TERMS OF SERVICE
Introduction
Welcome to DEPATERRASE.
These Terms of Service (“Terms”) govern your access to and use of the DEPATERRASE website, online store, product pages, written and digital materials, shopping features, functionality, merchandise, customer tools, and any related services we make available (collectively, the “Services”).
In these Terms, “DEPATERRASE,” “we,” “us,” and “our” refer to the operator of the Services, HONGKONG PROPEROUS LIMITED.
Our ecommerce store operates using technology provided by Shopify Inc. (“Shopify”), which supplies the platform that enables us to make the Services available.
Please read these Terms before accessing or purchasing through our store. They contain important provisions concerning your legal rights and responsibilities, including limitations of liability, warranty disclaimers, dispute-resolution requirements, and other contractual conditions.
By browsing, accessing, using, or purchasing through the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, please do not continue using the Services.
1. Eligibility, Accounts and Use of the Store
By agreeing to these Terms, you represent that you have reached the legal age of majority applicable in your state, province, territory, country, or other jurisdiction of residence.
You also represent that you have provided any permission legally required for minor dependents under your supervision to access the Services using devices that you own, purchase, control, or manage.
When you browse the store, establish an account, place an order, or otherwise use certain features, we may request information including your name, email address, billing details, shipping information, and payment-related information.
You agree that information submitted to us will be truthful, accurate, complete, current, and lawfully provided, and that you possess the necessary authority to provide it.
You are responsible for safeguarding your account credentials and for activity conducted through your account.
Without our prior authorization, you may not sell, assign, transfer, license, or otherwise provide your DEPATERRASE account to another person.
2. Products, Descriptions and Availability
We make reasonable efforts to present our merchandise accurately. However, the way a product appears online may vary according to your screen, browser, device, brightness, display configuration, or other technical factors.
As a result, we cannot guarantee that colors, finishes, dimensions, textures, appearance, performance, or other characteristics displayed digitally will precisely correspond to the physical product or satisfy every customer's individual expectations.
Product photographs, specifications, descriptions, prices, availability, and related information may be revised when appropriate without advance notice.
We may discontinue products or Services at our discretion.
Where appropriate, we may also restrict sales or quantities according to factors such as customer, household, order, geographic location, jurisdiction, or other applicable circumstances.
3. Orders and Acceptance of Purchases
When you submit an order, you are making an offer to purchase the selected merchandise under these Terms.
DEPATERRASE retains the right, where lawful, to accept, decline, restrict, adjust, or cancel an order at its discretion.
Merely submitting an order does not mean that it has been accepted. Acceptance occurs after we confirm the transaction and successfully receive or process the required payment.
Before checkout is completed, you are responsible for reviewing the products, quantities, shipping address, billing details, and other information associated with your purchase.
Once fulfillment or processing has begun, we may be unable to accommodate requests to modify or cancel an order.
If an order is declined, adjusted, restricted, or cancelled, we may attempt to contact you using information supplied during checkout.
Returns and exchanges remain subject to our applicable Return and Refund Policy.
Products purchased through our consumer store are intended for personal or household purposes. Merchandise may not be purchased for unauthorized commercial resale, redistribution, or export.
4. Prices, Promotions, Payments and Billing
DEPATERRASE may revise product pricing, discounts, promotional incentives, or other offers without prior notice.
Unless otherwise stated, the price applicable to a purchase is generally the amount displayed when the transaction is submitted and reflected in the corresponding order confirmation.
Unless expressly included, displayed product prices do not incorporate shipping costs, handling fees, taxes, customs duties, import charges, brokerage costs, or similar governmental expenses.
Pricing available through DEPATERRASE may differ from pricing offered by third-party marketplaces, retailers, distributors, affiliates, or other sellers.
We may occasionally make available promotional campaigns, discounts, bundles, contests, or similar programs governed by additional conditions. If specific promotional terms conflict with these Terms, the conditions governing that promotion will apply to the extent of the conflict.
You agree to maintain accurate and current purchasing, account, payment, billing, and contact information.
When submitting payment information, you represent that the information is valid and accurate, that you have authority to use the selected payment method, and that the relevant payment provider is authorized to process the applicable charges.
You agree to pay the purchase price together with all applicable taxes, shipping charges, handling costs, and other disclosed fees.
5. Shipping, Delivery and Risk
Shipping dates and transit periods displayed through the Services are estimates rather than guaranteed arrival dates.
