1.1 We are Merry Go Banana, a brand owned subsidiary of Big Bang Limited Incorporation (collectively “we”, the “Company” or “Merry Go Banana”) and we own and operate the site. These Terms set forth the terms and conditions under which you may use our website and services as offered by us.
This website offers visitors to shop online and to enjoy watching entertainment content about our offered products.
1.2 . By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
1.3 We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on our site. Your continued access and use of our site and our services shall represent your unconditional acceptance of the latest version of the terms and conditions.
1.4 The meaning of some words used in these terms and conditions:
1.4.1 “we”, “us” or “our” is a reference to (name of person or company providing the services).
1.4.2 “you” or “your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise delivered.
1.4.3 “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site
1.4.4 “merchandise” means the goods (including without limitation food and beverages) or services you ordered through our site, which you will pay for.
1.4.5 “intellectual property rights” means any and all patents, trade marks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
1.4.6 “services” has the meaning given in clause 1.1.
2. Registration
2.1 In order to use our website and/or buy our products, you must be at least 18 years of age: You may be required to register with us when you use the services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.
2.2 You represent to us and to all suppliers of the merchandise through our site that all purchases made by you through our site will be within the scope of your authority to conclude contracts.
2.3 In consideration of your use of our services, you agree to
2.3.1 provide true, accurate, current and complete information about yourself when filling out our registration form; and
2.3.2 maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
3. Order
3.1 When buying an item, you agree that:
(i) you are responsible for reading the full item listing before making a commitment to buy it:
(ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
3.2 When you place an order you are making an offer to buy the merchandise you have specified at the price stated for those merchandise. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
3.3 We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:
3.3.1 details of what you have ordered,
3.3.2 details of the price charged,
This communication will be our acceptance of your order.
3.4 Our acceptance of your order will only cover the merchandise mentioned in it and may not cover all the merchandise you ordered. If this is the case, then the order you made for the remaining merchandise will only be accepted when we send a further acceptance of that part of your order.
3.5 The availability of the merchandise is as shown online and will be updated regularly.
3.6 We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
3.6.1 no sufficient stock to deliver the merchandise you have ordered;
3.6.2 no delivery can be arranged for your area; or
3.6.3 one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.
3.7 If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
4. Price and Payment
4.1 The prices we charge for buying our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.
4.2 If the order is canceled by us, and if you have already made any payment, we will make a refund on any sum deducted by us from your credit card. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.
4.3 We only accept credit card payments made by Visa, MasterCard and American Express. When you place an order you authorize us to debit the credit card you specify on your order for the amount of the order at the time we send our acceptance of your order and you represent to us that you shall be authorized to make such payment.
4.4 We use third party payment services to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transactions, and in no event shall any such losses in whole or in part be borne by us.
5. Delivery
5.1 We reserve the right to decline delivery at our sole discretion.
5.2 You will become the owner of the merchandise you have ordered, and will hold the merchandise at your own risk, once the merchandise is delivered to the delivery address assigned by you. Such address may be an address of a third party logistics service provider engaged by you for onward delivery of the merchandise overseas.
Delivery in Hong Kong
5.3 We make deliveries in the specified areas of Hong Kong from Monday to Saturday, except on the first fou days of the Lunar New Year and when typhoon warning signal No. 8 or above or black rainstorm warning is in force.
We currently do not make deliveries to remote areas and outer islands,Discovery Bay, Ma Wan, Lamma Island, Cheung Chau, Mui Wo and other remote island, areas that require a permit and areas that cannot be reached directly by our vehicles or buildings without a functioning lift to the 3/F or above
If we decline delivery, you agree and accept that you will collect your ordered merchandise from our logistics office of BIG BANG INCORPORATION LIMITED or its staff may require you to pick up the goods at a location chosen by BIG BANG INCORPORATION LIMITED or its staff.In these cases, under no circumstances will we accept cancellation of order or refund.
5.4 We will deliver the merchandise ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. You agree to present your photo identification or sign upon request when you acknowledge receipt of the merchandise. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise is delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons.
5.5 Any times and dates given for dispatch of merchandise, or the length of time that merchandise will take to be delivered, are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. You agree and accept that under no circumstances will we accept cancellation of order or refund.
5.6 Unless otherwise specified, please refer to our site for details of the delivery charges and free delivery threshold. We reserve the right to amend the free delivery threshold at any time and from time to time.
6. Returns or Exchanges. Unless otherwise specified, no return or exchange of merchandise will be accepted.
7. Disclaimer of Warranties and Limitation of Liability
7.1 We do not represent or warrant that access to our site, or any part of it, will be uninterrupted, reliable or fault-free.
7.2 We do not represent or warrant to you that our site or any of its contents (including the product filters and the results obtained from the use of product filters) will be accurate, complete or reliable. You agree that the product filters are for your reference only.
7.3 We do not represent or warrant that any services (whether or not provided by us) will be provided with due care and skill; or
7.4 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
7.5 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
7.5.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
7.5.2 the unavailability of our site (or any part of it), merchandise or services;
7.5.3 any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
7.5.4 any merchandise not being of merchantable quality or fit for their intended purpose; or
7.5.5 any misrepresentation on or relating to our site, the merchandise or the services.
7.6 Save as required by law:
11.6.1 we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and
7.6.2 we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions
8. Warranties
8.1 You represent, warrant and covenant that you will not:
8.1.1 use our site for any fraudulent or unlawful purpose;
8.1.2 use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
8.1.3 interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
8.1.4 transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
8.1.5 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site;
8.1.6 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site;
8.1.7 frame or mirror any part of the site without our express prior written consent;
8.1.8 create a database by systematically downloading and storing the Content, User Content or any site content; and
8.1.9 infringe any copyright, design right and intellectual property right in the merchandise.
9. Indemnity. You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
10. Linked Websites. Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
11. Intellectual Property
11.1 All intellectual property rights in the Content, User Content, design, text, graphics and other material on our site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited.
11.2 All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
12. Promotional emails and content. You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices – please just notify us at any time.
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
14. General
14.1 We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
14.2 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
Last Updated: Marzo 2024
Customer support details & contact info: info@merrygobanana.com
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