Terms and Conditions of Use of GlassXpert & Design Website
GlassXpert & Design Company Limited (GlassXpert) - Terms and Conditions
Last updated (Effective date): 28 August 2019
Welcome to GlassXpert & Design!
- COMPANY INFORMATION
Full company name: GlassXpert & Design Company Limited (“GlassXpert”)
Address: Block B, 2/F, Unify Commercial Industrial Building, 31 Tai Yip Street, Kowloon Bay, Kowloon, Hong Kong.
GlassXpert Website (“Website”): https://www.glassxpertndesign.com
These Terms and Conditions govern your use of GlassXpert Website. By accessing and using this Website, you read, understand and accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this Website. We reserve the right to change the Terms and Conditions herein contained at any time and it is your responsibility to check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.
We may suspend or withdraw our site
We do not guarantee that our site, 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 site for business and operational reasons.
- ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be 18 years old or above to register as a GlassXpert member as you have to read, understand and accept these Terms and Conditions.
By using this Website, and/or by the creation of GlassXpert account, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by these Terms and Conditions.
- PRODUCTS AND SERVICES
GlassXpert focuses on three areas of products: 1) Glass Gifts, particularly personalized photo gifts, 2) Glass Photo Prints and 3) Interior Decorative Glass and mirror. Our online shop (GlassXpert Website) is our major platform for selling and distributing our products. This Website has three major functions 1) we sell glass gifts and allow customers to upload photos and write texts on the personalized items; 2) we allow customers to upload photos and arrange to print. Our Website also provides shape, size and orientation selections as well as additional features such as template and frame selection, adding text and stickers; and 3) being an authorised distributor of OrienTop Limited, we also have a virtual showroom to display the decorative glass and mirror for interior design.
GlassXpert produces glass and mirror products which are fragile and must be handled with care. We do our best to prevent any breaks or damage and we use safety boxes with anti-shock cushions so as to minimize the impacts of dropping and/or bending. However, accidents might still occur during the shipping process which is beyond our reasonable control, therefore, we recommend our customers consider buying insurance to cover the glass products that you have bought.
Under certain circumstances, injuries may occur due to the dropping or bending of the glass products. To address this concern, our lamination process helps in minimizing the risk of breaking due to dropping or bending and reducing the impact of, under certain circumstances, hurting people. The advantage of having lamination in the process is to 1) protect the colour and 2) improve its safety when it is broken. Laminated glass consists of two pieces of glass plus a resin interlayer. If the glass is broken, this interlayer holds almost the whole piece in place but some minor pieces might come apart.
Whereas some customers may prefer choosing single-layer of glass which can minimize the costs of production and shipping, we will carry out a tempered process in order to strengthen the glass and if broken it will crumble into small granular chunks, however, this process can only be done for the large pieces Glass Photo Prints (our options are 600mm x 500mm, 900mm x 300mm and 900mm x 400mm).
In our Glass Photo Prints series, we provide options of “Lamination” and “Single-layer”.
Length and Width Tolerance
For the dimension of our glass products that we mentioned, we have a length and width tolerance level in which the cut size deviation should be within 0 to -1mm. That means, the glass will not be bigger than these dimensions but is less than 1mm smaller than the specified length and width.
GlassXpert’s photo gallery stores Images that are provided by professional and amateur photographers. Customers can only purchase such images and obtain the non-exclusive printing right (not the soft copy nor the copyright) of the Images and the prices are set by GlassXpert and the corresponding photographer according to its size and resolution. Please be aware that customers will NOT obtain exclusive copyright over the Images, thus, GlassXpert can resell these Images to other customers and the photographers can also sell their Images to other customers via other websites or alternative media channels as they see fit until the copyright of this particular Image has been sold. Please note that GlassXpert will not send soft copy of the Images to customers who are only entitled to non-exclusive printing right. In our photo gallery, the low-resolution photos are used for website display purposes only. GlassXpert will arrange high-resolution printing with the product purchased.
Glossy vs Anti-Reflective
For our “Glass Photo Prints” products, we use Crystal Glass which is brilliant and clear but slightly reflective. GlassXpert can also provide anti-reflective glass upon request. This is a special type of glass which is more expensive. If you are interested, please discuss with our sales team.
Save The Earth
Our safety boxes are tough and expensive. For environmentally-friendly purposes, we strongly recommend that customers re-use or re-cycle the safety boxes.
Not suitable for children under 12
We advise customers to avoid small children under 12 handling the glass especially the large pieces which are very heavy. GlassXpert will not be responsible for any injury caused to children handling our products which increases the probability of an accident happening.
For the non-customized products, there is a chance that a particular product may be removed from our inventory due to lack of stock. Our Website will inform you if the product is unavailable but your order will still be accepted if you want to proceed. However, under this circumstance, we would need to arrange production which will take 10-15 working days which is similar to customized products.
