1. General Terms & Conditions of Sale
1.1 Each order placed with ScarNov Trading Limited or any of its affiliated companies (“ScarNov”) via the Internet shall be governed by the present Terms & Conditions They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reservation, the present Terms & Conditions.
1.3 We reserves the right, at any time, to modify the present General Terms and Conditions by posting a new dated version on this website. By placing an order after we have posted a new version of the General Terms and Conditions, you agree to be bound by that updated version.
2.1 You can make an order with or without an user account
2.2 When you register on this website, you are required to provide certain mandatory information. You must ensure that the information you provide is correct and complete.
2.3 Please inform us for changes of address or other modifications by updating your personal details on this website without delay.
2.4 When registering to use this website, you will be asked to set a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
2.5 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
2.6 If you know or suspect that someone else knows or has used your password, you should notify we immediately.
3.1 By placing an order through this website, you make an offer to purchase the products you have selected under these General Terms and Conditions
3.2 Orders that you place with us on this website are subject to minimum order quantity requirements, and availability of stocks.
4. Order Confirmations
4.1 The order you place on this website will not constitute a binding contract unless and until we transmits a confirmation by e-mail.
4.2 We reserve the sole right to refuse orders, depending on various circumstances.
4.3 The data registered by us constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
5.1 The prices payable by you are those displayed on this website on the date you place the order, excluding delivery charges.
5.2 Delivery charges is determined depending on your total quantity of order, your address and the delivery method you select.
5.3 We reserve the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.
6.1 Confirmed Orders are generally delivered to the delivery address you specify within three working days (excluding public holiday) after receipt of payment.
6.2 The deliveries will be suspended under bad weather conditions, such as rain with thunderstorm, when typhoon signal No.8 is hoisted, a black rainstorm warning is in effect or when ships are suspended, serious flooding occurs or roads are blocked or closed due to weather factor. Delivery appointment will be re-arranged (for once time only) at no additional charge.
6.3. An administration fee of $50 will be charged for due to no one being at the address to receive the order or wrong address. The re-scheduling delivery date may take at least three days.
7. Verification of Merchandise
7.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
7.2 In case you observe damage or missing items, you must notify us within 3 days after the delivery. We shall in such a case provide you with identical replacement merchandise.
We will, at our discretion, accept returns or exchange of goods (excluding coffee beans & capsules and other consumables) within 7 days from goods receipt on the conditions that: (1) the product is damaged before receipt of the same by you, or (2) there is a discrepancy between ordering and delivery, and provided always that (i) such product is still in its original package, and (ii) is accompanied by the relevant original invoice issued within the same country. For food safety requirements, no refund or exchange will be arranged for consumables (e.g. coffee beans & capsules and other consumables)
Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes.
10. Capsule Machine Warranty
Capsule Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation.
11. Limitation of Liability
11.1 The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. We shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.
11.2 Without limiting the scope of these General Terms and Conditions, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed.
In no event shall we be liable for any indirect, incidental or consequential damages of any nature (even if the advent of such damage was known or could have been know by us), capable of arising in connection with its products, their use, sale or this website.
12. Force Majeure
12.1 We will make every reasonable effort to fulfill its obligations. However, we cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
12.2 In the event of delay, we will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
13. Applicable Law and Forum
13.1 The present General Terms and Conditions are governed by the law of the country of incorporation of Scarnov Trading that invoices you for the order.
13.2 The exclusive forum is in the same country as that of the applicable law.
We are not responsible for the content or privacy practices on any web site not operated by ScarNov Trading to which the Site links or that links to the Site.
INFORMATION COLLECTION AND USE
1. Information Collection.
We collect information from you in several different ways on this Site. One goal in collecting personal information from you is to provide an efficient, meaningful, and customized experience. For example, we can use your personal information to:
- alert you to new information, products, and services that we offer.
- help make the Site easier for you to use by not having to enter information more than once.
1.1 Registration and Ordering. Before using certain parts of any Site or ordering products, you must complete an online registration form. During registration, you will be prompted to provide to us certain personal information, including but not limited to your name, shipping and billing address(es), phone number, email address, and credit card number. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and the Sites, and for internal marketing purposes. If we encounter a problem when processing your order, your personal information may be used to contact you.
1.2 Email Addresses. Several locations of the Site permit you to enter your email address for purposes including but not limited to: to request us to notify you of new product, promotion or special offers..
1.3 Cookies and Other Technology. Like many sites, the Site employs cookies and web beacons (also known as clear GIF technology or “action tags”) to speed your navigation of the Site, recognize you and your access privileges, and track your Site usage.
1.5 Web beacons assist in delivering cookies and help us determine whether a web page on the Site has been viewed and, if so, how many times. For example, any electronic image on the Site, such as an ad banner, can function as a web beacon.
1.6 We may use third-party advertising companies to help tailor site content to users or to serve ads on our behalf. These companies may employ cookies and web beacons to measure advertising effectiveness (such as which web pages are visited or what products are purchased and in what amount). Any information that these third parties collect via cookies and web beacons is not linked to any personal information collected by us.
1.7 As an example, Facebook collects certain information via cookies and web beacons to determine which web pages are visited or what products are purchased. Please note that any information collected by Facebook via cookies and web beacons is not linked to any customer's personal information collected by us.
1.8 Log Files. As is true of most web sites, the Site server automatically recognizes the Internet URL from which you access the Site. We may also log your Internet protocol (“IP”) address, Internet service provider, and date/time stamp for system administration, order verification, internal marketing, and system troubleshooting purposes. (An IP address may indicate the location of your computer on the Internet.)
2. Information Use and Disclosure.
2.1 Internal Use. We use your personal information to process your order and provide you with customer service. We may internally use your personal information to improve the Sites’ content and layout, to improve outreach and for our own marketing efforts (including marketing our services and products to you), and to determine general marketplace information about visitors to the Site. In order to facilitate such use and the other use described in this Section 2, we may share your information with affiliates under Scarnov Trading’s control.
