Introduction
The website www.testoni.com (the “Website”) is operated by A Testoni Hong Kong Limited (hereinafter "Testoni", “we” or “us”), a Hong Kong company located at 2/F PopOffice, 9 Tong Yin Street, Tseung Kwan O, New Territories, Hong Kong and registered under number 08900941. Testoni may be contacted by email at: customerservice@testoni.com.
Kindly review the ensuing terms and conditions (referred to as the "Terms and Conditions") thoroughly prior to placing any product order on this Website. Any order made through this Website will be governed by these Terms and Conditions.
Testoni retains the right to modify these Terms and Conditions at any time without prior notice. We recommend reviewing the most recent version of the Terms and Conditions before placing an order. By ordering products after we have made changes to these Terms and Conditions, you acknowledge your acceptance of the updated terms.
The products displayed on our Website are intended for sale exclusively to individual end buyers. These buyers must be natural persons who are purchasing the products solely for personal use and not for any direct commercial purposes.
By making a purchase through this Website, you affirm that you are at least eighteen (18) years of age and possess the legal capacity to enter into binding agreements.
Product Offerings
Order and acceptance
Order process
After selecting the product you desire to order, simply click on the "Order now" or "Pre-order now" button. This action will add the selected product to your virtual "Shopping Bag". You can easily keep track of your chosen products by clicking on the "Shopping Bag" button, where you have the flexibility to add or remove items as needed.
Once you have finalized your selection and would like to verify the items in your "Shopping Bag", simply proceed to the "Checkout" section and follow the provided instructions. During this process, you will be prompted to enter your name, email address, telephone number, and delivery address.
Payment process
After providing the required information and confirming its accuracy, the total price of the products along with any applicable charges will be displayed automatically. Please carefully review this selection to ensure its accuracy before proceeding to confirm the order. If you are satisfied with the chosen products and the displayed price, kindly click on the "Continue to payment" button. At this stage, you will be prompted to enter your payment details. It is important to note that by clicking on the "Continue to payment" button, you are placing a binding order for the products in your Shopping Bag.
Payment for all orders must be made at the time of placing the order. We offer a variety of payment methods to choose from, including Visa, Mastercard, American Express, Apple Pay, Union Pay, WeChat Pay, and Alipay.
Order confirmation
The successful completion of an order is confirmed by Testoni through a confirmation email. However, it's important to note that this confirmation email does not constitute acceptance of the customer's order by Testoni. All orders are subject to availability and acceptance. We reserve the right to decline an order for various reasons, such as if (i) products displayed on the Website are no longer available, (ii) there is a manifest price error with the products shown on the Website, (iii) we are unable to obtain payment authorization for your order, or (iv) shipping restrictions apply to a specific product.
In the event that we are unable to fulfil your order, we will promptly notify you of this situation and provide a reimbursement for any amounts already paid for the unavailable products. Our aim is to keep you informed and ensure that you are promptly refunded for any unfulfilled orders.
The purchase contract is considered finalized once you receive confirmation from Testoni that the products have been shipped to you. At this point, the title of the property and the risk of loss and damage associated with the products are transferred to you as the customer upon delivery.
Price
The products are sold at the price listed on our Website at the time of the order. The prices displayed include the delivery costs, which are offered by Testoni. Testoni takes responsibility for paying any applicable customs duties, local charges, or taxes associated with the delivery. Any such fees or taxes will be handled by Testoni, and we will also handle the necessary declarations to the relevant authorities of the delivery country.
Testoni retains the right to adjust its prices at any given time. However, such changes will not affect any orders for which you have already received a confirmation email, unless there is a clear and obvious price error. In the event of a manifest price error, we will promptly notify you of the issue. You have the option to cancel your order if we inform you of the error.
Delivery, returns and reimbursements
Inspection and defects
Intellectual property
Testoni holds ownership and/or authorized usage rights to all trademarks, service marks, design marks, patents, copyrights, database rights, and other intellectual property (referred to as "Intellectual Property") associated with the Website and its products. Your use of the Website does not grant you any rights, titles, interests, or licenses to any of these Intellectual Property rights. Except as expressly permitted in these Terms and Conditions, any use or reproduction of the Intellectual Property is strictly prohibited. Specifically, you are prohibited from copying or reproducing the Website or any part thereof, including the product photos.
Limitation of liability
Subject to applicable law, both parties' liability is limited to losses that are typically associated with this type of contract and were reasonably foreseeable at the time the sales contract was entered into. These Terms and Conditions do not seek to exclude or limit either party's responsibility for loss or damage in cases where such exclusion or limitation would be unlawful. This includes instances of death or personal injury caused by a party's failure to exercise reasonable care and skill, as well as cases of gross negligence or willful misconduct.
Force majeure
In the event that either Testoni or the customer experiences a delay or failure to fulfill their obligations under these Terms and Conditions due to circumstances beyond their reasonable control, including but not limited to strikes or labor disputes, embargoes, epidemics, diseases, natural disasters, governmental provisions, wars, fires, floods, explosions, or popular movements, neither party shall be held liable to the other. It is important to note that this provision does not authorize the customer to neglect their payment obligations. The existence of a force majeure event justifies the temporary suspension of the obligations of the affected party. However, if the duration of the delay exceeds sixty (60) calendar days from the commencement of the force majeure event, either party may terminate the relevant order immediately by providing written notice to the other party.
Protection of personal data
Testoni's Privacy Policy outlines the conditions under which we handle any personal data collected from you or provided by you (e.g., during product purchases) in accordance with the GDPR n° 2016/679, Personal Data (Privacy) Ordinance (Chapter 486 of Hong Kong Ordinances), and relevant local legislation.
To exercise your rights, such as the right of access, rectification, deletion, opposition, and others, you can contact us via email at customerservice@testoni.com.
We want to inform you that we are not authorized to handle personal data related to health or sensitive personal data that require specific security obligations for their processing. We encourage you to review our Privacy Policy regularly to familiarize yourself with all the provisions regarding the collection and processing of your personal data. You can access our Privacy Policy by clicking on the "Privacy Policy" link on our website.
Severability
Whenever possible, the provisions of these Terms and Conditions will be interpreted in a manner that makes them valid and enforceable under the applicable law. If any provision of these Terms and Conditions is deemed invalid or unenforceable by a court or administrative body of competent jurisdiction, it will not affect the validity or enforceability of the remaining provisions, which will continue to be in full force and effect. The parties agree to make reasonable efforts to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the same objective as the invalid or unenforceable provision.
Applicable law and jurisdiction
These Terms and Conditions shall be governed and interpreted in accordance with the laws of Hong Kong. Any dispute arising from or related to the use of the Website, the purchase of products, and/or these Terms and Conditions will be subject to the non-exclusive jurisdiction of the Hong Kong Courts. However, it is important to note that as a consumer, you retain the right to bring legal actions against Testoni before the local courts in your country of residence, in accordance with applicable laws and regulations.