Website Terms and Conditions
1. Heartisans Limited ("Heartisans" or "we") owns and operates the site (the “Site”) to facilitate a convenient way to shop online and to provide latest updates about Heartisans and products of Heartisans (“Products”).
Terms and Conditions are Subject to Changes
3. Heartisans reserve the right to change the Terms and Conditions at any time at Heartisan’s sole discretion and without notice to you. Any updated Terms and Conditions shall be available at the same location as the one before. By using the Site, you agree to be bound by the updated Terms and Conditions.
Registration of Account
4. You are required to register with Heartisans using your Facebook, Twitter, Google, Wechat or email address before you can use the Site to place an order. By registering, you are making a statement, upon which Heartisans is entitled to rely, that you are aged 18 or above and capable of forming a legally binding contract. Further, you represent to Heartisans and to all partners of Heartisans through the Site that all purchases made by you through the Site will be within the scope of your authority to conclude contracts.
Usage of the Site
5. Any use of the Site will be deemed as an undertaking on your part to provide true, accurate, current and complete information about yourself when filling out the registration form. You will maintain and promptly update your registration information to keep it true, accurate, current and complete.
6. If Heartisans have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, Heartisans reserves the right to suspend or terminate your registration at its sole discretion without notice and without any liability to you. You shall prevent any use of the Site for any unlawful purpose or any purpose in contravention of the Terms and Conditions. You shall also prevent the posting of any content defamatory, threatening or of distaste in the sole discretion and view of Heartisans
Placing Order for Heartisans Products
7. The Products shown on the Site are only an invitation to treat. You may place an order to offer to purchase the Products on our Site. The sale of the Products are subject to availability and may have limited quantities. Heartisans has made every effort to display as accurately as possible the colors and images of our Products that appear on the Site but cannot guarantee that your electronic device displays the same color tones as the actual Product.
8. Once you place an order on the Site, you are making an irrevocable offer to buy Products from Heartisans at the price specified on the Site for the Products. Heartisans will acknowledge your order to confirm that Heartisans has received your order by email. The confirmation will provide: (i) details of what you have ordered, (ii) details of the price charged, (iii) information about the progress of your order and (iv) estimated dispatch and delivery information.
9. Heartisans reserves its right not to accept or cancel an order for any reason at Heartisans’s sole discretion, including and without limitation to: (i) no sufficient stock to deliver the Products you have ordered, (ii) no delivery can be arranged for your area, (iii) one or more of the Products you ordered was listed at an incorrect price due to a human or computer error, or (iv) to limit the sales to any person, geographic region or jurisdiction on a case-by-case basis. Heartisans reserves the right to limit the quantities of the Products or services that we offer. All descriptions of Products or Product pricing are subject to change at our sole discretion at anytime at Heartisans's sole discretion without notice. Heartisans reserves the right to discontinue any product at any time at our sole discretion and without notice. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
10. If Heartisans rejects or cancel your order, you will be notified by email and will be credited to the account you used to pay for the order any sum deducted by Heartisans from your account as soon as possible but in any event within 14 days of your order. You accept that Heartisans will not be obliged to offer any compensation for such rejection or cancellation of any order of the Products.
11. The online store on the Site is hosted on Shopify Inc. They provide Heartisans with the online e-commerce platform that allows you to buy the Product(s) and your data may be collected and stored through Shopify’s data storage, databases and the Shopify application. Heartisans encourages you to read and understand Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
12. As the Site develops, Heartisans reserves the right to offer the Products for sale using other third party platforms via links from the Site. Your use of those platforms will be subject to the respective terms and conditions of those platforms, including the possibility that they may store your data for their processing of the transaction, etc. Heartisans encourages you to read and understand those terms before use. Your use of the third party platforms will be at your own risk.
Price and Payment
13. Heartisans will use all reasonable commercial endeavours to display accurate and up to date prices on the Site. However, all Product prices are subject to change at any time at Heartisan’s sole discretion and without notice.
14. Further, Heartisans reserves the right to withdraw Products from the Site at any time and for any reason at its sole discretion without notice. Prices listed through the Site are stated in United States dollars, and do not include any shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes to Heartisans. You agree to indemnify and hold Heartisans, its officers, directors, employees and agents harmless from and against all damages, losses or expenses of any kind (including reasonable attorney fees and costs) arising out of your breach of this Agreement and any activity in which you engage on or through the Site and the App and your violation of any law or rights of a third party, including any liabilities, interest, penalties or fees assessed against Heartisans arising from your failure to pay any such taxes.
