We want you to love your TREE Limited (“TREE”) item(s) (“Piece(s)”) as much as we do. If you have any questions or would like advice about how to care for them, please ask one of our staff or email us at firstname.lastname@example.org.
Now for the boring but important bit. We’re an easy-going kind of company but in this day and age, we do need to give you the heads up on some legal stuff.
All orders for Piece(s) (“Orders”) are subject to stock availability. If we have sufficient stock to fulfil your Order, you will receive an Order confirmation which will act as our acknowledgment of receipt of your Order. In the event of supply difficulties or unavailability of stock to fulfil your Order, we will notify you by email and we will refund any payments made for the Order.
A contract is formed only if we have issued an Order confirmation to you and only in respect of the Piece(s) contained in the Order confirmation. These Terms and Conditions form part of the contract and are incorporated to the exclusion of all other terms.
You represent and warrant to us that you are an individual who is 18 years old or older, you have the authority, capacity and power to enter into a legally binding contract with us.
By paying for an Order, whether in full or in part, you represent and warrant:
(b) your offer to make your purchase of the Piece(s) stated in the Order in accordance with these Terms and Conditions exclusively; and
(c) that you will comply with these Terms and Conditions.
These Terms and Conditions apply to both online and in-store purchases of Pieces.
If you do not agree to these Terms and Conditions, you must not use our website or purchase Piece(s).
The amount stated on your invoice or on our website is the current price of your Piece(s) and is agreed upon the date of purchase. We will not entertain any disputes that arise thereafter.
The price excludes delivery, charges, tax, customs, levies or similar governmental charges. All duties, charges, customs, taxes or other governmental charges and declarations for importing the Pieces will be your responsibility and borne by you.
Prices may change from time to time. However, changes will not affect any Order for which we have sent you an Order confirmation.
We will use our best efforts to ensure that all details, descriptions and prices of Piece(s) that appear on our website are accurate. However, there may be instances where errors occur. If we discover that an error in price has occurred, we will inform you as soon as possible and provide you the option of reconfirming your Order at the correct price or cancelling your Order. If we are unable to contact you or if we do not receive a response from you, the Order will be treated as cancelled and you will receive a full refund. If you choose to reconfirm your Order, we will arrange to deliver your Order and we will charge you or refund you any amounts as stated in our notification to you shortly after receiving your reconfirmation of your Order by the form of payment and payment method used to place the Order.
The legal and beneficial title of ownership of the Piece(s) of your purchase will only pass to you once you’ve made full payment. Any risk (such as loss, damage, destruction or deterioration of the Pieces) however it arises will pass to you upon receipt of first payment for the Piece(s).
In the event we cannot fulfill the Order after payment is made, we will inform you as soon as practicable and arrange for full refund for the money paid. We are entitled to refuse any Order placed by you at any time.
You may pay for the Piece(s) by using any payment intermediary listed on our website. If you choose to pay with a payment intermediary, it means you consent for us to provide documents and information about you to the payment intermediary, including documents and information containing your personal data. We are not a regulated payment processor or money service operator. We are not responsible for any payment failures or issues caused by the payment intermediaries on our website.
You may also pay all or part of your Order using a gift voucher provided by us. Gift vouchers may only be entered online or provided in person upon checkout.
By authorising payment, you confirm that you are the owner or user of the payment method you have selected, and that you have sufficient funds to settle the payment. We will not be liable or responsible for any unauthorised use by any third party of your credit, debit or prepaid cards, even if those cards were reported stolen. We reserve all our rights in respect of any payments you have made to us without authority (including to claim damages, cancel an Order or retain payments we have received in good faith).
You are responsible for all bank and other payment charges. You are responsible for providing complete and accurate information in the payment process and any payments must be paid by your own funds.
Payment is made when we have received the full cleared amount or the agreed deposit amount of the Order without claim, deductions or set-off.
