Website Terms of Use

This section contains the Terms of Use of this website. By accessing this website at www.fxcreations.com and any of its pages, you are agreeing to be bound by these Terms of Use. This website is owned and powered by FX Creations International Ltd., its holding company and/or any of its fellow subsidiaries and affiliates. Any reference in these Terms of Use to this website, www.fxcreations.com, “we”, “us”, “our” and “ours” shall include reference to FX Creations, its holding company and/or its fellow subsidiaries, affiliates, agents and employees. You are recommended to read our privacy policy statement as well at our website.

You are welcome to visit our website at www.fxcreations.com anytime as your online and one-stop shop for buying and consuming our products and services.


Use of Information and Materials

Our website may only be used as a shopping information centre or to conduct online search and communication. Nothing in our website can be regarded as an offer or solicitation to sell or offer to sell any products in any country to any person to whom it may be unlawful to make such an offer, invitation or solicitation in such country.

You should not distribute, display, exhibit, produce or otherwise commercially exploit our website wholly or any part thereof whether by way of retransmission, dissemination, sale, broadcast, circulation, republication, reproduction, amendment or re-direction by using “framing”, “hypertext linking” or other similar technology or device.

The online communication attributes of our website may only be used for lawful and proper purposes. You should not post or transmit any material which is offensive, defamatory, harmful, obscene, threatening, objectionable or likewise whether intentionally or not at our website. We reserve the right (but without the obligation or liability) to delete any such material found at our website whether wholly or in any part thereof and to report the matter to the relevant government, enforcement and/or regulatory authorities without prior notice.


Copyright and Trademarks

FX Creations, its holding company and/or its fellow subsidiaries and affiliates own the trademarks, logos and service marks displayed on our websites which cannot be used, copied or otherwise exploited, except with our prior written consent. Unless otherwise stated, all other trademarks, logos, service marks, product names and company names appearing on our websites are the property of their respective owners.

Materials on our website, including, but not limited to, its web page design, function, text, graphics, logos, button icons, images, photographs, computer software, audio and video film clips, and any other materials and derivatives incidental thereto, are protected by copyright. No part of materials on our website may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial, non-commercial or other public purposes without our prior written consent.


Purchase & Registration

You are required to provide us information including name, shipping address, email address, as well as your payment information such as Credit Card/PayPal information in order to make a purchase. You are responsible for maintaining the confidentially of your account information such as your username and password. You are to inform us immediately if you have any reason to believe that your account has been hacked.


Shipping Information and Exchanges & Return

Terms of order for our products are set out in the Shipping Information and Exchange& Return webpage. All orders for our products placed with us are and shall be subject to the aforesaid terms of order.


Order Cancellation

If you placed a purchase order on our website but decided to cancel it, please contact our customer service team on [email protected] as soon as possible so we can stop your order from being dispatched. If your paid item has been sent out, we are unable to cancel the order.


Coupon & Promo Code

Promo code and coupon code cannot be replaced by cash alternative. They cannot be used with any other promotion codes or offers and must be redeemed by the due date. Please note that coupon code and promo code are for selected items only .FX Creations reserves the rights to modify them at any time.


Linked Websites

FX Creations, its holding company and/or its fellow subsidiaries and affiliates is not and shall not be responsible for any webcasting or any other form of transmission received from any linked site or the contents available on or the set-up of any other websites linked to this website. Access to and use of such other websites is at your or user’s own risk and subject to any terms and conditions applicable to such access and/or use. We provide such links only in an attempt to be helpful but by providing such link to other websites, we do not, and shall not be deemed to, endorse, recommend, approve, guarantee, or introduce any third parties or the services or products they provide on their websites or have any form of cooperation with such third parties or websites. We are not a party to any contractual arrangements entered into between you and the provider of the external website unless otherwise expressly specified or agreed to by us.


Email

Email messages sent to and from us over the Internet cannot be guaranteed to be completely secure. We are not responsible for any damages incurred by you if you send a message to us, or if we send a message to you at your request, over the Internet. We are not responsible in any way for direct, indirect, special or consequential damages arising out of the use of this website.


Downloading

We do not represent or warrant that this website will be available and can meet your requirements, that access will not be interrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You are responsible to take out and maintain adequate protection and back-up of data and equipment and to undertake all reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We make no representation or warranty regarding the accuracy, functionality or performance of any third party software that may be used in connection with this website.


