Terms and conditions

Terms of Use
1. Introduction

1.1. These Terms and Conditions define and specify the rights and obligations of the company HKHW Limited, CR No. 3301223, with its registered office address at SUITE C, LEVEL 7, WORLD TRUST TOWER, 50 STANLEY STREET, CENTRAL, HONG KONG (furthermore only as “the Company“ or “us“) as the seller and you as the buyer. These terms and conditions also specify some of the rights arising from your use of the website https:/hkhwltd.com, https:/hkhwltd.com/privatesales
1.2. Please read these Terms of Use carefully, as they set out the legal rights and obligations among us and you in relation to the use of the website. Therefore, you are required and obligated to agree to these Terms of Use prior to any use of the website or prior to entering into any contract with the Company. By creating an account, purchasing products, using the services, or otherwise indicating your assent to these Terms of Use, you agree to be bound by these Terms and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms of Use, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms of Use (on behalf of yourself or the entity that you represent). If you do not wish to be bound by these Terms of Use, you may not access our website or use the services or order or purchase any products.
1.3. The Company is running an e-shop and selling hardware from China (furthermore as “computers” or “products”).

1.4. Rights and obligations arising from a purchase contract on any of aforementioned computers are subject to these terms and conditions.
1.5. You acknowledge that the privacy policy (available on this website) (the “Privacy Policy”) is an integral part of these Terms of Use, and by accessing or using the website, you agree that you have read, understood, and accept the Privacy Policy. Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the website. All collection, storage and use of your personal data that occurs during our activity, as well as your rights related hereto, are regulated in the Privacy Policy. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our website and services.

1.7. You declare that all financial means used by you were obtained in a legal manner, in accordance with applicable laws. You also represent that no tax or other laws have been violated or circumvented by engaging in any trade with the Company. Finally, you declare that any conclusion of a contract with the Company is not related to the legalization of proceeds from any criminal activity, and that the financial means used in the trade are not intended to be raised from financing terrorism, terrorist acts, or terrorist organizations. Furthermore, you assert that there are no other facts that could indicate a suspicious trade. Additionally, you declare that you will not violate any export and import control rules and regulations, and that you will not breach any embargoes or economic sanctions of any kind.
1.8. You must be at least 18 years of age have a sound mind and capable of forming binding contract under the applicable laws, and be able to obtain responsibility for your decisions and actions, and fully accept these Terms of Use and enter into any contract with us.

2. Risks
2.1. Please be aware of the fact, that servers doesn’t have warranty

2.2. The risks associated with obtaining servers from China involve obligatory to pay duties in your final destination.

3. Conclusion of a purchase contract

3.1. To purchase a product from us, you need to submit an order through our e-shop. A binding purchase contract will only be concluded at the moment of confirmation of the order by the company. The display of any product on the website does not, under any circumstances, constitute a binding offer to conclude a contract.
3.2. The Company reserves the right to refuse any order for its products, even without giving a reason. The company is not bound in any way by any purchase order, until a binding purchase contract is concluded. The company also reserves the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at its sole discretion, to the fullest extent permitted by law, we reserve the law.
3.3. The Company also reserves the right to refuse to process, or to cancel, or reverse, any order in its sole discretion, even after funds have been debited from your account, if the Company suspects the order may: involve money laundering, terrorist financing, fraud, or any other type of financial crime; be erroneous; or relate to a Prohibited Activity as set forth in these Terms of Use.
3.4. Please be aware of the fact, that our products’ inventory availability and listing prices are subject to change at any time without notice.
3.5. The Company reserves the right to limit the amount of time an item may remain in a customer cart. In case that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, the Company reserves the right, to refuse or cancel any orders placed for that item.
3.6. Except as otherwise stated, the risk of loss or damage for all products you order passes to you upon our delivery to the carrier (such as DHL/PPL).
3.7. You cannot cancel, reverse, or change any order completed through the website following the lapse of 24 hours from the completion time of such order and you cannot withdraw your consent to that order after this period of time.

