DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY EYECANDY’S ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND YOUR USE OF ALL PRODUCTS (INCLUDING WITHOUT LIMITATION ALL COSMETIC AND PERSONAL CARE PRODUCTS) INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. NO EYECANDY’S PARTY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE EYECANDY’S PARTIES DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES), OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO EYECANDY’S PARTY GUARANTEES OR WARRANTS THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE, OR THE CONFORMANCE OF ANY THIRD PARTY’S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION OR POLICY. NEITHEREYECANDY’S NOR ANY OTHER EYECANDY’S PARTY WARRANTS THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROMEYECANDY’S FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE.
NO EYECANDY’S PARTY WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES) OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM EYECANDY’S OR ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY EYECANDY’S PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE EYECANDY’SPARTIES ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES), REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.
THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS IN THE IMMEDIATELY PRECEDING PARAGRAPH DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN EYECANDY’S WARRANTY (AS DEFINED ABOVE).
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
COSMETIC AND PERSONAL CARE PRODUCTS
Purchase of Cosmetic and Personal Care Products
EYECANDY’S may offer cosmetic and personal care products, including but not limited to contact lenses, skin care products, makeup and fragrances, for sale through the Site. By purchasing such products you represent and warrant that you have consulted with an appropriate medical professional with respect to your use of such products and you have obtained all necessary prescriptions and other approvals and documents required in connection with your purchase and use of such products.
No Professional Advice; Risk of Use
All information supplied through the Site or by any EYECANDY’S Party, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. The Site does not and is not intended to provide any information to diagnose, mitigate, prevent, treat or cure any disease or condition. Health-related information provided through the Site is not a substitute for professional medical advice. You must consult your personal physician or other healthcare professional before making medical decisions and before making purchasing decisions related to personal care products. You must carefully read and follow all product label information and the recommendations of your health care provider before using any cosmetic or personal care products. None of the information available through the Site constitutes a recommendation or solicitation to take or not take any particular action.
It is your responsibility to have your eyes examined by an eye care professional before purchasing contact lenses through the Site and regularly thereafter. You agree to follow your eye care professional's instructions for the proper use and care of any contact lenses purchased through the Site.
In addition to the terms set forth above with respect to all cosmetic and personal care products (and without limiting the generality thereof), by placing an order through the Site for prescription contact lenses, you certify, represent and warrant that (1) with respect to the contact lenses you are ordering you have a valid prescription issued within the timeframe required by law in your jurisdiction of residence following a physical eye examination conducted by a registered eye care professional licensed in your country, state, province or other applicable jurisdiction and (2) you have not, since your last issuance of a valid prescription pursuant to a physical eye examination conducted by a registered eye care professional licensed in your country, state, province or other applicable jurisdiction, suffered from any eye condition requiring treatment or been advised to stop wearing contact lenses by an eye care professional or medical practitioner. When you order contact lenses through the Site, you are responsible for entering the correct contact lens information according to your contact lens prescription. If you experience any pain or discomfort from any contact lenses purchased through the Site, you agree to discontinue use immediately and consult your eye care professional.
Due to different monitor settings, please keep in mind that the actual colours of the contact lenses may not match 100% with those on your screen.
IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION
EYECANDY’S’s product inventory available on the Site includes hundreds of products, and product listings are constantly being changed and updated. EYECANDY’S’s customers are located in various parts of the world. As a result, it is not practical for EYECANDY’S to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law, including product safety and other regulations.
EYECANDY’S MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE. IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS, LOCAL COPYRIGHT AND TRADEMARK RIGHTS AND OTHER LOCAL LAWS. IN ADDITION, PRODUCTS AVAILABLE ON THE SITE MAY NOT CONFORM TO PRODUCT SAFETY OR OTHER REGULATIONS IN ALL COUNTRIES.
BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED EYECANDY’S TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE“IMPORTER” AND “INITIAL DISTRIBUTOR” OF THE PRODUCT TO SUCH COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS. YOU ACKNOWLEDGE AND AGREE THAT EYECANDY’S’S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO THE COUNTRY TO WHICH YOU HAVE REQUESTED EYECANDY’S TO SHIP PRODUCTS. IN NO EVENT WILL EYECANDY’S OR ANY OTHER EYECANDY’S PARTY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL ANY EYECANDY’S PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR ANY REASON, INCLUDING THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS.
By purchasing a product through the Site, customers outside of Hong Kong authorize EYECANDY’S to make arrangements for clearance of customs on their behalf for the products they have ordered.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. With respect to each of your purchases, EYECANDY’S will automatically charge and withhold any applicable tax that it deems is required in any applicable jurisdictions.
All transactions conducted by or with EYECANDY’S, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in HK Dollars.
Payment made by credit card in a currency other than HK Dollars will be converted to HK Dollars at the exchange rate determined by your credit card issuer. Please consult your credit card issuer agreement or the user agreement for the services for information regarding the determination of exchange rates by them. These exchange rates may include a “spread,” or amount payable to the credit card issuer, which may result in the actual price paid being higher than the posted HK Dollar price.
The Site allows users the opportunity to choose a “Reference Currency.” The Reference Currency function converts the HK Dollar prices shown on the Site to a currency selected by the user from those available on the Site. REFERENCE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO EYECANDY’S; HOWEVER, EYECANDY’S IS NOT A BANK OR A CURRENCY DEALER AND MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE SITE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY CUSTOMERS IN SUCH REFERENCE CURRENCY. REFERENCE CURRENCY PRICES ARE FOR CONVENIENCE OF REFERENCE ONLY AND REFERENCE CURRENCY EXCHANGE RATES MAY BE UPDATED BY EYECANDY’S ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.
NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.
EYECANDY’S does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than HK Dollars and such refund was made through the customer’s credit card, then the credit card issuer would determine the applicable exchange rate at such time as provided above.
In no event will any EYECANDY’S Party be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.