1 GENERAL

1.1. hibobi

Welcome to the website or App of hibobi. This Terms of Use is a agreement between you and HIBOBI TECHNOLOGY LIMITED (the “Agreement”), having its registered address at UNIT 1101 B, 11F., LIPPO SUN PLAZA, 28 CANTON ROAD, TSIM SHA TSUI, KL, Hong Kong (hereinafter“hibobi,” “we”, “us” or “our”), governing your use of our website at hibobi.com and App (the “Site”).  In addition, when you use any hibobi’s services (e.g., customer reviews, and collectively the “Services”), you will be subject to the Terms of Use, rules, guidelines, policies, terms, and conditions, including but not limited to the Privacy Policy to this Site, and they are incorporated into this Agreement by this reference. By accessing or using the Site in any manner, including but not limited to, visiting or browsing this hibobi.com, downloading App, registering an account, or contributing content or other materials to the Site, you expressly understand, acknowledge and agree to be bound by the Terms of Use. You are only authorized to use the Services of the Site if you agree to abide by all applicable laws and to these Terms.

PLEASE PAY MORE ATTENTION TO ARTICLES THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS.

Our business changes constantly, and our Term of Use will change also. Thus, hibobi reserves the right to change the terms and conditions of this Site at any time. You should check our Site frequently to see recent changes. If we modify material terms to this Agreement, such modification will be effective after we send you a notice of the new agreement. Such notice will be at our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site, or any other reasonable manners. Your failure to cease use of the Services after receiving the notification of modification will constitute your acceptance of the modified terms.

1.2. PRIVACY POLICY

You may read our Privacy Policy at any time for more information about how hibobi collects, uses, stores, and protects your information when you use the Services. It is necessary to acquire an email address, address, and/or other contacts from you to render you the Services. Our Privacy Policy  is hereby set forth herein.

We reserve the right to modify the Terms of Use, including the Privacy Policy, at any time, at our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you a notice of the new agreement. Such notice will be at our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or Apps, please contact us through manners.

2 USE OF OUR SERVICES

You represent and warrant that you are able to form legally binding contracts (for example you are at least 18 years old or using our Services under the supervision of a parent or guardian.). Also, you promise not to use a false Email Address for Registry Account, or pretend to be someone other than yourself, or otherwise put hibobi in a misleading position. Subject to the terms and conditions of this Agreement, hibobi hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use this Site by displaying it on your internet browser only for the purpose of shopping for personal use sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by hibobi in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by hibobi in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by hibobi in advance. hibobi reserves the right to refuse Services, terminate accounts, and/or cancel orders at its discretion, including without limitation, if hibobi holds that customers’ conduct violates applicable law, the terms of this agreement or is harmful to hibobi’s interests.

You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under laws in all jurisdictions where Services of hibobi is available; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful or intrusive code or properties. HIBOBI MAY ASSIGN YOU A PASSWORD AND ACCOUNT IDENTIFICATION TO ENABLE YOU TO ACCESS AND USE CERTAIN PORTIONS OF THIS SITE. EACH TIME YOU USE A PASSWORD OR IDENTIFICATION, YOU WILL BE DEEMED TO BE AUTHORIZED TO ACCESS AND USE THE SITE IN A MANNER CONSISTENT WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND HIBOBI HAS NO OBLIGATION TO INVESTIGATE THE AUTHORIZATION OR SOURCE OF ANY SUCH ACCESS OR USE OF THE SITE.

Without hibobi's express prior written consent, the use of data mining, robots, or similar data gathering and extraction tools on hibobi as well as the use of hibobi trademarks or service marks in meta-tags is strictly prohibited. You may view and use the content only for your personal information and for shopping and ordering on the Site and for no other purposes.

You will be solely responsible for all access to and use of this Site by anyone using the password and identification originally assigned to you whether or not such access to and use of this Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify hibobi of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

3 TRADE RULES

3.1. PRICE AND PURCHASE

At payment page, you may see the main price, VAT (Value Added Tax), insurance (if applicable) and other taxes and fees (where applicable) at the applicable rate according to the local rules and regulations of the countries or regions where the items shipped to. However, in some cases, the VAT, other taxes, customs duties and/or fees levied by your destination country shall be assumed by the recipients.

Please be noted that if you receive any SMS, MMS or emails that remind you paying additional fees to be charged, in particular custom clearance fees. 

3.2. PRICING IN DIFFERENT CURRENCIES

Hibobi provides you appropriate currency applicable at your jurisdiction for shopping.

