TERMS AND CONDITIONS

EGGSHELL THERAPY LTD TERMS AND CONDITIONS

Definitions and Interpretation


1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Calendar Day”

means any day of the year;

“Contract”

means the contract for the provision of Services, as explained in Clause 3;

“Deposit”

means an advance payment made to Us under sub-Clause 5.5;

“Month”

means a calendar month;

“Price”

means the price payable for the Services;

“Services”

means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);

“Special Price”

means a special offer price payable for Services which We may offer from time to time;

“Order”

means your order for the Services;

“Order Confirmation”

means Our acceptance and confirmation of your Order as described in Clause 3;

“We/Us/Our”

Means Eggshell Transformations, a limited company registered in Hong Kong under number 70959663-000-07-19-3 , whose registered address is at Room 606, 6/F Hollywood Centre 77-91 Queens Road West Sheung Wan Hong Kong.

2. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

2. Information About Us

Eggshell Transformations, a limited company registered in Hong Kong under number 70959663-000-07-19-3, whose registered address is at Room 606, 6/F Hollywood Centre 77-91 Queens Road West Sheung Wan Hong Kong

 

3. The Contract

    1. These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you.  Before submitting an Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
    2. Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitute a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at our discretion, accept.
    3. A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation.  Order Confirmations will be provided through an email.
    4. We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
      1. The main characteristics of the Services;
      2. Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);
      3. The total Price for the Services including taxes (if any) or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
      4. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services.

4. Orders

    1. All Orders for Services made by you will be subject to these Terms and Conditions.
    2. You may change your Order by contacting Us at any time up to the 24-hour period before We begin providing the Services.  If you have already made any payments to Us under Clause 5, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation.  If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 10.
    3. We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel, or due to the occurrence of an event outside Our reasonable control.  If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 5, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation.  Cancellations will be confirmed in writing.

5. Price and Payment

    1. The Price of the Services will be that shown on Our website  www.eggshelltherapy.com at the time of your Order.  If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
    2. Our Prices may change at any time but these changes will not affect Orders that We have already accepted.
    3. Before We begin providing the Services, you will be required to pay a Deposit of 100% of the total Price for the Services. Your Deposit must be received by Us at least 24 hours prior to providing Our Services to you.
    4. We accept the following methods of payment:

 Payment link vis Stripe, or Paypal

6. Providing the Services

    1. As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in Our sector and in accordance with any information provided by Us about the Services and about Us.
    2. We will begin providing the Services on the date confirmed in Our Order Confirmation.
    3. We will make every reasonable effort to complete the Services on time (and in accordance with your Order).  We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 9 for events outside of Our control.
    4. If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.
    5. If the information or action required of you under sub-Clause 6.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
    6. In certain circumstances, for example, where there is a delay in you sending Us information or taking action required under sub-Clause 6.4, We may suspend the Services.
    7. In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue.  Unless the issue is an emergency and requires immediate attention, We will inform you in advance in writing before suspending the Services.
    8. If the Services are suspended under sub-Clauses 6.6 or 6.7, you will not be required to pay for them during the period of suspension.  You must, however, pay any invoices that you have already received from Us by their due date(s).
    9. If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due.  If this happens, We will inform you in writing.

7. Problems with the Services and Your Legal Rights

    1. We always use reasonable efforts to ensure that Our provision of the Services is trouble-free.  If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible.
    2. We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical in the unlikely case scenario that Our Services were not provided with reasonable skill and care and in accordance with Clause 6.
    3. We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault.  If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.6 will apply and We may charge you for remedial work.

8. Our Liability

    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors).  Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. Subject to Clause 8.3, Our total liability to you in relation to each Order shall not exceed the Price that you paid to Us for any such Order.
    2. We provide Services for domestic and private use (or purposes).  We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind.  By making your Order, you agree that you will not use the Services for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    3. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

9. Events Outside of Our Control (Force Majeure)

    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      1. We will inform you as soon as is reasonably possible;
      2. Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
      3. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
      4. If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 10.3.3.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;
      5. If the event outside of Our control continues for more than 12 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.6.3 and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

10. Cancellation

    1. If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.2.
    2. Once We have begun providing the Services, you are free to cancel the Services up to the period of 24 hours before We start providing the Services by giving Us written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation.  If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
    3. If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.  If you cancel because of Our breach under sub-Clause 10.3.1, you will not be required to make any payments to Us.  You will not be required to give 24 hours notice in these circumstances:
      1. We have breached the Contract in any material way and have failed to remedy that breach within 2 weeks of you asking Us to do so in writing; or
      2. We enter into liquidation or have an administrator or receiver appointed over Our assets; or
      3. We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 9.2.4); or
      4. We change these Terms and Conditions to your material disadvantage.
    4. We may cancel your Order for the Services before the Services begin under sub-Clause 4.3.
    5. Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you 24 hours written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
    6. If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.  If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.  We will not be required to give 24 hours notice in these circumstances:
      1. You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums); or
      2. You have breached the Contract in any material way and have failed to remedy that breach within 2 weeks of Us asking you to do so in writing; or
      3. We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 9.2.5).
    7. For the purposes of this Clause 10 (and in particular, sub-Clauses 10.3.1 and 10.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 10.3.1 and Us under sub-Clause 10.6.2).  In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

11. Communication and Contact Details

If you wish to contact Us, you may do so by email at imi@eggshelltherapy.com

12. Complaints and Feedback

    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    2. If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us at imi@eggshelltherapy.com

13. How We Use Your Personal Information (Data Protection)

    1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of Personal Data (Privacy) Ordinance (“PDPO”) and your rights under the PDPO.
    2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy available from www.eggshelltherapy.com/privacy.

14. Other Important Terms

    1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
    3. The Contract is between you and Us. Nothing in this Contract confers or purports to confer on any third party any benefit or any right to enforce any term of this Contract pursuant to the Contract (Rights of Third Parties) Ordinance (Cap.623).
    4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.
    5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

15. Governing Law and Jurisdiction

15.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of Hong Kong Special Administrative Region (“HKSAR”).

Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of HKSAR.

 

These Terms and Conditions are the standard terms for the provision of services by Eggshell Transformations, a limited company registered in Hong Kong under the certificate number 70959663-000-07-19-3, whose registered address is at Room 606, 6/F Hollywood Centre 77-91 Queens Road West Sheung Wan Hong Kong