The terms and expressions used in the General Conditions of Use with a capital have the meaning given below:
« GCU »: refers to these general terms and conditions of use;
« Content »: refers to all the information supplied to Users by HK-Refurbished-Stock.
« Personal Data »: refers to the personal information which the User provided on registration when signing up for the Services offered by HK-Refurbished-Stock (namely, access to an interface enabling the price of used telephones to be assessed and the printing of certain PDF type documents) and/or supplied in the context of using the Services;
« Username »: covers the information necessary to identify a User on the Site to access the Service;
« Hyperlink »: refers to the system of referencing materialised by a word, icon or logo which allows movement, at the click of a mouse, from one document to another on the Site or from one page on a Website to another page on another Site. HK-Refurbished-Stock is not liable for the Content of any Websites accessed through the hyperlinks;
« Password »: refers to confidential information (which the User must keep secret) which when used in conjunction with his Username enables him to prove his identity and access the Service;
« Services »: refers to all the services offered to HK-Refurbished-Stockthrough the intermediary of its Site;
« Site » : refers to the Website supplied to the User by means of the Internet at the URL address http://HK-Refurbished-Stock.com.
« User »: means the private individual using the Services offered by HK-Refurbished-Stock.
In these GCU:
(a) terms in the singular may include their plurals and vice versa;
(b) titles are used for the sake of convenience and should not affect interpretation;
(c) any reference to an agreement, title, deed, contract, general condition of any nature or any other instrument is understood also by reference to any amendment, rewording, addition or any other alteration made to the said agreement, title, deed, contract, general condition of any nature of any other instrument.
The purpose of these GCU is to define the terms and conditions in which first HK-Refurbished-Stock makes the Site available to Users and the Services available on the Site and second, the way in which the User accesses the Site and uses the said Services.
Any connection and/or access to the Site assumes the User’s full and unconditional adherence and acceptance as well as their compliance with all the terms of the GCU.
The User acknowledges that he has read the whole of the GCU displayed and declares that he accepts them unconditionally.
He further acknowledges that he has the capacity to contract.
The GCU will prevail over all other conditions stated in any other document unless an express written derogation provides otherwise. In the case where the User does not wish to accept all or part of the GCU, he is asked to waive all use of the Service.
ACCESSING THE SERVICE
The Service is accessible free-of-charge to any User having Internet access. All costs pertaining to accessing the Service, whether related to hardware, software or Internet access, are exclusively at the User’s charge. He is solely liable for the proper operation of his computer equipment (such as but not limited to, computers, telephone, tablet, software, means of telecommunication, etc.) as well as of his Internet access.
The User declares that he accepts the features and limits of the Website and, in particular, acknowledges:
- his use of the Site is entirely at his own risk and liability; the Site is accessible “as is” and depending on availability;
- any material downloaded by the User or obtain by any other means when using the Site is at his risk and liability; the User is solely liable for any damage suffered by his computer equipment or for any loss of data following downloading this material or visiting the Site;
- it is thus his responsibility to take all appropriate measures so as to protect his own data and/or software from being infected by any viruses that may be circulating on the Site;
- no advice and no information, whether verbal or written, obtained by the User when using the Site is capable of constituting any warranties not expressly provided under the GCU; the User is solely liable for the use he makes of the Contents present on the Site and, accordingly,HK-Refurbished-Stock shall not be liable for any direct or indirect harms arising from use of these Contents;
- he is solely liable for the use of the Site Content containing any hyperlink, HK-Refurbished-Stock declining all liability as to this Content in accordance with the provisions below;
- he is aware of the nature of Internet connection and in particular its technical performance and response times for accessing, searching for or transferring data;
- disclosure of these access codes or generally speaking of any information judged confidential is made at his own liability;
- it falls to him to take all necessary measures to satisfy himself that the technical specifications of his equipment allow him to access the Site Content.
