Terms and Conditions
I. Acceptance of the General Terms and Conditions
1. Thank you for visiting our website www.pulseonp.net (“Website”). This Website is owned and operated by PULSE ON eSHOP (“PULSE ON eSHOP”, “we”, “us” or “our”). PULSE ON eSHOP reserves at our absolute discretion the right to interpret this legal agreement of Terms and Conditions (as defined below) of the Website (“Agreement”), and with the use of our Website (by accessing, browsing, using, subscribing with, registering with, logging-in, and / or placing an order on the Website), you confirm that you have read, understood and agree to these Terms and Conditions in their entirety and are bound by the Agreement with immediate effect. Please read all the Terms and Conditions carefully before you start to use the Website.
3. This Agreement shall not form any legal relationship nor be used to resolve any legal dispute between you and other customers in the course of any online transactions. You agree to comply with these Terms and Conditions when we render our services to you pursuant to Article IV.
4. All legal notices on this Website which relate to your use of the Website together with all applicable Terms and Conditions govern your use of this Website. All these Terms and Conditions set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
5. For the avoidance of doubt, all of the Terms and Conditions shall apply to and govern your usage of PULSE ON eSHOP, as well as our associated online sale web-store(s), including without limitation, www.chocoolate.com.
II. Revision of the Terms and Conditions
PULSE ON eSHOP reserves at our absolute discretion the right to amend and update the Terms and Conditions at any time. We shall post such updated or amended version at PULSE ON eSHOP as notification. If you do not agree to, or cannot comply with the Agreement, you should not use the Website. Please note that your use of the Website will be deemed to mean that you have read through and agreed to accept whatever Terms and Conditions prevail at the time of such usage of the Website, as implying that you agree to comply with and to be bounded by the Agreement without any reservations, modifications, additions or deletion. Unless otherwise specified, all the updated or amended parts shall form part of the Agreement.
III. Usage Guidelines
1. Customer should be an eligible person to access PULSE ON eSHOP, to register as our member, to log-in at our agreed manner, to shop and purchase at PULSE ON eSHOP. You must reach the age of 18 or above and hold a valid email address. If you are under the age of 18, then you must get your guardian’s permission for such access and usage. You should procure that your subscription, registration or access will not be subject to any sanction as enforced by any country, international organizations, trade bureau, statutory or regulatory restriction. You shall be solely liable if you are sanctioned due to any of the aforesaid restriction. In these circumstances, PULSE ON eSHOP may un-subscribe, de-register, withhold, suspend, permanently cancel or terminate your membership account, and / or prohibit from rendering our services to you.
2. You agree :
(a) to provide us with accurate, complete and updated information for subscription, registration and / or delivery purpose, and update us from time to time in case of any change;
(b) if it is found that your information provided, or PULSE ON eSHOP reasonably believes that your information provided, is not accurate, complete or updated, then PULSE ON eSHOP may withhold, restrict, suspend, cancel or terminate your membership account, and / or prohibit from rendering our services to you, without any liability on our part.
3. You shall not cause any act to :
(a) post materials or send emails (whether in the format of reviews, software, images, videos and photos, etc) containing contents which are illegal, profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous; or which are discriminatory comments; or which might be considered to be harassment, abuse or threats against the personal safety or property of others; or which may have criminal accusations; or which may express agitations or discriminations against any persons of any color, race, gender, religion, political belief and nationality;
(b) use this Website to have political or religious propaganda;
(c) post spam, advertisement or junk emails;
(d) post any materials which impersonate others or personal information about anyone, that to misrepresent the public that such is posted or forwarded by us;
(e) post anything which is or may be harmful to teenagers in whatever manner;
(f) use this Website in a way that may infringe the rights of PULSE ON eSHOP or anyone else or that may restrict or inhibit anyone else’s enjoyment of this Website, nor do any act that may result in any civil action caused by such infringement via your posting of any materials or sending of any emails;
(g) result in any criminal prosecution, civil prosecution, or breach of local law or the laws of any foreign country.