We reserve the right to refuse or reject an Order made by you at any time (even after we have sent an Order confirmation). We will not be held liable to you or a third party for cancelling or refusing to accept an Order. If we cancel your Order after we have received payment (and even after we have sent an Order confirmation), the payment for the Order will be fully refunded to you.
You will indemnify us fully, and keep us fully indemnified, in respect of any chargebacks or reversal of payments made by you, and any loss, cost, liability or expense incurred by us arising from or in connection any such chargeback or reversal of payments.
On a case-by-case basis and at our sole discretion, TREE may agree to accept a deposit amount upon placing an Order. TREE will also determine at our sole discretion the deposit amount and the date on which the remaining purchase price is due. Any deposits paid shall constitute part of the purchase price of the Order. If you fail to pay the remaining purchase price of the Order by the payment date stated in the invoice, the deposit will be non-refundable and will remain the property of TREE.
Your Piece(s) will be delivered to the location you designate to us when placing the Order (“Delivery Location”) within fourteen days from the date of purchase, unless (i) you request otherwise on this invoice or via email and we have agreed to your request; or (ii) your Piece(s) are pre-orders ("Pre-Ordered Pieces”), in which case they will be delivered to the Delivery Location (“Pre-Order Delivery”) within the time period specified on your invoice or within such other time period as may be informed to you by us (the “Stipulated Time Period”).
This may sound obvious, but please do check that your Piece(s) will fit perfectly into the Delivery Location. Doorways, lifts and even stairwells can be deceptive. If you would like us to double check the measurements to be sure, please just let us know. We can then easily arrange delivery to you.
You are responsible for providing a safe means of access to the Delivery Location. If our delivery staff considers that access to the Delivery Location is unsafe, then we will not deliver the Piece(s) through that access.
It is your responsibility to provide non-slippery protection for the floors, walls and carpets at the Delivery Location. We will not be held responsible for damage to floors, carpets or walls that are insufficiently protected when delivering the Piece(s) to the Delivery Location.
For more information on deliveries and delivery charges, please contact us at 2870-1582 or email@example.com or visit our website shipping & delivery customer service section.
If you place an order for a Piece for overseas delivery, we will contact you by email or telephone to agree the pricing and timelines for the overseas delivery.
TREE undertakes to store purchased Piece(s) for customers for a period of fourteen days free of charge. However, beyond that period, we are happy to continue to store the Piece(s) in our warehouse, for a fee of HK$1,200 per month. If our warehouse is out of space, we are also happy to contact a third-party storage company and our staff will advise you separately about their storage fee and the transportation logistics to use their storage services. Please note that the storage fees are subject to change.
Please ensure that you, or a person nominated on your behalf, check your items very carefully after they are picked up by the storage company. Please understand that we cannot be held liable for any issues that occur during the storage period.
You will also need to arrange transportation from the third-party storage warehouse to your destination unless otherwise agreed.
We strive to make sure that our furniture reaches its new home as soon as possible. But as there are many factors involved in the delivery process, any times quoted for delivery are genuine estimates only and are given in good faith, but are not guaranteed. Because of this, please understand that we are unable to accept any liability if there is any delay in delivery.
If there is any issue with the Piece(s), please contact us by email. We will use our best efforts to address the issue with the Piece(s), provided the Piece(s) was used under normal conditions and was used for the purposes for which it was designed. We may decline to address any issue if the defects or damage arise from negligence, abuse or misuse, including improper maintenance exposure to water, direct sunlight, coastal air, chemicals, accidents, or any use for which the Piece(s) was not designed. Our commitments in this provision do not cover ordinary wear and tear or failure to comply with our care instructions or specifications.
We take great care to preserve the character of each Piece. Therefore, no two items will be exactly alike. Materials have their unique characteristics. They may vary in colour, grains patterns, and texture but these are not manufacturing defects. Colour shown on your computer screen may differ from the real colour. Photos on our website are for illustration purpose only. If this concerns you, please visit our store to speak to our staff or contact us at firstname.lastname@example.org.
