Terms of Service
Terms of Service
Overview
Welcome to TheWishPost. The terms “we”, “us” and “our” refer to TheWishPost. TheWishPost operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
The below Terms of Service, together with any policies referenced herein (these “Terms” or “Terms of Service”), describe your rights and responsibilities when you use our Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any minor dependents under your care to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping details.
You represent and warrant that all information you provide to us is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide accurate descriptions and representations of our products and services in our online store.
However, please note that product colors, appearance, or details may differ slightly from how they appear on your screen due to your device type, display settings, and configuration.
While we strive to ensure product quality, actual products may vary slightly due to manufacturing processes, material differences, or display settings.
All product descriptions, pricing, availability, and specifications are subject to change at any time without notice at our sole discretion.
We reserve the right to discontinue any product at any time and may limit quantities of products available to any person, geographic region, or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. TheWishPost reserves the right to accept or decline your order for any reason at our discretion.
Your order is not accepted until TheWishPost confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order has been accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing information, and/or phone number provided when the order was placed.
Your purchases are subject to return or exchange only in accordance with our Return & Refund Policy.
You represent and warrant that purchases made through our store are for personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice.
The price charged for a product or service will be the price displayed at the time the order is placed and will be confirmed in your order confirmation email.
Unless otherwise stated, displayed prices do not include applicable taxes, shipping fees, handling fees, customs duties, or import charges.
Prices displayed on our online store may differ from prices offered through third-party sellers or other sales channels.
We may offer promotions from time to time that are subject to separate terms and conditions. If there is any conflict between promotional terms and these Terms of Service, the promotional terms will apply.
You agree to provide accurate, complete, and current purchase, payment, and account information for all transactions made through our store.
You represent and warrant that:
- The payment information you provide is true, accurate, and complete.
- You are authorized to use the payment method provided for the purchase.
- Charges made through your payment method will be honored by your payment provider.
- You agree to pay all charges incurred at the posted prices, including applicable shipping fees, handling charges, taxes, and other applicable costs.
You also agree to follow any terms of service provided by third-party payment processors, such as PayPal, Stripe, or other payment providers used to complete your transaction.
TheWishPost is not responsible for any issues, errors, or security incidents resulting from the actions or systems of third-party payment processors.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery timeframes provided are estimates only and are not guaranteed delivery dates.
We are not responsible for delays caused by shipping carriers, customs processing, weather conditions, or events outside of our reasonable control.
Once products have been transferred to the shipping carrier, responsibility for loss or damage during transportation may transfer according to applicable shipping terms.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brand elements, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement of such materials, are owned by TheWishPost, its affiliates, or licensors and are protected by applicable intellectual property laws.
These Terms allow you to use our Services for personal, non-commercial purposes only.
You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials from our Services without prior written permission from TheWishPost.
Except as expressly provided in these Terms, nothing grants you any license or rights under any patent, trademark, copyright, or other intellectual property rights belonging to TheWishPost, Shopify, or any third party.
Unauthorized use of our Services may violate applicable intellectual property laws.
TheWishPost names, logos, product names, service names, designs, and slogans are trademarks of TheWishPost or its affiliates or licensors.
You may not use these trademarks without prior written permission from TheWishPost.
Shopify names, logos, product names, service names, designs, and slogans are trademarks of Shopify.
All other names, logos, product names, service names, designs, and slogans appearing on our Services belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools as part of our Services. These tools are provided by external providers that we do not monitor, control, or manage.
You acknowledge and agree that access to such tools is provided on an “as available” and “as is” basis without warranties, representations, or conditions of any kind.
TheWishPost shall have no liability arising from or related to your use of optional third-party tools.
Any use of optional tools provided through our website is entirely at your own risk and discretion. You should review and approve the terms provided by the relevant third-party providers before using such tools.
We may introduce new features, services, tools, or resources in the future. Any new features added to our Services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Services may contain materials or links to third-party websites, services, or functionality.
TheWishPost is not responsible for reviewing or evaluating the content, accuracy, or reliability of third-party materials or websites.
If you choose to leave our Services and access third-party websites, you do so at your own risk.
We are not responsible for any damages, losses, or issues related to your access to third-party websites or your purchase or use of products, services, resources, or content provided by third parties.
Please carefully review third-party policies and practices before completing any transaction.
Questions, complaints, or concerns regarding third-party products and services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
TheWishPost is powered by Shopify, which enables us to provide our Services to customers.
However, purchases and transactions made through our store are conducted directly between you and TheWishPost.
By using our Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and TheWishPost, including any injury, damage, loss, or claim resulting from products or services purchased through our store.
You expressly release Shopify and its affiliates from any claims, damages, or liabilities arising from or related to your purchases and transactions with TheWishPost.
SECTION 10 - PRIVACY POLICY
All personal information collected through our Services is subject to our Privacy Policy.
By using our Services, you acknowledge that you have reviewed and understood our Privacy Policy.