4. No return and refund

4.1. After the lapse of 24 hours after you have submitted your order, you are not allowed to cancel the order or request a return of the price for the products you have ordered. It is important to note that you are obliged to pay the price after you submit your order. We do not accept returns for any items that have been previously purchased.
4.2. We will not provide any refund of any amount paid by you as a deposit or after delivering your purchased product.

5. Product repairs and service

5.1. All products are supplied "as is" considering that they are used second-hand devices. The products may have technical defects or deficiencies. The company does not guarantee any warranty for the functioning of the computers. We also do not perform repairs of any faults or technical errors on our products due to any sort of warranty or similar right.
5.2. The company offers a service for the repair of the delivered products, which is available as a paid service on the website. If you order a product repair service, please send your computer at your own expense to the company´s address stated in section 1.1 of these Terms and Conditions. The company will carry out the repair within 60 days from the day the machine is delivered to it and will send it back to you at its own expense. Everything stated in these Terms and Conditions regarding obligations arising from tax and customs regulations is similarly applicable in this case.
6. Payment methods

6.1. We accept payments via cards using the service "Stripe or Airwallex" as the service provider and payment via bank transfer. We only accept payments in EURO, USD, GBP or AUD. We also accept bank transfers.
6.2. The transport of the product is performed free of charge and is provided by transport companies such as DHL, PPL, UPS, FedEx or local Chinese companies.
6.3. We deliver all the goods in a period of 60 days from the confirmation of your order by the Company. In extraordinary cases, the delivery period may be extended beyond the 60 days. The Company will notify you of this fact in advance.



7. Liability limitation

7.1. The company wants to make it clear that all products are sold in used condition, with a certain level of wear and tear. This wear and tear may affect the safety of using the products. It is essential to exercise extra caution when using any of the company's products, as they may have technical or other defects. The company, its affiliates, service providers, as well as their officers, directors, agents, employees, successors, assigns, suppliers, or licensors, will not be held responsible for any damage caused by their products if you do not handle them with appropriate caution and fail to comply with relevant laws, particularly those related to fire safety.
7.2. Under no circumstances shall the Company, its shareholders, its affiliates, or its service providers, or any of their respective officers, directors, agents, employees, successors, assigns, suppliers, or licensors be liable for any direct, indirect, special, incidental, intangible, or consequential damages or loss of any kind, including without limitation loss of business, profits, or revenues, data corruption, loss or damage to reputation or goodwill, loss of opportunity, agreements or contracts, or anticipated savings, loss of use of hardware or software, and any damage arising from your use of the website, whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with authorized use of the website or unauthorized use of the website or the products.
7.3. Furthermore, the company is not responsible for any information about the website or products that you have received from any third party other than the company itself, including the company's trade partners.
7.4. The company is able to sell you also qualified leads for your business purpose.

7.5. In all cases arising from the use of or inability to use the services, products, devices, third-party websites, systems, services, apps, pages, or content, the Company shall not be liable, regardless of legal theory, and irrespective of whether the Company has been warned of the possibility of such damages. This applies even if a remedy fails to serve its essential purpose.
7.6. The Company shall not be liable for the non-performance, inadequate performance, or delay of obligations deriving from agreements or contracts caused by a Force Majeure Event or any action that is not reasonably foreseeable or beyond its reasonable control.
7.7. You acknowledge and agree that any claim or cause of action arising out of or related to the use of the website services, products, or these Terms of Use must be filed within one month following the occurrence of such event; otherwise, the claim will no longer be valid and cannot be heard afterwards for any reason whatsoever.
7.8. Notwithstanding anything else in the Terms of Use, under no circumstances shall the Company's aggregate liability to you exceed the actual amount paid by you for the products through the website. However, nothing in these Terms of Use limits the Company's liability for fraud or wilful misconduct.
7.9. The Company cannot guarantee nor promise to you that the website and the services will be available without any interruption, as well as we cannot guarantee that any order will be executed and accepted without any delay, thus the response times may be delayed. The Company will be not held liable for any losses or damages resulting from or arising out of order delays. In addition, the website or the services may not be fully accurate and complete, and we reserve the right, under any applicable law, to update, amend, change or modify the information displayed on the website, data or any other materials, from time to time, without any obligation to notify you. It is your sole responsibility to check any information displayed on the website. We will not be held liable for any decision you make based on such information.