Certain sections of the Site are reserved to Users after identification with the help of their Username and Password. These access codes are personal and confidential, the User undertakes to keep them secret and agrees not to disclose them in any form whatsoever to third parties. Unless proven to the contrary, any connection to the Site or transmission of data made using the User’s access codes will be deemed to have been made by the User. In this respect, it is possible for the User to satisfy himself that when the session is finished he is able explicitly to log off. In case of loss, theft or accidental disclosure of his access codes, the User must inform HK-Refurbished-Stock at the earliest opportunity at the following address: contact@HK-Refurbished-Stock.com
HK-Refurbished-Stock reserves the right to deny access to the Service, unilaterally and without prior notice, to any User failing to abide by these GCU published on the Site.
HK-Refurbished-Stock implements all reasonable means at its disposal to ensure quality access to the Service 24/7, except in cases of force majeure or an event outside its control, but is not bound by any obligation to do so.
HK-Refurbished-Stock therefore cannot guarantee the availability of the Site and/or Services, reliable transmission and performance in terms of response time or quality. There is no provision for technical assistance with respect to the User, whether electronically or by telephone.
Moreover, HK-Refurbished-Stock cannot be liable for any malfunction of the network or its servers or for any other event outside of its reasonable control which might prevent or degrade access to the Service.
HK-Refurbished-Stock reserves the right at any time and without prior notice to interrupt, momentarily suspend or modify access to all or part of the Service and Site, in order to carry out maintenance or for any other reason, without such interruption being entitled to any obligation with regard to or compensation for the benefit of the User. The User acknowledges and agrees that HK-Refurbished-Stockis not liable for interruptions and the consequences that may result for the User or any third party.
The general structure of the Site as well as the text, graphics, images, sounds and videos comprised within it, are the property of HK-Refurbished-Stock or its partners.
The GCU do not entail the transfer of any intellectual property right in favour of the User over the structure and/or Content of the Site. The Content, including the RSS feeds, are accessible to the User in the context of personal, private, non-collective and non-commercial use.
Any representation and/or reproduction and/or partial or total use of the Content and Services offered by the Site by any means whatsoever without the prior written consent of HK-Refurbished-Stock and/or its partners is strictly prohibited and is liable to constitute an infringement under Articles L 335-2 of the Intellectual Property Code.
In addition, the User particularly undertakes not to use the Content in any manner that might impair the rights of HK-Refurbished-Stock and to ensure such use does not constitute infringement or unfair competition or free-loading of the Content.
The marks “HK-Refurbished-Stock”, is registered marks of "HK-Refurbished-Stock". Any representation and/or reproduction and/or partial or total use of these trademarks, by any means whatsoever, is totally prohibited.
In order to respect its User’s private lives,HK-Refurbished-Stock undertakes that the collection and processing of personal information carried out within the Site are done so in accordance with the “Computers and Freedoms” Law act.
In this respect, the Site as been registered with the Chinese Data Protection Authority (CNIL) under number 1688416.
The personal data are collected by HK-Refurbished-Stock which is responsible for processing.
Some personal data are necessary in particular but not limited to creating an account, connecting to the Site or even for meeting the legal obligations incumbent on HK-Refurbished-Stock.
Other data are collected and processed automatically by the fact of the User using the Site. This primarily involves the IP address, the features of the browser, the current language, the software used by the User’s terminal, browsing and connection data, etc.
Audience rating measurements are also carried out by which the number of pages looked at, activity, frequency of return visits to the Site, etc., are measured.
For this HK-Refurbished-Stock has put automatic tracking procedures in place on the Site known as “cookies”; these are small information files which the Site can send to the hard drive of a personal computer for tracking subsequently.
There are different types of cookie:
- session cookies which disappear as soon as the User leaves the Site;
- permanent cookies which remain on the User’s terminal until their lifespan expires or until the User disables or removes them with the help of his browser’s functionalities. Each browser is different thus the User is invited to read the information about his browser to configure it as he wants.
The cookies used on the Site also enable the services and pages which the User has visited to be identified and, more generally, his behaviour when visiting the Site. This information is useful to better personalise the services, content, promotional offers and banner ads which appear on the Site. The maximum period of retention of these cookies on the User’s computer is thirteen (13) months from when they were placed.
HK-Refurbished-Stock authorises some third party corporation to issue their own cookies from the Site; this is the case in particular with third party applications integrated into our media via “share”, “recommend” buttons, etc., originating from social networks like Facebook and Twitter, etc.
