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CONDITIONS OF USE

TERMS AND CONDITIONS

LAST UPDATED – 9 August 2021

These General Terms and Conditions, including all policies referred to herein (these “Terms and Conditions”), apply to:

  • the use of and access to any information, pictures, documents, materials and/or other services (“Services”) on the online store owned by or on behalf of and/or operated by or on behalf of DSG Energy Limited and/or affiliates (collectively referred to as “DSG Energy,” “we” or “us” and the grammatically derivatives thereof shall be construed accordingly) located dsg-home.com and any successor site(s) (the “Website”); and
  • the sale and purchase of DSG Energy products or services (the “Products”) on the Website.

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU HAVE AGREED AND ACCEPTED (AND YOU ARE REGARDED AS HAVING AGREED AND ACCEPTED) TO THESE TERMS AND CONDITIONS, WHICH MAY BE AMENDED FROM TIME TO TIME WITHOUT PRIOR NOTICE, EFFECTIVE UPON ITS POSTING ON THE WEBSITE. EACH TIME THAT YOU USE OR ACCESS THE WEBSITE, THE CURRENT VERSION OF THESE TERMS AND CONDITIONS WILL APPLY. YOU SHOULD CHECK THE DATE OF THE TERMS AND CONDITIONS (WHICH APPEARS ABOVE) AND REVIEW ANY CHANGES THAT HAVE BEEN MADE SINCE YOUR LAST VISIT TO THE WEBSITE. YOUR CONTINUED USE OR ACCESS OF THE WEBSITE SHALL BE REGARDED AS YOUR ACCEPTANCE OF THE UPDATED VERSION OF THESE TERMS AND CONDITIONS.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD DISCONTINUE YOUR ACCESS OR USE OF THE WEBSITE. By using or accessing the Website, you represent and undertake that:

  • you are of sufficient legal age or otherwise have legal capacity to legally agree to these Terms and Conditions;
  • you have read, understand and agree to be bound by these Terms and Conditions; and
  • you will use the Website in accordance with applicable law. By accessing the Website you also acknowledge that some content may not be suitable for people under the age of 18.

TERMS OF USE

  1. Information on the Website

Product Descriptions

All descriptions, images, references, features, content, specifications and prices of Products and described or depicted on this Website, are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of the Products, including the applicable colors; however, the actual color you see will depend on the devices (including computer, mobile phone, tablet or otherwise, collectively “Devices”), and we cannot guarantee that your Devices will accurately display the applicable colors. The inclusion of any Products on this Website at a particular time does not imply or warrant that these Products will be available at any time. By engaging in a purchase of a Product made available by us on this Website (a “Transaction” and collectively “Transactions”), you represent that the Products you order as part of the applicable Transaction will be used in accordance with all applicable laws. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product.

Exclusion of Liability for External Links

If the Website contains links to other sites on the Internet, DSG Energy hereby declares explicitly that it has no influence on and is not responsible for the layout or content of the linked pages. Such links are provided solely for your convenience. DSG Energy does not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located on or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Website, you do so entirely on your own decision and at your own risk. You should read and understand the policies and terms and conditions associated with any linked sites closely before accessing, using, submitting information to such sites, and allowing children to visit such sites. Our Privacy Policy does not apply to any collection and processing of your personal data on or through such external sites.

  1. Intellectual Property

Trademarks

All trademarks, tradenames, brand names, logos, Product names and titles, whether registered or unregistered, (collectively the “Marks”) used on the Website are trademarks or trade names owned, registered and/or licensed by DSG or third party trademark or trade name holders. The Marks are protected by trademark, copyright and various other intellectual property rights. You are not allowed to use, copy, display or reproduce, in whole or in part, any such Marks as this may constitute an infringement of the respective holders’ rights.

Ownership of Design, Images and Content

All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software and all other materials on this Website (collectively, “Content”), including all copyrights therein, are owned by DSG Energy and/or its suppliers or subcontractors. The Content is a collective work under the copyright laws of Hong Kong and other countries and protected by applicable copyright laws and treaties the world.

Limited Use

You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent that is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource, or for your other personal and non-commercial use. You are not allowed to make any other use of the information and materials on this Website (including but not limited to the Marks and the Content), including reproduction, modification, distribution or republication for purposes other than as mentioned above. Should you wish to use materials or information from this Website (including but not limited to the Marks and the Content) for any other purpose, you need our prior written approval to do so.

  1. Privacy Policy

DSG Energy collects and processes the personal data of the visitors of the Website. All personal data is handled in accordance with legal requirements and Privacy Policy. The Privacy Policy shall form part and parcel of the Terms and Conditions: https://www.dsg-energy.com/privacy-policy-statement/?lang=en.

