DISCLAIMER

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY
PINKICON ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND YOUR USE OF ALL PRODUCTS (INCLUDING WITHOUT LIMITATION ALL COSMETIC AND PERSONAL CARE PRODUCTS) INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK.  NO PINKICON PARTY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PINKICON PARTIES DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES), OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  NO PINKICON PARTY GUARANTEES OR WARRANTS THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE, OR THE CONFORMANCE OF ANY THIRD PARTY’S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION OR POLICY.  NEITHER PINKICON NOR ANY OTHER PINKICON PARTY WARRANTS THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM PINKICON FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE.

NO
PINKICON PARTY WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES) OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM PINKICON OR ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY PINKICON PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE PINKICON PARTIES ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES), REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.

THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS IN THE IMMEDIATELY PRECEDING PARAGRAPH DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN
PINKICON WARRANTY (AS DEFINED ABOVE).

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

 


COSMETIC AND PERSONAL CARE PRODUCTS

Purchase of Cosmetic and Personal Care Products

PINKICON may offer cosmetic and personal care products, including but not limited to contact lenses, skin care products, makeup and fragrances, for sale through the Site. By purchasing such products you represent and warrant that you have consulted with an appropriate medical professional with respect to your use of such products and you have obtained all necessary prescriptions and other approvals and documents required in connection with your purchase and use of such products.

No Professional Advice; Risk of Use

All information supplied through the Site or by any
PINKICON Party, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. The Site does not and is not intended to provide any information to diagnose, mitigate, prevent, treat or cure any disease or condition. Health-related information provided through the Site is not a substitute for professional medical advice. You must consult your personal physician or other healthcare professional before making medical decisions and before making purchasing decisions related to personal care products. You must carefully read and follow all product label information and the recommendations of your health care provider before using any cosmetic or personal care products. None of the information available through the Site constitutes a recommendation or solicitation to take or not take any particular action.

The receipt of any questions or feedback you submit to
PINKICON does not create a professional relationship and does not create any privacy rights other than those described in PINKICON’s Privacy Policy.


CONTACT LENSES

It is your responsibility to have your eyes examined by an eye care professional before purchasing contact lenses through the Site and regularly thereafter. You agree to follow your eye care professional's instructions for the proper use and care of any contact lenses purchased through the Site.

In addition to the terms set forth above with respect to all cosmetic and personal care products (and without limiting the generality thereof), by placing an order through the Site for prescription contact lenses, you certify, represent and warrant that (1) with respect to the contact lenses you are ordering you have a valid prescription issued within the timeframe required by law in your jurisdiction of residence following a physical eye examination conducted by a registered eye care professional licensed in your country, state, province or other applicable jurisdiction and (2) you have not, since your last issuance of a valid prescription pursuant to a physical eye examination conducted by a registered eye care professional licensed in your country, state, province or other applicable jurisdiction, suffered from any eye condition requiring treatment or been advised to stop wearing contact lenses by an eye care professional or medical practitioner. When you order contact lenses through the Site, you are responsible for entering the correct contact lens information according to your contact lens prescription. If you experience any pain or discomfort from any contact lenses purchased through the Site, you agree to discontinue use immediately and consult your eye care professional.

Due to different monitor settings, please keep in mind that the actual colours of the contact lenses may not match 100% with those on your screen.



IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION

PINKICON’s product inventory available on the Site includes hundreds of products, and product listings are constantly being changed and updated. PINKICON’s customers are located in various parts of the world.  As a result, it is not practical for PINKICON to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law, including product safety and other regulations.

PINKICON MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE.  IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS, LOCAL COPYRIGHT AND TRADEMARK RIGHTS AND OTHER LOCAL LAWS. IN ADDITION, PRODUCTS AVAILABLE ON THE SITE MAY NOT CONFORM TO PRODUCT SAFETY OR OTHER REGULATIONS IN ALL COUNTRIES.

BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED
PINKICON TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE“IMPORTER” AND “INITIAL DISTRIBUTOR” OF THE PRODUCT TO SUCH COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS.  YOU ACKNOWLEDGE AND AGREE THAT PINKICON’S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO THE COUNTRY TO WHICH YOU HAVE REQUESTED PINKICON TO SHIP PRODUCTS.  IN NO EVENT WILL PINKICON OR ANY OTHER PINKICON PARTY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL ANY PINKICON PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR ANY REASON, INCLUDING THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS.

By purchasing a product through the Site, customers outside of Hong Kong authorize PINKICON to make arrangements for clearance of customs on their behalf for the products they have ordered.

 


Taxes

You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.  With respect to each of your purchases, PINKICON will automatically charge and withhold any applicable tax that it deems is required in any applicable jurisdictions.


Currencies

All transactions conducted by or with PINKICON, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in US Dollars. However, for orders shipping to Hong Kong, PINKICON may allow customers paying by check, money order, direct deposit or COD, if such payment option is available, the option to settle in Hong Kong dollars at the fixed exchange rate of US$1 to HK$7.
60. If the option to pay in Hong Kong dollars is available, more information and applicable terms and conditions will be included in “Customer Service – About Payment”. Please note that although payment may be made in such cases in Hong Kong dollars, the US Dollar prices indicated on the Site will apply.

Payment made by credit card, PayPal® or Alipay in a currency other than US Dollars will be converted to US Dollars at the exchange rate determined by your credit card issuer, PayPal or Alipay.  Please consult your credit card issuer agreement or the user agreement for the PayPal and Alipay services for information regarding the determination of exchange rates by them. These exchange rates may include a “spread,” or amount payable to PayPal, Alipay or the credit card issuer, which may result in the actual price paid being higher than the posted US Dollar price.

The Site allows users the opportunity to choose a “Reference Currency.” The Reference Currency function converts the US Dollar prices shown on the Site to a currency selected by the user from those available on the Site.  REFERENCE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO PINKICON; HOWEVER, PINKICON IS NOT A BANK OR A CURRENCY DEALER AND MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE SITE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY CUSTOMERS IN SUCH REFERENCE CURRENCY. REFERENCE CURRENCY PRICES ARE FOR CONVENIENCE OF REFERENCE ONLY AND REFERENCE CURRENCY EXCHANGE RATES MAY BE UPDATED BY PINKICON ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.

NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.

PINKICON does not provide cash refunds to customers.  However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than US Dollars and such refund was made through the customer’s credit card, PayPal or Alipay, then the credit card issuer, PayPal or Alipay would determine the applicable exchange rate at such time as provided above.

In no event will any PINKICON Party be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.