Terms & Conditions


Privacy Policy


NOVOBENS Limited and its related companies (collectively “we” or “us”) are committed to safeguarding your privacy and ensuring that your Personal Data is protected. This Privacy Policy Statement (“Privacy Policy”) explains the types of Personal Data we collect and how we process
and protect the collected data.


We shall keep your personal data confidential and shall ensure that our policies and practices with respect to the collection, use, retention, disclosure, transfer, security and access of your personal data comply with the requirements of the Personal Data Privacy Ordinance (Chapter
486) of the Hong Kong.


By visiting the NOVOBENS’s website (www.novobens.com) (our “Website”) or providing us with your personal data through your use or access our Services on our Website or via other means including email enquires or special promotion, you agree that we will collect, use and store your personal data in accordance with this Privacy Policy, as amended from time to time. This Privacy Policy is incorporated into and forms part of our Terms of Service.

COLLECTION OF PERSONAL INFORMATION


We will collect, use and store your personal data (“Personal Data”) when you register account and/or use our services including purchasing product from our Website. The collected information may include:

  • Name
  • Household Income Range
  • Personal Interest;
  • Business Information such as Company Name and Business Title
  • Delivery Address
  • Email Address
  • Telephone Number
  • Mobile Number
  • Date of Birth
  • Gender
  • Payment Methods including Credit Card Details and/or Banking Information


You may also use other social media features, widgets and/or interactive mini programs that run on our Website. These features are small content modules that may collect personal data including your IP address. These social media features are either hosted by us or by a third party on our Website. If the feature is provided by a third party, the use of your personal data will be governed by the privacy policy of that third party.

USE OF THE PERSONAL DATA

  • You agree that we may use the Personal Data collected for the following purposes:
  • Identifying you and any accounts you hold with us;
  • Enabling the provision of our Services to you;
  • Processing your order for purchases at our Website, including verifying your payment details/status and delivery of the products;
  • Internal record keeping, researches, aggregated behavioral analysis and statistical purposes;
  • Direct marketing of NOVOBENS products and Services;
  • Provisioning of customer services including investigation of complaints, suspected suspicious transactions, and research for service improvement;
  • Fraud prevention and detection; and
  • Auditing.


When you visit our NOVOBENS website, we automatically receive and record information on our server logs from your browser including your IP address, cookie information and the pages you visited. These measures are adopted so that we can measure traffic, gauge the popularity of various parts of the Website, and gain some general knowledge and preferences about our customers.

DISCLOSURE OF YOUR PERSONAL INFORMATION
Your Personal Data held by us will be kept confidential, except we may disclose your Personal Data to the following parties:

  • We may disclose and transfer (whether in Hong Kong or abroad) your Personal Data to our agents or contractors under a duty of confidentiality to us who provide administrative, data processing, research and marketing, distribution, telecommunications, professional or other similar services to us.
  • Any financial institutions or credit card issuing companies where necessary to establish and support the payment of any products and services being requested by you; and
  • Any other party where such disclosure is mandated by statutory obligations or as required by law or court of law, or where such disclosure is necessary to protect our interests.


UPDATING YOUR PERSONAL DATA

You can update your Personal Data anytime by accessing your account on our NOVOBENS Website.

SECURITY OF YOUR PERSONAL DATA
NOVOBENS will take reasonable steps to ensure that all information collected will be safely and securely stored by:

  •  Restricting access to Personal Data
  • Securely destroying your Personal Data when it is no longer needed for our record retention purposes.

However, we give no warranty against third parties hacking into the data or any unauthorized access to the data by anyone.

LINK TO THIRD PARTY WEBSITES

In relation to hyperlinks to other websites provided on our NOVOBENS Website, we are not responsible for the privacy policy or content of these other websites. You should review the privacy policy for such third party websites to understand the ways in which your personal data may be used by those third parties.