No Resale

All products sold at our website are for customers’ private use only and shall not be commercially resold or otherwise exploited. We may reject or refuse to take any purchasing order which is suspected to be bought for commercial resale or otherwise exploitation.


Title to Products, Import & Export of Products

Title of our products passes to customers upon delivery. All risks of loss of or damage to our products while in customers’ possession shall be borne by customers absolutely. We deliver customer’s order of our products to customers or to the order of customers under customers’ instructions. If we are asked to deliver customers’ order to any country or city outside Hong Kong, customers may be required to pay customs duties, taxes and other levies, or to obtain certain license, permit and clearance or apply for registration of customers’ purchased products according to the applicable local rules, regulations and other requirements at the delivery destination or stopover or transfer point.

Such customers’ obligations to pay customs duties, taxes and other levies, and other fees or charges, to obtain license, permit and clearance, and to comply with the applicable local registration requirements, rules, regulations and other requirements shall be imposed by and determined according to the relevant local government, enforcement and/or regulatory authorities at the delivery destination, stopover or transfer point which are completely beyond our control. We shall not assume the aforesaid customers’ obligations nor shall we accept any liability or responsibility in any circumstances for any customers failing to observe or abide by any such customers’ obligations or any applicable local laws, rules, regulations and other requirements at the delivery destination, stopover or transfer point.

If any customers’ order of our products is seized by any relevant local government, enforcement and/or regulatory authorities at the delivery destination, stopover or transfer point, it is at all times the customers’ obligation at their own cost and expense and in their sole discretion whether to discharge their customs clearance and seizure clearance with or to answer the relevant requisitions raised by the relevant local government, enforcement and/or regulatory authorities. In any event, such customers shall be solely responsible for all losses, liabilities and consequences whatsoever howsoever arising from or in relation to our delivery of the customers’ order of our products under the customers’ instructions.

By placing and completing the customers’ order(s) form with us, the customers acknowledge receipt of and irrevocably agree to be bound by the terms and conditions set out in our website and therein, and to be responsible to pay customs duties, taxes and other levies, or to obtain certain license, permit and clearance or apply for registration of customers’ purchased products according to the applicable local rules, regulations and other requirements at the delivery destination or stopover or transfer point.


No Warranties

Whilst every care has been taken in preparing the information and materials contained in this website, such information and materials are provided “as is” without warranty of any kind and nature, express or implied. In particular, no warranty regarding title, implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of intellectual property rights or third party rights, security, accuracy or freedom from computer virus is given in connection with such information and materials. In addition, we make no warranty that the information and materials contained in this website will meet your requirements or your access to this website will be uninterrupted, timely, secure or error free. We make no warranty regarding any goods and services purchased or obtained directly or indirectly thought this website.

In an attempt to be helpful and as a matter of convenience, this website is only providing you with a venue or platform for the purchase of the products at this website and we accept no liability for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profit or intangible loss) whatsoever howsoever arising from or relating to your use of this website, or any information and materials contained in this website, or use of any of the products purchased from this website. Please carefully read all information, prescriptions, warranties and warnings as appropriate 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. If you are in doubt, you should consult registered medical practitioners and other professional consultants. We accept no liability for the accuracy, completeness, reliability, fitness for a particular purpose or quality of such products or reliability of any such information and materials provided by any manufacturer owner or seller of such products. Whilst every care has been taken in getting the colours and images of the products being displayed in this website as accurately as possible, we do not warrant nor can we accept any liability where the colours and images of the products being displayed by your computer screen or monitor tally with or are corresponding to the real items. It is absolutely your responsibility and obligation to evaluate such information and materials and make your own judgment independent of us.


Indemnity and Limitation of Liability

You shall at all times indemnify, defend and hold us effectively indemnified from and against all claims, actions, proceedings, actual or anticipated losses, damages, costs and expenses (including reasonable legal fees) whether direct, indirect or consequential, whatsoever howsoever arising from or in relation to any breach by you of these Terms of Use or any of your acts in connection with your use of this website. You hereby expressly agree to waive any and all claims that you may have against us for any loss or damages you may suffer in relation to your use of this website. In the event that any of our disclaimers set out herein is not enforceable, our liability in aggregate for losses or damages whatsoever to you shall not exceed the amount that you paid to us for such particular service or product upon which liability is based.


Our Privacy Policy

You agree to our collection and use of your personal data and information pursuant to our privacy policy.


