Terms and Conditions
1. These Terms
1.1 These are the terms and conditions (“Terms”) on which we supply our products (whether products, services or digital content) to you. These Terms apply to all users of the myecocup website located at myecocup.com (“Website”).
1.2 Please read these Terms carefully before you use our Website and/or submit an order request to us. These Terms (together with the documents referred to in them, including our Privacy Policy) tell you who we are, how we will provide you with products, services or digital content, how you and we can change or end the contract, what to do if something goes wrong and other important information.
2. Information about us and how to contact us
2.1 This Website is operated by myecocup (“myecocup”, “we”, “us”, “our”).
2.2 If you have any questions or wish to contact us, please contact us.
3. Orders
3.1 Order Request. Once you place an order request through our Website, it is sent to us so that we can confirm whether we accept it. Our acceptance of your order request will be deemed to occur when we notify you by email of our acceptance and thank you for your order, at which point a contract will be formed between you and us.
3.2 If we are unable to accept your order request. If we are unable to accept your order request, we will notify you and will not charge you for the product. This may be because the product is out of stock, because of unexpected resource constraints that we could not reasonably plan for, because we discover an error in the price or description of the product, or because we are unable to meet the delivery date you have specified.
3.3 For individual customers only. You represent and warrant that you are placing an order on our website for your personal use only and not for resale or rental purposes. If we offer our products to you at a discount below the normal list price, you acknowledge that (a) such discounted price is based solely on your representations and warranties set out above; and (b) your breach of such commitments will cause us to suffer loss and damage (including, without limitation, loss of business and profits, which you accept are direct and foreseeable losses arising from your breach of such commitments). Therefore, if you resell or sublease the Products (or any part of them) to any third party, then (i) we may terminate this Contract immediately and (ii) you will pay us, on our request, an amount as liquidated damages for such breach equal to the difference between the price paid by you under our Contract for the relevant Products and our then current list price for such Products. You acknowledge and agree that such liquidated damages represent an advance estimate of the loss and damage we may suffer as a result of such breach.
4. Products
4.1 Images are for reference only. The images of the Products on our website are for reference only. Although we do our best to display the colours accurately, we cannot guarantee that the colours displayed by your device accurately reflect the colours of the Products. Although we make reasonable efforts to ensure accuracy, the Products we deliver to you may differ from the images on our website.
4.2 Make sure your measurements are accurate. Some of our Products may be custom made or require you to select specific dimensions. If we supply Products to the dimensions you provide, it is your responsibility to ensure that those dimensions are correct and accurate.
4.3 We reserve the right to make minor changes to the Products. We may make changes to the products available on the Website:-
(a) to reflect changes in relevant laws and regulatory requirements (such as health and safety requirements in Hong Kong and elsewhere);
(b) to implement minor technical adjustments and improvements, such as improving the functionality of our products.
These changes may affect your use of our products and we will try to inform you in advance.
4.4 Significant changes to the products and these Terms. We may make other changes to the products, which may be significant, as described in the product descriptions on our Website. If we make such changes, we will notify you and you can then contact us to terminate the contract before the changes take effect and obtain a refund for any products you have paid for but not received.
5. Delivery
5.1 Shipping costs: Depends on the shipping policy set for the product
5.2 Additional service charges. Please note that in addition to the above delivery costs, the following additional charges may also apply:-
Logistics cannot reach the destination:
Additional charges need to be agreed between us before delivery
5.3 Final delivery charges. The final delivery charge will be the charge displayed to you on our website after you submit your order request. If there is any difference between the above delivery charges and the delivery charges shown on our website, the delivery charges shown to you on our website after you submit your request will prevail.
5.4 When we deliver the products. If we accept your order request, we will provide you with an estimated timeframe for the delivery of the products. Unless we agree a different delivery timeframe with you, we agree to have the products ready for delivery to you when:
Usually, your order will be delivered within 7 to 10 days once the products are ready for delivery.
5.5 We are not responsible for delays beyond our control. If our supply of products is delayed by an event beyond our control (for example, when a Tropical Cyclone Signal No. 8 or above or a Black Rainstorm Warning Signal is issued), we will contact you as soon as possible to let you know and take steps to minimise the effects of the delay. If we do this, we will not be responsible for the delay caused by the event, but if there is a risk of significant delay, you may contact us to end the contract and refund any products you have paid for but not received.
