Terms & Conditions
Welcome to Good Moment Website (collectively, the “Site” or the “Company” or the “Seller”). By using Good Moment Online Platform and/or its affiliates’ services and website features, you agree to these conditions. Please read carefully:
MODIFICATION OF THESE TERMS & CONDITIONS
The Good Moment reserves the right to change the terms, conditions, and notices under which the Good Moment Sites are offered, including but not limited to the charges associated with the use of the Good Moment Sites. You are responsible for regularly reviewing these terms and conditions.
ELIGIBILITY FOR MEMBERSHIP REGISTRATION AND ACCOUNT SECURITY
To make a purchase on Good Moment Online Platform, you agree you have reached the age of 18, and you fully recognize and understand the terms and conditions of the Site. By registering with Site as a member, you agree that all information provided must be accurate and up to date. You are responsible for maintaining the confidentiality of your password and personal information. Should any of the password, login id, address, credit card information and other personal information is stolen, lost, and irretrievable, Good Moment is not responsible for your loss. Your membership and account are non-transferable, any rights granted to you through this Site will be terminated upon your death. You agree to not use the account for illegal activities, or use and/or forge the account, username, email and other personal information of another member. If you suspect any unauthorized or illegal use of your membership, and/or if you find suspicious access to your account, you may write us at firstname.lastname@example.org.
TERMINATION OF THE ACCOUNT OR MEMBERSHIP
You can terminate your account anytime by make request to us through email at email@example.com Our company reserves the right to terminate your account at any time, for any or no reason, with or without prior notice or explanation and without liability. All rights granted to you due to this account will be terminated upon your death and any content of this account shall not be transferred to another individual.
Members, non-members and other visitors of the Site are allowed to write reviews or post comments on the Site. Play all forms of communications only with the conditions that such contents are not illegal, profane, obscene, threatening, infringing to any form of intellectual property rights and copyrights, or otherwise harmful to any third party. We do not knowingly accept, via the Company Services or otherwise, commercial or personal unsolicited submissions, spams or any mass mailings. Company’s policy is to simply delete such submission as Company sees fit. You agree that you are not entitled to any compensation. By sending us any solicited materials, you waive the right to make any claim against Company. Good Moment reserves the rights to delete or edit any content posted by anyone, if the content is considered harmful to another individual or the Company itself.
PURCHASING SERVICES OR PRODUCTS
If you purchase any services or products on the Site, you may be required to provide personal information including but not limited to, address, full name, credit card and billing information (“Personal Financial Information”) You understand that the Site sells contents that might be inappropriate for a minor, which includes contents with violence, sex and others. By registering with our membership system and/or making a purchase on the Site, you agree that you have reached the legal age of 18 to be able to view, use, and buy these products and/or services. While Good Moment tries to be as accurate as possible in terms of product and service description, we do not guarantee that all product and service description are completely accurate or current.
STATEMENT ON FINAL PRODUCTS
Final products may vary from photos shown on the Site. Product details, including but not limited to colors, sizes and shapes, are subjected to change and/or modify without further notice. Pre-ordered goods are not refundable and/or cannot be exchanged to other items. If final products vary from the photos Customers see when they order/pre-order, The Company will not be held responsible for any refunds, exchanges, and returns due to these variations. We shall not be held liable directly or indirectly, for any loss or damage caused or alleged to have been caused by these final product variations offered.
The services provided by the Company contain information, text, files, images, videos, audio files, musical works, works of authorship, applications, and any other materials or content (“Content”) of Company (“Company Content”). All Company Contents are protected by copyrights, trademarks, patent and other laws. We reserve and retain all rights in the Company Content. We accept the personal use of Company Content, only on the basis that it is not used commercially. You may not copy, download, stream capture or otherwise use any Content for commercial purposes. You are therefore prohibited from creating materials with Company Content to be sold, bartered, or given away, unless otherwise stated by the Company. Any bypass and/or interference of the copyright, trademarks and patent owned by the Company are strictly prohibited.