Actual delivery may be affected by circumstances outside our reasonable control, including carrier delays, customs procedures, border inspections, severe weather, government actions, service interruptions, or inaccurate information supplied by the customer.
To the extent permitted by applicable law, title and risk of loss may transfer to the customer once merchandise has been handed to the shipping carrier.
Nothing in this provision is intended to exclude or restrict consumer rights that cannot lawfully be waived.
6. Intellectual Property
The Services and materials appearing through them are owned by or licensed to DEPATERRASE / HONGKONG PROPEROUS LIMITED, our affiliates, licensors, suppliers, or other applicable rights holders.
Protected materials may include brand names, trademarks, logos, product names, written materials, product descriptions, photographs, illustrations, graphics, layouts, reviews, audio, video, designs, software components, visual elements, and the arrangement and selection of website content.
Such materials may be protected by copyright, trademark, design, patent, and other intellectual-property laws in Hong Kong, the United States, and other applicable jurisdictions.
You may use the Services only for lawful, personal, and non-commercial purposes unless we provide authorization otherwise.
Without prior written permission, you may not reproduce, copy, republish, modify, download, store, distribute, transmit, publicly display or perform, sell, sublicense, commercially exploit, or create derivative works from protected portions of the Services.
Nothing in these Terms transfers ownership of intellectual property or creates an implied license to intellectual property belonging to DEPATERRASE, Shopify, or another rights holder.
The DEPATERRASE name, branding, logos, slogans, product identifiers, service names, designs, and related commercial identifiers may not be used without applicable authorization.
Shopify's trademarks, logos, service names, and other intellectual property remain the property of Shopify or its applicable rights holders. Other trademarks displayed through the Services belong to their respective owners.
All rights not expressly granted are reserved.
7. Optional and Third-Party Tools
Our Services may provide access to applications, integrations, functions, resources, or tools supplied by third parties.
We may have limited or no ability to monitor, control, manage, or review those third-party tools.
Such functionality is made available on an “as is” and “as available” basis without warranties, representations, endorsements, or guarantees concerning suitability, reliability, accuracy, security, or operation.
Your decision to use an optional third-party feature is at your own discretion and risk. Before doing so, you should review the applicable provider's terms and policies.
To the fullest extent permitted by law, DEPATERRASE is not responsible for losses, damages, liabilities, or claims arising from your use of optional third-party tools.
Additional functions or services introduced through our store in the future will also be subject to these Terms.
8. External Links and Third-Party Content
The Services may contain links, embedded features, applications, products, information, or content originating from third parties.
DEPATERRASE is not obligated to independently verify or monitor the accuracy, completeness, legality, security, or quality of third-party materials or websites.
Accessing an external website or interacting with third-party content is done at your discretion.
To the extent permitted by law, we are not responsible for losses, disputes, injuries, or damages resulting from your use of external websites, third-party services or products, external information or downloads, or transactions conducted with outside providers.
Before purchasing from or otherwise interacting with an external provider, you should review that provider's terms, privacy practices, return conditions, and other applicable policies.
Complaints or claims relating specifically to third-party goods or services should be directed to the relevant provider.
9. DEPATERRASE and Shopify
DEPATERRASE uses Shopify's ecommerce infrastructure to operate our online store.
However, purchases made from DEPATERRASE are transactions directly between the customer and HONGKONG PROPEROUS LIMITED, operating under the DEPATERRASE brand.
Shopify is not the seller of DEPATERRASE merchandise and does not assume responsibility for our product quality, product safety, fulfillment, refunds, customer support, delivery, or other obligations arising from transactions between DEPATERRASE and its customers.
To the maximum extent permitted by applicable law, you acknowledge that Shopify and its affiliates are not responsible for losses, injuries, disputes, claims, or damages resulting from products or services purchased from DEPATERRASE.
10. Privacy
Personal information obtained through the Services is processed in accordance with our Privacy Policy.
Shopify may separately process certain information under its own applicable privacy notices.
Because Shopify provides our ecommerce infrastructure, information concerning your use of the Services may be collected, stored, transferred, or otherwise processed by Shopify to support store functionality, maintenance, security, and improvement.
Information submitted through DEPATERRASE may also be transmitted to Shopify or other service providers, including recipients located outside your country or region.
