OVERVIEW
This website is operated by Qivation Company Limited (hereunder “Qivation”). Throughout the site, the terms “we”, “us” and “our” refer to Qivation. Qivation offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us in all our sales channels such as online stores, physical stores of our distributor, reseller, wholesaler, service agency or retailer, you engage in our "Product" (hereunder "Product") and “Services” (hereunder "Services") and agree to be bound by the following terms and conditions (hereunder “Terms of Service” or “Terms”), including those additional terms and conditions and policies referred to herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service on this page at any time. We reserve the right to amend, vary, update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopline Inc. They provide us with the online e-commerce platform that allows us to sell our Product and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our Product for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse to provide Services to anyone without giving any reason at any time and at our absolute discretion.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site, all marketing materials inclusive but not limited to social medias, print advertising, product specification, leaflet or brochure in the form of graphics, videos , articles, tables (collectively named: marketing materials) is not accurate, complete or current. The marketing materials is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the marketing materials is at your own risk.
This marketing materials may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the marketing materials at any time, but we have no obligation to update any information on our site or any channels. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICES AND PRICES
Price for our Product are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
SECTION 5 - PRODUCT OR SERVICES
For any return or exchange of the Product it is according to our "Return Policy" with the reference linkage https://www.qivation.com/en/pages/return-policy
It is the Customer's obligation to follow the instructions and operate the Product according to the instruction manual or notes, operation guidelines or guidelines of the Product and Services.
Certain Product or Services may be available exclusively online through the website. These Product or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our Product that appear at the website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Product or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Product or Services that we offer. All descriptions of Product or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Services made on this site is void where prohibited.
We do not warrant that the quality of any Product, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
Additional Terms for collection and delivery services of customer products (hereunder: products), applicable for the Services of Qivation's business solution:
- We reserve the right to reject any order, including after evaluation or collection of customer products. If the products differs greatly from the information provided before ordering, we have the right to charge for any logistics or management fees incurred.
- Customers should clean and well-packed their products before arranging any collection of the goods for the Services. We will not be responsible for any cleaning and packaging Services before collection, the products will not connect to the power supply and switch on at anytime of the Services. A label will be affixed on the products to prove the completion of the Services; we will pack the goods in a general packaging condition for customer to pick up or deliver by our Logistic Partner after the Services is completed.
- Any fragile materials like glass & crystal or transparent items are not accepted for the Services.
- The Services period is subject to the Services quantities, requirements and our evaluation. The expected Services completion time will be shown on the quotation and it is for reference only; we will not bear any loss if there is any delay in the Services completion. If the customer fails to pick up or is unable to receive the goods due to the customer's reasons after the Services completion. We reserve the right to charge all relevant costs such as warehousing, transportation and administration costs incurred to the customer. If the overdue period exceeds one month after the Services completion, the customer is deemed to accept to give up the ownership of the products. We will destroy the products provided by customers without prior notice and the customer has no right to charge for any loss.
- We will not involve any product warranty service contracts for the products provided by customers. It is the customer's responsibility to confirm the terms and contracts of product warranty service with their product suppliers or service contractors. We are not responsible for any losses, products failures, damages and risks incurred during or after the completion of the Service or at any time.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you through the e mail and/or billing address/phone number provided by you at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, Product and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Product, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Product should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PRIVACY POLICY AND PERSONAL INFORMATION COLLECTION STATEMENT ( THE “PRIVACY STATEMENT”)
Your submission of personal information is governed by our Privacy Policy. Please view our Privacy Policy at our website.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER
The performance and effectiveness of Nanophotocatalyst Technology and TiO2 coating are subject to various factors including but not limited to exposure to the environment, environmental conditions, and maintenance conditions. All the information provided by us is for general reference only, and consumers should not use such information as the sole basis or basis for decision-making without consulting with the main, more accurate, more complete or more timely information resources. We do not warrant that the quality of any Product, Services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Services will be corrected and we sell on an as-is basis. For the avoidance of doubt, any reliance on the information provided by us is at the consumer’s own risk. We do not warrant that the results obtained from using the Product and Services will be accurate or reliable.
Customers should be responsible for operating the Product according to the instruction manual or notes, and operation guidelines of the Product and Services, we should have no liability for any loss, damage and risk caused by the Product or Services that are not operated according to the instruction manual or notes, and operation guidelines.
You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all Product and Services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Qivation, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any Product procured using the Services, or for any other claim related in any way to your use of the Services or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or Product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - PRODUCT WARRANTY
It is hereby guaranteed to the original consumer purchaser of the
A. Qivation Lighting Q series:
- Table Lamp, for a period of One (1) year from the date of purchase;
- With WiZ lighting software series, for a period of two (2) years from the date of purchase, based on up to 3 hours average working time per day;
B. Qivation Wellness Q and Q on-the-go series (applicable model) for a period of One (1) year from the date of purchase,
When used as directed, this Product will be free from defects in materials or workmanship.
This warranty
- shall not apply without limitations to defects or error caused by improper use, without following the instruction from the instruction notes or operation guidelines, fitness for a particular purpose, signals interference, electrical power or battery problems, normal wear and tear, modification of the Product or its components, negligence and all other causes. Home automation devices have the risk of failure to operate, incorrect operation, or electrical or mechanical tampering and should be viewed as a convenience, but not as a sole method for controlling your home.
- without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement for the Nanophotocatalyst technology applications and TiO2 coating, the Product is provided 'as is' and 'as available' for consumer use
Our obligation under this warranty is expressly limited to the refund of the purchase price or the repair or the supply, without charge, of a replacement for any Product which is found to be defective within such warranty period and which is returned with the purchase receipt not later than thirty (30) days after the manifestation of a problem. OUR LIABILITY, RESULTING FROM OR ARISING OUT OF ANY CAUSE OR NATURE WHATSOEVER, IS EXPRESSLY EXCLUDING ANY DAMAGES FOR LOSS OF PROFITS, REVENUE AND FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OTHER THAN DAMAGES FOR PERSONAL INJURIES. Some countries territories, regions or states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages so the above exclusion or limitations may not apply to your situation. This warranty gives you specific legal rights and you may also have other rights which vary from country to country or per state or region.
LIMITED WARRANTY
Qivation Company Limited
Flat /RM 907 Silvercord Tower 2
30 Canton Road, Tsim Sha Tsui,
Kowloon
Hong Kong
Email: support@qivation.com
SECTION 15 - DECLARATION OF CONFORMITY
Applicable for Qivation – Lighting Q series. We hereby declare that the radio equipment type is in compliance with Directive 2014/53/EU, RoHS compliant and in conformity with the Low Voltage Directive, EMC Directive and RED Directive and carries the CE marking accordingly.
We do not guarantee, represent or warrant that your use of our Product and Services will be uninterrupted, timely, secure or error-free.
SECTION 16 - DISPOSING AND RECYCLING YOUR PRODUCT 
This symbol on the Product or packaging means that according to local laws and regulations needs to be disposed of separately from household waste and sent to recycling because it contains electronic components. Please check with your local authorities for collection and disposal arrangement.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Qivation and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@qivation.com
