1.1         This Gift at Races web site (the “Gift Shop”) is owned and operated by The Hong Kong Jockey Club of 1 Sports Road, Happy Valley, Hong Kong (“HKJC”).  The use of the Gift Shop is governed by the following terms and conditions as amended from time to time (the “Terms and Conditions”).  For the avoidance of doubt, despite the actual web address of the Gift Shop, the Gift Shop shall be deemed as if it were a website with second level domain name “.hkjc” and thus a Website as defined in the disclaimers as found on www.hkjc.com (“Group Disclaimer”) and subject to the Group Disclaimer.

1.2         By browsing the Gift Shop and/or placing any order (each, an “Order”) for products (each, an Ordered Product) on the Gift Shop, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions (including any amendments to them) you should immediately cease using the Gift Shop.

1.3         The content of the Gift Shop will be updated from time to time, including these Terms and Conditions. HKJC encourages you to check these Terms and Conditions regularly. By continuing to use the Gift Shop after these Terms and Conditions have been updated, you acknowledge that you have read and understood the updated Terms and Conditions and agree to be bound by them.

2.1 Eligibility

You may only purchase products from the Gift Shop for personal use or as gifts, and not for resale. HKJC may reject any Order if HKJC, on reasonable grounds, suspects that the Ordered Products are intended for resale.

2.2 Acceptance of orders

By placing an Order on the Gift Shop you are making an offer to purchase products on these Terms and Conditions.  HKJC reserves the right to accept or reject your Order for any reason, including without limitation an error in your Order or the unavailability of the products. A contract to purchase products will only come into existence upon acceptance by HKJC of your Order. You may not cancel an Order once submitted.

2.3 Product descriptions

(a)          Photographs, images and/or other illustration of products on the Gift Shop are for illustrative purposes only and should not be relied on as accurate representations of actual products.

(b)          HKJC may change product descriptions for any product on the Gift Shop at any time.

2.4 Product availability

(a)          Products available on the Gift Shop may be limited in supply and are only available while stocks last. HKJC reserves the right to limit the quantity of products which may be purchased by each customer.

(b)          Despite HKJC’s best efforts, products may occasionally be displayed as in stock when they are in fact sold out.  In such circumstances, HKJC reserves the right to handle the relevant accepted Order as it deems fit, including cancellation of such accepted Order (in which case any payment received will be refunded) or postponement of the delivery of the relevant Ordered Product according to, inter alia, the availability.

(c)          HKJC may change, discontinue or substitute products on the Gift Shop at any time.

2.5 Pricing and payment

(a)          The price of a product is as specified on the Gift Shop at the time you place your Order.  HKJC may change prices for any product on the Gift Shop at any time.

(b)          You acknowledge that despite HKJC’s best efforts, occasionally products may be displayed with incorrect pricing.  In such circumstances, HKJC reserves the right to cancel an accepted Order, in which case any payment received will be refunded.

(c)          The Gift Shop accepts payment processed by PayPal only. By placing an Order, you warrant that the payment card and/or PayPal account used for payment are your own and valid, that your payment will be processed without any hindrance and that the paid sum is cleared fund without any encumbrance.  You acknowledge and agree that use of PayPal’s services shall be at your own risk.

(d)          HKJC will not be required to deliver any of the products to you until you have made full payment of the price of the products Ordered and any other applicable charges (including delivery or freight charges, taxes).

(e)          All tax as may be imposed on your purchase, your payment and/or delivery to you pursuant to any applicable laws and/or under any order of any competent authorities shall be borne by you.

(f)           Further to the foregoing, you acknowledge that there might be taxes and/or charges in connection with your Order (and/or delivery thereof) beyond contemplation at the time of your check-out for that Order, and agree and irrevocably authorise that in case of any such charges which are more than a de minimus level, HKJC may by using your personal data and payment details, submit a relevant transaction for such charges to payment card or PayPal.

2.6 Delivery

(a)          HKJC will only deliver to valid addresses (excluding post office box).  HKJC may reject an Order if an address or pick-up location is not provided at the time of placing an Order.  HKJC may also cancel an Order if in HKJC’s opinions, delivery to the address as provided for that Order is impossible or unpractical.

(b)          Unless otherwise indicated, you are responsible for paying all transport and delivery charges for your purchases on the Gift Shop.