Please review our Privacy Policy for additional information concerning the collection, use, disclosure, transfer, and protection of personal information.
11. Reviews, Feedback and Customer Submissions
You may choose to provide DEPATERRASE with reviews, comments, photographs, suggestions, ideas, proposals, recommendations, messages, plans, or other materials (“Feedback”).
When you submit Feedback, you grant us a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, copy, store, modify, edit, adapt, translate, publish, distribute, display, promote, commercialize, and create derivative materials from that Feedback through existing or future media.
We may use Feedback in connection with operating, evaluating, improving, developing, maintaining, marketing, or promoting our Services and exercising our rights under these Terms.
By providing Feedback, you represent that you own the material or possess all rights and permissions required to submit it; that any incentive, compensation, discount, or gift associated with it has been appropriately disclosed; that the submission complies with applicable law and these Terms; and that the content is accurate to the best of your knowledge.
We are not required to keep Feedback confidential, compensate you for it, publish it, respond to it, or preserve it for a particular period.
We may moderate, edit, restrict, reject, or remove submissions we reasonably consider unlawful, threatening, deceptive, abusive, defamatory, discriminatory, obscene, pornographic, infringing, offensive, or otherwise inappropriate.
Feedback must not violate another party's copyright, trademark, privacy, publicity, contractual, proprietary, intellectual-property, or personal rights.
You must not submit malware, viruses, malicious code, unlawful material, intentionally misleading information, or abusive content.
You may not impersonate another individual, use a deceptive email address, conceal the source of a submission, or otherwise misrepresent your identity.
You remain responsible for the content and accuracy of materials you submit.
12. Errors and Corrections
Our Services may occasionally contain typographical mistakes, outdated material, omissions, or other inaccuracies.
These may relate to prices, product descriptions, promotions, availability, shipping costs, estimated delivery periods, or other store information.
We reserve the right to correct, revise, remove, or update inaccurate information without advance notice.
Where an error affects a transaction, we may modify or cancel the affected order, including where the order has already been submitted.
13. Prohibited Conduct
The Services may be used only for legitimate and lawful purposes.
You must not use or attempt to use DEPATERRASE in a way that violates applicable law, facilitates fraudulent or deceptive activity, infringes intellectual-property rights, harasses or threatens another person, distributes false or misleading information, sends spam or unauthorized solicitations, impersonates another person or entity, or interferes with another person's use of the Services.
You must also not:
- Introduce viruses, spyware, malware, malicious scripts, or destructive code;
- Copy, reproduce, resell, or commercially exploit unauthorized portions of the Services;
- Harvest, collect, monitor, or track another person's personal information;
- Engage in unauthorized phishing, pharming, crawling, scraping, spidering, pretexting, or comparable data-collection practices;
- Circumvent access restrictions or security controls;
- Probe, disable, attack, or interfere with website security; or
- Disrupt connected servers, networks, websites, applications, or internet services.
We may suspend, restrict, disable, or terminate access where we reasonably believe these requirements have been violated.
14. Suspension and Termination
We may suspend or terminate your account, access to the Services, or these Terms at our discretion, subject to applicable law.
Termination does not eliminate payment obligations or other responsibilities arising before the effective termination date.
Provisions intended to survive termination will remain effective. These include provisions relating to intellectual property, Feedback, warranty disclaimers, liability limitations, indemnification, severability, assignment, waiver, entire agreement, governing law, privacy, and dispute resolution.
15. Disclaimer of Warranties
Information made available through the Services is provided primarily for general informational purposes.
We do not guarantee that all information will always be complete, current, accurate, reliable, useful, or suitable for a particular purpose.
Your reliance upon website information is at your own risk to the extent permitted by law.
Unless DEPATERRASE expressly states otherwise, the Services and products made available through them are provided on an “as is” and “as available” basis.
To the fullest extent legally permitted, we disclaim express, implied, statutory, and other warranties or conditions, including those relating to merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, availability, accuracy, security, and uninterrupted operation.
We do not warrant that the Services will continuously be available, timely, secure, uninterrupted, or error-free.
Some jurisdictions restrict the exclusion of certain warranties. Where applicable, these disclaimers apply only to the maximum extent permitted by law.
16. Limitation of Liability
To the fullest extent permitted under applicable law, DEPATERRASE, HONGKONG PROPEROUS LIMITED, and their respective affiliates, owners, directors, officers, employees, representatives, partners, contractors, agents, suppliers, licensors, and service providers will not be liable for losses, injuries, claims, costs, or damages arising from or related to use of the Services or products obtained through them.