Termination

We may at any time terminate or suspend your access to this website wholly or in any part thereof without prior notice for any conduct that we may in our absolute and sole discretion consider that you are or have been in violation of these Terms of Use and/or any applicable law, statute or regulation.


Variations of Terms

These Terms of Use, including, but without limitation, the Terms of Order set out in the Shipping Information and Exchanges & Return webpage may be varied and/or supplemented from time to time without prior notice. You should read these Terms of Use in conjunction with the Terms of Order and any other relevant information in this website before you place any order.


Affiliate Terms

FX Creations is willing to authorize any individual or legal entity (the Affiliate) to participate in the FX Creations Affiliate Program (Program) who accepts the FX Creations Affiliate Program conditions mentioned here. The Program aims to drive traffic to fxcreations.com online stores with the Affiliate receiving commissions based on sales results. By participating in the Program, the Affiliate agrees to the following terms and conditions:

  1.  That the Affiliate’s relationship with fxcreations.com is non-exclusive.
  2. Not to use sites under construction and sites that show or cause any type of error.
  3. Not to operate or use website or any digital platforms which contains the following types of content: libelous, defamatory, abusive, violent, bigoted, hate-related, illegal, anti-brand messaging, pornographic, or that offer illegal goods or services.
  4. To comply with FX Creations’ trademark, and other intellectual property criteria and requirements.
  5. To acknowledge that FX Creations owns and will retain all rights, titles, and interests in all FX Creations content, including, without limitation, any proprietary rights which may be developed in the future.
  6.  Not to use any content or images from any FX Creations websites, except for content and images which have been allowed for use by Affiliate. The Affiliate may use the links and/or banner ads FX Creations provides to Affiliate only in the form in which they are provided. The Affiliate may place such links and/or banner ads on own website in whatever location the Affiliate prefers.
  7. Not to promote FX Creations products using spam or unsolicited commercial email.
  8. Not to commit fraud.
  9. Not to use adware and/or malware to promote FX Creations products.
  10. Not to use a web site that is confusingly similar to the official FX Creations website, or which may mislead third parties into thinking the Affiliate is FX Creations or an official partner of FX Creations.
  11. To acknowledge that FX Creations owns and has exclusive rights to any and all customer information which comes into the Affiliate’s possession as a result of, or relating to, the FX Creations Affiliate Program.
  12. To acknowledge that commissions will accrue and only become payable once Affiliate provide relevant personal details, address details, payment information as outlined on the Affiliate Register Page. Commission Fees will be processed on the 15th day after the end of the month in which they are accrued. If the 15th day is a holiday than the payment will be processed on the upcoming working day. Commissions accrued through methods that breach the aforementioned terms will be voided. In this connection, Affiliate account will also be terminated immediately without prior notice. FX Creations will not be liable for any direct or indirect loss or damages caused by this termination.
  13.  Affiliate information provided will be kept confidential and will not be used for any other purposes outside of the program.
  14. To comply with the requirements of the Personal Data (Privacy) Ordinance of Hong Kong, Cap 486 with respect to the management of personal information.
  15. That FX Creations may amend the Terms & Conditions at any time by publishing a new version on the FX Creations website. Continued participation in the Program following the effective date of a new version will constitute the Affiliate’s acceptance of the new version and all amendments. If any amendment made by FX Creations is unacceptable, the Affiliate will acknowledge this by exiting the FX Creations Affiliate Program.
  16. That Affiliate’s participation in the Program is at FX Creations' sole discretion. FX Creations may terminate the Affiliate’s participation in the Program with three (3) calendar days’ notice, or immediately in the case of a breach of the FX Creations Affiliate Terms & Conditions. FX Creations has the sole and final right to determine whether or not a breach of rules occurred. Furthermore, the Affiliate agrees that if the Affiliate is terminated from the FX Creations Affiliate Program for any reason, FX Creations bears no responsibility for any loss or damages caused by any termination from the Program with or without reason.


 Governing Law & Jurisdiction

These Terms of Use is governed by and shall be construed in all respects in accordance with the laws of Hong Kong. You hereby irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong for determining any dispute or matter arising from or relating to these Terms of Use.


Interpretation

These Terms of Use are written and made in both English and Chinese language versions. If there is any conflict or inconsistency in interpretation between the English language version and the Chinese language version or any version or translation of these Terms of Use, the English language version shall prevail.