This website is owned and operated by Quarkie™ Limited. These Terms and Conditions govern your use of the website. By visiting or shopping at the website, you agree to be bound by these Terms and Conditions, as well as the other policies posted on the website.
By showing the products on the website, Quarkie Limited is making an offer only to those who are legally capable of accepting, and do accept, such offer in Hong Kong ("the Offer") to sell those products on the Terms and Conditions set out below. If you place an order for product(s) shown on the website, your order will be deemed an acceptance in Hong Kong of the Offer pursuant to these Terms and Conditions.
In these Terms and Conditions, we refer to Quarkie Limited as "Quarkie" and theQuarkie website as the "Site". Any reference to “product” should apply to “products” if appropriate.
Our address is:
Golden Star Building
20 Lockhart Road
Use of the Site
Termination of Access
You agree that, Quarkie in its sole discretion and without prior notice to you, may terminate or suspend your access to all or any part of the Site and your "My Account" without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assisting others' attempts to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms and Conditions or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT QUARKIE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.
Intellectual Property Rights and User Content
All content included on the Site, including text, graphics, logos, user interfaces, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Quarkie or its suppliers, licensors or content suppliers and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all content on the Site are the exclusive property of Quarkie and are protected by applicable copyright laws. All software used on the Site is the property of Quarkie or its software suppliers and is protected by applicable copyright laws.
Visitor Material and Conduct
You are prohibited from posting or transmitting to or from this Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Site (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above clauses.
Payment for Products Purchased Through the Site
Methods of Payment
The only payment method Quarkie can accept is via PayPal. You agree to pay all fees incurred in connection with your purchase(s) (including any applicable duties and taxes) at the rates in effect when the charges were incurred. YOU, AND NOT QUARKIE, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY.
Unless you notify Quarkie of any discrepancies within thirty (30) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If Quarkie does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Quarkie or its agents.
Unless expressly set forth on the Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, Terms and Conditions associated with such additional form of payment.
By purchasing a product through the Site, customers authorise Quarkie to make arrangements for clearance of customs on their behalf for the products they have ordered. You may be charged duty and tax depending on the country the product is delivered to. Please note that you are the importer of the order, and it is your responsibility to check with your local Customs regarding matters of import restrictions/prohibited goods.
Product Descriptions and Prices
Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. Quarkie does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete. IF A USER PURCHASES A PRODUCT FROM QUARKIE THAT IS NOT AS DESCRIBED ON THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR A CREDIT FROM QUARKIE IN THE AMOUNT OF THE PURCHASE PRICE.
We have made every effort to display the colours of products on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor we cannot guarantee that your monitor's display of any colour will be accurate.
We cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a shopping cartand the time the purchase is actually made. Also, despite our best efforts, it is possible that the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Quarkie, Quarkie may either (a) contact you for instructions before shipping or charging you for such product, or (b) cancel the order for such product and notify you of such cancellation.
Quarkie will have the right to cancel, rebate or refund any orders for products that have been listed at an incorrect price, contain other incorrect information or typographical errors, or are unavailable for any reason. Quarkie will have this right regardless of whether the order has been confirmed or your PayPal has been charged. If your PayPal account has been charged for the purchase and your order is cancelled, Quarkie will make a refund to your PayPal account in the amount of the charge.
Order Processing, Shipment, Returns, Warranties
Quarkie is located in Hong Kong. By displaying products on the Quarkie.com website, Quarkie is making an offer to sell such products only to those who are legally capable of accepting, and do accept, such offer in Hong Kong. If you place an order for products shown on the Site, your order will be deemed an acceptance in Hong Kong of our offer. We willconfirm our receipt of your acceptance by sending a confirmation to the e-mail address that you provide.
Passage of Title
Title to products, and risk of loss of such products, passes to you upon delivery to the common carrier selected by us to deliver your order. You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of our agreement to sell products to you.
In order that you may purchase with confidence, Quarkie offers a 30 day return policy for refund, with a nominal deduction of $16US to cover administration costs. The 30 day period starts from the date of receipt of the product.
Please note that for hygiene reasons, IN-EAR HEADPHONES may not be returned if the CLEAR FILM SEAL on the packaging has been opened, broken or tampered with.
The following applies to all Returns:-
Written notification must be sent to firstname.lastname@example.org as soon as possible and within 30 days of receiving the product.
The Return Merchandise Authorization (RMA) emailed to you from Quarkie, must accompany the return of the product together with original proof of purchase.
The CLEAR FILM SEAL on the packaging must not be opened, broken or tampered with.
You are responsible for the shipping charges when returning the product to us.
Once we have received the returned product it may take between 7 and 10 calendar days to process your return, but we will do our best to reduce this time. However, if you have not followed our requirements for returns e.g. you have not completed the Return Merchandise Authorization (RMA) properly, the process may be delayed.
We reserve the right to deem the item second-hand and make you an appropriate offer should any items not be returned in their entirety or in an AS NEW condition.
During the RMA process, Quarkie may email you to follow up on issues requiring your clarification and agreement. If no response is received from you within 7 calendar days, Quarkie will follow up with a 2nd email. In the event no response is received from you within 7 calendar days, after sending the 2nd email, Quarkie will send a 3rd and final reminder via email AND via recorded letter. Should no response be received within 14 calendar days after sending the final email and letter, Quarkie reserves the right to dispose of the RMA item(s) thereof, without refund/credit.
All our products come with a 12 month warranty, where our in-house facilities are able to process all returns for a quick and efficient all round service.
Within 30 days of receiving the product, if the item is faulty we will offer a prompt replacement of the relevant product or if you prefer, a refund. This does not apply to faults caused by accident, neglect, abuse or misuse. Written notification must be sent to email@example.com or as soon as possible. Quarkie will acknowledge your email and advise the return procedure. The product you return becomes the property of Quarkie and will not be returned to you.
If your purchase develops a fault after 30 days and within its 12 month warranty period, we will arrange to repair and return the product to you free of charge. Please send a written notification to firstname.lastname@example.org.
Original proof of purchase will be required.
Applicable Law and Disputes
By visiting the Site, you agree that the laws of the Hong Kong Special Administrative Region, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Quarkie Limited or its affiliates.
ALL TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.
Any dispute, controversy or claim relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Quarkie Limited or any affiliate or licensor of Quarkie, Quarkie Limited may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof. The arbitrator shall state the reason upon which the award is based.
If any of these Terms or Conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms and Conditions.
Delay in Enforcement
No delay or failure to take action under these Terms and Conditions shall constitute any waiver by Quarkie of any provision of these Terms and Conditions.
These Terms and Conditions, together with any other policies posted on the Site from time to time, constitute the complete agreement between the parties and supersede all prior agreements or representations between them.
You agree to defend, indemnify and hold harmless Quarkie and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Quarkie reserves the right, at its sole discretion, to change, add or remove portions of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms and Conditions, which shall apply until we post a modified Terms and Conditions and then in accordance with such modified Terms and Conditions.