The same limitation applies, where legally permissible, to Shopify, its affiliates, and their respective representatives and service providers.
Covered limitations may include direct, indirect, incidental, special, punitive, or consequential damages, as well as lost income, profits, revenue, savings, data, business opportunities, business interruption, replacement expenses, and comparable losses.
These limitations apply regardless of whether a claim arises in contract, negligence, tort, strict liability, statute, or another legal theory, and may apply to claims involving use or inability to use the Services, purchased products, website errors or omissions, transmitted content, or reliance upon materials available through the Services.
The limitations apply even where the possibility of such damages was previously communicated.
Where applicable law prohibits a particular exclusion or limitation, liability will instead be limited to the maximum extent legally permitted.
17. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless DEPATERRASE, HONGKONG PROPEROUS LIMITED, Shopify, and their respective affiliates, owners, partners, directors, officers, employees, representatives, contractors, agents, licensors, suppliers, and service providers from third-party claims, losses, liabilities, judgments, penalties, damages, expenses, and reasonable legal fees arising from:
- Your breach of these Terms or another incorporated policy;
- Your violation of applicable law;
- Your infringement of another person's rights; or
- Your access to or misuse of the Services.
We will provide reasonable notice of an indemnifiable claim when practicable. A delay in notice will not discharge your obligations unless that delay materially prejudices your ability to defend the claim.
Where appropriate, we may assume control over the defense and settlement of a covered matter at your expense, including through appointed legal counsel.
We will not enter into a settlement imposing a direct non-financial obligation upon you without your consent, which may not be unreasonably withheld.
You agree to provide reasonable cooperation, including relevant documents and information needed for the defense.
18. Severability
If a provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, it will be enforced to the greatest extent permitted by applicable law.
Any unenforceable portion will be treated as severed without invalidating the remaining provisions.
19. No Waiver and Entire Agreement
If we do not immediately exercise or enforce a right available under these Terms, that decision does not constitute a permanent waiver of the right.
These Terms, together with policies, notices, and operating rules made available through the Services, constitute the complete agreement between you and DEPATERRASE / HONGKONG PROPEROUS LIMITED regarding the subject matter addressed here.
They supersede prior or contemporaneous proposals, representations, discussions, communications, and agreements concerning the same subject matter, whether oral or written.
Ambiguities will not automatically be interpreted against the party responsible for drafting these Terms.
20. Assignment
You may not assign, delegate, transfer, license, or otherwise dispose of these Terms or rights and responsibilities arising under them without our prior written consent.
Any unauthorized attempted assignment will be invalid.
We may assign, transfer, or delegate our rights and obligations under these Terms without obtaining your consent or providing advance notice, subject to applicable law.
21. Governing Law and Dispute Resolution
These Terms, together with any separate agreements governing Services supplied by us, will be governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region.
Any dispute, disagreement, controversy, difference, or claim arising from or relating to these Terms—including matters concerning their existence, formation, interpretation, validity, performance, breach, enforcement, or termination—will be referred to final and binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC).
Arbitration and other dispute-resolution proceedings must be conducted on an individual basis.
To the extent permitted by applicable law, claims may not be pursued through a class, collective, consolidated, or representative proceeding.
22. Headings
Titles and headings are included solely for convenience, organization, and readability.
They do not alter, broaden, narrow, or otherwise control the substantive interpretation of these Terms.
23. Changes to These Terms
The most current version of these Terms will be made available through this page.
We may amend, supplement, replace, or remove portions of these Terms by publishing an updated version through the Services.
You should review this page periodically for changes.
Where applicable law requires specific notice of a material amendment, we will provide such notice. The applicable changes will become effective on the date identified in that notice or otherwise permitted by law.
Continued use of the Services after revised Terms become effective constitutes acceptance of the updated Terms.
24. Contact Information
Questions regarding these Terms of Service may be directed to:
DEPATERRASE
Operated by HONGKONG PROPEROUS LIMITED
Email: support@depaterrase.com
Customer Service / Phone: (224) 802-3460
Business Address:
ROOM 70, 7/F, WOON LEE COMMERCIAL BUILDING
7-9 AUSTIN AVE
TSIM SHA TSUI, HONG KONG