15. Heartisans uses third party payment service to process online transactions. When you place an order, you agree and accept that your account information will be collected, processed, and kept by Heartisans and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making online transaction, and in no event shall any such losses in whole or in part be borne by Heartisans.
Shipping and Delivery
16. Heartisans will pack the Products in accordance with its standard practices. You can choose the method of shipment and timing of delivery for Products ordered, and will be charged shipping and handling charges accordingly. The Products are shipped from Hong Kong and are therefore subject to customs duties and taxes, which are imposed on the Products if and when transported across international borders. The prices Heartisans charges include all customs duties and any other taxes for the following countries: United States, Canada, United Kingdom, Germany, France, Italy, Spain, Netherlands, Poland, Greece, Brazil, Estonia, Luxembourg (“Designated Foreign Countries”).
17. Prices for all other countries not part of the Designated Foreign Countries are net of any customs duties and any other taxes which you may have to pay for, as required by the laws of your country. To ensure our external courier services company can deliver the Products in the most efficient way after entering your country, they may pay the customs duties and taxes on your behalf which are connected and due on the Products. Where such external courier services are engaged for delivery of the Products ordered by you, you may be liable for handling charges from the external courier services company, in addition to the customs duties and any other taxes. For further information regarding duties or other taxes that may occur Heartisans recommend that you check with the relevant government authorities of the orders country of destination.
18. Title to the Products and risk of loss will pass to you upon Heartisans’s delivery of the Products to. the carrier. You acknowledge that all scheduled shipment dates are estimates only. Heartisans will make reasonable efforts to meet the scheduled shipment dates, but in no event will Heartisans be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
Returns and Exchanges
19. Unless otherwise specified in this returns and exchanges policy (“this Returns and Exchanges policy”), no refunds, return or exchange of Products will be accepted for order made on the Site.
20. Subject to this Returns and Exchanges policy, Products may be returned and exchanged within 45 days of receipt if the Products you ordered are faulty, defective or damaged (with no fault on your part), or Products are not what you ordered, or the delivery is an incorrect quantity, provided that:
(i) The Products are unused and in the condition originally sold together with all parts and accessories which are provided with the Products including without limitations to manuals, certificates, labels, tags, consumables, bags, boxes and with the accompanying receipt;
(ii) The packaging of the Products must be in the condition in which it was delivered to you; and
(iii) A request for return or exchange is sent to Heartisans’s customer service representative and the Product is returned to Heartisans at the delivery address within 30 days after the request is made.
21. If you wish to have a refund, the process will be governed by this clause. After Heartisans have inspected your returned item and can confirm it is eligible for a refund, Heartisans will provide you with a credit in your account with Heartisans for the 100% of the price paid for the Product(s), to be valid for a period of one (1) year upon credit.
22. You agree and accept that Products acceptable for exchange are subject to stocks availability.
23.We have robust quality control measures in place to ensure the Products ordered arrive to you in good condition. However, items can sometimes arrive with defects or in a specification different from the Products you placed orders for. Where such a case happens, please contact our customer service representatives and follow their instructions. Once Heartisans confirms that the items we sent you were defective or that they were different from what you ordered, Heartisans will refund you the cost of return shipping and we will send you a replacement Product free of charge. We may at our sole discretion request that you destroy the faulty items or ship the items you received back to Heartisans. For refund of shipping cost, please obtain a receipt from your shipping provider and provide it to us where we so request, to enable us to process the refund via your method of payment. . All orders will be processed only on regular Hong Kong working days at 11:30am (Hong Kong Standard Time).
24. You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment (g., ensuring that your mobile device and/or operating system is compatible with the Product). We require calibration from a validated blood pressure monitor to ensure accurate measurements with the Product. Please refer to the Order page of our Site, under the sections titled “Specification” and “Required,” which can be found here: https://www.heartisans.com/products/heartisans-watch. For more information please see https://www.heartisans.com/pages/how-it-works and https://www.heartisans.com/.
