條款及細則
I. General
1. Welcome to UShop, a website owned and operated by Universal Music Limited (this “Webstore”). These terms and conditions (the "Terms") govern your relationship (hereafter, "You" or "Your," individually) with Universal Music Limited ("UM") when You use UM’s online services (the "Services") via this Webstore. Wherever You see "UM" on the Webstore or in any of the Terms, this means UM and any of its affiliates, subsidiaries or any parent company (including the ultimate parent company) of UM and any subsidiary of any such parent company for the time being. From time to time, UM may use the services of third parties to assist UM in the provision of this Webstore.
2. UM does not intend this Webstore to be viewed or used by individuals under the age of 18 without the supervision of a parent or guardian 18 years of age or older.
3. By purchasing products via this Webstore, You accept and agree to be bound by these Terms and UM’s other policies posted on this Webstore which include but is not limited to the Privacy Policy . If You do not agree to these Terms, You should not use this Webstore.
4. Orders may only be placed via this Webstore. UM does not accept orders in any other manner, including via telephone.
5. You should print a copy of these Terms for future reference.
6. If You have any questions about these Terms please contact UM by emailing: hk_ushop@umusic.com
7. Placing an order via this Webstore may require You to use third party applications to commence and/or complete Your order. As such, when placing an order via this Webstore, You represent and warrant that You have accepted the terms and conditions of said third party applications, as applicable.
8. You consent to receive communications from UM by e-mail. UM will communicate with you by e-mail or by posting notices on the Webstore. You agree that all agreements, notices, disclosures and other communications that UM provides to you in this manner satisfy any legal requirement that such communications be in writing.
II. Changes to These Terms
1. UM may make changes to these Terms from time to time, which will be effective when posted on this Webstore. You should check this Webstore regularly for any updates to these Terms and read these Terms fully prior to any purchase. Your continued use of this Webstore following the posting of changes will mean You accept those changes.
2. You will be subject to the policies and Terms in force at the time that You order product(s) from UM, unless any change to those policies or these Terms is required to be made by law or a government authority (in which case it may also apply to orders previously placed by You).
III. Webstore Content
1. The Services, this Webstore, including, without limitation, all trademarks, music recordings, lyrics, audio and audio-visual clips, digital downloads ("Content") are owned and controlled by or licensed to UM, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of UM or such affiliates, licensors and/or licensees.
2. Unless otherwise specified, this Webstore and Content are for Your personal and non-commercial use only.
3. You may not, without UM’s express prior written agreement, use, transfer, copy or otherwise reproduce or modify any part of this Webstore, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.
IV. System Requirements
1. All software (if any) used on this Webstore (“Software”) is the property of UM or its software suppliers.
2. You may not:
i. interfere or attempt to interfere or restrict or inhibit any other user from using and enjoying this Webstore or the Services;
ii. act in any way that would damage, disable, overburden, or impair this Webstore, Software(if any) or the Services or effect or encourage conduct that would constitute a criminal offense or give rise to civil liability;
iii. upload, post or transmit to, or distribute or otherwise publish through this Webstore any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory, discriminatory or use of which may be in breach of any third party’s rights;
iv. impersonate any person or entity or misrepresent Your affiliation with any other person or entity;
v. exploit any information or other material obtained on or through this Webstore for commercial purposes;
vi. engage in spamming, flooding, harvesting of e-mail addresses or other personal information, "spidering," "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using UM cookies for purposes which are unrelated to the Services);
vii. attempt to gain unauthorized access to other computer systems through this Webstore or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Webstore;
viii. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Webstore, the Contents or the Services; or
ix. modify, adapt, translate or reverse engineer any part of the Software (if any); or
x. attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software (if any) to which access is not authorized.
V. Registration and Passwords
1. If a particular Service requires You to register with this Webstore or set up an account, You will need to complete a registration process by providing the required information (including Your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that Service. You agree that You will provide truthful and accurate information when registering or opening an account. The decision to register a password is in UM’s discretion and UM may revoke Your password at any time.
2. You are responsible for maintaining the confidentiality of the password and Your account information, and You are solely responsible for all activities that occur under Your password or account and for any access to or use of this Webstore by You or any person or entity using Your password, whether or not such access or use has been authorized by You.
3. You must immediately notify UM of any unauthorized use of Your password or account or any other breach of security.
4. UM will not be liable for any loss or damage whatsoever resulting from the disclosure of Your username and/or password contrary to these Terms. You should not use another person’s account at any time without the express permission of the account holder.