8. Warranty Disclaimer

8.1. The products on our e-shop are provided in used condition, without any guarantee or warranty, whether express, implied or statutory. The Company explicitly disclaims any implied warranties of title, usability, satisfactory quality, fitness for a specific purpose or non-infringement. The Company does not make any assurances or guarantees regarding the completeness, error-free nature, continuous availability, uninterrupted usage, accuracy, or the correction of defects, nor does it make any claims about the products virus and bug-free status or the overall functionality, accuracy, and reliability of the products or the information obtained through the website. You assume and carry all risks associated with the use, quality, and performance of the products or the website. The Company shall not be held liable for any data loss that may occur for any reason. Additionally, the Company cannot guarantee the hash rate of the products or the software utilized by any of the products.
8.2. The Company does not make any representations, warranties, endorsements, guarantees, or assume responsibility for any third-party applications, products, services, or websites, or for any services and products advertised, promoted, or offered by a third party on or through the Company's website or any hyperlinked website. The Company is also not responsible or liable for any transactions between you and third-party providers or individuals mentioned above. It cannot be guaranteed that the website or products will be secure or free from bugs or viruses. Misuse of the website or products by knowingly introducing malicious or technologically harmful material such as viruses, trojans, worms, logic bombs, or attempting to gain unauthorized access to the website or related servers or databases is prohibited. Any breach of these terms will be reported to law enforcement authorities, and the User's right to use the website will be terminated immediately.

9. Third Party’s Services

9.1. The website's functionality may be connected or interact with other applications, software, technology, websites, and content from third-party sources in order to provide you with access to the services and products. These third-party systems have their own terms of use and privacy policies, and your use of these services will be subject to their respective terms and policies. The company does not endorse or take responsibility for the behaviour, features, services, or content of these third-party services, nor does it guarantee the compatibility of these services and devices with our products. There is no guarantee on the time it takes to process requests made through third-party services, such as debit/credit card or bank account transactions, as these are dependent on external factors. However, the company will make reasonable efforts to process your requests in a timely manner. You acknowledge that we may use third-party service providers to assist with order processing.

10. Indemnification

10.1. You agree to indemnify, defend and hold the Company harmless, including also its shareholders, affiliates, and service providers, and any of their respective employees, executives, officers, directors, and agents, from any claims, demands, liabilities, damages, expenses, or costs (including attorneys' fees, fines, or penalties) arising out of or related to (i) any breach of these Terms of Use, or other polices and agreements related to it; (ii) your use of the website, products, or the services or use by any other individual accessing the website or the including any content you post, promote or otherwise contribute; or (iii) any violation by you of any law, rule, regulation, or rights of any third party.

11. Import duties, taxes and related obligations

11.1. It is your responsibility to ensure that our products can be legally imported into your country. Shipping orders may be subject to import taxes, customs duties, and fees imposed by the country´s authorities. These fees are charged once a shipment reaches your country and are your responsibility. We have no control over these charges and cannot predict their amount. Customs fees and regulations differ from country to country and may change periodically. For further information, please contact your local customs office. Please note that you are fully responsible for paying these duties and fulfilling all related obligations. The company is not responsible for any non-delivery of its products due to a violation of your customs obligations.
11.2. Customs clearance procedures in your country may cause delays beyond our estimated delivery time. International shipping times may vary, but we suggest allowing at least 75 days from dispatch for you to receive your order. In some cases, packages may be delivered later than the estimated timeframe. Please be aware that shipping orders cannot be refunded if cancelled after shipment. We do not provide accounting, tax advice, or consultation under any circumstances. It is solely your responsibility to determine and investigate whether any taxes apply to the use of our products, and to properly withhold, collect, report, and remit the correct taxes to the relevant tax authorities in the applicable jurisdictions.