4. PULSE ON eSHOP, in our absolute discretion, reserves the right not to publish your reviews, comments, submissions or remove any of them, and take such appropriate action that we deem it necessary or that we believe do not comply with the Terms and Conditions herein.
IV. Services Scope
1. PULSE ON eSHOP renders, inter alia, the following services :
(a) to post our latest products, brands latest information, other advertising and promotional activities;
(b) to render online purchase services to customers; and
(c) any other new services as updated by us from time to time.
2. Unless otherwise specified, the contents displayed at this Website are solely for the purposes of rendering the aforesaid products and services available to customers residing in Hong Kong SAR.
V. Formation of Contract
1. Please note that completion of the online check-out process does not constitute our acceptance of your offer to purchase products or services from us. Before our acceptance of your offer to purchase, no formation of contract exists. Customers must follow the purchase instruction to submit the order and make the payment. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we are in receipt of your full payment and our dispatching of the product(s) that you ordered from us. Though we shall use our best endeavours to process all the orders, there are still certain extra-ordinary situations that we may have to decline the orders. In these circumstances, PULSE ON eSHOP has the sole discretion and right to decline your order for any reason at any time, without any liability on our part.
2. All products sold and services rendered by this Website are for your own personal use. Commercial or business re-sale is strictly prohibited. If we are suspicious of your purpose of using our products and services, we may decline your orders or refuse to sell our products and / or services to you, without any liability on our part.
VI. Risk of Delivery and Ownership
Risk of the products (including risk of loss and/or damage to the products) shall pass to customer when the products are delivered to the delivery address specified in the customer’s order or when the products are collected by customer on its own at our designated store(s). Ownership of the products shall only pass to customers when purchase price of the products (including the delivery costs, in case of choosing our standard delivery service) are fully received by PULSE ON eSHOP.
VII. Payment and Purchase Price
1.Customers should settle purchase price of the products and the related delivery costs (in case of choosing our standard delivery service) in the purchase check-out. PULSE ON eSHOP is not liable for any delay in the delivery or non-delivery caused by your failure to pay us.
2.All purchase price shown herein is inclusive of value-added taxes or sale taxes, but exclusive of any delivery cots (which shall be paid by you on top of the purchase price, in case of choosing our standard delivery service). PULSE ON eSHOP shall use its best endeavours that the price shown is accurate and updated. However, if the price shown is wrong or not the most updated one :
(a) then if the correct price is lower than the shown price, then the lower price shall prevail (and the paid exceeding sum shall be refundable to you); or
(b) if the correct price is higher than the shown price, then the shown price shall prevail.
3. Notwithstanding the aforesaid, even after sending you of our ordering acceptance email, if there is a manifest error in the purchase price, or such error is so obvious that you should be able to easily distinguish, then PULSE ON eSHOP shall have no obligation to sell the products at such wrong (or mistaken) purchase price.
4. To the maximum extent that the laws permits, PULSE ON eSHOP reserves its right to amend or vary the purchase price, any other charges, product descriptions, availability of the products and other Terms and Conditions at any time and from time to time provided that such amendment or variation shall not affect those orders that have been accepted by us via email confirmation.
VIII. Suspension and Termination of our Services
1. PULSE ON eSHOP strives to ensure that this Website remains to be accessible all the times. However, we cannot guarantee that your access to this Website may not be blocked caused by technical constraints and stability in the internet world. PULSE ON eSHOP shall try to give you our prior notice on any suspension, termination or variation of all or part of our services rendered herein caused by (without limitation) any of the following circumstances :
(a) routine system upgrade, urgent maintenance or system breakdown;
(b) fire incident, suspension of electricity supply, or unavailability to provide the services;
(c) demand, notice or order by court, governmental or regulatory department; or
(d) other circumstance that we deem it necessary.
2. PULSE ON eSHOP shall not hold any responsibility for any suspension or termination of services caused by any of the above circumstances.