(c)          HKJC or its subcontractors may use any courier or other delivery service at its discretion, and HKJC or its subcontractors may at its discretion deliver products under the same Order in instalment. Within 7 business days from receipt of your Order, HKJC will place shipment order for your products and issue you with the relevant order number.  For the avoidance of doubt, any Order received after 5 pm of a business day shall be deemed to be received at the beginning of the next business day.

(d)          HKJC or its subcontractors will endeavour to deliver the products to the address specified in your Order within 14 business days (if the delivery address is within Hong Kong) or 21 business days (if outside Hong Kong). “Business days” throughout these Terms and Conditions means Monday to Friday, excluding Hong Kong public holidays.  However, HKJC is not liable for any failure to meet any of these timeframes.

(e)          HKJC insures each Order through transit up until it is delivered to you (or the specified recipient). Title to and risk in loss of and/or damage to the products shall be passed to you on the physical delivery of the products to the address specified in the Order.

(f)           If you do not take delivery of the products when they are made available to you, or if you fail to provide accurate instructions, documents or authorisations to enable the products to be delivered or custom declaration to be made, HKJC or its subcontractors may, upon written notice to you, store the products until re-delivery is possible. In these circumstances, delivery will be deemed to have taken place and title to and risk in the products will be passed to you. HKJC may charge you for any expenses (including storage and insurance) arising from your failure to take delivery.

(g)          HKJC or its subcontractors will not be liable for any delay or failure in delivery caused by or resulting from acts of God, natural disasters, fire, flood, civil disturbance, war, government intervention, industrial action, equipment failures or other causes beyond their reasonable control.

2.7 Returns

(a)          All products sold by the Gift Shop are provided with a warranty of 14 days from the date where the product is delivered to the address specified in the relevant Order (Warranty Period).  Returns will be accepted during the Warranty Period for the following reasons only (each subject to Clause 2.3):

(i)           product is faulty on delivery or becomes faulty (other than by accidental or intentional damage or misuse) during the Warranty Period;

(ii)         product is delivered damaged (which must be reported within 48 hours of delivery); or

(iii)       incorrect product is delivered, and the product has neither been worn, washed or altered nor labelled as “non-returnable”.

(b)          Returns will not be accepted for any other reason, such as change of mind.

(c)          To return an item, please fill in the designated form on the Gift Shop during the Warranty Period to obtain a return authorisation and follow the instructions provided to you. For authorised returns, HKJC will bear the cost of return postage only if your obligations in this Clause 2.7 have been fulfilled.

(d)          Products must be returned complete, in or with their original packaging and, except for faulty or damaged products, in resalable condition.

(e)          If HKJC accepts a return, it will provide either a replacement or a refund of the product price and delivery costs at HKJC’s sole option. HKJC will bear the cost of delivering any replacement.

(f)           Product exchange will be accepted if:

(i)           the product is not labelled as “non-exchangeable” and has not been worn, washed or altered;

(ii)         you have filled in the designated form on the Gift Shop within the designated period and obtained an exchange authorisation form the Gift Shop;

(iii)       you return the product for exchange in or with their original packaging and in resalable condition; and

(iv)        you bear all delivery charges, levies and taxes arising in connection with the product exchange.

Further, each product could only be exchanged once.

2.8 Feedback or Enquiry

HKJC appreciates your feedback. To make an enquiry, comment or complaint about Gift Shop, please fill in the designated form on the Gift Shop.

3.1         All materials as displayed or otherwise used by HKJC (“HKJC Materials”) are solely for the purpose of facilitating your shopping and HKJC reserves all rights, titles and interests in and to the HKJC Materials. Except for the direct purpose of recording any Order on the Gift Shop and other reasonable incidental purposes, you must not (a) copy, reproduce, modify, communicate to the public, adapt, transfer, distribute, download, display or store any of the contents of the Gift Shop and/or (b) incorporate any part of the Gift Shop into other web site(s) and/or application(s).

3.2         Further, nothing on the Gift Shop and/or in or through your access to or use of the Gift Shop shall constitute or create or confer on you (whether by way of assignment or licence) any rights, titles and/or interests in and to any HKJC Materials.

3.3         HKJC reserves the right to revise the content of, amend links from or withdraw access to the Gift Shop at any time without notice and without liability to you or any other person.