12. Registration of an account at the website

12.1. You hereby represent and warrant that any information or data you gave us in connection with account registration is true, accurate and complete, as well as you have never been previously suspended, removed, or banned from using and accessing the website.
12.2. You acknowledge that it is prohibited to register multiple or linked accounts.
12.3. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created under these Terms of Use or your use of the website.
12.4. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

13. Activities that are subject to limitations or restrictions.

13.1. When accessing our webpage through your account or using our products you may not:
13.1.1. pretend to be someone else or a different organization; follow, threaten, or bother any individual;
13.1.2. Break any laws, regulations, or rules; disturb or disrupt the website; provide false, inaccurate, misleading, defamatory, abusive, obscene, profane, offensive, sexually explicit, threatening, harassing, or illegal information through the website, or interact with the website in this manner;
13.1.3. Use the website or products in any way that violates the rights of a third party, such as privacy rights, intellectual property rights, copyright, patent, trademark, trade secret, rights of publicity, or privacy rights;
13.1.4. Post, email, or transmit any harmful code, files, or programs intended to interrupt, damage, destroy, or restrict the functionality of computer software, hardware, or telecommunications equipment, or covertly intercept or appropriate any system, data, or personal information;
13.1.5. Adjust, modify, translate, reverse engineer, decode, decompile, or otherwise dismantle any part of the website, products, or any software used on or for the website; rent, loan, sell, distribute, license, sublicense, or access any portion of the website;
13.1.6. Use any robot, spider, website search/retrieval tool, or other manual or automated device or process to retrieve, index, extract data, or in any way reproduce or bypass the website's navigational structure or presentation of its contents;
13.1.7. Directly or indirectly link to any other websites; discriminate against or harass anyone based on race, nationality, religion, gender, gender identity, physical or mental disabilities, medical conditions, marital status, age, or sexual orientation, or encourage a third party to engage in the above restricted activities;
13.1.8. Use the website and products for unlawful purposes;
13.1.9. Gather information (including, but not limited to, product listings, descriptions, photos, images, or prices) listed on the website, for other purposes but to buy one of the products;
13.1.10. Adapt, modify, or create derivative works of the website or its information, or any part thereof;
13.1.11. Publish or use on the website language, text, photos, graphics, or any content that is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent, or otherwise objectionable;
13.1.12. Create a hyperlink to the website or any webpage without obtaining our written consent; or imply affiliation, endorsement, or sponsorship by the Company, or cause confusion, mistake, or deception in connection with the Company.

14. Termination

14.1. The Company may in its sole discretion and at any time discontinue providing the services, or any part thereof, with or without notice. You agree that any termination of your access to the website under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and/or bar any further access to the website. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the website.
14.2. The Company may terminate these Terms of Use or any concluded purchase contract immediately without notice for any of the following reasons: (a) if you fail to make any payment when due; (b) for any unauthorized access or use by you; (c) if you assign or transfer (or attempt the same) any rights granted to you under these Terms of Use to a third party; (d) if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the website; (e) if you transmit or receive any Information using the website (or cause the same) in violation of these Terms of Use (the Company at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (f) if you violate any of the other terms and conditions of these Terms of Use.
14.3. Termination or cancellation of these Terms shall not affect any right or relief to which the Company may be entitled by the laws. Upon termination of these Terms, all rights granted to you will terminate and revert to the Company as it reserves the right to modify the terms and conditions of these Terms. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for your use of the website, and discontinuance of functional aspects of the website. The Company may also add, withdraw or modify services, products or information within the website at any time in its sole discretion.

15. Modifications and alterations to these Terms of Use

15.1. The Company has the authority to modify, alter, amend, and waive any provision of these Terms of Use as it sees fit, at any time, for any reason, including but not limited as a reaction to changes in laws, regulations, and security measures related to our products and website. We may also choose to inform you about certain changes by sending an email to the address associated with your account. It is your responsibility to provide us with your current email address, which can be done when creating an account or by updating your information while logged in. Any changes or revisions to our services, policies, or terms, including the Terms of Use and Privacy Policy, will become effective once they are posted.

16. Governing Law

16.1. These Terms of Use, any purchase contracts concluded between you and us under these Terms of Use and any rights or claims arising out of or in connection with it (including any non-contractual claims) shall be governed by the laws of the Hong Kong Special Administrative Region without giving effect to any applicable laws on conflicts of law. Any dispute, controversy or claim arising out of or in connection with this Terms of Use shall be subject to relevant courts in the Hong Kong Special Administrative Region.