3.3.  TYPOGRAPHICAL ERRORS

Each item offered for sale on our Site has an item description. You shall be responsible for confirming the information and content related to the item you wish to purchase through the information and/ or link provided before you submit any order. It is presumed that you have full knowledge and understanding of the details of the items you are purchasing upon submission of your order, as we shall not be liable for any after-sales issues resulting from misinterpretations of the related information and content on the Site.

While hibobi strives to provide accurate product and pricing information, pricing or typographical errors may occur. Hibobi cannot confirm the price of an item until after you order. IN THE EVENT THAT AN ITEM IS LISTED AT AN INCORRECT PRICE OR WITH INCORRECT INFORMATION DUE TO AN ERROR IN PRICING OR PRODUCT INFORMATION, HIBOBI SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THAT ITEM. IN THE EVENT THAT AN ITEM IS MIS-PRICED, HIBOBI MAY, EITHER CONTACT YOU FOR INSTRUCTIONS OR CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION.

3.4.  ORDER ACCEPTANCE

This is offer and acceptance exemplified at hibobi. Once you have selected all articles that you wish to buy, they will be added to your bag. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You and hibobi are both legally binding since The order come into force at the time of consummating the purchase. Please note that there may be certain orders that hibobi are unable to accept and must cancel, likewise 3.3. Typographical Errors. HIBOBI RESERVES THE RIGHT, AT SOLE DISCRETION, TO REFUSE OR CANCEL ANY ORDER FOR ANY REASON. SOME SITUATIONS THAT MAY RESULT IN YOUR ORDER BEING CANCELED INCLUDE LIMITATIONS ON STOCKING AVAILABLE FOR PURCHASE, INACCURACIES OR ERRORS IN PRODUCT OR PRICING INFORMATION, OR PROBLEMS IDENTIFIED BY OUR CREDIT AND FRAUD AVOIDANCE DEPARTMENT. We may also require additional verification or information before accepting any order. Hibobi will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

3.5. PAYMENTS

Also, if you are a registered user, a record of all the orders placed by you is available in the “Shopping bag” area. You may use, as a payment method, all the available payment channels implemented in the payment page. You can refer to detailed instruction of Payment Method before you consummate your payment.

To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. For instance, when you click “Pay Now” , you are confirming that the credit card is yours. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any transaction or contract with you.

3.6. SHIPPING & DELIVERY

Hibobi ships from different warehouses in different countries and we will entrust other logistics to carry the goods. For orders with more than one item, we may split your order into several packages according to stock capacity at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. If you have any questions regarding shipping and delivery, please refer to Delivery for more information on Order Account, Costs, and Shipping Time in your territory.

3.7. RETURN OF PRODUCTS

product can be returned in designated period. The exact return period and return policy differ from country to country. You should refer to Return Policy before you initiate your return process. You should click Support and provide the issue, indicating your order number, the reasons and the item(s)you would like to return, and the picture of such product if any for your final resolution.

3.8. REVIEWS AND COMMENTS

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide hibobi, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, pictures and suggestions (collectively, the “Submissions”) is and will be treated as non-confidential and nonproprietary, and BY SUBMITTING OR POSTING, YOU AGREE TO IRREVOCABLY LICENSE THE ENTRY AND ALL IP RIGHTS RELATED THERETO (EXCLUDING THE MORAL RIGHTS SUCH AS AUTHORSHIP RIGHT) TO HIBOBI WITHOUT CHARGE AND HIBOBI SHALL HAVE THE ROYALTY-FREE, WORLDWIDE, PERPETUAL, IRREVOCABLE, AND TRANSFERABLE RIGHT TO USE, COPY, DISTRIBUTE, DISPLAY, PUBLISH, PERFORM, SELL, LEASE, TRANSMIT, ADAPT, CREATE DERIVATIVE WORKS FROM SUCH SUBMISSIONS BY ANY MEANS AND IN ANY FORM, AND TO TRANSLATE, MODIFY, REVERSE-ENGINEER, DISASSEMBLE, OR DECOMPILE SUCH SUBMISSIONS. ALL SUBMISSIONS SHALL AUTOMATICALLY BECOME THE SOLE AND EXCLUSIVE PROPERTY OF HIBOBI AND SHALL NOT BE RETURNED TO YOU.

