; and

(b) all other sums which are or which become due to Turtleback for the sale and supply of the Goods to the Customer.

8. Limitation of Liability

8.1 Subject to this Clause 8.1 and notwithstanding provision to the contrary set forth herein, Turtleback shall only be liable to each Customer for any damages or losses which are a direct result of the gross negligence or wilful misconduct of Turtleback.

8.2 These Terms and Conditions set out the full extent of Turtleback’s obligations and liabilities in respect of the sale and supply of Goods. There are no warranties, conditions or other terms that are binding on Turtleback except as expressly stated in the Contract. Any warranty, condition or other term concerning the Goods which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise is hereby expressly excluded.

8.3 Notwithstanding Clause 8.1, nothing in the Contract excludes, restricts or modifies any condition, warranty, right or liability implied into this Contract where to do so is illegal or would render any provision of this Contract void.

8.4 Nothing in the Contract shall limit or exclude Turtleback’s liability for death or personal injury caused by Turtleback’s negligence.

8.5 Subject to Clauses 8.2 and 8.3, Turtleback shall not be liable under the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of income, loss of profit, loss of contracts, loss of data or for any indirect or consequential loss or damage arising under or in connection with the Contract caused by Turtleback, its employees, agents or subcontractors.

8.6 Turtleback's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, caused by Turtleback, its employees, agents or subcontractors shall not exceed the total amount payable by you to Turtleback in respect of the Goods in question.

9. General

9.1 Assignment and subcontracting

Turtleback may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

9.2 Notices

(a) Any notice or other communication given to Turtleback under or in connection with the Contract shall be in writing, addressed to Turtleback through email (contact@Turtleback.hk). or at its registered office or its principal place of business (in any other case) or such other address as Turtleback may have specified to the other party in writing.

(b) The provisions of this Clause shall not apply to the service of any proceedings or other documents in any legal action.

9.3 Severance

(a) If any Court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

9.4 Waiver

(a) A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

9.5 Governing law and jurisdiction

(a) The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.

10. Definition of Terms

In these Terms and Conditions, the following definitions apply:

Business Days; means a day which is not a Saturday, Sunday or a day on which banks in or Hong Kong are closed;

Contract: the contract between Turtleback and the Customer for the sale and supply of the Goods at Turtleback’s Online Store (http://turtleback.hk) in accordance with these Terms and Conditions;

Customer: the person or firm who purchases the Goods from Turtleback;

Goods: the goods (or any part of them) placed by the Customer in the Order;

Order: an order placed by you for the Goods in accordance with these Terms and Conditions, as set out in the Customer's purchase order form at Turtleback’s Online store (http://turtleback.hk);

Order Confirmation Email: an email sent by Turtleback to the Customer to confirm the Order placed by Customer with Turtleback at its Online Store;

Order Confirmation Page: the web page during the check out process which outlines and summarises the online shopping cart contents selected by the Customer at the Online Store, the payment and delivery information of the Customer, as well as the total amount payable by the Customer to Turtleback for the Order; and

Online Store: The online store at http://turtleback.hk, operated and maintained by Internet Solutions Limited c/o Turtleback.

In these Terms and Conditions, the following rules apply:

(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

(b) A reference to a party includes its personal representatives, successors or permitted assigns.

(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

(e) A reference to writing or written includes faxes and e-mails.

(f) Where applicable, words in the singular include plural and vice versa.

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