2.2 Communications with You: We will use your personal information to communicate with you about the Site and your orders and deliveries. Also, we may send you a confirmation email when you register with us. We may send you a service-related announcement on the rare occasions when it is necessary (for example, if we must temporarily suspend our service for maintenance.) Also, you may submit your email address for reasons such as to register for a contest or sweepstakes; to request us to notify you of new brands, new product styles, or product sizes or to sign up for email newsletters and special offers. If you submit your email address, we use it to deliver the information to you. We always permit you to unsubscribe or opt out of future emails (see the opt out section, below, for more details). Because we have to communicate with you about orders that you choose to place, you cannot opt out of receiving emails related to your orders.
2.3 External Use. We want to provide you with excellent service and to offer you a great selection. We do not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to anyone other than to affiliates under Scarnov Trading’s control, except that:
2.3.1 As do most catalog and Internet retailers, we sometimes use others to perform specific functions on our behalf. When we disclose information to these service providers, we disclose information to help them to perform their service. For example, in order to deliver products to you, we must share some information. We partner with third parties (such as the Hong Kong Post) to ship products, to ensure delivery, and so that we can obtain feedback, improve the quality of our service, and measure and improve the quality of the service of the third party. In the example of shippers, we provide them some personally identifiable information such as your name, shipping address, email, and phone number.
2.3.2 Similarly, to help you buy products and provide customer service to you, we must provide your credit card number to financial-services corporations such as credit-card processors and issuers.
2.3.5 We may share non-personal information (such as the number of daily visitors to a particular web page, or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.
Upon your request, we will (a) correct or update your personal information; (b) stop sending emails to your email address; and/or (c) disable your account to prevent any future purchases through that account. You can make these requests to firstname.lastname@example.org.
Please do not email your credit-card number or other sensitive information.
UPDATES TO THIS POLICY
Effective January 1, 2017
a. "Intellectual Property Rights" means any and all intellectual and industrial property rights now in force or that come into force in the future in any part of the world whether or not registered or registerable and includes all applications and rights to apply for registration (and renewals and extensions of any registration) of such rights as well as all rights of action and remedies in relation to past infringements including rights in or in connection with:
(i) confidential information, business or trade secrets, know-how;
(ii) inventions, patents (including supplementary protection certificates);
(iii) copyright (including the rights to secure copyright renewals and extensions of copyright, copyright not yet in existence but that comes into existence in the future and all other rights of a like nature by law in force in any part of the world);
(iv) trade marks, service marks, business or trade names;
(v) design rights, topography rights;
(vi) database rights,
together with all other rights of a similar or corresponding character or nature.
b. "Legal Notice and Disclaimer" means the legal notice and disclaimer applicable to the Website as extracted below.
1.3 You agree to provide complete and updated information for registration on this Website.
1.4 You agree not to use the Website for any purpose or in any matter that is unlawful or infringes any third party Intellectual Property Rights.
3. PREVAILING LANGUAGE
4. APPLICABLE LAW
5. PERSONAL INFORMATION & PRIVACY
5.2 At times, you may be required to provide us with personal information. Refusal to provide such information may mean that you are unable to access certain parts of this Website, or may render us unable to handle any applications or requests you may make and/or provide you with any products or services. If you are under the age of 18, consent from your parent or guardian is required before you provide us with any personal information.
Legal Notice & Disclaimer
A. INTELLECTUAL PROPERTY RIGHTS
A.1 This Website and any information available on it including, but not limited to, text, graphics, icons, images, software, source code and trade marks, are protected by copyright, design, trade mark and other Intellectual Property Rights owned or controlled by us and/or our licensors. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this Website for any purpose without our prior written permission even you download materials displayed on the site for non-commercial or home personal.
A.2 All right, title and interest in the Intellectual Property Rights in this Website shall at all times remain the property of us and/or our licensors. Customers and visitors are not authorized to use the same unless you have obtained express written permission from us and/or our licensors, as the case may be.
B.1 The information provided on this Website is for reference only. To the extent permitted by law, we disclaim all implied and/or express warranties and make no representation as to the accuracy, suitability, applicability or completeness of any information on this Website. We assume no liability for any loss or damage arising from the use or reliance of the information on this Website or for anything posted on or linked to the Website, including without limitation any mistake, error, omission, infringement, defamation, falsehood or other material or omission that might offend or otherwise give rise to any claim or complaint.
B.2 We disclaim any endorsement or recommendation of any person, organisation, name, product or service referred to in the Website. We further disclaim all liability in relation to information or materials posted by advertisers or sponsors on this Website.
B.3 We make no warranties or representations in respect of your ability to access the Website, and do not warrant that the functions of the Website shall be uninterrupted or error or defect free.
B.4 None of our agents or representatives are authorised to make any warranties, representations or statements regarding any information on this Website and we shall not in any way be bound by any such unauthorised warranties, representations or statements.
C. LIMITATION OF LIABILITY
C.1 By accessing and using this site you acknowledge and accept that the use of the Website is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use or access the Website. Without limiting the foregoing:
This website and all information and materials contained on it are provided "as is" without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose , privacy or non-infringement.
we have no liability or responsibility for any errors or omissions in the contents of the website.
we assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising out of any use of or access to the website, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, destruction or alteration of the website, whether for breach of contract, tortious behaviour, negligence or, under any other cause of action resulting directly or indirectly from any access or use of the website, or any uploading, downloading or publication of data, text, images or other material or information to or from the website.
D.1 We reserve the right, but undertake no duty, to review edit or otherwise change this Website and any information contained on this Website at our sole discretion and without notice.