5. You are responsible for ensuring that the information UM holds is up to date. Please amend Your details as appropriate from time to time or email [ hk_ushop@umusic.com ] to notify UM of any changes.
6. Please see UM’s Privacy Policy for further explanation as to how UM uses the information UM collects from You and how UM uses cookies and traffic analysis tools.
VI. Placing an Order
1. By placing an order through this Webstore, You warrant that You are legally capable of entering into binding contracts and You are at least 18 years old.
2. If You are under the age of 18 years, You have to obtain the consent of a parent or guardian to accept these Terms on Your behalf.
3. What is pre-order? A product is announced before the release date and allowed consumers to place orders in advance. Full payment for any pre-order is required. Consumers agreed to receive the product after the specified release date. UShop will arrange shipment within 5-7 working days after the release date, given that the customer has provided all the necessary details for shipment.
4. Release date may change due to manufacturing issue. Therefore, please refer to the product page for the updated release date.
5. Backorder are for items that are not in stock at the moment but available for order with extended fulfilment period. These items are always remarked with “backorder” or “overseas order” on the product. UShop will place order for backorder items after full payment received. However, delivery time is not certain for all backorder orders. We will track unfulfilled backorder orders for a maximum of 90 days. Any orders that remain unfulfilled at the end of the 90-day period will be refunded by default.
6.
7. UM cannot change any information on an existing order once it has been processed, including but not limited to, the shipping address, billing information, size, item and/or quantity.
8. Your order represents an offer to UM to purchase a particular item which is accepted by UM only when UM sends You an email ("Dispatch Confirmation") confirming (i) in the case of physical products, that the particular product has been dispatched; or (ii) in the case of digital content, instructions for accessing Your digital content.
9. UM may reject, modify or cancel Your order for any reason prior to shipping Your order. If UM rejects Your order after payment has already been taken, UM will provide You with a refund.
10. Shipping and delivery dates for Your order are not guaranteed unless otherwise specified. All shipping timelines are estimated. UM is not liable for delays due to carrier, regardless of shipping method.
11. Shipping delays will occur if an incorrect address is provided at the time of checkout. UM is not responsible for any lost packages due to Your provision to UM of an incorrect shipping address.
VII. Currencies
1. All transactions conducted by or with UM, including sales of items shown on the Webstore, issuance of gift certificates and credit for returned merchandise, are made in HK Dollars. If the option to pay in other currencies is available, more information and applicable terms and conditions will be included in Customer Support – Payment. Please note that although payment may be made in such cases in other currencies, the HK Dollar prices indicated on the Webstore will apply.
2. Payment made by credit card or PayPal in a currency other than HK Dollars will be converted to HK Dollars at the exchange rate determined by Your credit card issuer or PayPal. Please consult Your credit card issuer agreement or the user agreement for the PayPal service for information regarding the determination of exchange rates by them. These exchange rates may include a "spread," or amount payable to PayPal or the credit card issuer, which may result in the actual price paid being higher than the posted HK Dollar price.
3. The Webstore may allow You the opportunity to choose a "Reference Currency." The Reference Currency function converts the HK Dollar prices shown on the Webstore to a currency selected by You from those available on the Webstore. REFERENCE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO UM, UM MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE WEBSTORE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY YOU IN SUCH REFERENCE CURRENCY. REFERENCE CURRENCY PRICES ARE FOR CONVENIENCE OF REFERENCE ONLY, AND REFERENCE CURRENCY EXCHANGE RATES MAY BE UPDATED BY UM ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.
4. NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.
5. In the event that any such refund were to be made in the future to You if You had previously paid in a currency other than HK Dollars and such refund was made through Your credit card or PayPal, then the credit card issuer or PayPal would determine the applicable exchange rate at such time as provided above.
6. In no event will UM be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
VIII. Payment
1. UM cannot confirm the price of a product until You place an order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a "shopping cart" or "shopping bag" and the time the purchase is actually made.
2. Product prices displayed may exclude delivery charges (which may also include handling, packaging, and other costs in addition to carrier fees), which may be added to the total amount.
3. It is always possible that, despite UM’s best efforts, some of the products listed on this Webstore may be incorrectly priced or stock availability. If the price for the product on the Webstore is incorrect and is actually higher than the price provided at the time of purchase or no stocks offered, then, at the sole discretion of UM, UM may either (a) contact You for instructions before shipping the product or charging You for such product or (b) cancel the order for such product and notify you of such cancellation.
