The boring but necessary legal stuff you need to know:
Schtinky Dog - Terms & Conditions of Sale [ T&C’s ]
These Schtinky Dog terms and conditions ( “the Terms” ) govern the users ( “you” or “your” ) use of our website www.schtinkydog.com ( “the website” ) and your relationship with Nigel R Merritt and Associates Limited ( operating as www.schtinkydog.com ) whose registered office is at 1014 Houston Centre, 63 Mody Road, Tsim Sha Tsui East, Kowloon, Hong Kong. Please read these T&C’s carefully and thoroughly as they may affect your rights, responsibilities and liabilities. If you do not agree to these T&C’s, please do not access or use our Website. If you have any queries regarding these T&C’s then please contact us.
By accessing the website you agree to be bound by these T&C’s.
We reserve the right to:
update these T&C’s from time to time and any changes will be notified to you via a suitable announcement on our website. It is your responsibility to check for any such changes. Any changes will apply to the use of the website immediately we have given such announcement. If you do not wish to accept the new T&C’s you should not continue to use the website. If you continue to use the website after the date on which the change comes into effect, your use of the website indicates your agreement to be bound by the new T&C’s.
You agree that:
any personal information that you are required to provide to access or operate the website is true, accurate, current and complete in all respects and you are not impersonating any other person or entity. You will notify us immediately of any changes to your personal information by contacting us on firstname.lastname@example.org.
Any products purchased by you from our website are for private and domestic use only and shall not be for re sale.
When you shop on this website, we may ask you to input certain personal information in order for us to service your requirements, such as your name, e-mail address, billing address, delivery address, credit card or other payment information details. We confirm that this information will be held by us in accordance with the relevant Data Privacy Acts and will not be passed on to any >3rd party without your written consent.
To ensure that your credit, debit or charge card is not being used without your consent, validation of your name, address and other personal information supplied by you during the order process maybe checked via databases available to the Shopify ecommerce platform.
We take the risk of internet fraud very seriously. With the amount of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied and via the Shopify ecommerce platform. You may be contacted to undertake additional security checks and we ask for your co-operation to enable us to complete them.
Our website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding our website and its use.
You agree not to upload or transmit through the website:
any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of our website and any material which is defamatory, offensive or of an obscene nature
You agree to fully indemnify, defend and hold us, and all of our staff, directors, employees and suppliers, on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these T&C’s by you, or any other liabilities arising out of your use of this website or any other person accessing the website using your personal information.
Our website may from time to time include links to other websites or material which is outside of our control. We are not responsible for such websites or material nor do we endorse them, but their content is reviewed by us. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites, nor for any damage, loss or offence caused or alleged to be caused in connection with the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail ( or by other means if no e-mail address has been provided ) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all 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 liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
The products sold on the Website are not for re-sale or distribution. You are limited to a purchase of 4 items of any one product at any one time. We reserve the right to cancel orders and / or suspend accounts where we believe products are being ordered in breach of this provision.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
After you have purchased the goods from us as a consumer ( ie: for private use as opposed to business use ), please note that you are entitled to cancel any contract completed with us within 7 days from the day after receipt of the goods.
If you do wish to cancel a contract pursuant to this clause then:
you must notify us by contacting us in writing or via E-Mail to:
Schtinky Dog, 1014 Houston Centre, 63 Mody Road, Tsim Sha Tsui East, Kowloon, Hong Kong or email@example.com
You must retain possession of the goods and ensure that they are kept in exactly the same condition as they were when they were either delivered to you or were purchased via an external establishment and until such time as the goods are either collected by us or delivered back to us by you, either directly or via a distributor / retail establishment.
We will notify you when we wish to collect the goods. The goods will be collected by us within 28 days of our receiving your cancellation notice and we will charge for the cost of collection of the goods and will deduct this said amount from any sum owed by us to you.
We will refund any monies you have paid to us within 30 days of receipt of your cancellation notice and / or receipt of the goods. You also have the option to return the goods to us at your cost and account.
For further information about cancellations and returns, please see our returns policy.
Our Returns Policy should be read separately from our cancellation policy and forms part of and must be read in conjunction with our Terms and Conditions of Sale. We reserve the right to change our Returns Policy at any time. This Returns Policy was last updated on 01/07/2014.
It is important that you check your order or items upon receipt and always before use. If any errors occur or issues arise then these need to be reported to us immediately enabling us to investigate the matter.
Before attempting to return an order you will need to contact our customer service team via e-mail on firstname.lastname@example.org to request a returns authorisation code. Without this code it can be difficult to process your return meaning the process could take longer.
Your statutory rights
Our Returns Policy does not affect your statutory rights.
Can I return a Schtinky Dog product?
Our returns policy gives you 7 days to cancel your order and arrange a return. This policy starts on the day after you receive the goods. Please ensure the items you are returning are unopened and in any original packaging. Unwanted goods need to be in pristine condition with any retail seals unbroken. If you have already returned an item for any reason and have received a replacement then you also have the right to cancel this replacement product within 7 days. This policy starts on the day after you receive the goods. A refund would be processed on return of the replacement item.
What should I do if I receive an incorrect item?
We have high standards when it comes to packaging and dispatching your order however mistakes do occur from time to time. Please accept our apologies if you have received an incorrect item. As part of our customer objectives, we will do our upmost to resolve your query with speed, ease and with absolute minimal inconvenience.
We will review each case individually when considering the return of the product. In some cases we may require further information from you such as images so we can choose the best course of action. Our aim is to provide the best solution for you as quickly as possible. What should I do if my item is received damaged?
