Terms of Service

GENERAL

Thank you for visiting Permanent Resident’s (“Permanent Resident”, “we” or “us”) Hong Kong SAR website (on www.permanent-resident.com) (the “Site”). Access to and use of the Site and related services (collectively, the “Services”) are made available to you in accordance with the following Terms of Service and any other rules and policies posted on the Site, including the Privacy Policy (collectively, the “Terms of Service” or “TOS”). By using the Services, such as browsing or placing orders on the Site, you are agreeing to all of the Terms of Service. We will collect, use, store and disclose any personal data provided by you in accordance with the Privacy Policy.

This TOS does not acknowledge any relationship between you and Permanent Resident (partnership, collaboration, employment, or otherwise). It does not entitle you to hold yourself as a representative of Permanent Resident.

Permanent Resident reserves the right to make changes to the Site or any part of the TOS at any time without notice to you. The provisions contained herein supersede all prior notices or statements regarding our TOS with respect to this Site.  Please visit this page from time to time to check for any updates or changes to any part of the TOS (including the said rules and policies and the Privacy Policy) and to see the current TOS in effect and any changes that may have been made. By using the Site following any modifications to the TOS you agree to be bound by the modifications.

If you have any comment about the Site or this TOS please contact us.

REGISTRATION

You will need to register an account to use some of the Services available to you on the Site. In registering an account and in your use of the Site, you agree to (where necessary) provide information about yourself that is true, accurate, current, and complete in all respects. Please refer to our Privacy Policy for more information on how we use your personal data.

You may not use this Site or register an account if you are under 18 years old. Permanent Resident reserves the right to only accept orders from you if you are aged 18 or over. 

We will never ask you for your account’s password either in writing (via email or otherwise), in person or on the phone. In using the Site, you are responsible for: (i) safeguarding any passwords used to access your account and our Services, and (ii) all use of our Services under your account. Please take reasonable care in protecting access to your account from any unauthorized use. If you suspect that the security of your account has been compromised or if there is unauthorized use of your account, please contact us immediately.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

PROHIBITIONS AND FAILURE TO COMPLY

We may take actions against your account for activities including, but not limited to:

- Submitting material (including, but not limited to personal data, text, images, music or video) of which you do not have the full right to submit and/or grant license (the “Submitted Content”) or to to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

- Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way.

- To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

- Advertising or sending unsolicited messages of any kind or starting or forwarding chain letters of any kind.

- Impersonating others or providing any kind of false information.

- For any unlawful purpose or to solicit others to perform or participate in any unlawful acts or to to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.

- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.

- To collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape.

- Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material or to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

- For any obscene or immoral purpose.

Permanent Resident reserves the right to terminate any account in its sole discretion. We may send you an email to inform you of the termination of your account in such an event.

INTELLECTUAL PROPERTY

All software and “Content” ( including, as a way of example, works, sounds and videos, photographs, images, pictures, dialogues, music, documents, text, drawings, figures, logos and any other material, in any format) are the intellectual property of Permanent Resident and are protected by intellectual property and copyright laws and international treaty provisions. 

The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorized by Permanent Resident and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of Permanent Resident. Any such unauthorized actions may result in civil consequences or criminal penalties.

Permanent Resident reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.

THIRD PARTY LINKS

The Site may include links to other websites or resources that are not operated or prepared by Permanent Resident. We have no control over such sites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.

Permanent Resident is not responsible for the content or accuracy of any off-Site pages, which include but is not limited to advertisers of the Site. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of such sites.

We welcome links to this Site so long as: (i) this Site opens in a new browser window which displays the full version of a page of this Site (e.g., not merely one of its frames, and not an "in-line" link to a particular image or object on this Site), (ii) the link to this does not state or imply any sponsorship of your website or service by us or by this Site; and (ii) this Site is not display framed within or obfuscated by other content. You may not use on your Site any trademarks, service marks or copyrighted materials appearing on this Site, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this Site upon notice. If you receive such a notice from us, you agree to discontinue your link to the Site.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

USE OF THIS WEBSITE OUTSIDE OF HONG KONG

www.permanent-resident.com  makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

ELIGIBILITY TO PURCHASE

In order to place orders with us, you must meet our conditions of eligibility:

- Be aged 18 years of age or over;

- Be in possession of a valid credit/debit card issued by a licensed bank acceptable to Permanent Resident for payment;

- Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site); and

In placing an order with us, you authorize Permanent Resident to process a charge or charges on your credit/debit card account in the amount of the total purchase price of your order. You also expressly authorize us to use personal information provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.

