These Terms and Conditions (together with other policies referred in these Terms and Conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our websites https://mtsoln.com of their sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them).
When we refer to "we", "us" or "our", we mean Mercury Technology Solution. Where we refer to "you" or "your" we mean you, the person using the Website.
If you do not understand any of these terms and want to talk to us about them, please contact us: [email protected]
Accepting the Terms and Conditions
Please note that by using, accessing or browsing our Website, you signify that you have read, understood and agree to be bound by each, and every term and condition set forth herein in all respects. If you do not accept these Terms and Conditions, you should leave the Website immediately. If you continue to use the Website or if you order products and/or services, we will take this as your acceptance of these Terms and Conditions. We reserve the right to modify and amend these Terms and Conditions, as well as any price, product information, online shopping terms and conditions from time to time without prior notice, and we shall not be liable to you or any third party for any modification to or withdrawal of the Website, or changes to the Terms and Conditions.
Placing Orders and Confirmation of Orders
By completing the check-out process and placing an order by clicking the "Place Order" button [Note to Mercury: Please confirm] on the checkout page, we will send you an order acknowledgement email detailing the products you have ordered. This does not mean that your order has been accepted. Our acceptance of your order will take place upon dispatch of the product(s) ordered. On dispatch of your order we will send you a dispatch confirmation email, at which point the contract between you and us will be formed. These emails form part of the order process, and are not marketing communications.
All orders are subject to availability and we reserve the right to reject any offer to purchase by you at any time. Sometimes we may not be able to accept an order for some of the following reasons:-
• The product you ordered is unavailable;
• We are unable to obtain authorisation for payment or there is a problem receiving your payment;
• We have identified a pricing or product description error;
• The quantity of product ordered is above restrictions placed upon us by our suppliers or promotion rules;
• You fail to meet the eligibility to order criteria as out in the Terms and Conditions.
If we are unable to accept an order from you, you will be contacted by one of our representatives as soon as possible. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
The prices of the products will be as quoted on the Website at the time you submit your order. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, there may be cases where errors occur. If we discover an error in the price or availability of any products that you have ordered, we will inform you of this as soon as possible and, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
Duties and Taxes
Depending on your delivery address, different taxation rules and additional charges may apply. In the event there are taxes, import duties, levies or other charges imposed by an government authority (“Import Export Fees”) such as with overseas deliveries, you will be responsible for payment of such amounts not originally included in the purchase price. In the event of returns, you will be also be responsible for such Import Export Fees, and we shall not refund such amounts under any circumstance. It is your responsibility to ensure that the products you order are permitted to be sent to you at your stipulated address, and we shall not be held liable if you breach any relevant laws.
Delivery options vary by product and delivery service, and depend on the total size and weight of the products in an order. The delivery options and their cost, (which shall be borne by you) will be displayed to you during the check-out process. Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimates only and cannot be guaranteed. Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you from our physical store.
All sales are final and no returns or exchanges will be accepted due to hygiene reasons and the need to preserve the energy quality in our products.
Where goods have been damaged in transit, please let us know as soon as possible. If you wish to exercise your legal rights to reject the goods you must allow us to collect the goods from you. We will pay the cost of collection. Please contact our customer services team at [email protected] to arrange collection of the goods. All such damaged goods should be in their original packaging (even if damaged) and must not be used. We may ask you to take photographs of the damaged goods so that we can see the condition that the goods were in when they were delivered to you.
Non-delivery of an order should be reported to us as soon as possible so that we can try and remedy the situation without undue delay. Please let us know if you have not received your order within 7 working days of the date of dispatch (or in the case of international deliveries, 3 working days of the estimated arrival date), so that we can start investigating as soon as possible. Dispatch is confirmed by e-mail. If an item is lost in transit, we may not dispatch a replacement immediately. Re-sent or replacement items will be dispatched at our discretion or subject to availability, once all tracking and investigative avenues have been exhausted.
By completing and submitting the booking form for readings and classes (together the “services”, each a “service”) by clicking the "[Book Now]" button on the [Bookings Page], we will send you an acknowledgement email detailing the services you have signed up for, and this will confirm our acceptance of your booking. These emails form part of the booking process, and are not marketing communications.
Refunds and Cancellations
You acknowledge that no refunds will be given once a booking has been accepted, and that you agree to the terms under our Cancellation Policy, as amended, supplemented or otherwise modified from time to time.
