1. Scope of the General Terms and Conditions

The following General Terms and Conditions apply to all orders and contractual agreements between Gifinity and buyers of Gifinity products and are deemed to be accepted by the buyer upon placing an order or using the Gifinity website. These General Terms and Conditions also apply to all offers and deliveries made by Gifinity, unless otherwise agreed upon in writing by both parties.

In the event that Gifinity confirms in writing before or at the time of contract conclusion that the contractual terms and conditions differ from those of the buyer, only then will the contract be valid.

By placing an order or using this website, the buyer expressly waives the application of its own general terms and conditions (of sale), regardless of whether they have been published or made known, and accepts these General Terms and Conditions of sale.

2. Offers, Acceptance, and Conclusion of Contract

The conclusion of a contract between Gifinity and the contracting party occurs only upon the confirmation of the contracting party's order by Gifinity or the delivery of the contractual goods by Gifinity. Gifinity's offers are effective for a maximum of two weeks and serve only to inform the contracting party. Gifinity is not legally bound by offers and quotes unless otherwise stated. Furthermore, Gifinity may modify its offers, including price quotes, at any time due to factors such as wages, product availability, raw material prices, and shipping rate changes in case of fluctuations in gasoline prices or exchange rates change. While Gifinity strives to abide by the offer as given, it reserves the right to alter items if needed due to production. It is important to note that the display of items in the online store does not, in itself, constitute a legally binding offer given by Gifinity.

Offers and quotations do not apply to repeat orders unless expressly agreed upon in writing. Orders and quotations are considered accepted if Gifinity confirms such in writing. However, Gifinity reserves the right to withdraw offers within three days of receiving the acceptance without the contracting party being able to derive any rights from this.

3. Prices and Payment

Gifinity's prices are quoted in HKD and are subject to statutory value-added tax (VAT), administration fees, taxes, and shipping, travel, or transport costs unless otherwise specified or agreed upon. Gifinity reserves the right to adjust its prices at any time and without prior notice.

The contracting party must pay the full amount within 7 days after accepting the price quote. Gifinity may withhold executing orders or condition delivery on immediate payment or security for the total amount of the products or services. Failure to pay within the agreed period will result in the contracting party being in default and breaching the contract without Gifinity having to send a reminder or notice of default.

The payment options will be presented to the contracting party during the ordering process. Payment must be made via bank transfer, and alternative payment methods may only be used with Gifinity's express and written consent. The contracting party agrees to receive invoices only electronically.

If the contracting party fails to pay within the agreed period, Gifinity is entitled to charge the statutory interest rate of 8% per month for commercial transactions from the day the contracting party is in default, with part of a month counting as a whole month. The contracting party will also be responsible for extrajudicial collection costs and any damages to Gifinity. Collection costs will be calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs.

If the contracting party is subject to liquidation, bankruptcy, attachment, or payment suspension, Gifinity's claims against the contracting party will become immediately due and payable.

Unless otherwise agreed, Gifinity will deliver goods to either their warehouse or the address specified in the main agreement. If the contracting party is unable to receive the goods due to issues such as not providing necessary shipping information or not paying customs fees, they will be responsible for any additional costs incurred. However, Gifinity reserves the right to waive this compensation.

4. Delivery

Delivery times given by Gifinity are estimates and do not entitle the contracting party to compensation or the right to terminate the agreement unless expressly agreed upon in writing. Late payment may delay delivery until payment is received. Production begins upon written consent on the invoice or price quotation, unless otherwise agreed upon.

 

Force majeure events, including supplier delays, natural disasters, and government actions, release Gifinity from delivery obligations and any liability for late deliveries. Gifinity may terminate or temporarily halt the contract in these situations, and if the force majeure situation lasts for at least 30 days, either party may dissolve the agreement.

Partial delivery is allowed if the remaining goods can be delivered without causing unreasonable costs or expenses for the contracting party. If the packaging is damaged, the contracting party must inform the delivery person or forwarder. If the contracting party arranges for transport themselves, they must report any damage to Gifinity.

Fast Track Delivery is available if agreed upon in writing with a specific delivery date. If the contracting party is unable to receive the goods on the agreed-upon date, they will be responsible for additional costs incurred. If Gifinity fails to deliver on the agreed-upon date due to reasons other than force majeure or contracting party issues, they will compensate the contracting party with 25% of the original invoice as credit towards their next purchase with Gifinity.

5. Transport and Risk Transfer

Unless otherwise agreed in writing, the contracting party shall bear the cost of transportation, including customs and duties.

The contracting party assumes full responsibility for any damages, losses, or delays that may occur during the shipment of the products, whether caused by courier services or mail-order businesses. Although the contracting party may request a specific courier service, they still assume the risk of transport.

The legal provisions governing the risk of accidental destruction, loss, degradation, or damage to the products shall apply.

6. Retention of Title

Gifinity shall retain ownership of all items delivered until the contracting party has made full payment. The products will remain Gifinity's property until all claims against the contracting party, whether currently existing or in the future, have been fully satisfied, irrespective of legal justifications. Any claims arising from the sale of products that remain the property of Gifinity shall be automatically transferred to Gifinity. In the event of non-payment, Gifinity reserves the right to sell the products to a third party, and the contracting party shall have no right to seek reimbursement or compensation in such a case.