BREACHES OF PRIVACY
If you believe that your privacy has been breached by NOVOBENS, please contact us at support@novobens.com and we will endeavor to respond as soon as possible.

“OPT-OUT”
You can opt-out from receiving information from NOVOBENS or to delete your Personal Data from our records at any time should you no longer wish to receive updates from us regarding our developments, activities and promotions. To opt out, please send us an email with the words "opt out" in the subject line.

CHANGES TO PRIVACY POLICY
NOVOBENS may modify and change the Privacy Policy from time to time by posting on our Site. By continuing to visit our Site or use of our services after any amendments to this Privacy Policy, you agree to this Privacy Policy as revised, so please do visit this page periodically for updates.



Terms and Conditions (Purchase and Delivery)



ELIGIBILITY TO PURCHASE

In order to purchase with us, you must:

  • Be over 18 years old;
  • Make payment through the PayPal system (either through a registered PayPal Account or credit card);
  • Provide Personal Data (email address, real name, phone number, billing information and other requested information as indicated on the Website) which must be both valid and accurate.

AVAILABILITY AND NON-EXPLOITATION

All orders made on the Website are subject to the availability of the stock and the Acceptance of Order which will be further elaborated in the session below. This Website and our Services are solely intended for your own personal use and consumption. Any acts of purchasing goods or products from this Website for commercial reselling purposes are strictly prohibited. NOVOBENS may refuse any purchasing orders which are suspected for commercial reselling purposes. We expressly reserve all of our rights in this connection.

PRODUCT DESCRIPTION

NOVOBENS endeavours to assure that the contents and product descriptions on our Website are accurate, up-to-date and complete as possible. However, we do not warrant that any of the product descriptions are accurate, complete, up-to-date or error-free. We further do not warrant that the colour of the products purchased will be accurately displayed as the colour displayed on your monitor.

PRICE

Prices are shown on the Website in Hong Kong Dollar. NOVOBENS cannot confirm the price of the product until you order the product. The price of product may vary between the time that the product is placed in the “shopping cart” and the time the purchase is actually made. Prices displayed on the Website at the time your order is accepted will be honoured except in the case of server error. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.

NOVOBENS will have this right regardless of whether the order has been confirmed or your PayPal account has been charged. If your PayPal account has already been charged for the purchase and your order is cancelled, PayPal will issue a credit to your PayPal account or relevant credit card in the amount of the charge. Prices are shown on this Website in Hong Kong Dollars. If your PayPal account is not denominated in Hong Kong Dollars, the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer and/or PayPal account processes the transaction.

ACCEPTANCE OF ORDER

The Information and Contents contained on this Website constitutes our invitation to treat, not a binding offer. Once you have entered your personal and payment details and submit your purchase order on this Website (“Order”), we will send you an email acknowledging the receipt of your order. This email is confirmation of receipt of your order and does not constitute as an acceptance of your offer/order or any promise concerning your offer/order.

Acceptance of your Order is only made by NOVOBENS when an e-mail is sent to the e-mail address you provide to NOVOBENS, confirming acceptance of your Order and its dispatch details (“Acceptance of Order”). The quantity, description and specification of the products set out in the Acceptance of Order shall be final and conclusive. A legally binding contract for the Order between you and us shall not be formed unless and until such Acceptance of Order has been issued by us. These Term of Use and the Acceptance of Order shall constitute the entire agreement between you and us in relation to the subject matter hereof (“Contract”) and shall supersede and cancel in all respects all previous correspondence and agreements, if any, between us in respect of the same.

You cannot cancel your Order under any circumstances after the Acceptance of Order reaches the email address you provide with NOVOBENS. NOVOBENS reserves the right to reject your Order for any reason at its sole discretion without ascribing any reason in respect thereof. We do not guarantee that the products shown on the Website will be available for sale to you at all times.

Our Customer Service team will contact you as soon as possible if we are unable to accept your order.