IX.Intellectual Property Rights
1. PULSE ON eSHOP has the utmost respect for the intellectual property rights and our affords (whether by our team or our business partners) on the operation and brand management at this Website should also be respected too. Each and every component at this Website (like brands, pricing, images, texts, photos, videos etc) are protected by intellectual property rights. PULSE ON eSHOP or its respective licensors own and hold all the copyrights, trademark, and other intellectual property rights on the materials, images, descriptions, computer code and any other submissions contained herein. The contents of this Website are intended solely for personal, non-commercial use and are displayed solely for the purposes of promoting and marketing our business, products and services hereof.
2. Without our authorization, no one could :
(a) for whatever purpose (including but not limited to commercial purpose), use, reproduce, publish, distribute, display in any way, in whole or in part, contents of this Website in whatever channels or media;
(b) amend, transmit, re-divert, sell or otherwise exploit any contents as shown at this Website which may infringe our intellectual property rights; and
(c) amend, transmit, re-divert, sell, or otherwise exploit any product images, descriptions, texts, names, photos, videos etc as shown at this Website which may infringe our intellectual property rights.
3. All data, ideas, concepts, submissions and other information collected or derived from the information made available to us through this Website shall deem to be and remain our property and we shall have free use of it without any confidentiality or other restriction, except as otherwise stipulated by the laws of the Hong Kong SAR.
X. Links to Other Websites
1. We may have placed links on this Website to other websites we think you may be interested. We do not vet these websites and do not have any control over their contents. Such linkage is for your better convenience in browsing the contents. It is your own choice and responsibility in visiting the third party’s websites and we will not accept any liability in respect of the use of these websites.
2. No linking to this Website is allowed without our prior written permission.
XI.Disclaimer of Liability
1. Whilst PULSE ON eSHOP tries to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and PULSE ON eSHOP is not able to guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery or upon collection. The weights, dimensions and capacities shown on the Website are approximate only. We will not be liable for any loss or damages (without limitation, we will decline any refund request) caused by or arising from any customer’s expectation on the information obtained from or through this Website. It is your responsibility to evaluate the information and other content materials available through this Website, and the Website and its corresponding content materials are subject to change at any time without prior or subsequent notice. The revision will take effect when they are posted.
2. The delivery obligation of PULSE ON eSHOP is deemed to be fully discharged when the ordered products are delivered to the designated address of customers or are collected by customers in person at our designated store(s). Customers shall be solely liable for any delay in delivery/ collection or non-delivery if the information provided is not accurate.
3. PULSE ON eSHOP may determine if the customers have acted properly in compliance with the Terms and Conditions set out in this Website. If we have reasonable grounds to believe that customers may have violated any of these, we may withhold, restrict, suspend, cancel or terminate your membership account, and / or suspend or terminate our provision of services to you, without any liability on our part.
4. Customers shall fully indemnify and keep other customers and any third party fully indemnified against any loss and damage caused arising from such customer’s use in connection with this Website, and PULSE ON eSHOP disclaims any liability relating thereto.
5. PULSE ON eSHOP makes no representation or guarantee of any kind, express or implied, including but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose, or non-infringement or freedom from any actual, direct, indirect, punitive, incidental, exemplary or consequential loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusions whatsoever, and PULSE ON eSHOP disclaims any liability relating thereto.
6. If, for whatever reason, customers are not able to accept our services rendered herein, PULSE ON eSHOP shall not be hold any responsibility to such customers or any third party.
7. Customers must follow our advice given to keep the products that we supply safe (including any instructions or product manuals provided with the products). PULSE ON eSHOP will not accept any liability for damage to products which is caused by customer’s failure to follow our advice.
8. Under all circumstances, PULSE ON eSHOP will not be liable for any losses related to any business of customers including but not limited to lost data, lost profits, lost revenues and / or business interruption.
9. PULSE ON eSHOP shall not be liable for any delay or failure to deliver the products, or any delay or failure in case of customers’ collection of the products, if such is wholly or partly caused by circumstances beyond our control. If such happens, we will make every effort to notify you.
PULSE ON eSHOP may assign, transfer or sub-contract any of our rights or obligations under the Terms and Conditions to any third party at our discretion but such should not affect your statutory rights and interests.