Because our Services are hosted by Shopify, Shopify may collect and process personal information related to your access to and use of our Services in order to provide and improve its platform.
Information submitted through our Services may be transmitted to and shared with Shopify and third-party service providers located in countries other than your own in order to provide services to you.
Please review our Privacy Policy for additional information regarding how TheWishPost, Shopify, and our partners use personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise provide any ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant TheWishPost a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.
You represent and warrant that:
- You own or have all necessary rights to the Feedback you provide.
- You have disclosed any compensation or incentives received related to your Feedback.
- Your Feedback complies with these Terms of Service.
TheWishPost is not obligated to maintain Feedback confidentially, provide compensation for Feedback, or respond to submitted Feedback.
We may monitor, edit, or remove Feedback that we determine, at our discretion, to be unlawful, offensive, threatening, defamatory, inappropriate, or in violation of intellectual property rights.
You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, or other personal rights.
You are solely responsible for any Feedback you submit and its accuracy. TheWishPost assumes no responsibility or liability for Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability.
TheWishPost reserves the right to correct any errors, inaccuracies, or omissions and to update information or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been submitted.
SECTION 13 - PROHIBITED USES
You may access and use our Services only for lawful purposes.
You may not use our Services:
- For any unlawful, fraudulent, or malicious purpose.
- To violate any applicable laws, regulations, or ordinances.
- To infringe upon the intellectual property rights of TheWishPost or others.
- To harass, abuse, threaten, defame, or harm employees, customers, or other individuals.
- To provide false or misleading information.
- To transmit unauthorized advertising, spam, or promotional materials.
- To impersonate another person or organization.
- To interfere with the operation, security, or availability of our Services.
You also agree not to upload malicious code, reproduce or exploit any portion of our Services, collect personal information of others, interfere with security features, or engage in activities that may harm TheWishPost, Shopify, or users of our Services.
SECTION 14 - TERMINATION
We may terminate this agreement or suspend your access to the Services, or any part of them, at our sole discretion at any time without notice.
You remain responsible for all amounts owed up to and including the date of termination.
The following sections will continue to apply after termination:
- Intellectual Property
- Feedback
- Termination
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Severability
- Waiver; Entire Agreement
- Assignment
- Governing Law
- Privacy Policy
- Any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented through our Services is provided for general informational purposes only.
We do not guarantee that information provided through our Services is accurate, complete, reliable, or suitable for any particular purpose.
Any reliance you place on information available through our Services is entirely at your own risk.
Except as expressly stated by TheWishPost, the Services and all products provided through our Services are offered on an “as is” and “as available” basis without warranties or representations of any kind, whether express or implied.
This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee that your use of our Services will always be uninterrupted, timely, secure, or error-free.
Some jurisdictions may not allow limitations on implied warranties, so certain limitations may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, TheWishPost, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
This includes, without limitation:
- Lost profits
- Lost revenue
- Lost savings
- Loss of data
- Replacement costs
- Any similar damages arising from your use of our Services or products purchased through our Services.
This limitation applies regardless of the legal theory involved, including contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TheWishPost, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable legal fees, arising from:
- Your breach of these Terms of Service or any referenced policies.
- Your violation of any law or rights of a third party.
- Your access to or use of the Services.
We will notify you of any claim subject to indemnification. Failure to provide immediate notice will not release you from your obligations unless you are materially harmed by the delay.
We may control the defense and settlement of such claims at your expense, including selecting legal counsel.
You agree to cooperate in defending against any indemnified claims by providing relevant information and documents.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, invalid, or unenforceable, that provision will still be enforced to the fullest extent permitted by applicable law.
The unenforceable portion will be considered separated from these Terms, and such determination will not affect the validity or enforceability of the remaining provisions.
SECTION 19 - GOVERNING LAW & DISPUTE RESOLUTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
Any dispute, controversy, difference, or claim arising out of or relating to this agreement, including the existence, validity, interpretation, performance, breach, or termination thereof, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC).
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of TheWishPost to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service, together with all policies and operating rules posted on our website, constitute the complete agreement between you and TheWishPost regarding your use of the Services.
These Terms replace any prior or current agreements, communications, or proposals, whether written or oral.
Any ambiguity in interpreting these Terms shall not be interpreted against the party responsible for drafting them.
SECTION 21 - ASSIGNMENT
You may not transfer, delegate, or assign these Terms or any rights or obligations under these Terms without our prior written consent.
Any unauthorized attempt to transfer these Terms will be considered invalid.
TheWishPost may transfer, assign, or delegate these Terms and related rights or obligations without your consent or notice.
SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and do not limit, define, or otherwise affect the interpretation of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You may review the most current version of these Terms of Service at any time on this page.
TheWishPost reserves the right, at our discretion, to update, modify, or replace any part of these Terms by posting updates and changes to our website.
It is your responsibility to review our website periodically for changes.
Your continued use of or access to our Services after changes are posted constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
NO.46 LAI YIP STREET,
KWUN TONG, KLN,
HONG KONG