  1. Use of Site

The Website may currently only be used as a shopping resource or to conduct on-line communications. You may not distribute or commercially exploit the Website or any part of its content (whether by reproduction, retransmission, dissemination, sale, broadcast, circulation, republication, amendment, re-delivery using “framing” or similar technology or otherwise). Any use of the on-line communication features of this Website may only be used for lawful purposes and you may not post or transmit any material which is objectionable (whether harmful, threatening or otherwise); DSG Energy reserves the right (but without the obligation or liability) to prohibit or remove any such material.

  1. Disclaimer

The Website and its content are provided on an “as is” basis without warranties of any kind, whether express or implied (except only as may be implied by applicable law). The Website is only providing a venue for the sale of Products and shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profit or intangible loss related to your use of the Website or use of any of the products purchased at the Website).

Please read all information, warranties or warnings provided by the manufacturer owner or seller of the products on or in the product packaging and labels before using any product purchased on the Website. The Website shall not be liable for the accuracy, fitness for a particular purpose or quality of such products or reliability of any information provided by any manufacturer owner or seller of such products and it is your responsibility to evaluate such information.

  1. Indemnity and Limitation of Liability

You agree to indemnify, defend and hold harmless DSG Energy and the directors, officers, employees and agents of DSG Energy from and against all losses, expenses, damages and costs (including reasonable legal fees) arising from any breach of these Terms and Conditions or any other activity by you in connection with your use of the Website.

You further agree that DSG Energy shall not be held liable howsoever for your use of the Website and you agree to waive all claims that you may have against DSG Energy for any loss or damages you may sustain in connection with your use of the Website. In the event that this disclaimer is unenforceable, the total liability of DSG Energy, if any, for losses or damages shall not exceed the fees you paid for the particular service or product upon which liability is based.

  1. Access Termination

DSG Energy may terminate or suspend your access to all or part of the Website, without notice, for any conduct that DSG Energy, in its sole discretion, believes is in violation of any applicable law or is harmful to DSG Energy or a third party.

 

TERMS OF SALE

  1. Eligibility to Order

The Website only sells Products to adults who have payment ability. If you are under 18 years, please use the Website with participation of your parent or guardian.

You can order as a registered user or as a guest by our guest checkout function. You need an email address, a residential address and a mobile phone number to place an order, and you may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes adding Products to your shopping cart and submitting your order.

  1. Ordering

Establishing an Account

In order to purchase Products from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. However, you may only establish an account if you are 18 years of age or over. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information when placing order to purchase Products. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. You shall be solely responsible for any loss or damage that may arise from and/or in connection with any incorrect or incomplete information provided by you. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are solely responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities including, without limitation, all purchases of the Products and services through the use of the Website that occur under your account or password shall be your responsibility. Please ensure you have read and understood the terms of our Privacy Policy before you provide any personal information to us.

Offer to Purchase

All information on the Website is only an invitation to treat and is not an offer or unilateral contract. You agree that your order is an offer to purchase the Products listed in your order from DSG Energy on these Terms and Conditions.

Currency

All prices are indicated and charged in Hong Kong dollars (“HKD”).

Territory

Orders on the Website and deliveries are possible only certain regions and area of a region namely the Hong Kong Special Administrative Region (“Hong Kong”), the Macau Special Administrative Region (“Macau”) of the People’s Republic of China, and the area that the appointed 3rd party courier can provide the delivery service.  If DSG Energy is not able to execute an order, DSG Energy will inform you as quickly as possible.

Quantity Limits & no purchase for resale

Orders are accepted only in quantities usual for households. The Website is intended solely for DSG Energy to sell Products direct to end consumers, and therefore purchase of Products for resale is strictly prohibited. Purchase for resale means the purchase of Product by someone who resells, or intends to resell, the Product to others (consumers, businesses or any third party). If DSG Energy believes you are involved in purchase for resale, DSG Energy reserves the right to take any action against you, including, without limitation, to restrict your assess to or use of the Website, restrict sales to you, cancel your orders, and/or suspend or close your account.

Stock Limitations

Products on the Website are in stock and are ready to be sent. Products that are out of stock are marked as unavailable. We may have stock issues from customers ordering Products at the same time. When we are unable to ship an item already ordered, we may cancel that part of your order and you will be reimbursed or not charged accordingly.

No Changes

Please note that we cannot make or accept any changes (including delivery address and type of the Products) once your order has been placed.