25. You are solely responsible for determining the compatibility of the Products with other equipment. You accept that lack of compatibility is not a valid claim under the warranty provided with your Product and does not otherwise constitute a basis of defective item under the Returns or Exchanges policy.
26. The Products have the Software which allows it to function. Some Product function may not be available where the App is not properly loaded and installed on your electronic device or synced with the Product. Furthermore, the App and the Software may be updated from time to time without notice, and if you do not take action to install the update, the Product, Software and the App may lose its functionality and/or may cause security vulnerabilities. It is important for you to ensure that you installed the update to your App and the Software where updates are available.
27. Heartisans makes all possible efforts to make sure that the Site and the App are available at all times. Hearitsans makes no representations or warranties that the Site and the App will be available at all times or during the term of this Agreement. Heartisans may encounter technical difficulties or maintenance periods from time to time, and this may result in temporary suspension of your use of the Site, the App and/or the Product. Without prejudice to the foregoing, Hearitsans reserves the right, from time to time, to modify or discontinue, temporarily or permanently, any and all functions and any and all features of the Product and the App, with or without notice, all on a without liability basis.
28. Products sold by Heartisans through the Site are intended for end users only, and are not authorized for resale. Any resale of Products must obtain the authorizations from Heartisans. Please contact firstname.lastname@example.org
29. You represent, warrant, undertake and covenant that you will not use the Site in any of the following ways:
Disclaimer of Warranties to the Site
30. Heartisans makes all possible efforts to make sure that the Site is available at all times. Heartisans does not represent or warrant that access to the Site, or any part of it, will be uninterrupted, reliable, fault-free or accurate. You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst Heartisans strives to protect your data, Heartisans does not warrant and cannot ensure the security of any information which you transmit to Heartisans. Any information which you transmit to Heartisans is transmitted at your own risk.
31. To the extent permitted by applicable law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to Heartisans’s negligence) which Heartisans may otherwise have to you as a result of:
32. You are responsible for obtaining the data network access necessary to use the Product, the Site and/or the App. Your mobile network’s data rates and fees may apply if you access or use the App from a wireless-enabled device and you shall be responsible for such rates and fees. App may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Location services must also be turned in order to utilise the App.
Limited Product Warranty
33. Heartisans warrants to the original purchaser that your Product shall be free from defects in materials and workmanship under normal use and proper storage for a period of 1 year from the date of purchase. If there are defects in the Product, you should contact us within 14 days of receipt of the product and specify the defect. Upon record of a reasonable notice of defect, Heartisans shall deliver a replacement Product to you.
34. Where there is any defect in the Product within 60 days, Heartisans shall offer a repair and/or replacement service, pursuant to the terms below. You shall provide the Product along with the accompanying receipt to you agree to provide your information to them for processing your request for repair or replacement of the Product. Heartisans and/or its authorised authorised service provider shall have the sole discretion and final say on whether to repair or to replace the Product, taking into account its assessment of the defect(s) of the relevant Product. This repair and replacement service does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure is caused by a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure is caused by a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that is not intended to be used with the Product or the App or is not compatible with the Product or the App and/or not provided by Heartisans (d) to damage caused by misuse, abuse, accident, fire, liquid contact, flooding or other external cause; (e) to the Product that has been modified to alter functionality or capability without the written permission Heartisans; (f) to defects caused by normal wear and tear or otherwise due to the normal aging of the Product; or (g) if Heartisans receives information from relevant public authorities that the Product has been stolen.
35. The content of the Site, including but not limited to, text, graphics, illustrations and audios, are provided to you for your reference only. The content is not intended to be a representation or warranty by Heartisans of the Product.
36. The Product is not a medical device and should not be relied upon or used as such. It is is not intended to and does not diagnose, treat, cure, alleviate or prevent any disease or medical condition, monitor diseases or injuries, rehabilitate, investigate replace or modify body structure or function, provide therapy, support or sustain life, or act as an accessory to a medical device. You must seek qualified medical professional if there are any concern or inquiry as to your individual need or medical condition. With regard to accuracy, Heartisans has developed leading hardware and algorithms to track fitness information and is constantly improving the Products to calculate measurements as accurately as possible. The accuracy of Product is not intended to match medical devices or scientific measurement devices, but is intended to give you the best information available in a wearable activity tracker.