7. Obstacles or delays that affect performance

If Gifinity is unable to fulfill its obligations due to an event of force majeure or any other obstacles that make performance excessively difficult, Gifinity may terminate the agreement. Gifinity will inform the contracting party promptly of any such event. The contracting party's right to terminate the agreement due to impossibility of performance will be governed by applicable law.

If Gifinity is unable to deliver the contractual products due to a supplier's failure to fulfill its contractual commitments to Gifinity, and if Gifinity has taken reasonable steps to rectify the situation, Gifinity may terminate the contract without any fault of its own.

8. Acceptance and Challenge of Items and Warranty

Gifinity guarantees that the products it provides are free of defects and meet the promised quality, but this guarantee must be explicitly stated. The warranty only covers defects caused by faulty manufacturing, construction, or materials, and does not apply to normal wear and tear, accidents, modifications, negligence, or incompetent use by the contracting party. The contracting party is responsible for inspecting the product immediately upon delivery and reporting any defects to Gifinity within one week of discovery, otherwise the lack of complaint is considered acceptance of the item. If defects are discovered after acceptance, the contracting party or a third party has one week to report the defect. The contracting party cannot refuse delivery for minor defects. If there are defects in parts of the item, the contracting party is entitled to a price reduction, but not replacement or monetary compensation. Gifinity has the right to inspect the item and offer a repair, exchange or refund if defects are reported within the time limit. The contracting party can only terminate the agreement if Gifinity has failed to perform its obligation after two reasonable attempts or has refused to do so. Information provided by Gifinity regarding the product's performance, visual illustrations, dimensions, and technical specifications are approximate and should not be considered exact. Minor color variations cannot be considered a defect. The contracting party cannot use minor deviations as a basis for refusing payment, claiming damages, refusing products, or terminating the contract.

9. Liability and Indemnity

Gifinity's liability for any damage or expense suffered by the contracting party is limited to cases where such damage was caused intentionally or through gross negligence. Gifinity cannot be held liable for indirect damages, such as consequential damages, lost profits, missed savings, or damages to third parties.

In the event of liability, Gifinity's liability is limited to the typical amount for such a contract and to the amount that could have been reasonably anticipated at the conclusion of the contract. Liability is also limited to the amount paid out by any (professional) liability insurance taken out, and in the absence of (full) payment by an insurance company of the claim, liability is limited to the (part of the) invoice amount to which the liability relates.

The contracting party warrants that it owns the rights to copy and reproduce the data submitted and that all materials submitted to Gifinity do not violate third-party rights. The contracting party must indemnify Gifinity from all claims and damages brought against Gifinity in case of infringement of third-party rights, as well as from the costs of legal defense in the event of a violation of third-party rights by fulfilling an order.

10. Right to Withdrawal and Right to Cancel or Terminate

Gifinity retains the right to terminate the contract under certain circumstances. If the contracting party fails to pay outstanding amounts or provide print data without reasonable cause, or if the provided print data violates legal provisions or contains racist, sexist, xenophobic, or similar content, Gifinity may terminate the agreement. In such cases, the contracting party must pay Gifinity a compensation fee equal to 30% of the order's amount.

Entrepreneurial contracting parties do not have the option of voluntary withdrawal. However, consumers are entitled to a statutory right of withdrawal, allowing them to cancel or return their order within 14 days of delivery without giving any reason. To exercise this right, the consumer must inform Gifinity via email within the 14-day period and return the items at their own expense. Gifinity will refund the purchase price, except for customized or tailored goods.

Contracting parties may cancel or terminate the contract but must pay a compensation fee of 55% of the original price quotation, excluding shipping, warehousing, and customs fees, if included.

11. Storage of goods

Gifinity offers free storage of goods purchased and paid for by the contracting party for a period of two weeks. If the goods remain in storage beyond the two-week period, Gifinity may continue to store them for up to two years for a one-time flat fee. The fee for this service is available on Gifinity's website. However, after two years, Gifinity cannot guarantee that the goods will be stored any longer if the contracting party has not requested them. In such cases, Gifinity is not obliged to compensate or refund the items.

12. General Provisions

12.1 Copyright

The purchase of an item from Gifinity does not transfer intellectual property rights unless specifically stated in writing. All designs, models, sketches, and other products created by Gifinity remain the sole property of Gifinity and may not be used or reproduced without express permission.

12.2 Applicable Law

Any dispute arising under, out of, or connected to this Agreement shall be submitted to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region ("HKSAR"). Any agreement is governed by, and shall be construed in accordance with the laws of the HKSAR, which shall be deemed to be the proper law hereof.

12.3 Language

These General Terms and Conditions are written in English, and English is the controlling version in case of any discrepancy or inconsistency.

12.4 Changes or Deviations to the General Terms and Conditions

Gifinity reserves the right to deviate from these terms and conditions or any contract, provided that such deviations are made in writing. Gifinity also reserves the right to change these General Terms and Conditions. The continued use of Gifinity's website constitutes acceptance of the new terms, and it is the responsibility of each contracting party to review these terms regularly.

12.5 Invalidity of Some Provisions

If any provision of these General Terms and Conditions is found to be invalid, the validity of the remaining provisions shall remain unaffected.

12.6 Headings

Section and subsection headings are for convenience of reference only and do not affect the interpretation or meaning of this Agreement or its provisions.

12.7 Use of Service

Gifinity reserves the right to block or refuse service to any user at any time and for any reason.