TERMS OF USE AND SERVICE
Pleasure Point's ("we" or "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on www.pleasurepoint.store. We recommend you to keep a copy of the TOS for future reference.
Pleasure Point is a trading name of Excevate Limited. Please contact us if you have any comments about Pleasure Point.
In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under the age of 18 you must immediately stop using this Site. We will only provide our services to persons of or over the age of 18.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
REGISTRATION
To use some of the services or features made available to you on the Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please contact us immediately. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify Pleasure Point immediately of any breach of security or unauthorized use of your account. Please refer to our Privacy Policy for information about how we use your data.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The Site is available only to individuals and others who meet the Pleasure Point terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Pleasure Point, whose applications are acceptable to Pleasure Point and who have authorized Pleasure Point to process a charge or charges on their credit/debit card in the amount of the total purchase price for the items which they purchase. Pleasure Point reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase items you expressly authorize us to perform credit checks and where Pleasure Point feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for further information about how we use your data.
ORDERS
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
Please be aware that certain products are in particularly high demand on certain occasions and will therefore sell out faster than usual.
PRICING POLICY
Prices shown on the Site are in HKD. All prices and offers remain valid as advertised from time to time. The HKD price of an item displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
If you are a customer whose credit/debit card is not denominated in HKD, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
SALE PRICE ADJUSTMENT POLICY
Pleasure Point is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact model of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your Pleasure Point account in the form of a store credit, which will be valid for 12 months.
We are unable to offer Sale Price Adjustments on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Pleasure Point will be completed when we email you to confirm the order has been dispatched. The sale contract is therefore concluded in Hong Kong. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Pleasure Point.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawal of any items from the Site whether or not that item has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of items. If we discover an error in the pricing of an item in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for an item that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order an item that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the items, we shall refund the full amount as soon as possible. In the event that items are recalled in transit, we will process your refund once the items have been returned to us.
PAYMENT
Payment can be made by Visa, MasterCard, American Express and any other methods that may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to the Site. Payment will be debited and cleared from your account upon dispatch of your order by Pleasure Point. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Pleasure Point, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Pleasure Point user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions that you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, Pleasure Point uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
DELIVERY
You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.
We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Pleasure Point, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
Please note that we aim to dispatch all orders within 24 to 48 hours during sale periods. Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of dispatch. If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
RETURNS AND EXCHANGES
Your satisfaction is incredibly important to us. We try our best to source only the highest quality products but if for any reason your order is defective or unsatisfactory in any way we will either replace the items or offer you a full refund for the full amount of your purchase, subject to our policy below.
We only accept returns or exchanges for any unused, unopened or inherently defective items. Used or opened items will only be accepted if they are defective. You may return or exchange such items to us within 90 days from the date of purchase.
All items should be returned unmarked and unsoiled, in their original, undamaged packaging box. Where provided, any designer packaging such as authenticity cards, dust bags and tags should be included in your return or exchange. Returned items that do not meet any of the foregoing conditions may not be accepted, sent back to the customer and/or a refund refused.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Pleasure Point and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
CONTENT
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Pleasure Point tries to ensure that the information on this site is accurate and complete. Pleasure Point does not promise that Pleasure Point's Content is accurate or error-free. Pleasure Point does not promise that the functional aspects of the Site or Pleasure Point’s Content will be error free or that this Site, Pleasure Point’s Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The personal opinions of the brands whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Pleasure Point and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than Pleasure Point, including advertisers. Pleasure Point has not reviewed all of the sites linked to www.pleasurepoint.store and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in this TOS is intended to affect your rights under the law.
If Pleasure Point fails to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and Pleasure Point knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 100% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
COMPENSATION
At our request, you agree to compensate us fully, defend us, and hold us Pleasure Point harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Pleasure Point as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Pleasure Point, and we shall not be liable for any representation, act, or omission on your part.
NO WAIVER
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
GOVERNING LAW
The TOS together with all our policies and procedures will be governed by and construed in accordance with Hong Kong law and the courts of Hong Kong will have exclusive jurisdiction.