PAYMENT

You must make payment through the PayPal system (either through a registered PayPal Account or credit card). If you proceed with payment via PayPal, you will be directed to a different website address operated by PayPal, NOVOBENS does not endorse nor support the content of such website address. The user agreement for the PayPal service will govern your use of that service, and you must refer to that user agreement and not these Terms and Conditions to determine your rights and liabilities as a user of the PayPal services.

Once you place an Order with us, you represent and confirm that the PayPal account used belongs to you and that the same has not been registered or obtained by any fraudulent means and/or unauthorized methods. If your request for payment via your PayPal account is refused or delayed for process for whatever reason(s), NOVOBENS shall not be held liable for any delay or non-delivery of your Order. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the currency exchange rates in effect when the charges were incurred. If NOVOBENS fails to receive payment through the PayPal service, you agree to pay all amounts due upon demand by NOVOBENS or its authorized agents. Under no circumstances shall NOVOBENS be held liable for any loss you may suffer should any third party procures unauthorized access to any data you provided when using our services. Unless expressly set forth on this Website, NOVOBENS does not accept any other payment form. If NOVOBENS offers or accepts any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such other form of payment.

CURRENICES

All transactions conducted by or with NOVOBENS are made in Hong Kong Dollars. If your PayPal account is not denominated in Hong Kong Dollars, the final price charged in your currency will be converted at the exchange rate determined by PayPal in accordance with the applicable exchange rate on the day your PayPal account processes the transaction. Please consult the user agreement for the PayPal service for information regarding the determination of exchange rates. The exchange rates may include amount payable to PayPal, which may result in the actual price paid being higher than the posted Hong Kong Dollar exchange rate.

RETURN OF DEFECTIVE GOODS

Once the Acceptance of Order is delivered to the email address you provided to NOVOBENS, the products purchased are NOT refundable under any circumstances. We shall be deemed prima facie to have properly performed all obligations under the Contract, and the purchased products delivered shall be deemed to be correct and of satisfactory quality, unless notice of fault and the particulars of such fault are given in writing accompanied with the return of the purchased product(s) to us within 7 days from the date of its delivery at the delivery address. Any claim not made as aforesaid shall be deemed to be waived and absolutely barred except where you can show evidence to prove that it was impossible for you to comply with such time limit and that you have made the claim as soon as it becomes possible to do so. Only items purchased directly from NOVOBENS’s online store will be accepted.


In the event that a claim of defective purchased product is lodged with us and subject to satisfactory proof of fault thereof, we shall, at our discretion, either replace the purchased product(s) free of charge or refund to you the amount paid for the purchased product(s) provided that the purchased product(s) returned shall be returned in its original unaltered condition and in its original packaging including any accessories, manuals, and documentation. Returns made without receipt may be refused. NOVOBENS reserves the final right to deny any return without any sufficient supporting evidence.

Without prejudice to anything contained in the Contract, all costs and expenses arising from the return of the purchased product(s) and delivery of the replacement thereof (including without limitation, delivery charges, local customs, tariffs and duties) shall be borne by you entirely. You shall be required to either collect the replacement in person or reimburse us for the cost of delivery.

We shall not refund or replace any purchased product(s) that are not faulty or defective or without any error on our part. We reserve our sole and absolute right and discretion to decline any claim under this Clause 8. In the event of any dispute hereunder, our determination shall be final and conclusive.

WARRANTY SERVICE

There are different warranty terms concerning different products purchased online. The warranty period hereunder shall commence from the date of delivery of the purchased products at the Delivery Address and shall remain valid for a certain period of time (“Warranty Period”), which the scope shall be subject to the detailed terms and conditions of warranty offered by the Warrantor. Please read all information, warranties or warnings provided by the manufacturer or seller of the products on or in the product packaging and labels before using any product purchased on this Website.

