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General terms and conditions of use
These General Terms and Conditions of Use govern the access to and use of the Website.
The access to and use of this Website, as well as the purchase of products, are based on the assumption that you have read, understood and accepted these General Terms and Conditions of Use and General Terms and Conditions of Sale. Such activities shall be carried out by the users exclusively for personal purposes, which shall in no way be related to any trade, business or professional activity.
This Website is managed and maintained by AGN Hong Kong Limited (Hong Kong Companies Registry No. CR 77787053), with registered office in Unit 2006, 20/F, The Centrium, 60 Wyndham Street, Central, Hong Kong (hereinafter also referred to as “AGN HK”).
For assistance and/or information regarding orders, shipping, refunds and returning purchases from this Website, please contact us by e-mail at supportasia@subdued.com.
For suggestions and other information on the services offered by the Website, please contact us by email at supportasia@subdued.com.
For any other legal information, please consult the General Terms and Conditions of Sale, Withdrawal and Privacy Policy sections.
AGN HK has the right to amend or simply update all or part of these General Terms and Conditions of Use. Any amendment or update shall be posted for users’ attention on the homepage of the Website as soon as it becomes applicable and shall be binding once published on the Website. Continued use of the Website following notification of any amendment constitutes acceptance of the revised Terms.
By accessing and using this Website and/or placing an order, you confirm that you are at least 18 years of age. AGN HK does not knowingly collect personal data from individuals under the age of 18. If you believe a minor has provided personal data to us, please contact us at supportasia@subdued.com so that we may delete such data.
On accessing the site, you shall be solely liable for the use of the Website and its content for your own actions. In particular, you shall be solely liable for communicating information or data which is false, incorrect or concerning third parties – in the event such third parties have not given their explicit consent – as well as for any improper use of such information or data.
Subject to applicable Hong Kong law – and without prejudice to any liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence – AGN HK shall not be held liable for any use of the Website and its content that is not compliant with applicable laws and regulations.
To the extent permitted by applicable law, AGN HK claims no liability for any damage resulting from: (a) a lack of accessibility to the services on the site; (b) potential damage caused by viruses, damaged files, errors, omissions, service interruptions, deleted content, problems related to the network, providers or telephone and/or data transmission connections; (c) unauthorised access or data alterations; or (d) the defective functioning of the user’s own electronic devices. Any possible damage to computer systems or data loss resulting from downloading operations or use of the service remains the responsibility of the user, save to the extent that such damage is caused by AGN HK’s negligence.
Nothing in these Terms shall exclude or limit any rights you may have as a consumer under the Sale of Goods Ordinance (Cap. 26), the Supply of Services (Implied Terms) Ordinance (Cap. 457) or any other applicable Hong Kong consumer protection legislation, which cannot be excluded by agreement.
The user is liable for the protection and correct use of their own personal information, including the credentials that provide access to restricted services, as well as any damaging or detrimental consequences incurred by AGN HK or third parties following the incorrect use, loss or disclosure of such information.
Dispute Resolution. In the event of any dispute arising out of or in connection with the use of this Website or these Terms, the parties shall first attempt to resolve the dispute by good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may refer the matter to the courts of the Hong Kong Special Administrative Region, whose non-exclusive jurisdiction you hereby submit to. Consumer disputes involving claims of HKD 75,000 or less may be referred to the Small Claims Tribunal of Hong Kong.