If any provision of the Terms and Conditions shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
No relaxation or delay by PULSE ON eSHOP in exercising any right or remedy under the Terms and Conditions shall operate as waiver of our right or remedy or shall affect our ability to subsequently exercise such right or remedy. Any waiver must be issued by PULSE ON eSHOP in writing.
XV.Rights of Third Parties
Only PULSE ON eSHOP and customers shall be entitled to enforce the Terms and Conditions. Both PULSE ON eSHOP and customers to the Agreement do not intend that any term of the Agreement should be enforceable, by virtue of the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the laws of Hong Kong SAR) or otherwise, by any person who is not a party to the Agreement.
To the extent permitted by law, PULSE ON eSHOP reserves the final interpretation right to the Terms and Conditions.
All the Terms and Conditions shall be construed in accordance with the laws of Hong Kong SAR. By accessing this Website and/or using the online services, you agree that such access and/or use, as well as the Terms and Conditions in this Website shall be governed by, and construed in accordance with, the laws of the Hong Kong SAR and you agree to submit to the non-exclusive jurisdiction of the courts of the Hong Kong SAR.
In case of inconsistency between this English version and the Chinese version (if any), this English version shall prevail.
Effective on : 3rd May 2018
1. What this Statement Covers
This Statement covers our treatment of Personal Data that we collect when you are our member, when you subscribe with us or when you request us for our services. This Statement sets out how we use your Personal Data; what Personal Data we collect; how we ensure to protect your privacy; and your legal rights on your Personal Data.
2. Collection of Personal Data
2.1)For the purpose of carrying on PULSE ON’s business, you may be requested to provide your Personal Data when you subscribe as our subscriber, when you visit our websites (including but not limited to hk.PULSE ON eSHOP.com and hk.chocolate.com (collectively “PULSE ON eSHOP Websites”)), when you conduct a purchase transaction with us, when you join our VIP, membership, reward or loyalty program (“Membership”), when you conduct gift redemption / cash or discount voucher request, when you submit any comments or feedbacks to us and/or when you are required to verify your identity with us.
2.2)The Personal Data that you may be requested to provide with us includes but not limited to, inter alia, your name, contact phone no., email address, correspondence address, gender, date and month of birth, age group, payment details, purchase and order details, , delivery details, occupation, education and profession, and/or personal interests.
2.3)All Personal Data will be collected on a voluntary, open and fair basis. Certain Personal Data are required for specific services and if you fail to supply your Personal Data as requested from each specific service, we may not be able to provide you with our products or services. By providing your Personal Data to us, you acknowledge that such provision is fair and reasonable in the circumstances.
3. Purpose for Collection of Personal Data
PULSE ON will collect your Personal Data for the following purposes :
3.1)for the provision of products, services and/or facilities by the group of PULSE ON (“PULSE ON Group”) / its service providers (who are engaged by us to assist with providing you our services) to you. Such products and services shall be limited to fashion, footwear, bags, eyewear, accessories, watches, jewellery, stationery, lifestyle items, trendy items, cosmetics, personal care items, beauty items, high-technology devices, food and beverages;
3.2)for carrying out your instructions or responding to your enquiry;
3.3)for direct marketing purpose, including designing further products and services for you and marketing products or services in which PULSE ON Group shall be involved but within the scope as mentioned in clause 3.1 above;
3.4)for payment purposes for products, services and/or facilities by PULSE ON Group, including verification of your payment details with third parties (like banks, financial institutions, and other payment platforms);
3.5)for use of the online services available at PULSE ON eSHOP Websites, or any of the websites of PULSE ON Group and/or through other telecommunication channels;
3.6)for identification and verification purposes in connection with any of the products, services and/or facilities by PULSE ON Group that may be rendered to you;
3.7)for managing customer relationship, including without limitation, any Membership programs run by PULSE ON Group;
3.8)for investigation of complaints, suspected suspicious transactions, and research for service improvement;
3.9)for forming part of customer data base necessary for the operation by PULSE ON Group; and/or
3.10)for observing any legal, governmental or regulatory requirements of the Hong Kong Special Administrative Region (“Hong Kong”) or other relevant jurisdiction including any disclosure or notification requirements to which PULSE ON or other class of data recipient, are subject.