Right Not to Accept Orders

Fulfilment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations (which list is not intended to be exhaustive), without being liable for any damages or costs other than repayment of any amount received from you in relation to the order we have cancelled:

  1. The Product is not available;
  2. Your billing information is not correct or not verifiable;
  3. Your order is flagged up by our security systems as an unusual order or an order susceptible to or suspected of fraud;
  4. We could not deliver to the address provided by you;
  5. We believe you are under the age of 18 years old;
  6. We believe that you are a reseller;
  7. There was an error in the price display on the Website;
  8. In the event of misspelling, pricing or other errors or mistakes in the Website information; or

due to circumstances or events beyond our control.

Confirmations and Acceptance

When you submitted an order and completed the payment (as defined in “Payment”) below), we will send you an email acknowledging receipt of your order (“Order Confirmation”). This does not mean that we have accepted your order. OUR ACCEPTANCE OF THE ORDER WILL NOT TAKE PLACE UNLESS AND UNTIL WHEN THE PRODUCTS ARE DELIVERED TO YOU (as defined in “Delivery” below).

  1. PAYMENT

Payment Method

You can pay for the Products by the payment method as indicated in the checkout page. If you have a promotion code, please enter it in the checkout page in the ‘Promotion Discount’ field and click on ‘Apply’. Please check the expiry date of your promotion code before using it. Please note that you cannot use more than one promotion code for the same purchase order. Not all Products and not all sale of Products are eligible to the promotion code.

Shipping costs

If you decided to collect the Products by using the delivery service, you agree to bear the costs for delivery of the Products you order. The shipping costs will depend on the places where the Product(s) is/are to be delivered and to be charged in accordance with the charge rate imposed by the appointed 3rd party courier.

Total Price

The total price will be recorded in the Order Confirmation. If payment is made by credit card, such total price will be reflected on your bank statement.

Price Changes

The prices of the Products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.

Retention of Ownership

Any Products purchased from the Website remain the property of DSG Energy until the payment process in the Website is completed and it is delivered to the courier (as defined in “Delivery” below).

  1. DELIVERY

Acceptance of Products

Please check your ordered Product(s) (including complimentary gifts): 1.) in the showroom if you decided to collect the Product(s) in person; or 2.) in the presence of courier, to confirm the quantity, type, and intactness. Please accept the Product(s) only after the forgoing is confirmed by you. In case that you discover any shortfall, inconformity, obvious material or production defects or damage to the Product(s), please notify us immediately by email or phone.

Standard Delivery Time (Subject to the 3rd party courier service standard)

Generally, delivery time is approximately 7 to 10 business days after the Product(s) under any order is shipped. Please note that we are unable to and we do not accept order to ship Products to PO boxes. The above delivery time is estimate only, and the exact delivery time will vary depending on region and district being selected. We do not ship on public holidays. For the purpose of these Terms and Conditions, “business days” mean any days which exclude Sundays and public holidays and any days on which a tropical cyclone warning signal no. 8 or above or a black rainstorm warning signal is issued in Hong Kong or bad weather warning of similar effect is issued in Macau at any time between 9:00 a.m. and 5:00 p.m.

Passing of property

Property in the Products you have ordered will pass to you when they are: 1.) collected by you in the showroom; or 2.) delivered to the courier. Once the property in the Products have been passed to you all risk of damage to, or loss of, the Products shall pass to you. If you fail to take delivery or the courier is unable to deliver the Products, the risk in the Products will still pass to you, and we shall be entitled to charge you for any additional storage costs or delivery fees incurred by us.

  1. PROMOTIONAL DISCOUNT

Promotional discounts are non-transferable and there is no cash alternative. Only one promotional code will be accepted per order. The terms and conditions may vary for each promotional code and we reserve the right not to accept, honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions. We reserve the right to cancel an order in the event that an unauthorized promotional code has been used.

  1. RETURN /EXCHANGE OF PRODUCTS

For Products with quality problems purchased at the Website, you can request a return / exchange within 7 days from the date of purchase. It is our policy to satisfy the “Return / Exchange Conditions” described below and the quality problems are verified by our after-sales service team.

Please contact us by sending email to marketing@dsg-energy.com for any Products return / exchange request. Once we accept your exchange request, please return / exchange the Products in our showrooms. Once we receive the returned Products and determine that they satisfy the “Return /  Exchange Conditions” described below, we will exchange the Products with same model or style to you. If the returned Products is out of stock, we will arrange for refund in according with the “Refund” described below.

Please note:

  1. Small threads, raw edges (commonly seen on apparel), colour differences due to different monitors (different displays, colour differences are not avoidable), thickness of the Products, running threads, hand-feel and other similar details, etc, are not recognised as quality issues.
  2. Return / exchange due to reasons such as style, colour and subjective preferences are not a return / exchange for Products with quality issues.
  3. Damage caused by improper use, wash or damage caused by your own alteration or other human factors will not be considered as a quality issue.
  4. If the Products are clearly indicated with defects at the time of purchase, i.e. B-grade or products with identified cosmetic defects, such defects are not considered as quality problems and will not be accepted for return / exchange.