All sold Piece(s), including any deposit paid, are non-refundable.
If for any reason you are not happy with your purchase(s), please notify us in writing within seven days of delivery for an exchange or credit note valid for one year. We will arrange collection and you will be charged for the costs and expenses of returning the Piece(s), which must be paid prior to the collection.
Naturally, we cannot accept returns of custom made, commissioned or bespoke Pieces, damaged Pieces, TREE gift vouchers, homeware, art, plants, unwrapped mattresses, unwrapped sofa and fabric items, bed linens, cushions or rugs. Sale or discounted items, one off items and any items damaged after you have acknowledged receipt are also not eligible for exchange.
Our gift and e-gift vouchers cannot be exchanged for cash. If your purchase total is lower than the face value of the voucher, no money back will be issued. Please understand that TREE will not reissue any gift voucher in the case of loss or damage. In the event of any dispute arising from the use of TREE gift or e-gift vouchers, the decision of TREE will be deemed final.
Under normal circumstances, we do not allow you to cancel an order after you have submitted the order. Please contact email@example.com immediately if there is a specific reason for cancellation.
A few final legal points which are dull but essential.
We disclaim all liability to the maximum extent permitted by law and we assume no responsibility for losses to you or any other person arising from the Piece(s), and in particular from the quality, image, description or specifications, conformity with description and reasonable fitness for purpose of the Piece(s).
We shall not, except in respect of death or personal injury caused by our negligence, be liable to you, whether in contract, tort (including negligence of ours or our employees, agents, officers or consultant, breach of statutory duty or otherwise) arising out of or in connection with these Terms and Conditions for any loss of profits, loss of business opportunity, loss of goodwill, loss of anticipated savings or benefits, or for any type of indirect, special or consequential loss, even if that loss or damage was reasonably foreseeable or we were aware of the possibility of that loss or damage arising.
Our liability arising directly or indirectly under these Terms and Conditions (including your purchase of Piece(s) from us under these Terms and Conditions), or that is not otherwise expressly excluded under these Terms and Conditions, will be limited the price of the relevant Piece(s) giving rise to the liability.
These provisions are exhaustive of the remedies of monetary damages for you arising out of or in connection with these Terms and Conditions.
These Terms and Conditions are governed by and construed under the laws of Hong Kong SAR. Each of the parties submits to the jurisdiction of the Hong Kong SAR courts as regards to any claim or matter arising under these Terms and Conditions.
These Terms and Conditions are written in English but we also have a version in Traditional Chinese which is available upon request. If there is any conflict or inconsistency between the English and Chinese version, the English version shall be the governing and prevailing version.
Otherwise and more than anything, thank you for choosing TREE.
tree.com.hk (“Website”) is a website operated by TREE LIMITED (“our”, “we” or “us”), a private company limited by shares incorporated in the Hong Kong Special Administrative Region of the People's Republic of China (“Hong Kong”) with Companies Registry number 786859. Please e-mail firstname.lastname@example.org to contact us.
1.1 Your creation of an Account or use of our Website constitutes:
(b) your undertaking to us to comply with them.
(a) create an Account on our Website;
(b) communicate to us, submit information or upload content to our Website; or
(c) use our Website.
3.1 We may update and change our Website from time to time to reflect changes to our items (“Pieces”), our users’ needs and our business priorities at our discretion and without notice.
3.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You will not be entitled to any compensation or other payment upon the discontinuance, suspension, withdrawal or alteration of our Website, or if we stop publishing the Website.
4.1 We are the owner or the licensee of all copyright and other intellectual property rights on our Website, and in the content and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others to the content posted on our Website.
4.3 You must not edit or otherwise modify the paper or digital copies of any materials you have printed off or downloaded from our Website in any way. You must not use any illustrations, photographs, video or audio sequences or any graphics from our Website separately from any accompanying text.
4.5 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged in any use by you or on your behalf of materials from our Website.