PULSE ON will take all practicable steps to ensure that the Personal Data so collected are accurate. However, your efforts to provide accurate Personal Data upon subscription of PULSE ON Group’s services and thereafter to update PULSE ON of any change of your Personal Data are always welcome.
5. Personal Data Sharing and Disclosure
5.1 Unless PULSE ON hears from you to the contrary upon subscription or receives subsequent notice from you, PULSE ON may, where such disclosure is necessary to satisfy the purpose for which the Personal Data was collected, provide such Personal Data to the following parties :
5.1.1) employees and officers of PULSE ON Group;
5.1.2) the brands traded, operated or owned by PULSE ON Group but within the range of products and services as mentioned in clause 3.1 above;
5.1.3) contractors / service providers of PULSE ON Group (who are engaged by us to assist with providing you our services);
5.1.4) other business associates, like operators of our Membership programs, or operators in providing customer care service or fulfilling customer requests;
5.1.5) banks, financial institutions, credit reference agencies, credit, debit or charge card companies, and/or other payment platforms; and/or
5.1.6) the court or regulatory body with subpoenas, court orders or for the purpose of legal process.
5.2)The Personal Data you provide to us may also be sourced from or transferred to other jurisdictions outside Hong Kong for any of the aforesaid purposes.
6. Access and Correction
6.1)You have the right to know :
6.1.2)whether PULSE ON holds any of your Personal Data; and
6.1.3)the kind of Personal Data being held by PULSE ON.
6.2)You have full control and ability to correct or edit your Personal Data at any time, including whether you want us to contact you about direct marketing purpose, promotional offers and new products and services, and/or deletion of your subscriber or Membership account.
6.3)You may request your right of access or right of correction by logging in at https://member-hk.PULSE ON eSHOP.com. Alternatively, you can write to us via e-mail to firstname.lastname@example.org or via mail at 1604 Eastern Centre, 1065 King’s Road, Hong Kong(attention to Customer Relations Department) or via fax to (852)2591-9308 PULSE ON will, upon satisfying itself of the authenticity and validity of the access or correction request, make every endeavor to comply with and respond to the request within the period set by the statutory requirement.
6.4)Pursuant to the Ordinance, PULSE ON is entitled to charge a reasonable fee for our processing of any data access request.
Data security is our top priority. We strive to ensure that your Personal Data will be protected against unauthorized or accidental access, processing or erasure. We maintain this commitment to data security by implementing appropriate physical, electronic and managerial measures to safeguard and secure your Personal Data. Encryption technology, such as SSL, may be employed for the transmission of Personal Data collected online. Also, our web servers are protected by data security measures and our systems are monitored to prevent any unauthorized access. However, you are also invited to protect against unauthorised access to your Membership or log-in account, password, payment and credit card details, and delivery details.
8. Retention of Personal Data
Your Personal Data will only be retained for as long as is necessary to fulfill the original purpose for which it was collected, unless contrary to any applicable statutory requirement.
9. Amendment to this Statement
9.1) We may amend this Statement from time to time. If we make any substantial amendments in the way we use your Personal Data, we will notify you by posting a prominent announcement on the PULSE ON eSHOP Websites. You agree that such posting will constitute sufficient and adequate notice to you of the amendments.
9.2) You agree that your continued use of our products or services after such amendment will constitute your acceptance of and agreement to be bound by the modified Statement.
10. Direct Marketing
PULSE ON may contact you from time to time with a view to providing the latest information on our products and services / Membership program. If you do not wish to receive these updates, please write to us via e-mail to email@example.com or via mail at 1604 Eastern Centre, 1065 King’s Road, Hong Kong (attention to Customer Relations Department) or via fax to (852) 2237 6674. In accordance with the statutory requirements, PULSE ON will honour your request not to use your Personal Data for the purposes of direct marketing. Unless otherwise instructed as per the above, PULSE ON may use any of your Personal Data collected in the normal course of our business for direct marketing purposes.
11. Links to third parties’ websites
12. Contact Us
If you have any questions regarding this Statement, please email us at firstname.lastname@example.org.