If any warranty goods are found to be faulty or defective during the Warranty Period, we will, subject to the relevant terms and conditions of warranty offered by the Warrantor, arrange at our option to either repair or replace such Warranty goods at no additional costs to you, provided that you shall take the warranty goods to a designated service center within the Warranty Period and collect it from the same after completion of the relevant repair or replacement.
The warranty under this Clause 9 shall not cover, inter alia:

  1. any consumable items / parts supplied with the warranty goods;
  2. any accessories not being part or component of the warranty goods;
  3. cosmetic damage of the warranty goods;
  4. damage due to acts of God, accident, misuse, abuse, negligence, unauthorized alteration, modification, improper handling or operation, improper connection to voltage supply, repair or attempted repair of the warranty goods by any person not authorized by the Warrantor, or deterioration due to normal wear and tear; or
  5. damage excluded by the Warrantor.



Terms of Use

ACCEPTANCE OF TERMS OF USE

These Terms and Conditions (the “Terms of Use”) apply to the website operated by NOVOBENS LIMITED (“NOVOBENS”) located at www.novobens.com and all associated sites linked to www.novobens.com by NOVOBENS (collectively the “Website”). These Terms of Use govern the use of the Website, all information and or data stored on or receivable through the Website (“Information”) and all sales and purchase of any product or service effected through the Website (the “Services”). BY USING THIS WEBSITE AND/OR THE SERVICES THEREAT SHALL DEEM TO IMPLY THAT YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND NOVOBENS AND YOU AGREE TO BE BOUND BY THESE TERMS OF USE; IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR ONLY OPTION IS NOT TO VISIT, VIEW OR OTHERWISE USE THE WEBSITE AND THE SERVICES OF NOVOBENS.

CHANGES TO THE TERMS OF USE

NOVOBENS reserves the right, at its sole discretion, to change, modify, add or remove portion of these Terms of Use from time to time without any notice. Amendments to these Terms of Use will become effective once they are posted on the Website and your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. It is your responsibility to check these Terms of Use periodically for changes.

PROPRIETARY RIGHTS

The Website is the property of NOVOBENS and its licensors. All Information, software and content in the Website, including without limitation, the NOVOBENS logo, and all designs, texts, graphics, photography, videos, sound files, 'look and feel' and other files (collectively the “Content”) are the proprietary property of NOVOBENS and/or its licensors and are protected by intellectual property and copyright laws and international treaty provisions.

This Website is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted if expressly authorised by NOVOBENS. You may not distribute, reproduce, publish, sell or license any Content contained within the Website without prior consent or authorization of NOVOBENS. Any such unauthorized actions may result in civil consequences or criminal penalties. Any third-party trademarks, service marks and logos are the property of the respective owners.

REGISTRATION AND ACCOUNT’S SECURITY

You may need to register an account with username and password (“Account”) to use some of the Services make available to you on the Website. In registering your Account with us, you agree to provide information about yourself that is true, accurate, current and complete in all respects. We have the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.

If you are under 18, by registering for an account with us or otherwise using our Services, you agree that you have informed your parents and guardians about the Terms of Use prior to such registration or use, and they have approved of such registration or use by you on the terms of the Terms of Use. NOVOBENS reserves the right to only accept orders from you if you are aged 18 or over.

You agree to accept responsibility for all acts, activities and transactions conducted through your Account. You are also responsible for: (i) safeguarding any passwords used to access your account and our Services, and (ii) all use of our Services under your Account. Please note that you authorize us to assume that any person using the Service with your username and password is either you or is authorized to act for you. You shall notify NOVOBENS immediately should you suspect any unauthorized use of or access to your Account. NOVOBENS shall in no event be held liable for any acts of yours conducted through your Account.