4.6 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our Website (including republication on another website);
(b) sell, rent or sub-license material from our Website;
(c) show any material from our Website in public;
(d) exploit material from our Website for a commercial purpose; or
(e) redistribute material from our Website (including submitting or providing material or information from our Website to similar platforms, our competitors, or any other third party websites).
4.8 We reserve the right to restrict access to areas of our Website, or our whole Website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
5.1 You must not:
(a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
(b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, or data harvesting) on or in relation to our Website without our express written consent;
(e) access or otherwise interact with our Website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our Website;
(g) use data collected from our Website for any direct marketing activity (including email marketing, SMS marketing, telemarketing or direct mailing); or
(h) use data collected from our Website to contact individuals, companies or other persons or entities, other than to contact us in the course of our business.
5.2 You must ensure that all the information you supply to us through our Website, or in relation to our Website:
(a) is true, accurate, current and complete, and is not misleading;
(b) complies with all applicable laws and regulations;
(c) does not infringe the privacy, confidentiality or intellectual property rights or other rights of any person; and
(d) is not offensive, abusive, pornographic, defamatory, unreliable, misleading, illegal or otherwise objectionable.
5.3 You represent and warrant that all material and information you supply to us through our Website or in relation to our Website is material or information that:
(a) you have created or arose from transactions that you (or your organisation) were party to or were directly involved in; and
(b) was not obtained from similar platforms, our competitors, or any other third party websites.
5.6 We have the right but not the obligation to monitor and edit or remove any activity or content on our Website.
6.2 We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is true, accurate, current or complete.
6.3 You agree and acknowledge that your use of any information, material or content obtained through our Website is at your own risk and discretion.
7.1 Links from our Website to other websites and resources provided by third parties are provided for your information only. Links to other websites and resources from our Website should not be interpreted as, and are not, recommendations or approval by us of those linked websites or resources, or any information you obtain from them.
7.2 You acknowledge and accept that we have no right or control over the contents of other websites and resources that are linked from or referred to on our Website.
8.1 You may link to any page of our Website (including any web page or blog post), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
8.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.3 You must not establish a link to our Website in any website that is not owned by you.
8.4 Our Website must not be framed on any other website nor may you create a link to any part of our Website, except with our prior written approval.
8.5 We reserve the right to withdraw linking permission without notice.
8.6 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (see paragraph 5 above).
8.7 Please contact email@example.com to seek our prior permission to any linkage to our Website that does not comply with this paragraph 8.
9.1 Our Website is an e-commerce platform. It provides an online platform for our Customers to purchase a range of Pieces.
9.2 The services that will be provided through the Website include:
(a) listing of Pieces;
(b) sales of the Pieces through our Website;
(c) provide assistance to the Customers to process and fulfil orders and deliveries of the Pieces; and
(d) such other services in relation to the objectives set out in paragraph 9.1 above.
10.1 Whenever you make use of a feature that allows you to submit or upload information or content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy in paragraph 5 above.
10.2 You undertake, represent and warrant that any submission or uploading of information or content to our Website will comply with our Acceptable Use Policy in paragraph 5 above.
10.3 Subject to paragraph 10.4 below, any information or content you submit or upload to our Website will be considered non-confidential and non-proprietary. By submitting or uploading information or content to our Website, you agree to grant:
(a) us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, make available to third parties, edit, update or modify that information in connection with our Website and the service provided by our Website, or in connection with promotion of our Website and its service; and
(b) other users of our Website a limited licence to use, store and copy that information.
10.4 We may disclose your identity to any third party who is claiming that any information or content submitted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
10.5 If you mark information or content submitted or uploaded to our Website as confidential, we will use reasonable skill and care to keep that information and content confidential.