YOUR PROPRIETARY RIGHTS
Company does not claim ownership rights in the User Content that you posted, but that does not include content that is already owned by us. By posting any User Content, you hereby grant the Company perpetual, royalty free worldwide license to use on all media, for purposes not limited to promotional marketing, trade and other commercial means. It is not required to have notification from you, and no payment shall be made to you focusing the User Content you posted on and/or through the Site. We reserve the right to limit the storage capacity of User Content, and monitor your Content. You own the User Content, and therefore you are fully responsible for any legal actions.
COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY
Good Moment’s rights include all content and data compilation made through the site of Good Moment E-Shop, that includes but not limited to text, graphic, video clips, logos, button icons, audio clips, scripts, headers, and digital downloads. The compilation of all content included or made through the Site is the exclusive property of Good Moment and is protected by copyright laws. Good Moment's trademarks and trade dress may not be used in connection to products or services that are not Good Moment’s. Good Moment is not legally responsible for any trademarks not owned by Good Moment that appear and/or connected to the Site. Good Moment respects the intellectual property of others, and we require our users to do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Company has a policy of terminating repeat infringers’ access to the Company Services in appropriate circumstances. If you believe there are materials on the Site that infringe your copyright, please inform us at: firstname.lastname@example.org.
Buyer expressly agrees that Seller’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller.
ACCEPTANCE OF ORDERS
Seller may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, by any other statement, act or course of conduct which constitutes acceptance under applicable law.
All prices are FOB Seller’s facilities. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Company and/or the Site have the rights to set the prices for all products at any time. All prices shown on the Site are not confirmed until you order. Please note that the price of a product may increase or decrease between the time that the product is placed in the shopping cart and the time the purchase is actually made. Seller has the right to cancel the order for products that have been listed at an incorrect price, rebate or refund, that contain other incorrect information or typographical errors or that are unavailable for any reason, regardless of whether the order has been confirmed or your credit card or other payment service has been charged.
Unless otherwise agrees in writing signed by officer of Seller, all delivery dates are estimates Seller shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller’s failure to deliver Product by the specified date.
TRANSPORTATION AND RISK OF LOSS
The method and route of shipment are at Seller’s discretion unless Buyer timely supplies explicit instructions otherwise. Title to the Product passes to Buyer when Product is delivered to the selected carrier, even if Seller made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.
CANCELLATION OR MODIFICATION
Any order placed with and accepted by Seller may be canceled by Buyer only upon Seller’s approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss. Seller will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of order value to recover retrieval costs incurred. Seller will not accept cancellations of special orders of non-standard, non-price list products. Seller may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.
Buyer is responsible for any tax or governmental charge imposed upon the sale or transfer of any product. Any such tax or governmental charge will be added to the total invoice amount. All prices are FOB Seller’s facilities. Applicable freight costs will be added to the invoice.
WARRANTY AND DISCLAIMER
Seller warrants that the purchased Product is free from defects in materials and workmanship at the time of delivery. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such.
LIMITATION OF LIABILITY
Buyer acknowledges and agrees that seller’s liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on seller’s liability hereunder shall apply even if seller’s liability is due in whole or in part to its own negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within one (1) year after the cause of action as accrued.
RETURN OF MATERIAL
Upon delivery of Product, Buyer shall have five (5) days to inspect Product and notify Seller, in writing, of any defective goods or other cause for rejection. Buyer agrees that five (5) day period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within such five (5) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.
Buyer shall defend, indemnify and hold harmless Seller and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without Seller’s consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label Product or Buyer’s improper labeling of Product regardless of whether the labeling was done with or without the advice of Seller, or any act or omission of Buyer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnitee or as a result of Indemnitee’s strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.
Net cash thirty (30) days from the date of Invoice. Amounts not paid within thirty (30) days are overdue and shall accrue interest at a rate of one and one-half percent (1-1/2%) per month or the highest allowed by law, whichever is less. Buyer shall reimburse Seller for any costs incurred in collecting past due sums or any other amounts owed by Buyer for any reason whatsoever, including, but not limited to, court costs and attorneys’ fees.
GOVERNING LAW AND ARBITRATION
This Agreement shall be interpreted and construed in accordance with the laws of the Hong Kong Special Administrative Region without regard to its choice of law principles. Any dispute, controversy or claim of any kind arising under, in connection with, or relating to this Agreement shall be resolved exclusively by binding arbitration.