PROHIBITIONS AND FAILURE TO COMPLY

In using our Website or Services, you represent, warrant and covenant that you will not:

5.1 use our Website for any fraudulent or unlawful purpose;

5.2 use our Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;

5.3 interfere with or disrupt the operation of our Website or the servers or networks used to make our Website available; or violate any requirements, procedures, policies or regulations of such networks;

5.4 transmit or otherwise make available in connection with our Website 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;

5.5 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our Website (including our applications or software);

5.6 create a database by systematically downloading and storing the Content or any site content; and

5.7 infringe any copyright, design right and intellectual property right in the merchandise.

PROVISION OF SERVICES

You acknowledge and agree that NOVOBENS is entitled to change, improve or discontinue any parts of its Services at its sole discretion and without any notice to the customers. Furthermore, you agree that NOVOBENS is entitled to provide services to you through subsidiaries or affiliated companies.

NOVOBENS reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (ii) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (iii) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes. We will not be liable if for any reason the Website is unavailable at any time and for any period.

SUBMITTED CONTENT

When you submit content to NOVOBENS, you consciously grant NOVOBENS an irreversible, worldwide, royalty free license to display, publish, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to NOVOBENS.

EXTERNAL CONTENT

NOVOBENS may include hyperlinks to third-party content, advertising or websites that are not operated or prepared by NOVOBENS. We have no control over such sites and resources and NOVOBENS accept no responsibility for them or damage caused or allegedly to be caused by or in connection with your use of them.

Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of such sites.

THIRD PARTY MERCHANTS

We may have on-line stores or service providers hosted in our Website which are operated by third party merchants. If you want to use, order or receive any services and/or products from any of them, please note that any personally identifiable information you provide, once transferred to the relevant merchant, is beyond our control and thus outside the scope of protection afforded by us.

DISCLAIMER OF WARRANTIES

Please read all information, warranties or warnings provided by the manufacturer, owner or seller of the products on or in the product packaging and labels before using any product purchased from this Website. NOVOBENS shall not be liable for the accuracy, fitness for a particular purpose or quality of such products or reliability of any information provided by any manufacturer or owner. All information provided on or via this Website is for information purposes only. This Website and the Content and Information are provided “As Is” and “As Available” and without any warranty or condition including but not limiting to express statutory or implied warranties of merchantability and fitness for a particular purpose and non-infringement.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NOVOBENS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITING TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF GOODS AND SERVICES FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

NOVOBENS does not warranty that access to this Website or use of the Website and/or our Services will be uninterrupted or error-free and that the Content does not contain any viruses or contaminating or destructive properties or that defects in the Content/Website will be corrected. If your use of this Website results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.

NOVOBES disclaims any warranty or representation that the Content will not be objectionable or offensive to the user or any other person, any error, omission or misstatement in or arising from the Content.

NOVOBENS does not endorse or recommend any person, organisation, name, product or service referred in this Website nor does the Content contained in the Website constitute NOVOBENB’s views or opinions. NOVOBENS will not be a party to any transaction between the user and any third person in any way relating to the NOVOBENS or made through NOVOBENS unless and only to the extent explicitly stated in writing otherwise.

LIMITATION OF LIABILITY

You agree that NOVOBENS and any of its subsidiaries or affiliates, their respective directors, shareholders and employees shall NOT be liable to you or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for any direct, indirect, incidental, consequential, or exemplary damages This shall include, but not limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the this Website and/or our Services, or any permanent or temporary cessation of such Services or access to Website, or the deletion or corruption of any Content or Information, or the failure to store any Content or Information. The above limitation shall apply whether or not NOVOBENS has been advised of or should have been aware of the possibility of such damages.

In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, the liability of NOVOBENS is limited to the greatest extent permitted by law.

JURISDICTION

These Terms of Use, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these Terms of Use. Where this disclaimer is available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

You understand and agree that the Terms of Use constitute the entire agreement between you and NOVOBENS. You may be subject to additional terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

TERMINATION OF TERMS OF USE

The Terms of Use will continue to apply in perpetuity until terminated by NOVOBENS without notice at any time and for any reason. Terms by their nature that are to continue in perpetuity shall be unaffected by any termination.