Return / Exchange conditions

  1. the Products are sent back within the stated return / exchange period;
  2. the Products are in original condition (for example, the Products are kept intact, unused, unwashed or unaltered, no stains or cosmetics on the products) and the conditions for re-sale of the Product has not been affected;
  3. the outer package of the Product is intact, the Product accessories, instructions, tags, labels, etc. should all be kept intact;
  4. If the Product / parcel has additional gifts (gift with purchase promotion), please return the gift together. The gift needs to be kept in the condition as it was received. If the gift cannot be returned, we have the right to ask you to pay for the gift according to the price of the gift we have indicated.

Return / Exchange Exclusions:

  1. Products not sold through the Website;
  2. where the Product is used, washed, processed, soiled or damaged, the logo is cut, and other merchandise not in re-sale condition;
  3. where the electronic invoice or order number issued at the time of purchase is lost;
  4. orders that exceed the return / exchange period;
  5. Products that are clearly indicated with defects at the time of purchase, and then returned / exchanged with defective reasons; and
  6. other circumstances in which the consumer has no right to return / exchange according to this policy and the applicable law.

Refund

For the returned Products, once we confirm that the return conditions and requirements are met, we will refund the actual payment after receiving the returned Product(s), but:

  1. We have the right to deduct the partial refund amount if your returned Products were bought together with other Products to enjoy our threshold promotions or offers;
  2. We have the rights to deduct the shipping fee from your refund amount if your returned Products were bought together with other merchandise to enjoy a free shipping promotion.

The time of actual refund to your account depends on different banks or payment platform operations. It may take up to 10-15 business days.

  1. DISCLAIMER OF WARRANTIES

THE WEBSITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE WEBSITE. DSG ENERGY AND ITS AFFILIATES, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

  1. LIMITATION OF LIABILITY

NEITHER DSG ENERGY NOR ANY OF ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY APPLICABLE INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF APPLICABLE DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER DSG ENERGY NOR ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT POSTED ON THE WEBSITE BY DSG ENERGY OR ANY THIRD PARTY UNLESS SUCH DAMAGE IS THE RESULT OF ANY WILFUL MISCONDUCT ON THE PART OF DSG ENERGY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF DSG ENERGY AND ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED HKD200.

While we try to maintain the integrity and security of the Website and the servers from which the Website is operated, we do not guarantee that the Website will be or remain secure, complete or correct, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with these Terms and Conditions. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alteration to the Website, contact us at marketing@dsg-energy.com with a description of the material(s) at issue and the URL or location on the Website where applicable material(s) appear.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THE RELEVANT LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  1. TERMINATION

DSG Energy reserves the right to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) or your use of this Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Website, Products and services available on or through the Website at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.

Any sections of these Terms and Conditions that must survive termination in order to give effect to their intent and meaning shall survive termination of these Terms and Conditions. The termination of your account shall not affect any rights of DSG Energy or any liabilities and obligations of you accrued prior to such termination.

  1. MISCELLANEOUS

Contact information

If you have any questions about these Terms and Conditions or the Website, please direct your questions to marketing@dsg-energy.com .

Changes to these Terms and Conditions

If DSG Energy decides to change these Terms and Conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. IF YOU CONTINUE TO USE THE WEBSITE AFTER EFFECTIVENESS OF THE CHANGED TERMS AND CONDITIONS, YOU ARE DEEMED TO HAVE FULLY ACCEPTED THE CHANGES.

Governing Law and Jurisdiction

These Terms and Conditions (including all policies referred to herein) are governed by the laws of Hong Kong. Any dispute arising from or relating to these Terms and Conditions (or any policy referred to herein) shall be subject to the exclusive jurisdiction of the competent Hong Kong court.

Independent Contractors

These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and DSG Energy.

Severability

If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, such provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provision.

Assignment

DSG Energy shall have the right to assign the rights or obligations under these Terms and Conditions to any third party, provided that DSG Energy shall give not less than 7 days’ written notice to you. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent.

Force Majeure

We will not be responsible for failures to fulfil any obligations under these Terms and Conditions due to causes beyond our reasonable control, including but not limited to war, terrorist attack, strike, fire, explosion, flood, earthquake or other natural disaster.

Entire Agreement

These Terms and Conditions, together with all policies referred to herein, constitute the entire agreement between you and DSG Energy relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and DSG Energy relating to the subject matter herein.

Language

If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.

Third Party Rights

No person shall have any right under the Contracts (Rights of Third Parties) Ordinance (Cap 623, Laws of Hong Kong) to enforce or enjoy the benefit of any of these Terms and Conditions.