All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.

The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.

PRODUCT DESCRIPTIONS

Permanent Resident will endeavor to ensure that the Content and the product descriptions on the Site are as accurate and complete as possible. We have aimed to ensure that the colors of our products appearing on our website are as close as possible to the color of the product, however colors may vary due to the Internet browser or monitor used. As many items are hand-made from natural materials, there will be slight variations from item to item and product measurements given are approximate. Please note not all products on the Site are newly manufactured, many are Vintage, Preowned, and Upcycled and are labeled as such. Any imperfections on these items are clearly stated in the product descriptions and are not considered defects. 

We however do not warrant that “Content” and product descriptions are accurate, complete, current or error-free. Please refer to Shipping & Returns if you feel a product offered by Permanent Resident is not as described.

PRICING

Prices are shown on the Site in Hong Kong Dollars (HKD) in Hong Kong SAR or for the rest of the world, depending on the shipping country as shown in the upper-left corner on the Site or indicated by you while placing an order. 

Prices displayed on the Site at the time your order is accepted will be honored except in the case of obvious error. Whilst we endeavor to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or canceling your order. If we are unable to contact you, we will treat the order as canceled.

If your credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Taxes and duties applicable to your order depend on the shipping country of your order:

- Hong Kong SAR orders are not subject to taxes and duties.

- Orders from countries via couriers served on a Delivery Duty Paid (DDP) basis will incur relevant import tax and duty and will be included in the final purchase price. This one-step process is for your convenience. Please note that the import tax and duty charges would be passed to the relevant local Customs authorities and are therefore non-refundable in the event of a return. You will only be charged taxes and duties once; Permanent Resident will cover the cost of taxes and duties for replacements on damaged items.

- Customers placing orders from countries via couriers served on a Delivery Duty Unpaid (DDU) basis will only be charged for the price of the product(s) purchased (excluding taxes and duties) and the delivery costs. Customers will be responsible for the payment of all import tax and duties levied by the country to which the products are shipped and payment of the said tax and duties is necessary for the release of the products ordered from the Customs on arrival. The selected courier will contact customers about the details of any import duty to pay. Please note this may be in person at the time of delivery. We advise you to contact your local customs authority to determine the cost of import tax and duties of your order prior to your placing orders with us. If you failed to pay Import Charges or refused to accept Products otherwise than in accordance with the return procedure under these General Terms and Conditions (including not providing the documentation required by Customs), in each case resulting with the Products being returned or needing to be returned, then you may be liable for the return delivery costs and may not be reimbursed or refunded for delivery costs paid by you for making the delivery to you. We may also charge you with additional direct or indirect charges resulting from said failure or refusal, to the extent permitted under applicable law.

- We are not responsible for duties disputes or errors made via the Site which are provided by Third-Party shipping apps including but not limited to DHL Commerce, EasyShip, Lalamove and GoGoVan.

PAYMENT

We accept payments made by Visa, MasterCard, American Express, JCB, ShopPay, Google Pay, and PayPal for all international orders. Orders shipped to Hong Kong SAR can also be paid using major cards supported by China Unionpay (CUP).

By placing an order using one of the above credit/debit card payment methods, you confirm that the credit/debit card account used is yours or that you have been authorized by the owner to use it. If your card issuer refuses to authorize payment to Permanent Resident, we will not be liable for any delay or non-delivery.

For CUP payments, payments will be debited immediately when the order is placed. But your order will only be accepted until we send you an email to confirm the goods have been dispatched to you and your payment has been accepted. Please refer to “Acceptance of Your Order” below for detail.

Our payment processes meet the stringent international security standards set down by the Payment Card Industry to make your shopping experience safe and secure. If you have registered an account on the Site and have decided to save your card details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorized access to any data you provide when using our Services.

ACCEPTANCE OF YOUR ORDER

Content (including without limitation product images, descriptions, pricing, stock availability, and measurement information) on this Website constitutes our invitation to treat, not a binding offer.