By placing an order for products or services, you confirm that the credit or debit card used for the purchase of the products is yours, and that all the details you provide in relation thereto are true and accurate. All credit and debit cards are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
Refusal of transaction
With regard to any contract for the purchase of products or services from the Website, We reserve the right to withdraw any products and services from the Website at any time and/or remove or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will notify you if we do not accept your order or booking. We will not be liable to you or any third party by reason of:
• Our withdrawing any product or service from the Website, whether or not that product or service has been ordered;
• Removing or editing any materials or content on the Website;
• Refusing to process a transaction after processing has begun.
Eligibility to order
To be eligible to purchase products on this Website, you must:
(a) When creating an order, provide your real name, phone number, email address, payment details and other requested information;
(b) Stipulate a valid delivery address in Hong Kong Island, Kowloon and New Territories, Outlying Islands and non-urban areas; or overseas nation in which we are permitted by law and capable to ship to;
(c) Possess a valid credit or debit card issued by a bank acceptable to us;
By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including, but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your debit or credit card, to obtain an initial debit or credit card authorisation and to authorise individual purchase transactions.
Limitation of Liability
Our liability to you in relation to the Website including the products and services sold or provided thereunder, is limited to loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Website or purchased products and services thereunder.
To the extent that we are liable to you in respect of breach of contract, for negligence or for any other legal liability in relation to the products or this contract or otherwise, our total liability to you will be limited to the price of the products paid by you for those products which are the subject of the liability.
We shall not be responsible for any indirect or special losses which happen as a side effect or consequence of any main loss or damage or for anything which we or you could not reasonably anticipate. This includes but is not limited to the following, however they arise:
• loss of money, profit, income or revenue;
• loss of savings;
• wasted expenses;
• loss of use of money;
• wasted time costs;
• lost opportunity; or
• compensation for disappointment or inconvenience.
We shall not be held liable for any situation caused by incorrect or improper use of our products and services, and we shall not incur any liability of any kind arising in contract or delict from any injury, loss or damage to any person or property arising from the use of the products. Users of our products and services thereunder shall take all responsibility to inform themselves before using any of our products and services, and ensure the products are handled, stored, installed, used, worn or otherwise dealt with in a normal and proper manner. Our products and services have not been evaluated by a regulating agency and they are not intended to replace informed medical treatment or advice.
We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited by law.
Product Description and Use
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as some of the descriptions are based on information provided to us by our suppliers), we cannot guarantee that all details are always accurate, complete or error free. Please contact us if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours and details accurately, we cannot guarantee that your computer's display of the images accurately reflects the true colour and details of the products.
We cannot guarantees that the products displayed on our Website do not contain components that can cause risk to health, property or the environment.
The products sold by us to you are intended for your domestic and private use only. We shall not have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
Crystals and energy products are consumable goods, and there is a possibility that the product will get damaged when it is exposed in extremely low frequency magnetic fields or when the energy is largely consumed. Please consider the possible risks before purchase. Mercury Technology Solution makes no representations whatsoever and gives no guarantees against latent or patent defects in respect of the products, and all conditions and warranties whatsoever, whether implied or otherwise, are hereby expressly excluded. You are highly suggested to experience our products in our physical stores, come visit us!
Access to Website
We do not warrant (either expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. You agree that access to the Website is undertaken at your own risk. We shall not be liable for damages of any kind related to your use of or inability to access the Website, virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.
We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Private Use and Resale of Products
The products sold by us to you are intended for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List.
Intellectual property, software and content
We are the owner or the licensee of all intellectual property rights in the Website and its content, including but not limited to the text, graphics, logos, button icons, images, video clips, audio clips, editorial content, digital downloads, data compilations and software including the presentation and compilation of the same (collectively the "Content"). The rights in the Website and the Content are protected by applicable intellectual property and other laws, including but not limited to international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
You agree that you will not use the Content and our proprietary information or materials in any way whatsoever except for purchasing our products and services in compliance with these Terms and Conditions. No portion of the Website or Content may be reproduced in any form or by any means without our express written consent. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our products and services or Content in any manner, and you shall not exploit our products, services or Content in any unauthorized way whatsoever.
If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Terms and Conditions.
Third Party Rights
Any contract pursuant to these Terms and Conditions shall be between you and us. No other person shall have the right to enforce any provision of any such contract under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of the Laws of Hong Kong or otherwise.
Governing Law and Jurisdiction
Anything related to your order, use of the Websites or these Terms and Conditions are governed by Hong Kong law. The courts of Hong Kong shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.