For the non-customized and personalized glass gifts and glass photo prints (within our 12 standard sizes) products, we require full payment via PayPal and Braintree on our Website before arranging production and delivery. For the customized glass photo prints (a size which is outside our standard sizes), we will send you a PayPal invoice or you can transfer payment to our company account. Once we receive the payment, we will arrange production and delivery. For the interior decorative glass and mirror series, we will ask for a payment of 50% deposit before arranging the production. Once the product is ready, we require payment of the remaining balance before we arrange delivery.
- AMENDMENT TO THE TERMS AND CONDITIONS
GlassXpert reserves the right to amend these Terms and Conditions from time to time and at any time whenever it is necessary and without further notice to our customers. We will, therefore, amend it on our Website accordingly and any such changes will be effective immediately. Customers should refer to our latest Terms and Conditions when using this Website or making a new order with us. By using GlassXpert Website or purchasing its products and services via our Website after any changes mean you agree to those changes. If at any time you choose not to accept these Terms and Conditions or any modifications, you must stop using GlassXpert Website and stop purchasing its products and services via our Website.
- REGISTRATION AS OUR MEMBER
As part of the account setup and registration process, we will use your email address as the login name and you are requested to set up your own password. We may refuse to grant you an account for any reason at our sole discretion, including in the event that we determine that such username impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary right law, or otherwise may cause confusion. You agree not to transfer or resell your use of or access to the Website to any third party. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases, as applicable) that are conducted through your account. You agree to inform us immediately of any unauthorised use or disclosure of your account, username or password.
If you want to place an order with us, you need to register to become a GlassXpert member. We will collect your information such as full name, phone number, email address, billing address, receiver's name, phone number and delivery address. Such information will, in any event, be kept as confidential.
We select PayPal and Braintree (PayPal acquired Braintree in 2013), the most popular online payment gateway systems in the world as our online payment gateway partners. When you check out after selecting all items you want to purchase, our Website will connect you to the PayPal and Braintree online payment systems and you can choose to use PayPal, Visa, Master and America Express. As such, we have no direct access to your credit card information and therefore we don't store this information. PayPal and Braintree keep your transactions secure by not sharing the important financial information with sellers such as GlassXpert, their encryption keeps your online transactions guarded from start to finish. We will not be responsible for any problems arising out of the use of Paypal and Braintree for making payment to us.
- DESCRIPTION OF SERVICE
The main feature of the Website is to facilitate users and potential purchasers (“Users”) to order GlassXpert’s gifts including personalised items and to create GlassXpert photo prints using their uploaded photos or photos from our Photo Gallery. Users can choose a shape, size, orientation, template, upload photos, write texts, select frame, filters and stickers from our Website, while our online system will aggregate all changes into a finalised Image and allow Users to review before sending to production. You agree that no GlassXpert employee, employer, owner, agent or authorised representative is responsible for monitoring any Images, whether uploaded by you or any other user of the Website, neither while on the Website, nor after purchase and during the production process. You agree that any orders you have submitted and your Images will not be checked for content, size, shape, orientation, frame selection, choice of sticker(s), misspellings, grammatical mistakes, logical errors, colour matching or any other factor within the “Users Control and Responsibility” through the use of the editor on the Website. You shall be solely responsible for checking your order and submitted or purchased Images during the purchasing process for layout and content and agree that you have done so. The responsibility of our quality control team is to make sure the finished products correspond to your order specifications and ensure the product quality meets our quality standards.
“Users Control and Responsibility” refers to any part of an Image that is changeable by the Users including but not limited to: size, shape, orientation, frame selection, choice of sticker(s), font size, font type, font style, font colour, position of text, position of graphics, colour of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics or justification of Image.
GlassXpert shall have no obligation to review the content of your order or any Image while it reserves the right to do so and you are bound by the restrictions as expressly mentioned in these terms and Conditions.
- USER CONDUCT
You are solely responsible for all Images, Photos, any other data, text files or other materials (“User Content”) which is transmitted, uploaded, posted, or distributed by you through the Website. You warrant and represent that you own all right, title and interest, or have sufficient permissions to that Image or User Content and any likenesses contained in that Image or User Content. You agree to not post, upload or request GlassXpert prints based on any Images to which you do not have the rights or permission. You agree that the Images or User Content that you may provide, upload or post to the Website does not contain any material or content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libellous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of copyright, celebrity, publicity, privacy and intellectual property, or otherwise in violation of any applicable laws and regulations of the Hong Kong Special Administrative Region (“Hong Kong”). Our production of GlassXpert photo prints based on any Image provided by you or any other user does not indicate that GlassXpert accepts, approves or endorses the Image or that the Image is in compliance with any applicable laws or these Terms and Conditions or otherwise absolve you of any liability or harm arising from use of such Image.