Once you have entered your personal and payment details and placed your order, we will send you an email acknowledging the receipt of your order. This email is confirmation of receipt of your order and does not constitute an acceptance of your offer/order or any promise concerning your offer/order.

If your order can be accepted by us, the contract between you and Permanent Resident shall be deemed concluded when we send you an email to confirm that the goods under your order have been shipped to you.

Only the goods listed in the confirmation email sent at the time of shipment are included in the contract concluded. All sales contracts are concluded in Hong Kong SAR and are written in English.

In any case of dispute, the decision of Permanent Resident shall be final.

Permanent Resident reserves its right not to accept an order for any reason in its sole discretion (including but not limited to any of the following reasons):

- The product you ordered is out of stock, or is withdrawn for failure to meet quality standards or due to the shipping restrictions applicable to any or all of the ordered items.

- We are unable to accept your order due to a system error.

- We are unable to obtain authorisation for payment.

- You do not meet the eligibility criteria to purchase as set out in these Terms of Service.

Notwithstanding any acceptance of an order, if the fulfillment of such order (or any part of it) on the Site (or any store of Permanent Resident) would be illegal or unlawful for any reason (including, without limitation, due to a breach of any applicable export controls and/or sanctions rules), or if you fail any of our anti-money laundering and/or fraud detection checks, Permanent Resident has the right to decide at any time not to fulfill such order (or part of it) and shall incur no liability in these circumstances. Permanent Resident will contact you as soon as possible if we are unable to accept your order.

COMPLIANCE

Any customer who demonstrates a high incidence of returns of merchandise (“Merchandise”) after purchase, or illegal activities (including parallel importing or passing off of Merchandise purchased at Permanent Resident) may suffer the following consequences:

- The customer may be blacklisted by Permanent Resident;

- Permanent Resident may not accept future orders from the customer 

- To the extent permitted by applicable laws and regulations, Permanent Resident  may decline the customer’s request to return or exchange any Merchandise

The decision as to whether a customer has violated Permanent Residnet’s Returns Policy or engaged in inappropriate behavior remains within Permanent Resident’s sole discretion. 

GIFT CARDS

Use of the Permanent Resident Digital Gift Card (“Digital GC”) is subject to the following the Terms and Conditions of Use:

- The Digital GC may be redeemed by the Digital GC holder as full or part payment for goods and services at the Permanent Resident Site.

- The Digital GC holder is solely responsible for the proper use of the Digital GC. You agree to indemnify and hold Permanent Resident  harmless for any direct losses, liabilities, damages, expenses and reasonable costs (including without limitation reasonable attorney fees and court costs) incurred by Permanent Resident  arising from or related to any claims arising from your negligence, willful misconduct or fraudulent behavior in connection with to the use of Digital GC and/or the information and/or metadata on the Digital GC. You acknowledge that any such misuse of the Digital GC will also be deemed a violation of the Terms and Conditions of use of the GC.

- Due to factors beyond Permanent Resident’s control which may arise in connection with the use of digital applications and related software, the usable balance shown on the Digital GC may not reflect the true balance of the account from time to time. For the avoidance of doubt, the usable balance stored in the Permanent Resident  system will be deemed as the final and true balance on the account.

- Permanent Resident  reserves the right to replace the Digital GC with the physical GC at any time without notice and without liability.

YOUR RIGHTS

Nothing in the TOS is intended to affect your rights under the Laws of Hong Kong SAR.

LIABILITY

Views expressed in any media by the designers, companies or third parties, whose products are sold at our stores or on the Site or with whom we are associated, are their own. Permanent Resident takes no responsibility for any such views as they do not necessarily reflect ours.

Permanent Resident does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.

Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, Permanent Resident will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TOS.

INDEMNITY AND WAIVER

At our request, you agree to compensate us fully and hold us, Permanent Resident (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes the use of the Site by any other persons using your account caused by your action or inaction.

If you breach the TOS and we take no action against you, there is no waiver for us to exercise our rights and remedies in any other situation where you breach the TOS.

SEVERABILITY

In the event that any provision of these TOS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The TOS are effective unless and until terminated by either you or us. You may terminate these TOS at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TOS, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOS). Any ambiguities in the interpretation of these TOS shall not be construed against the drafting party. 

GOVERNING LAW AND JURISDICTION

The TOS, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these TOS.