TERMS AND CONDITIONS FOR ONLINE MARKETPLACE
- These terms
- Snowonly Limited is an online platform for sellers of Ski property all over the world (“Products”). These terms and conditions govern your use of our website (our “Platform”).
- Please read these terms carefully before you submit any order on our Platform. These terms tell you who we are, the conditions on which you may be a seller or a buyer on our Platform, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
- By using our Platform, you agree to these terms. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
- Information about us and how to contact us
- We are SNOWONLY Limited, a company registered in Hong Kong, trading as Snowonly Limited. Our company registration number is 67686251-000- 04-17-A and our registered office is at 22/F, 3 Lockhart Road, Wanchai, Hong Kong.
- For any questions or problems relating to our Platform, our Products or these terms, you can contact us by email us at [email protected] or write to us at 22/F, 3 Lockhart Road, Wanchai, Hong Kong.
- If we have to contact you, we will do so by telephone or by email you provided to us.
- When we use the words "writing" or "written" in these terms, this includes emails.
- Contracts for sale
- We are a marketplace that allows users to offer, sell and buy Products. The actual contract for sale of Products is directly between the seller and the buyer. We are not liable to any person in relation to an offer for sale, sale, or purchase of any Product listed on our Platform. We are not responsible for the enforcement of any contractual obligations between any buyer and any seller.
- We have no control over and we do not guarantee the existence, quality, safety or legality of the items offered or advertised on our Platform, the accuracy, completeness or truth of any content or listings posted by users, the credit worthiness of any user, the ability of sellers to sell or buyers to buy, or that a particular buyer and seller will complete a particular transaction.
- We are not involved in any transaction between a buyer and a seller on our Platform save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers.
- We are not an agent of any buyer or seller.
- We may (at our discretion but are not obliged to) check, audit or monitor the information contained in listings, comments and/or reviews posted by users.
- A buyer may place orders on the Platform as instructed on our Platform. A seller's acceptance of a buyer's order will take place when they email the buyer to accept it, at which point a contract will come into existence between the seller and the buyer.
- Terms and conditions for sale
- If you list an item on our Platform, you agree to comply with our rules for listing, content policies and selling practices from time to time in force. You are responsible for the accuracy, completeness and truth of the content of the listing and the Product offered. We reserve the right to modify, suspend or delete any listing that violates our rules, policies and practices, or to improve user experience.
- We have full discretion in determining the appearance, placement and order of listings in search and browse results. The factors we may consider in making such a determination may include the buyer and seller's respective location, the search terms used, and the buyer and seller's respective history on the Platform.
- You are responsible in keeping any content and information posted accurate and up to date. You should delete any listings that are no longer available.
- You must comply with all applicable laws and regulations in providing, delivering or rendering the Products that you offer or sell.
- When providing content on or to our Platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, process, adapt, modify, publish, display and distribute such content for the purposes of providing the Products to you and the promotion of our Platform.
- For all content that you provide, you warrant that:
(a) the content is accurate, up to date and not misleading;
(b) you own or otherwise control all necessary rights to meet your obligations under these terms regarding such content; and
(c)the use of such content does not and will not infringe any intellectual property rights of any third party.
- While we try to offer reliable information, we do not promise that any content or information provided on our Platform will be accurate, complete, up to date or always available. If and where we offer catalogues of listings, such catalogues may include product images, descriptions and specifications provided by users or other third parties.
- We do not take any responsibility, nor do we assume any liability, for any content provided by you or any third party. You agree not to hold us liable for any inaccurate or misleading content.
- Buyer's rights to make changes
If a buyer wishes to make a change to the Product he has ordered, please contact the seller. The seller has full discretion whether or not to accept the changes. The seller will let the buyer know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of the requested change and ask the buyer to confirm whether he wishes to go ahead with the change. If the seller cannot make the change or the consequences of making the change are unacceptable to the buyer, the buyer may request to end the contract (see Clause 9 - A buyer's rights to end the contract).
- A seller's rights to make changes
- Sellers may make minor changes to their Products from time to time in order to:
(a) reflect changes in relevant laws and regulatory requirements; and
(b) implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect a buyer's use of the Product.
- If a seller makes significant changes to their Products or the Seller's Terms for the Products, the seller will notify the buyer prior to the changes take effect. If the buyer does not accept the changes, the buyer may contact the seller to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
- A buyer's rights to end the contract
- To end the contract with Snowonly Limited, select the relevant option in your account, or email our customer services at [email protected]
- Price and payment
- The price of the Product will be the price indicated on the listing pages when a buyer views it online. Each seller must take all reasonable care to ensure that the price of the Product advised is correct.
- It is always possible that, despite best efforts by the seller, some Products may be incorrectly priced on the Platform. If the correct price for the Product at a buyer's order date is less than the price stated to the buyer, the seller will charge the lower amount; but if it's higher than the price stated to the buyer, the seller will contact the buyer for instructions before accepting the buyer's order.
- Our responsibility for loss or damage suffered by you
- Nothing in these terms will limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (where applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Use of your personal information
- The personal information you provide to us will be used:
(a) to supply the Products to buyers;
(b) to process payment for the Products; and
(c) if you agreed to this during the order process, to give you information about similar products that are available on our Platform, but you may stop receiving this at any time by contacting us.
- We will only give your personal information to third parties where the law
either requires or allows us to do so.
- Entire agreement
- These terms constitute the entire agreement between any user and us in relation to the use of the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of the Platform.
- You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
- Other important terms
- We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for Products not provided.
- You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
- Governing law and jurisdiction
- These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
- The courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
- Data Protection
- Snowonly Limited may use your personal information as defined in the Data Protection Act 1998 (“Information”) in accordance with all relevant data protection legislation including the Data Protection Act 1998 and subsequent legislation or regulations.
- By registering with the Snowonly Limited website (“Website”) you accept the terms of this Data Protection Statement.
Snowonly Limited is registered under the data protection act 1998, registration number ZA305501
Last updated: 15 January 2018