GlassXpert does not own or control the Images or other User Content posted by Users via the Website and does not guarantee the accuracy, integrity or quality of such Images or User Content. You may be exposed to Images or User Content posted by other Users and Artists that may be offensive, indecent or objectionable or otherwise in violation of our Terms and Conditions. GlassXpert has no obligation but reserves the right, to monitor, flag or remove any Images or User Content it believes is in violation of the Terms and Conditions. Under no circumstances will GlassXpert be liable in any way for any Image or other User Content posted by you or any User or third party, including, but not limited to, liability for any errors or omissions in any Image or User Content or for any loss or damage of any kind incurred as a result of the use of any Image or User Content posted, viewed, emailed or otherwise transmitted by you via the Website. The Website is not intended as a storage depository for your Images or User Content. You are responsible for retaining copies of your Images and User Content.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
By using the Website, you agree that you shall not: 1) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; 2) upload, download, post or otherwise transmit, any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation, or use any User information obtained through the Website order to do any of the foregoing; 3) upload, post or otherwise transmit any code, files or programs that contain any software viruses or is designed or intended to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to collect, obtain or store User information or other materials from the Service to which you do not have permission; 4) transmit or provide any false or misleading information; 5) disrupt or interfere with the security of or otherwise abuse the Website or any services, system resources, accounts, servers, databases or networks connected to or accessible through the Service; 6) disrupt or interfere with any other user’s use of the Service, including by overloading, flooding, spamming, or crashing the Website, Service or underlying systems; or 7) use the Website in any manner that would violate any applicable laws and regulations of Hong Kong or could expose GlassXpert, other users or any other person to liability.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on the information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
GlassXpert sells its products through the Website and the Images and sample products are viewable by Users through their computers connected to the internet. These computers may view our products through their computer monitors. The monitors may be under different setup and configuration, therefore their display of colours may be different, which is affected by the different setup in hardware and software. As such, there is no true standard of displaying colour. You accept and understand that the display colour is of reference only. You agree that GlassXpert does not warrant guarantee that the colours as they appear on your monitor will look the same in our glass printing system and on the finished products. GlassXpert will do our best to ensure the colour of the monitor on our glass printing system is as true as possible to the printed colours. However, the differences in monitors and the differences between light and pigment make it impossible to guarantee matching colours for all Users. GlassXpert will not accept any responsibility in respect of any discrepancy of colours.
Quality of Images
GlassXpert allows users to upload Images onto the Website in order to 1) customise the personalised glass gifts, and 2) customize your own Images and to arrange glass photo prints. You agree that GlassXpert is not responsible for the quality of the image you upload.
You agree that you are responsible for making sure the quality of the image you upload is high enough quality (including a high enough resolution) to be satisfactory to you at the size you select on the product that you are purchasing. We have no way to judge from our perspective whether the Image is up to your satisfaction.
For customised products, GlassXpert will arrange production within 10-15 working days once we receive your order. After that, our quality control team will review the finished product(s) then we will arrange to ship to the delivery address you provided as soon as possible.
You agree that our production time frame may also depend on your response time to our enquiries regarding your order and your selection of shipping options and providers. GlassXpert will not be responsible for any delay in shipping and delivery due to the delay in your response to our enquiries in respect of your order.
Please be aware that the title and risk to your purchased goods shall pass to you at the time GlassXpert passes on such purchased goods to its designated shipping company or firm.
Any dates quoted for delivery of orders are estimated by the shipping company or firm and GlassXpert shall not be responsible for any delay in delivery of the orders however caused.
Users are responsible for ensuring the delivery address is accurate, otherwise, it might cause delay or loss of products. If the courier cannot find the delivery address or person or not able to deliver for any reason, not through the fault of the shipping company or firm, they will return the products to GlassXpert. Under such circumstance, users are solely responsible for the shipping fee for any re-delivery of products.
Please refer to GlassXpert’s full Shipping Info.
- Return Policy
Change your order
We are unable to exchange or refund your order for reasons such as colour differences between your computer and our glass photo printing system and errors made by customers such as typos and misspellings, poor image quality or low resolution, layout errors and missing images, or mis-chosen in product design (frame, filter or stickers), and product selection mistakes (i.e. choice of wrong shapes or sizes).
Please refer to GlassXpert’s full Return Policy.
We provide two years limited warranty against delamination and colour fading of our Glass Gifts and Glass Photo Prints products.
GlassXpert endeavours to produce high-quality products. If the product fails due to a manufacturing defection during the warranty period, we would require that the customer take a photo of the defective product and send the photo to us or; if requested by GlassXpert to return the original defective product.
GENERAL WARRANTY – applies to Glass Gifts and Glass Photo Prints products only.
GlassXpert & Design provides a limited two-year warranty on its Glass Gifts and Glass Photo Prints products from the date of manufacturing against defective materials or workmanship which could result in peeling, cracking or deterioration of the resin under normal conditions. The product should stay indoors, away from direct sunlight and intense heat variations or humidity.