37. Although the Product is not a medical device in any way or form, Heartisans has your best interests in mind and would remind you to:
Limitations on Product Liability
38. The Products are sold “as is”, “where is” and subject to availability. In no event will Heartisans, its officers, shareholders, sponsors, employees, agents, directors, subsidiaries, affiliates, successors or licensors be responsible for any incidental, indirect, punitive special, exemplary or consequential damages whatsoever (including damages for loss of profits, loss of goodwill, interruption, loss of business information or any pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this Agreement, including without limitation your use of, reliance upon, access to, the Product, the Site, or the App, or any part thereof, or any rights granted to you hereunder, even if Heartisans has been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement or intellectual property rights, wilful default or negligence in the performance, or otherwise. Heartisans and you have agreed that these limitations will survive and apply even if any limited remedy specified in these Terms and Conditions is found to have failed of its essential purpose. Heartisans shall not be liable for any damages, liability or losses arising out of, or caused directly or indirectly by: (a) your use of and reliance on the Product or the App or your inability to access or use the Product or the App, and (b) any transaction or relationship between you and any party other than Heartisans, (c) loss or damage resulting directly from wrongful or negligent use by you or those around you or (e) an event of force majeure, or any other circumstance or cause that could not be prevented by its respective reasonable care determined in accordance with applicable law.
39. In the event that a claim is made out, the maximum liability that Heartisans shall be liable for is repair or replacement of the goods.
40. Heartisans grants to you a non-exclusive, non-transferable licence to use the Software, in executable form, solely as embedded in the Products, solely for your internal, non-commercial use on the condition of your strict compliance of the Agreement. You may not copy or modify the Software. You acknowledge that the Software contains trade secrets of Heartisans, and, in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer the Software nor permit any third party to do so, except to the extent such restrictions are prohibited by law. Heartisans reserves all rights and licenses in and to the Software not expressly granted to you under this Agreement.
41. All Products sold by Heartisans are subject to intellectual property right protection. You acknowledge that the Products contain trade secrets of Heartisans, and in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer the Products nor permit any third party to do so, except to the extent such restrictions are prohibited by law.
43. Certain links, including hypertext links, in the Site will take you outside the Site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content or accuracy of any website outside our site. Any access and use of third party links are at your own risk.
Waiver of rights
44. You agree that in the case of Heartisan’s failure to enforce any right or provision it will not be considered a waiver of such right or provision. A waiver will take effect if it is in writing and properly executed an authorised representative of Heartisans.
45. If and to the extent that Heartisans’ performance may be precluded by acts of God, authority of laws, or other causes beyond its control, such performance shall be excused to the extent that it is necessitated by such causes.
Term of this Agreement
46. This Agreement will continue to apply to you so long as you continue to use the Product, the Site and/or the App. Heartisans may terminate the Agreement or suspend your access to the Site and the App at any time, including in the event of your actual or suspected unauthorized use of the Product, App or Site and/or non-compliance with this Agreement.
47. Although Heartisans may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version of this Agreement at https://www.heartisans.com/pages/disclaimer. Heartisans will from time to time post notices on its Site and you agree that those shall constitute sufficient notice to you. Heartisans may, in its sole discretion, modify, revise or replace the terms of this Agreement and any relevant policies at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the amended terms, please do not use or access the Site, the Product and/or the App. Your continued use of the Product, the Site and/or the App constitutes acceptance of the amended Agreement.
48. If at any time any provision hereof is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions hereof nor the legality, validity or enforceability of such provision under the laws of any other jurisdiction shall in any way be affected or impaired thereby.
49. Heartisans may assign the Agreement or any part of it, and Heartisans may delegate any of its obligations under this Agreement. The rights under this Agreement are granted to you personally and you may not assign the Agreement or any part of it, nor may you transfer or sub-license your rights under the Agreement, to any third party.
50. You agree that any dispute between you and Heartisans arising from, basing on or in connection with this Agreement, or any other Heartisans’s Products will be governed by and construed under Hong Kong law, without regard to principles of conflict of laws thereunder. Disputes shall be resolved by arbitration, conducted in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the notice of arbitration is submitted in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules. The number of arbitrator shall be one. The arbitration shall be conducted in English. Except as expressly set forth in this Agreement, each Party shall be solely responsible for all costs and expenses incurred by it in connection with the arbitration procedures.