4. UM will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, that contain other incorrect information or typographical errors or that are unavailable for any reason. UM will have this right regardless of whether the order has been confirmed or Your credit card or other payment service has been charged. If Your credit card or payment service has already been charged for the purchase and Your order is cancelled, UM will immediately issue a credit to Your credit card or payment service in the amount of the charge.
5. UM offers a variety of payment options. Prices appear on this Webstore exclude all applicable taxes unless otherwise stated. UM may change the prices for products at any time by posting new prices on this Webstore.
6. By paying with Your credit or debit card, or any other payment method, You confirm that the card is Yours and that You will pay all fees and charges incurred in connection with Your purchase (including any and all applicable taxes) at the rate in effect when the charges are incurred charges.
IX. Usage Rules
1. Digital Content
i. Usage Rules – You may purchase downloads or stream digital content (as applicable) for Your personal and non-commercial use only. UM may withdraw products from this Webstore at any time in its absolute discretion.
ii. Technical Problems and Faulty Products (digital products) – If digital content that You download is defective or faulty, please contact UM know as soon as possible at [ hk_ushop@umusic.com ]. UM will at its option repair or replace the relevant product at UM’s cost within a reasonable timeframe or will refund You for either the full or partial cost of the product as appropriate.
2. Physical Products
i. Delivery. UM will make best efforts to fulfill Your order by the delivery date, or estimated delivery date set out in the Dispatch Confirmation, however, it is understood that circumstances outside of UM’s control may delay fulfillment or delivery, including, but not limited to: high-order volumes, holidays, weather, artist signings, preorder delays, manufacturing delays for preorder product, and shipping delays from the content provider for preorder product.
ii. Risk and Title. Products purchased will be at Your own risk of loss from the time of delivery. Ownership of the products will only pass to You when UM receives full payment of all sums due in respect of the products, including delivery charges.
X. Returns
1. UM only accepts returns of defective products and products damaged in shipping for replacement or refund (depending on the availability of product). UM does not accept ANY returns of non-defective, non-damaged products.
2. Defective or damaged products must be returned to our logistic centre in its original condition within 7 days from delivery of products. Replacement of returned products will be made after damaged/ defective products are sent back to our logistic centre. If the product is out of stock or replacement is unavailable, UM will refund via original payment method.
3. For backorder products, full refund will be arranged if the products could not be delivered in 90 days (counted from the order date). UM will refund via original payment method.
4. UM reserves the right of final decision in case of disputes.
XI. Technical Problems
1. Occasionally, technical problems may delay or prevent delivery of a purchased product. In such event, Your sole remedy will be either a replacement product or a refund, as determined by UM or the relevant third-party supplier as appropriate.
2. UM will not be liable to You for failures, defects or delays in delivery caused by:
i. Your provision of incorrect information;
ii. Your computer failing to meet the minimum technical requirements for the Services;
iii. Your failure to comply with instructions for use of the Services; or
iv. an event which is outside of UM’s reasonable control.
XII. International Orders; Import Duty
1. Products ordered from this Webstore for delivery outside Hong Kong may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Further, You will be responsible for any local pickup or specified delivery with Your local postal service. UM has no control over these charges and local requirements and cannot predict their amount. Please contact Your local customs office and post office for further information before placing Your order.
2. You must make sure that You comply with all applicable laws and regulations of the country for which the products are destined. UM will not be liable for any breach by You of any such laws.
3. Due to personal customs clearance issues, products need to be returned to UM. Any associated cost will be borne by customer. If returns exceed two times, our company reserves the right to refuse receipt of further returns. It can be considered as the customer waiving the right to receive the product.
XIII. Ticket and Event Pre-Sale Terms
1. UM may from time to time sell access to certain pre-sale opportunities for tickets and events. Such Pre-Sale Access may be bundled with merchandise and other offers.
2. Access to obtain tickets before the general public ("Pre-Sale Access") does not guarantee a ticket, but is an opportunity to obtain tickets as a part of a pre-sale offering.
3. Pre-Sale Access is controlled by third party entities, and UM and related parties have no control or liability in relation to such third party ticket offers.
4. Pre-Sale Access to tickets will only be available online. No direct phone, e-mail, or mail orders will be accepted.
5. Pre-Sale Access tickets are sold as outlined in the pre-sale announcement and access and ticket prices may vary. No changes can be made to the quantity or type of tickets available. Additional limitations may apply
6. UM does not guarantee Pre-Sale Access to any additional shows added after a pre-sale announcement
7. Pre-Sale Access sales are final. There will be no refunds, exchanges, or name transfers for Pre-Sale Access. You should only purchase Pre-Sale Access for shows You are certain You can attend.