17. Intellectual Property Rights and License Grant

17.1. The Company owns or has licensed all intellectual property rights related to the website and its content. The ownership rights, title, and interest in the website, services, and content will remain with the Company and/or any other third parties.
17.2. We hereby provide you with a limited, non-exclusive, non-transferable, revocable license to access and use the website, as well as any related content, materials, data, and information, subject to the conditions outlined in these Terms of Use. This license is granted solely for approved purposes, as permitted by us.

18. Content generated by our clients

18.1. You hereby guarantee and warrant that, with respect to any User Content issued or posted, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by the Company does not violate these Terms of Use or any other rights set forth below, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by the Company, or entity or individual without express written consent from the Company or such individual or entity. The Company may, but has no obligation to, monitor, review, or edit User Content. In all cases, the Company reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in the Company's sole discretion, violates the Terms of Use. The Company may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. You are solely responsible for all User Content that you post. The Company is not responsible for User Content nor does it endorse any opinion contained in any User Content. You acknowledge and agree that posting any User Content that violates these Terms of Use may result in immediate termination or suspension of your account.
18.2. You hereby agree, accept and approve, that in the event anyone brings a claim against the Company related to User Content that you post, then, to the extent permissible under applicable law, you will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.

19. Final Provisions

19.1. These Terms of Use, including any exhibits, forms and schedules, comprise the entire understanding and agreements between you and Company as to the subject matter hereof, with regards to the concluded purchase contracts. These Terms of Use supersede any and all prior representations, discussions, agreements and understandings, written or oral, to the extent that they related in any way to the subject matter hereof.
19.2. In the event that any provision of the Terms of Use is deemed illegal or unenforceable in a particular jurisdiction, either in whole or in part, such provision shall be deemed ineffective only to the extent of its illegality or unenforceability in that jurisdiction, without affecting its validity or enforceability in any other jurisdiction or manner. Furthermore, the remaining provisions of the Terms of Use shall remain valid and enforceable in their entirety.
19.3. In the event that the Company is acquired by or merged with or into any third party, we reserve the right, under these circumstances, to transfer or assign all and any information that has been collected from you or provided voluntary by you, including any personal information, and these Terms of Use, as part of such merger, acquisition, sale, or other change of control.
19.4. You may not transfer or assign any of the obligations, interests, and rights granted to you under these Terms of Use without the consent writing of our Company. We reserve the right to assign all obligations or rights without restriction, including without limitation to any agents, affiliates, or to any successor in interest of any business associated with our services and website. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, and their successors or permitted assigns.
19.5. Unless otherwise expressly stated, nothing in the Terms of Use shall create or confer any rights or any other benefits to third Parties.
19.6. The failure of the Company to require or enforce strict performance of any provision of these Terms of Use or to exercise any right under the Terms of Use shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right (or any other provision and/or right contained this document in its entirety, as the case may be) in that or any other instance.
19.7. All communications from the Company will be provided to you via electronic means at the email address you provided when accessing the website. You agree and consent to receive electronically all documents, notices, agreements, updates, communications in regard to your account. We shall not be responsible for any harm you may suffer as a result of your failure to receive any notice or message provided to you in connection with these Terms of Use or your use of the website as long as such notice is provided to such email address.

20. Comments, Inquiries, and Grievances

20.1. You can contact us at any time at info@hkhwltd.com with your questions, feedback or complains.
20.2. By using the website, you accept and acknowledge that any feedback, suggestions, ideas, or other information related to the website you provide via email become our property. Additionally, you agree to transfer all rights, titles, ownership, and interests of any feedback, idea, suggestion, or improvement, including all related intellectual property rights, to us. Furthermore, you waive any request for acknowledgment or compensation regarding any modifications made based on your suggestions, feedback, ideas, or improvements.
20.3. If you wish to make a complaint about any aspect of the services you are welcome to do so via the given email address. Within 10 Business Days, we will provide you with confirmation of receiving your complaint. We will proceed to investigate the matter and provide you with the outcome of our investigation within 21 Business Days from the date of receiving your complaint.