4.1         Without prejudice to Clause 5 below and HKJC’s data privacy policy, you undertake that all data provided by you on the Gift Shop (regardless of whether such data will be within the scope of “personal data” as defined in the Personal Data (Privacy) Ordinance (CAP.486) of Hong Kong and/or any other similar laws and regulations as may be applicable to you) shall be true, complete and accurate.

4.2         You undertake and ensure that you will not transmit, distribute or otherwise communicate using the Gift Shop anything containing any malware or element which may affect the functionality of HKJC’s website or the Gift Shop; or cause damage to, interference with, or erode any data or system belonging to HKJC, its subsidiaries or any third party.

5.1        Without prejudice to the generality in HKJC Privacy Policy Statement (https://www.hkjc.com/home/english/corporate/corp_privacy.aspx), HKJC may collect, use and disclose personal data about you for purpose of processing your Orders and related matters (including performing credit, fraud prevention and crime prevention checks and/or handling enquiries, comments, requests or complaints), in accordance with such Privacy Policy Statement.

Without prejudice to the Group Disclaimer, the Gift Shop and its entire contents are provided on an "as is" basis. HKJC and its directors, officers, employees, agents and contractors give or make no representation or warranty (either express or implied) as to the completeness, accuracy, reliability or availability of the Gift Shop or its contents nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the contents of the Gift Shop and/or for any liabilities, issues or problems as you may encounter in or in connection with your use of the Gift Shop (including delay, failure and/or interruption in any transmission in connection with your use). You should be aware that information current to a particular time or date as placed on the Gift Shop does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, for various reasons, substantial delays may occur before particular information on the Gift Shop is updated.

7.1         To the maximum extent permitted by law, HKJC and its directors, officers, employees, agents and contractors will not liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising from: (a) your use or non-use of the Gift Shop; or (b) your reliance upon information obtained from the Gift Shop, whether under breach of contract, tort (including negligence) or on any other basis.

7.2         To the maximum extent permitted by law, HKJC’s and its directors’, officers’, employees’, agents’ and contractors’ aggregate liability for any loss, damage, claim, expense, cost (including legal costs) or liability arising from: (a) the ordering or purchase of products from the Gift Shop; (b) the late delivery or non-delivery of products from the Gift Shop; or (c) the use or performance of products from the Gift Shop, whether under breach of contract, tort (including negligence) or on any other basis, will be capped at the price of the products ordered and any other applicable charges, provided that such cap will not apply to any claim, action or demand relating to personal injury or death.

7.3         To the maximum extent permitted by law, HKJC and its directors, officers, employees, agents and contractors will not be liable for any loss of revenue or profits, loss of goodwill, loss or corruption of data, interruption of business or indirect, incidental, special or consequential damages arising from (a) the ordering or purchase of products from the Gift Shop; (b) the late delivery or non-delivery of products from the Gift Shop; or (c) the use or performance of products from the Gift Shop, regardless of whether such damages or losses could have been foreseen or prevented by HKJC.

7.4         To the maximum extent permitted by law, HKJC and its directors, officers, employees, agents and contractors will not be liable for any loss, damages, claims, actions or liability arising in connection with your use of PayPal’s services, including without limitation, with your compliance with the terms and conditions governing use of PayPal’s services.

8.1         You must not use the Gift Shop in any way which: (a) disrupts or otherwise adversely impair (or attempts to disrupt or otherwise impair) the Gift Shop or any of its services; (b) breaks, circumvents or otherwise compromise (or attempts to break, circumvent or otherwise compromise) the security of the Gift Shop, any of the HKJC’s web site or gain unauthorised access to any data; (c) sends any unsolicited electronic message; or (d) publishes or sends any message which is obscene, offensive, defamatory, illicit, threatening or otherwise illegal.

8.2         You agree to indemnify and keep indemnified HKJC and its directors, officers, employees, agents and contractors in respect of any claim, liability, loss, damage, costs (including legal costs) or expenses which HKJC and its directors, officers, employees, agents and contractors may suffer or incur as a direct or indirect result of your breach of these Terms and Conditions or your intentional or negligent acts or omissions with respect to the Gift Shop or any part of it.

These Terms and Conditions are governed by and to be construed in accordance with the laws of Hong Kong. By using the Gift Shop you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Hong Kong. These Terms and Conditions will not affect any rights you may have under the laws of Hong Kong. If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect. HKJC’s failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by HKJC in writing. In the event of any inconsistency between the English and Chinese language versions of these Terms and Conditions, the English language version shall prevail.