8. You may not resell Your Pre-Sale Access to another party. Reselling Pre-Sale Access can result in the revocation of the Pre-Sale Access itself, in addition to future ticket privileges.
XIV. Sweepstakes, Contests, Promotions
1. Any sweepstakes, contests or similar promotions made available through the Webstore will be governed by specific rules separate from these Terms, provided that unless the separate rules provide otherwise, all information submitted through a sweepstakes, contest or similar promotion will be subject to the terms relating thereto. By participating in any such sweepstakes, contest or promotion, You agree to become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as age or geographic restrictions.
XV. Termination
1. UM may, in UM’s sole discretion, suspend or terminate Your password, account (or any part thereof, if any) or use of this Webstore without notice if (i) You are in breach of these Terms; or, (ii) if UM believes, in UM’s absolute sole discretion, that the Services, the Content or the Software, is unsuitable; or (ii) unexpected operational difficulties.
2. Termination, suspension or cancellation of Your access rights shall not affect any other right or relief to which UM may be entitled, at law or in equity.
3. Upon termination, all rights granted to You under these Terms will automatically terminate and immediately revert to UM and UM’s licensors (save for any continuing rights which You may have in connection with products which You have purchased from this Webstore).
XVII Customer Service / Chatbot
1.The Chatbot “Term of Use and Disclaimer” supplement the UM website are incorporated therein by reference. These terms inform users of the limitations and usage guideline of the artifical intelligence chatbot provided by UM.
XVI. Disclaimer of Warranties and Limitation of Liability
1. THIS WEBSTORE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSTORE ARE PROVIDED BY UM ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSTORE, THE SERVICES AND ALL PRODUCTS INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSTORE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UM DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSTORE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSTORE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UM DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE OR THE CONFORMANCE OF ANY THIRD PARTY'S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION OR POLICY. UM MAKES NO WARRANTY THAT THE WEBSTORE, ITS SERVERS OR E- MAIL SENT FROM UM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSTORE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE WEBSTORE WILL BE DEFECT OR ERROR FREE.
2. UM WILL NOT BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO OR IN ANY WAY CONNECTED WITH THE WEBSTORE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSTORE, THE USE OF THE WEBSTORE, ANY SUBMISSIONS, ANY LINKS ON THE WEBSTORE, ANY APPLICATIONS, ANY E-MAIL SENT FROM UM OR ANY THIRD PARTY'S UNAUTHORISED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER UM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF UM ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE WEBSTORE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.
3. WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSTORE IS AT YOUR SOLE RISK.
XVII. Indemnification
You agree to defend, indemnify and hold harmless UM, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to the use of the Webstore, any Content and Services available on the Webstore, any breach of these Terms by You or any user of any of Your accounts.
XVIII. Transfer Rights and Obligations
1. The agreement between You and UM created by these Terms (the "Agreement") is binding on You and UM and on UM’s respective successors and assigns.
2. You may not transfer or assign, charge or otherwise dispose of the Agreement, or any of Your rights or obligations arising under it, without UM’s prior written consent.
3. UM may transfer, assign, charge or sub-contract the Agreement, or any of UM’s rights or obligations arising under it, at any time during the term of the Agreement.
XIX. Events Outside UM’s Control
1. UM will not be liable or responsible for any failure to perform, or delay in performance of, any of UM’s obligations that is caused by events outside UM’s reasonable control. UM’s performance under these Terms is deemed to be suspended for the period that any such event continues, and UM will have an extension of time for performance for the duration of that period. UM will use UM’s reasonable efforts to find a solution by means of which UM’s obligations may be performed despite such event.
XX. Miscellaneous
1. These Terms, together with any documents or links to other terms referred to herein, constitute the whole Agreement between You and UM and supersede and extinguish any prior understandings, agreements or terms between You and UM.
2. The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
3. No breach by either You or UM of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
4. No failure or delay by either You or UM in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either You or UM of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
5. These Terms shall be binding on and endure for the benefit of each party’s successors in title.
6. If any of the Terms shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of the Terms.
XXI. Governing Law and Dispute Resolution
1. These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”).
2. Any dispute, controversy or claim relating in any way to the Webstore (including, without limitation, Your visit to and use of the Webstore or Services) or products You purchase through the Webstore shall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent You have in any manner violated or threatened to violate the intellectual property rights of UM or any affiliate or licensor of UM, UM may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof. The arbitrator shall state the reason upon which the award is based.