5.6 If you are not present when the products are delivered. If there is no one at your address to receive the products and the products cannot be delivered through your letterbox, we (or our delivery partner) will follow our standard procedures for when products cannot be delivered. If you are not present when we attempt delivery, we will not refund the delivery fee and may charge an additional fee as set out in clause 5.1.
5.7 If you do not collect the goods or re-arrange delivery. If, despite our (or our delivery partner’s) reasonable efforts, we are unable to contact you for delivery, or if, after a failed delivery, you do not re-arrange delivery or collect the goods from a delivery depot, we may end our contract with you and clause 9.2 will apply.
5.8 When you become responsible for the goods. You become responsible for the products you order from us from the time we deliver the products to the address you provide. You own the products once we have received payment in full.
5.10 What happens if you do not provide us with required information. We may need you to provide certain information in order to provide our products to you. This may include, but is not limited to, your name, email address, phone number, credit card number, credit card expiry date, billing address and delivery address. You can find more information about how we collect, manage, store and process your personal data in our Privacy Policy. If you do not provide us with this information when you place an order with us, or if the information you provide is incomplete or incorrect, we may end the contract (clause 9.2 will apply). We will not be liable for any delay in supplying the Products, or for not supplying any part of the Products, because you do not provide us with the information we require within a reasonable time of us asking for it.
5.11 Reasons why we may suspend or delay the supply of Products to you. We may have to suspend or delay the supply of Products to you if:-
(a) you fail to pay us for the Products;
(b) if we suspect fraud or suspicious activity in relation to any order or transaction;
(c) if we choose to deal with a technical problem or make minor technical changes; or
(d) if we choose to update the Products to reflect changes in relevant legal and regulatory requirements.
5.12 Your rights if we suspend the supply of Products. Unless the issue is an urgent or emergency situation, we will contact you in advance to let you know that we are suspending the supply of the Products. If we have to suspend the supply of a product for more than 30 days, you may contact us to end the contract for the product (if we suspend supply) and we will refund any amounts you have prepaid for that product.
6. Right of exchange
6.1 Exercising your right to exchange. For most products purchased online, you have a right to exchange products under this clause 7. To exercise your right to exchange, the product must be in its original packaging and in a saleable condition. If the product is made of natural materials, we will not accept any exchange or refund due to the colour or pattern of the delivered product not being the same as the displayed product. In the event of any dispute over the condition of the product, our decision will be final.
6.2 When you are not entitled to exchange You are not entitled to exchange the following goods:-
(a) sales and promotional items;
(b) display items;
(c) custom-made items;
(d) personal hygiene related items such as toothbrushes, hair bands, underwear and jewellery;
(e) modified or assembled items;
(f) any items which have been mixed with other items after delivery and cannot be separated;
(g) items which have become defective due to misuse;
(h) services (such as assembly services), once those services have been completed, even if the cancellation period is still in progress.
6.3 How long do I have to exchange the goods? You have 7 days from the time you (or someone you nominate) receive the product to exchange the goods at your expense if the goods were delivered normally.
7. How to end your contract with us
7.1 Tell us you want to end the contract. To end your contract with us, please tell us by:
(a) by contacting us, emailing us the following information and documents;
(i) a clear copy of your invoice/receipt; and
(ii) supporting photographs (if any); or
(b) by Whatsapping us through our contact page with the above information and documents.
7.2 When we pay for returns. We will pay for returning the goods:
(a) if the product is faulty or mis-described;
(b) if you are ending the contract because we told you about an upcoming change to the product or these terms, the pricing or description is wrong, or because we did something wrong and you have a legal right to do so.
In all other cases (including if you exercise your right to exchange the goods), you must pay for returning the goods.
7.3 Our collection charges. If you are responsible for the costs of returning the goods and we collect the goods from you, we will charge you for the direct collection costs.
8. Our rights to end the contract
8.1 We can end the contract if you break it. We may end a contract for products at any time in writing if:-
(a) you do not pay us when it is due;
(b) you do not give us the information we need to supply the products, such as your name or delivery address, within a reasonable time of us asking for it; or
(c) you do not give us (or our delivery partner) time to deliver the products to you.
8.2 You must compensate us if you breach the contract. If we end the contract in the circumstances set out in clause 9.1, we will refund any money you have paid in advance for products that we have not yet supplied, but we may deduct or charge you reasonable compensation for the net costs we incur as a result of your breach.