HK-Refurbished-Stock informs the User when he visits the Site, that cookies may be installed on his terminal equipment. Thus, by continuing to browse, the User signals his agreement to cookies being stored on his terminal equipment.
PERIOD OF RETENTION OF PERSONAL DATA
The personal data are stored and retained for the whole period of time during which the User retains his account on the Site.
Beyond that, in order to meet the legal and regulatory obligations in particular as regards security, the fight against fraud, etc., the data will not be retained beyond the period strictly necessary for managing the commercial relation and in all cases for no more than one year, except in case of any legal dispute pending.
Data pertaining to bank cards are not held byHK-Refurbished-Stock.HK-Refurbished-Stock holds partial details of Users’ bank cards and retains the same in intermediary archives, in accordance with article F.323-14 of the Monetary & Financial Code, in the event of any dispute over a transaction.
Data pertaining to proofs of identity necessary to exercise the right of access, modification or correction, will be retained for a period of one (1) years in accordance with article 4 of the Code of Criminal Procedure.
ULTIMATE PURPOSE OF THE COOKIES USED
HK-Refurbished-Stock are used in particular but not limited to allowing the User to log onto the Site, to restore the data where the User has not confirmed his basket, to manage the mobile application, enable the chosen language to be retained, etc.
The data collected by means of cookies are transmitted and stored by HK-Refurbished-Stock.com.
HK-Refurbished-Stock uses audience measurement tools. These cookies are stored and read on the User’s terminal equipment.
The data pertaining to the User are processed by computer and destined for:
- To carry out the operations connected with management, in particular the management of User accounts, browsing on Site, etc.
- The compilation of sales statistics, statistics on which pages are read on Sites in order to adapt the Sites;
- To meet the legal and regulatory obligations in particular as regard security, the fight against fraud, etc.
The data collected being subject to computerized processing are destined for HK-Refurbished-Stock.com as well as to companies in the HK-Refurbished-Stock.com Group, as the case may be.
They may also be passed on to partner companies or subcontractors authorised by HK-Refurbished-Stock.com.
HK-Refurbished-Stock and the HK-Refurbished-Stock warrant that they have taken the measures necessary to ensure security of Users’ personal data.
If the User agrees to receive offers from the partners of HK-Refurbished-Stock , the information which the User has communicated may be passed on to third party under contract to HK-Refurbished-Stock.com. The said partners will then be able to communicate their offers to Users. HK-Refurbished-Stock declares all liability as to the use of the User’s personal data by its partners.
When the User browses the Site, the installation and reading of cookies allow in particular, but not limited to, the User to log onto the Site, to restore the data where the User has not confirmed his basket, to manage the mobile application, enable the chosen language to be retained, etc.
The User also has the option of managing the cookies used on the site by configuring his browser as detailed below.
The User has various options for removing cookies.
Each browser is configured differently for managing the User’s choices and the cookies. It is described in his browser’s help menu which will enable him to know how to modify his wishes with regard to cookies.
By way of example:
- for Internet Explorer™ : http://windows.microsoft.com/en-us/windows-vista/Block-or-allow-cookies ;
- for Safari™ : http://www.apple.com/support/?path=Safari/3.0/fr/9277.html ;
- for Chrome™: https://support.google.com/chrome/?hl=en#topic=3227046? ;
- for Firefox™ : https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences ;
The site may contain Hyperlinks to other Websites managed by third parties. Links to these other resources will result in Users leaving the Site.
To the extent that no control is exercised over these external resources, the User acknowledges that HK-Refurbished-Stock assumes no liability relating to the supply of these resources and cannot be held liable as regards their content.
It is possible to create a link to the Site’s splash page without the express authorisation of HK-Refurbished-Stock.
However, HK-Refurbished-Stock reserves the right to request the removal of a hyperlink directing to the Site which it considers does not comply with the purpose of the Site.
LIABILITY OF HK-Refurbished-Stock
Information and/or documents on this Site and/or accessible from this Site are from sources considered reliable.
However,HK-Refurbished-Stock is unable to guarantee technical or typographical accuracy or the relevance of this information and/or documents.
