Terms of service

Welcome to SMORK. These Terms of Service ("Terms") govern your access to and use of the SMORK website, store, and any related services (collectively, the "Site"), operated by SMORK LIMITED ("SMORK", "we", "us", or "our"). Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products to you.


By visiting the Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms, including any additional terms and policies referenced herein or available by hyperlink. These Terms apply to all users of the Site, including browsers, customers, merchants, and contributors of content.


Please read these Terms carefully before accessing or using the Site. If you do not agree to all the terms of this agreement, then you may not access the Site or use any of the Service.


 

 

1. Overview

SMORK sells physical products through this Site. Any new features, tools, or products added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

2. Eligibility and Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use the Site.


You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Services.

3. Products, Pricing, and Availability

Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Refund and Returns Policy in Section 8.


We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your device's display of any colour will be accurate.


We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.


In the event a product is listed at an incorrect price or with incorrect information due to a typographical error, we reserve the right to refuse or cancel any orders placed for that product, whether or not the order has been confirmed and your payment method charged. If your payment has already been charged and we cancel the order, we will issue a refund in the amount of the incorrect price.

4. Orders and Acceptance

Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order.


You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

5. Payments

We accept payment through the payment methods made available at checkout, which are processed by Shopify Payments and/or third-party payment processors. By providing payment information, you represent and warrant that you are authorised to use the designated payment method and authorise us (through our payment processor) to charge your payment method for the total amount of your order, including taxes and shipping.


We are not responsible for any fees your bank or card issuer may charge. You are responsible for ensuring sufficient funds or credit are available to cover the transaction.

6. Shipping and Delivery

We ship physical products to the addresses provided at checkout. Shipping times, costs, and available destinations are described on our Shipping Policy page or at checkout, and are estimates only. We are not liable for delays caused by carriers, customs, weather, or other events beyond our reasonable control.


Risk of loss and title for products pass to you upon our delivery of the products to the carrier. You are responsible for providing an accurate and complete delivery address. We are not responsible for orders that are undeliverable, lost, or delayed due to incorrect address information supplied by you.


You are responsible for any import duties, taxes, customs fees, or other charges imposed by your local jurisdiction on international orders.

7. Cancellations

If you wish to cancel an order, please contact us as soon as possible at info@smorkofficial.com. We will do our best to accommodate cancellation requests, but we cannot guarantee cancellation once an order has entered processing or shipment. Once an order has shipped, it is subject to our Refund and Returns Policy below.

8. Refunds and Returns

We want you to be happy with your purchase. You may return most new, unused items within 30 days of delivery for a refund or exchange, subject to the following conditions:


  • Items must be unused, in their original condition, and in the original packaging with any tags attached.

  • Proof of purchase (order number or receipt) is required.

  • Certain items may be non-returnable for hygiene, safety, or legal reasons; these will be identified at the point of sale where applicable.

  • Unless the item is faulty or the return is a result of our error, you are responsible for the cost of return shipping. Original shipping charges are non-refundable.


To start a return, contact us at info@smorkofficial.com with your order number and the reason for the return. We will provide return instructions. Please do not send items back without contacting us first.


Once we receive and inspect your return, we will notify you of the approval or rejection of your refund. Approved refunds will be processed to your original payment method within a reasonable period, typically 10 business days, subject to your bank or card issuer's processing times.


Faulty, damaged, or incorrect items: If you receive an item that is faulty, damaged, or not what you ordered, please contact us within a reasonable time of delivery. Nothing in this policy affects your statutory rights under applicable Hong Kong consumer protection law, including the Sale of Goods Ordinance (Cap. 26) and the Trade Descriptions Ordinance (Cap. 362), where those laws apply.

9. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, product designs, the SMORK name and mark, and software, is the property of SMORK or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, republish, distribute, or exploit any content from the Site without our prior written permission. Nothing in these Terms grants you any right or licence to use the SMORK name, trademarks, or branding.

10. User Content and Comments

If you send us creative ideas, suggestions, reviews, proposals, or other materials, whether online, by email, or otherwise (collectively, "Comments"), you agree that we may, at any time and without restriction, use, edit, copy, publish, distribute, and otherwise use any Comments you provide to us, without obligation to you. We are under no obligation to maintain any Comments in confidence, to pay compensation for any Comments, or to respond to any Comments.


You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right, and will not contain unlawful, abusive, or obscene material. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

11. Prohibited Uses

In addition to other prohibitions set out in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (j) to interfere with or circumvent the security features of the Site. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

12. Accuracy of Information

We are not responsible if information made available on the Site is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the Site is at your own risk. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site.

13. Third-Party Links and Services

The Site is hosted on Shopify and may include content, products, or links provided by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, products, or services. Your use of Shopify's platform is also subject to Shopify's own terms and policies. Please review third-party policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

14. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. The Service and all products delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, except to the extent such warranties cannot lawfully be excluded under applicable Hong Kong law.


To the maximum extent permitted by applicable law, in no case shall SMORK, our directors, officers, employees, affiliates, agents, contractors, or suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Service or any products procured using the Service. Where liability cannot be excluded but may be limited, our total liability to you shall not exceed the amount you paid for the product(s) giving rise to the claim.


Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded or limited under applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless SMORK and our affiliates, partners, officers, directors, agents, and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

16. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use the Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may also 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.

17. Severability

If any provision of these Terms 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. Such determination shall not affect the validity and enforceability of any other remaining provisions.

18. Governing Law and Jurisdiction

These Terms 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 of the People's Republic of China. You agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter.

19. Changes to These Terms

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes constitutes acceptance of those changes.

20. Contact Information

Questions about these Terms should be sent to us at:

SMORK LIMITED 
Email: info@smorkofficial.com
Website: https://smorkofficial.com/