13.1) By signing in the Membership form, or logging in as our subscriber, or registering as our member, or continuing your browsing of PULSE ON eSHOP Websites, you agree to comply with the Statement set out above.
13.2)In case of discrepancies between the English and Chinese versions, the English version shall apply and prevail.
13.3)This Statement shall be governed by and construed in accordance with the laws of Hong Kong. Where PULSE ON's operations are subject to privacy legislation other than that of Hong Kong, then this Statement shall be applied so far as practicable and consistent with such local legislation.
Effective on : July 2018
Our Cookies Policy
I. What is a Cookie?
A Cookie is an item of information that is automatically saved by browsers to the hard disk drive of a computer. Every time when you visit our Website, your web browser will send these Cookies to us, so that we can provide you with a more personalised user experience, thereby better matching your interests or your preference settings, or giving you more convenience when subscribing our services. If you do not want your system to retain a Cookie, you may set to disable it in your browser.
II. What information do we collect? How do we use this information?
2.These Cookies have the following purposes:
(a) operate and record the products that you put into your “shopping cart” each time you use our Website;
(b) allow you to access our Website safely, without the need to keep logging in to the service;
(c) record your previous operations when you are directed back to a page during the same session period;
(d) analyse and improve the functions and design of our Website, advertisements and emails;
(e) calculate the number of response to our advertisements, in order to improve their effectiveness;
(f) measure and calculate the errors in our Website, in order to reduce the number of complaints about our services and management;
(g) record the preference settings that you chose during your previous visits to our Website, such as the country/region, language, your interests and our Website’s outlook;
(h) record our answers to your questions at our Website;
(i) check if a specific service has been provided to you;
(j) provide the relevant information so that an optional service can be used normally;
(k) PULSE ON eSHOP may post advertisements on the Website according to your browsing history on our products and services;
(l) PULSE ON eSHOP may customise the emails and other direct marketing mail that is sent to you;
(m) our advertising partners may post advertisements on other websites in their own advertising
network according to your browsing history on our products and services; and
(n) we can restrict the number of advertisements displayed to you, and can meanwhile evaluate the effectiveness of our advertising and promotional activities.
3.These Cookies can be saved and accessed by PULSE ON’s group and/or our business partners.
If you prohibit or delete the Cookies, we may not be able to restore any of the preference settings or custom settings that you have previously specified, and which may restrict us from providing you with the personalized online experience.
IV. Storage of Personal Information
Unless otherwise contrary to the relevant statutory or regulatory requirement, the information collected from Cookies will be stored up till the time when the original purposes of such collection are fulfilled.
V. Safe Shopping
1. We treasure so much on your personal information, privacy and shopping experience. Therefore, safety retention of your information is our primary task. We strive to ensure that your personal information will not be used, stolen or deleted without your permission. We have a set of electronic and systematic safety measures in place that conform to the regulations for personal information protection. When the collected personal information is transmitted via online, we may use coding technology such as SSL for the transmission. Sensitive personal information that is included in online orders is protected by 128-bit Secure Sockets Layer (SSL) encryption. This is a technology that is used by sellers to ensure the security of online transactions. The technology provides safety and protection for transactions by the use of other basic functions such as mutual authentication, data encryption and data integrity.
2.Despite our efforts to protect your personal information, you should acknowledge that :
(a) there are limitations to the safety and privacy of the Internet which are out of our control;
(b) the security, completeness and privacy of information and data exchanges through the Internet cannot be protected completely;
(c) information and data may be viewed or falsified by a third party during its transmission; and
(d) you shall bear the risk when you transmit any information to us; and in no event shall PULSE ON eSHOP be liable to you or any third party for any loss and damage.
VI. Changes to our Policy
We may amend this Policy from time to time. In case of any amendment, we shall post the amended and updated version at this Website as notification and you are invited to revisit this Website regularly to keep informed of the latest Terms and Conditions. You acknowledge that such a notification is deemed to be a sufficient notice. If you continue to use the products or the services of this Website after such amendments, you shall be deemed to agree and be bound by such amendments.