GlassXpert expressly excludes responsibility for glass breakage, product failure due to improper usage; incompatibility with other coatings, sealants, gaskets, lubricants, insulating or any other materials, scratches or abrasions to the product; or damage caused by cleaners, solvents, acids, alkalines or any other chemicals used on or around the resin.
We care about your satisfaction. We would like you to contact us immediately should there be something that does not meet your expectations. Together, we will find a solution to your problem. However, our maximum liability is the replacement of our glass products. We will discuss with you whether to
- reproduce the product (but not including the shipment)
- issue GlassXpert coupon for product purchase
- refund the purchase price of the product (which will be excluding its shipping fee in the invoice).
We strive to always keep improving based on our customer feedback so we can continue to ensure your satisfaction in the future.
If you are unsatisfied for any reason, please send an email to firstname.lastname@example.org within two weeks of receiving your goods. In the subject line, please write “Warranty” and include your order number and an exact description of the issue in your description. Please include at least two photos of the problem for us to accurately evaluate the problem.
Together with our Quality Control team, we will analyse your case in order to continue to meet our high-quality standards. Then our customer service team will get in touch with you to find a solution as soon as possible.
Please be aware that the Mirror Photo Prints are not under this two-year warranty.
INDIVIDUAL WARRANTY – applies to Interior and Exterior Decorative products
Orientop Ltd usually provides a 10-year limited warranty against delamination for their laminated glass. However, both GlassXpert and Orientop need access to how and where you are going to use the glass before we agree to provide you with a limited warranty.
For example, the bathroom is not an ideal place for laminated products as it is humid and is an area with steam. We suggest customers to consider using single-layer with tempered for that purpose. The kitchen is also not a good place for laminated products and we need to have an additional heat treatment on top of the single-layer glass and it also depends on how it will be exposed to heat or fire.
Again, our maximum liability is the replacement of the glass product but not including shipment and installation.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which are set out above.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- SHIPPING FEES
Our shipping fees are calculated by weight, volume, dimensions and destinations, so by adding an item to the basket, the respective shipping fees will be displayed. The shipping fees do not include the potential import tax, VAT or any sales tax in your country.
Our Shipping Partners – EasyShip
EasyShip connects to the key international shipping providers (such as FedEx, UPS, DHL, TNT, SF Express …etc) so that users can make a comparison and select their preferred shipper. They search instantly for you the cheapest, the fastest as well as the best value for money options by showing you the shipping cost and the delivery time for each courier. In addition, EasyShip provides an estimation of potential import taxes and duties in your country for your reference. If customers select for "Sender" and pay for the taxes, then the dedicated shipper will arrange customs clearance directly. If customers select for "Receiver" to pay for the taxes, then the dedicated shipper will inform the receiver to arrange to pay the taxes before the delivery.
Please be aware that GlassXpert Website will send the delivery address, product dimensions and weights to EasyShip in order to quote for shipping fees. Once you have selected a dedicated shipper, GlassXpert via EasyShip will pass the receiver name, delivery address, phone number and the product information to the selected shipper in order to arrange delivery. GlassXpert will only pass information from the customer to EasyShip to the extent necessary for the purpose of handling orders and delivering products.
- LINKED WEBSITES
You may be able to link to third parties’ Website (“Linked Websites”) from the GlassXpert Website. The content of the Linked Websites has not been reviewed, controlled or examined by GlassXpert in any way. Therefore, GlassXpert is not responsible for the content, availability, advertising, products or other materials of any such Linked Websites, or any additional links from their Websites.
Either you or GlassXpert may terminate your access and use of the Website and to your account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, your access right to the Website and to your account in the Website will be ended immediately. Upon termination, you will have no further access to any information, files, or materials related to your account, including, without limitation, any User Content or uploaded Images. Upon termination, GlassXpert may delete all information, files, and materials related to your account, including any User Content or Images, and you agree that GlassXpert shall have no liability whatsoever to you or any third party as a result of a termination of your rights to access to your account and/or the deletion of any information, files, or materials related to your account. In addition, GlassXpert shall have no obligation whatsoever to make any such information, files, or materials available to you following a termination of your rights of access to your account.
We shall not be responsible for any failure to perform our obligations under these Terms and Conditions if we are prevented or delayed in performing those obligations by an event of force majeure. An event of force majeure means an event or circumstance which is beyond the control and without the fault or negligence of us and which by the exercise of reasonable diligence we are unable to prevent.
If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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.
You must not establish a link to our site on any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of the content on our site other than that set out above, please contact us.
These Terms and Conditions shall in all respects be governed by and construed in accordance with the laws of Hong Kong and you agree to submit to the exclusive jurisdiction of the courts of Hong Kong.