You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. Hibobi assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify hibobi against any losses caused due to  your misbehavior regarding the commentaries and remarks for any purposes.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant hibobi the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this Site and that use of your reviews, comments, or other content by hibobi will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead hibobi or third parties to obtain unjust enrichment. Hibobi may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

4 INTELLECTUAL PROPERTY

All information and content related to items on the Site of hibobi including but not limited to price, details, dimensions, weight, descriptions, and specifications of the items are translated by us. For the reason of the technical limitations, hibobi cannot make a full warrant that the said information is accurate, complete, reliable, current, or error-free.

The collection, arrangement, and assembly of all content on this Site belong exclusively to hibobi. You may not use hibobi's content or compilation in any manner that disparages or discredits hibobi or in any way that is likely to cause confusion or violation of any applicable laws or regulations. The software used or applied on this Site is the property of hibobi. The content, the compilation and the software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by hibobi. Any Site content can only be reproduced or distributed with express permission from hibobi. Violators will be prosecuted to the full extent of the law.

It is the policy of hibobi to take appropriate action where necessary to uphold and recognize all relevant State, Federal laws, international laws in connection with material that is claimed to be infringing any trademark, copyright, design, patent and all or any other Intellectual Property laws.

5 LINKS

Our Site and Apps may contain links to other Site on the Internet that are not owned and operated by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party websites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site by anyone other than us. We strongly advise you read all third-party terms and conditions and privacy policies.

6 TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, hibobi may, prior to 2-day notice to you before terminate the Agreement or revoke any or all of your rights, benefits or any other interests granted under this Agreement at the time of breach of this Agreement. At the request of deleting account or revoking consent on essential Services provided, hibobi may terminate this Agreement as well as revoke any rights, benefits or any other interests thereof without prior notice. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and hibobi shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

7 DISCLAIMER AND LIMITATION OF LIABILITY

Except as otherwise provided in the standard terms of sale that govern the same of each product on this Site, THE PRODUCTS OFFERED FOR SALE THEREON AND THE TRANSACTIONS CONDUCTED THERETHROUGH ARE ON AN “AS IS” BASIS. HIBOBI MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HIBOBI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. this Site may include inaccuracies, mistakes or typographical errors. Hibobi does not warrant that the content will be uninterrupted or error free. To the maximum extent permitted by law, hibobi will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to, indirect incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, hibobi’s total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you through hibobi during the month immediately preceding the act allegedly giving rise to hibobi’s liability.

8 FORCE MAJEURE

Hibobi shall not be liable to you or be deemed to be in breach of Agreement by reason of any delay in performing, or any failure to perform, any of the obligations in relation to the items, Services and/or Site if the delay or failure was caused by any factor beyond our reasonable control, including but not limited to: fire, act of God, storm, explosion, earthquake, flood, tempest, accident, pandemic or other natural disaster; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock outs, blockdown or other industrial actions or trade disputes; difficulties in obtaining raw materials, labour, fuel, parts or machinery faced by us or suppliers; or telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned

9 APLLICABLE LAWS

This Agreement shall be governed by and construed under the laws of Hong Kong without regard to conflict of law provisions.

10 DISPUTE RESOLUTION

ANY DISPUTE, CONTROVERSY, DIFFERENCE OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, INCLUDING THE EXISTENCE, VALIDITY, INTERPRETATION, PERFORMANCE, BREACH OR TERMINATION THEREOF OR ANY DISPUTE REGARDING NON- CONTRACTUAL OBLIGATIONS ARISING OUT OF OR RELATING TO IT SHALL BE REFERRED TO AND FINALLY RESOLVED BY ARBITRATION ADMINISTERED BY THE HONG KONG INTERNATIONAL ARBITRATION CENTRE (HKIAC) UNDER THE HKIAC ADMINISTERED ARBITRATION RULES IN FORCE WHEN THE NOTICE OF ARBITRATION IS SUBMITTED.

11 REMEDIES

You agree to provide that hibobi's remedy at law for any actual or threatened breach of this Agreement would be inadequate, hibobi shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that hibobi may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including without limitation to operating losses, attorneys' fees.

 No right or remedy of hibobi shall be exclusive of any other, whether at law or in equity, including without limitation, damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by hibobi of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waivers.

12 CUSTOMER SERVICE

For questions of pricing, orders, shipping, after-sales support, or any other questions, please log into Support and submit a support request about the order you need help with.

Our Customer Service is readily to help you at our best efforts. If you have any problem or questions, please contact us via [email protected], or you can contact WhatsApp:+8618957149026 for immediate help.