10.6 We may be obliged to disclose, in whole or in part, information or content you submit or upload to our Website or to us, including personal details, documents and information concerning work carried out on your behalf:
(a) where disclosure is required by law, including disclosure to law enforcement authorities, regulators or tax authorities;
(b) where permitted to do so in accordance with law to protect our own legitimate interests;
(d) where required by our insurers, auditors, lawyers or advisers to provide information to them; or
10.7 To the extent permitted by law, you agree and consent that we may monitor electronic communications, including upload, viewing and download of content from our Website, to ensure compliance with our legal and regulatory obligations and internal policies.
11.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
11.2 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
11.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
11.4 You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.
11.5 You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
11.6 If we believe you have breached the provisions of this paragraph 11, your right to use our Website will cease immediately, and we may disable, delete, suspend or cancel your Account on the Website at any time. We may report any breach to relevant law enforcement authorities, and will do so if required to do so under applicable laws.
12.1 the TREE logo and associated trademarks are owned solely and exclusively by us.
12.2 You are not permitted to use our trademarks without our prior written approval, unless they are part of material you are using (and reproducing exactly) as permitted under paragraph 4 above.
14.1 Subject to paragraph 14.7, we disclaim all liability to the maximum extent permitted by law, and we assume no responsibility, for losses to you or any other person arising form:
(a) third party content or user content;
(b) our content, and in particular from the accuracy, completeness or current status of our content;
(d) inability to gain access to the Website or any part of it, or access is interrupted or partial, or functions with errors, at any time; and
(e) any failure by us to perform, or delay in performing, any obligations, whether or not we give prior notice, if and to the extent that the failure or delay is caused by any circumstance beyond our reasonable control, and includes war or threat of war; an act of God; natural or nuclear disaster; riot or civil commotion; pandemic; malicious damage; fire or flood; telecommunications failure, power supply failure; terrorism; fuel strikes; computer breakdown; failure of suppliers to meet delivery requirements; industrial disputes; compliance with a new law or order of a government authority or judicial authority; closure of airports or ports; trade dispute unrelated to the party affected by the event or state of affairs causing cessation or slow-down of work; and the absence of personnel due to illness or injury, and the time for performance of any obligation, the performance of which is so affected, will be extended accordingly.
14.6 Any disclaimer of liability includes that all representations or warranties, whether contractual or non-contractual, and all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise (including implied undertakings of satisfactory quality, conformity with description and reasonable fitness for purpose) are excluded to the maximum extent permitted by law.
(a) for death or personal injury arising from our negligence;
(b) for fraud or reckless disregard of professional obligations;
(c) for any other liabilities which cannot be excluded or limited in the jurisdiction to which any relevant claim is subject, including restrictions on our right to limit our liability in Hong Kong; and
(d) in any other case, to limit our liability to less than such minimum amount as may be required in the circumstances under any other law or regulation relevant to the claim, in which case such minimum amount will be deemed substituted for the amount that would otherwise apply.
15.1 You will on demand fully indemnify, and keep fully indemnified, the Indemnified Parties from and against all claims, costs and losses of any nature whatsoever that the Indemnified Parties may suffer or incur arising out of or in connection with:
(b) any infringement or alleged infringement by you of any third party’s intellectual property rights;
(d) your use of our Website.
15.2 We will be entitled to recover from you all out-of-pocket expenses we reasonably incur in connection with an indemnified claim, and all such expenses will be payable on demand.
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our Website;
(c) permanently prohibit you from accessing our Website;
(d) block computers using your IP address from accessing our Website;
(e) contact any or all your internet service providers and request that they block your access to our Website;
(f) suspend or delete your Account on our Website; or
(g) commence legal action against you, whether for breach of contract or otherwise.
16.2 If we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent that suspension or prohibition or blocking (including creating or using a different Account).
17.3 We subcontract the hosting of the Website to a third party.
“Account” means the account that you may create or register to use our Website;
“affiliate” when used with reference to a person, means any person that directly or indirectly through one or more intermediaries controls, is controlled by or is under common control with the specified person;
“Customer” means a person who makes an order for Pieces on the Website; and
“Indemnified Parties” means us, each of our affiliates, and respective officers, employees, consultants, agents or subcontractors.