Accordingly, the use of information and Content available over the whole of the Site shall in no case incur the liability of HK-Refurbished-Stock in any capacity whatsoever. The User must use discernment and common sense since he has sole control over how the information supplied to him on the Site is used. HK-Refurbished-Stock reserves the right to collect them, as soon as it has been made aware of these errors.
It is strongly recommended to verify the accuracy and relevance of information and/or documents available on this site.
Information and/or documents available on this site are subject to change at any time, and may have been updated. In particular, they may have been updated between the time they are downloaded and the time the user apprises himself thereof.
In addition, the information made available on this Site is purely for information purposes only and shall in no case amount to advice or a recommendation of any nature whatsoever.
The use of information and/or documents available on this site is at the User’s sole and entire liability; he assumes all consequences arising therefrom, without recourse against or any liability of HK-Refurbished-Stock being incurred in any circumstances.
HK-Refurbished-Stock shall in no event be liable for damage of any nature whatsoever arising from the interpretation or use of the information and/or documents available on this site. The term “use” must be understood in its broadest sense, that is that is to say, any use of the Site whatsoever, lawful or not.
Access to some sections of the Site requires use of a Username and a Password. The Password chosen by the User is personal and confidential. The User undertakes to keep his Password secret and not to disclose it in any form whatsoever. Use of his Username and Password on the Internet is at the User’s risk and liability. It falls to the User to take all the necessary provisions to protest his own data against all attack.
HK-Refurbished-Stock nevertheless undertakes to put all the necessary resources in place to ensure security and confidentiality of the Personal Data transmitted. The User is informed that one or more cookies containing no Personal Data may be placed on his hard drive in order to ensure he can be identified. The Users confirms he is aware of the limitations and constraints specific to the Internet network and in this respect, also acknowledges the impossibility of a total guarantee of security on all data exchanged.HK-Refurbished-Stock will not be held liable for any damage arising from the transmission of any information, including his Username and/or Password via the Service. Generally, the User undertakes to comply with all regulations in force in People's Republic of China.
TERM AND CANCELLATION
The GCU are agreed to for an open-ended period from the time the User uses the Services and the Site.
CHANGES TO THE GCU
HK-Refurbished-Stock reserves the right to modify the conditions and information in the GCU at any time and without notice, in order to adapt them to developments on the Site and/or its operation.
Users are thus advised to check regularly for the latest version of the GCU available on the Site.
RULES OF INTERNET USE
The User declares that he accepts the features and limits of the Internet and, in particular, acknowledges:
- That data circulating on the Internet is not protected, especially against possible diversions.
- The disclosure of any information judged by the User to be sensitive or confidential is done at his risk and liability;
- That he is solely liable for the use of the data that he views, researches and transfers over the Internet, in particular his Personal Data;
- That HK-Refurbished-Stock has no way of controlling the content of services accessible on the Internet.
If any of the provisions of these GCU is ruled void or invalid in regard to any current legislation or regulation and/or a final decision of a court, it will be deemed not written and will not entail the invalidity of the other provisions.
The fact of HK-Refurbished-Stock or of the User not insisting in one or more cases on the strict performance of one or more provisions in the GCU shall not be interpreted as a relinquishment or a waiver thereof or to rely on the application of such provisions in future.
The liability of HK-Refurbished-Stock.com may not be incurred in case of force majeure or events outside of its control.
THE SITE, THE TERMS AND CONDITIONS OF ITS USE AND ITS CONTENT ARE GOVERNED BY CHINESE LAW TO THE EXCLUSION OF ANY RULE ON THE CONFLICT OF LAWS REGARDLESS OF THE PLACE OF USE. IN CASE OF ANY DISPUTE AND AFTER ALL ATTEMPTS TO FIND AN AMICABLE SOLUTION HAVE FAILED WITHIN A REASONABLE PERIOD, THE CHINESE COURTS WITHIN THE JURSIDCTION OF THE SHENZHEN COURT OF APPEAL SHALL BE SOLELY COMPETENT TO HEAR THIS DISPUTE.
IN THE EVENT THE GCU ARE TRANSLATED INTO ONE OR MORE LANGUAGES, ONLY THE CHIENSE TEXT SHALL PREVAIL IN THE EVENT OF DISPUTE.
For any query relating to these GCU, the User may write to the following address: contact@HK-Refurbished-Stock.com.