Although we take care to prevent any damage to your goods during transit it is possible that damage may happen. Please accept our apologies if you have received a damaged item. We ask that you do not refuse delivery, instead accept the goods and contact us immediately. Refusal may result in a delay of any claim being settled.
You can contact us via E-Mail on email@example.com. Please attach any images you have of the damaged product. A member of our team will review the details and offer the best resolution to resolve your query.
How do I report a fault with my product?
Please accept our apologies if you believe there is a fault with your item, we take all complaints regarding the quality of our products seriously and we will need to investigate the reported fault in more detail. In order to do this we ask that you contact us via E-Mail on firstname.lastname@example.org. Please provide details of the fault and where possible attach pictures to any sent E-Mail.
How do I arrange a return?
Please contact our Customer Service team to arrange your return.
We will need to know your order number, the item you want to return and the reason for the return. Upon receipt of these details we will provide you with a returns authorisation code and all the necessary information to arrange the return.
Please package the item securely and ensure our returns authorisation code is written down inside the package
You will need to obtain a proof of postage receipt when returning the item to us. Proof of postage does not cost anything but without it we may not be able to process your refund or replacement in the rare event that your item is lost in transit.
If you request a replacement and the product is no longer available, we will process a refund back to the original account used to purchase the item.
Any item you have accepted and then returned is your responsibility until it reaches our warehouse. Please therefore ensure that you send your item back to us using a delivery service that insures you for the value of the goods. How is my return processed?
All products returned to us are checked by our Returns Department upon receipt.
Returns are usually processed within 14 working days of receipt and at the latest within 30 days.
If the returned item is to be refunded then we will process the refund back to the original account used to purchase the item.
If the returned item is to be replaced then you will receive a dispatch confirmation email once it is on its way to you.
Will my postage costs be refunded?
We are more than happy to refund postage costs where the return is required due to our error. For instance:
If we sent you the wrong item
If the item is damaged or faulty
Where you are returning a substitute item which you do not want to keep
We will not refund postage costs for items where the goods are unwanted or no longer required. These costs will need to be covered by you, again we recommend using a delivery service that insures you for the value of the goods.
We will not refund postage costs for any item returned due to reported damage or fault where no error was found in the testing process. Costs of posting the item back to you will depend on the item and will be communicated to you after the testing process has been completed.
If you are not satisfied with the way in which we have handled the return or replacement of any item, we want to hear about this. Our aim is to resolve the matter for you and ask that you please contact our customer service representatives at email@example.com or by post at Customer Services, Schtinky Dog, 1014 Houston Centre, 63 Mody Road, Tsim Sha Tsui East, Kowloon, Hong Kong.
All Schtinky Dog products are covered by warranties and guarantees. Please refer to each product for specific information regarding applicable warranties and guarantees for said products.
All prices shown are inclusive of relevant sales tax ( where applicable ) and are correct at the time they are entered on to the website. We reserve the right to change prices at any time and updated pricing on the website will take immediate effect.
Orders shipped to some countries worldwide may be subject to import duties and other taxes ( including additional sales taxes ) which are levied once a delivery reaches the destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
Please note that when shipping goods around the world, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
Payment can be made by various major credit or debit cards or via a PayPal account. Payments will be debited and cleared from your account before the dispatch of your goods.
In the unlikely event that the price shown on the website is shown to be incorrect, and we discover this before accepting your order in accordance with clause 10, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit, debit card or PayPal account that is being used is yours or that you are authorised to use it. All credit / debit cardholders may be subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
To be eligible to purchase goods on our Website and lawfully enter into and form contracts on this Website under Hong Kong law you must:
Be an individual and be 18 years of age or over and register your true name, address, telephone number, e-mail address and any other such details requested by us.
By offering to purchase goods from us you are confirming to us that you are 18 years of age or over and authorise us to transmit information ( included updated information ) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
The content of our Website is protected by copyright, trade marks, database and other intellectual property rights [ ipr ] and you acknowledge and confirm that the material and content supplied as part of the Website shall remain with us or our / any licensors at all times.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk ( but not any server or other storage device connected to a network ) or print a copy of such content for your own personal use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content of our Website.
If you submit a review of any description to us, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant Schtinky Dog and any sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to Schtinky Dog, including the execution of deeds and documents, at the request of Schtinky Dog.
You represent and warrant that you own or otherwise control all of the rights to the content that you may submit: that as at the date that the content or material is submitted to Schtinky Dog:
- The content and material is accurate
- Use of the content and material you supply does not breach any applicable Schtinky Dog guidelines and will not cause injury to any person or entity ( including that the content or material is not defamatory ). You agree to indemnify Schtinky Dog for all claims brought by a third party against Schtinky Dog arising out of or in connection with a breach of any of these.
Not with standing any other provision in the Terms and conditions, nothing in these Terms and conditions:
affect or limit your rights as a consumer under Hong Kong law
will exclude or limit our liability for death or personal injury resulting from our negligence.
Our Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Website with any of your equipment, software or telecommunications
- technical problems including errors or interruptions of the Website:
unsuitability, unreliability or inaccuracy of the Website; and
failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages ( both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data ) or any other indirect, special or punitive damages whatsoever that arise out of or are related to our Website.
If any part of the Terms and conditions shall be deemed unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms and conditions and shall not affect the validity and / or enforceability of any remaining provisions of these Terms and conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. These Terms and conditions form the entire basis of any agreement reached between you and us.
These Terms shall be governed by and construed in accordance with the laws of Hong Kong and any disputes will only be decided by Hong Kong courts.