Griffin Kites endorses and conforms to the Hong Kong Electronic Transactions Ordinance (Chapter 553) was enacted in January 2000 and updated in June 2004.
These Terms and Conditions are applicable every time you access our website and/or order goods from us.
1.0 Order Acknowledgement, Acceptance, Payment and Delivery
1.1 All orders for products placed by you either online or by other means are subject to acceptance by us, and we may at our discretion accept orders, reject orders, or advise a buyer of our inability to process an order for any reason. We may send a buyer an acknowledgement of receipt of an order, by email, or another medium (including telephone, fax or in person) as we see fit. Acknowledgement by email of receipt of your order is usually automatically generated and does not constitute an acceptance of the order. You should ensure that the information you submit to us in your order is accurate and complete to the best of your ability. Fulfilment of your order is dependent and conditional upon stock availability, payment and possibly other areas including, but not limited to, an address or credit card check as per: 5.3.
1.2 While it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled and will correspond this fact to you by email, to the email address that you provided to us at the time of your order.
1.3 This website services customer deliveries internationally. Prices shown on this website are in American dollars.
1.4 Accepted payment methods are PayPal, Visa, Mastercard. We reserve the right to decline credit card payments (and/or request an alternative method of payment) at our discretion. If the card payment is declined by your issuer due to lack of funds available, we cannot hold goods against your order if there are other customers for the same goods who have available funds.
2.1 While we make every effort to deliver goods in the timeframe we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timeframe, as we rely on third parties to facilitate our customer deliveries for us. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
2.2 All delivery time frames are subject to stock availability.
2.3 Our system automatically sends a "Shipped Order" email to your nominated email address when we ship your order.
2.4 Where an incorrect address has been given to us at time of order, or our courier partners are unable to deliver due to unavailability of anyone to sign for the delivery (they will leave an advice card in this case), or if you ask for the item to be redirected after we dispatch it, we may need to charge for any extra delivery costs incurred to us by our Courier partners.
2.5 Our delivery responsibility is deemed to be fulfilled when we dispatch an order to the designated address, as provided by our buyer. We cannot be held responsible / liable for items that go missing in transit or are damaged in any way. However we will do our best to support customers in this regard, to ensure a happy outcome to the best of our ability, at our discretion always.
2.6 Our Courier partners are DHL & Speed Post (EMS). Couriers and will require a signature on arrival, so we cannot facilitate deliveries to PO Boxes.
3.0 Warranty Policy
3.1 Standard Warranty: 12 Month Warranty which covers manufacturer defects
3.2 Standard Warranty Exclusions: Damages caused by accidents or mishandling of the product and general wear and tear. This included damage from waves, over inflating, coral and sharp items on the beach, Crashing the kite into objects .
4.0 GST and Local Authority Driven Fees & Charges
Please note, that Griffinkites.com cannot artificially understate the value of an order, and will not refund delivery costs in either direction should goods need to be returned due to customer’s refusal to pay local fees and charges by their local authorities. Please understand your potential local fees and charges before you place your order with us. By placing your order with us you accept these terms.
5.1 This information provided to us by our customers is used by us for the sole purpose of processing an order. We only ask for what is needed in order for us to facilitate an order to its completion. Customer information is not and will never be disclosed to third parties. Customer data is not shared, or sold in any way.
5.2 All information is collected lawfully and in accordance with Hong Kong (DPP) Data Protection Principles of the Personal Data (Privacy) Ordinance.
5.3 At our discretion we may ask for additional information from buyers at the point of order processing. By ordering with our company you acknowledge that we do not condone fraud and note that we will go out of our way to protect legitimate buyers and our company from fraud at all times. As a result, we may need to conduct a Proof of Address, and or credit card check on a buyer in order to check legitimacy of their details on a case by case scenario. This is our right as a supplier and we thank you for your understanding.
5.4 If you have provided us with your email address details in order to receive our e-newsletter, we will send this to you when we have promotional and news based offers. Your details provided here will only be used for the purpose of joining you up to receive our eNewsletters so that we can keep you up to date with new product releases and specials. We will not sell or share your data. All emails will be sent to you as per your initial opt-in. If you wish to opt-out of our e-marketing distribution channel, please email us with the text “Opt-out” in the subject line to: Opting out.
6.1 On order processing pages we use a 2048-bit certificate which provides maximum security for your transaction.
6.3 We will take all reasonable and legally-required precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.
7.0 Pricing, Product Description and Availability
7.1 While we endeavour to ensure the prices on our website are as accurate as possible, we reserve the right to change a price for ordered goods as we see fit. If a price for an ordered item is corrected due to exceptional or uncontrollable circumstance, customers will be informed of the change before payment is processed and offered the opportunity to cancel / amend their order to their preference. We may offer price reductions for promotional items from time to time at our discretion. Credits will not be offered for items that have been ordered before a promotional price has been launched, unless we deem this to be so.
7.2 Because of the dynamic nature of technology and markets (e.g. exchange rate variations and other variables beyond our control), prices, product versions, details and availability are subject to change on a continual basis without prior notice. Prices can change from day to day; if a price at the time of ordering is higher than a previously-shown price then the price at the time of ordering is the one that applies.
7.3 If an order is placed for an item with an erroneous price, and the erroneous price is less than the cost price of the item, we reserve the right to offer the opportunity for the customer to instead either receive the best-possible discount or to cancel the order.
7.4 Stock availability on our website and order confirmations is generated by our system taking into account current stock levels, customer backorders, products already in transit from suppliers and information provided by suppliers for pending deliveries. Although as accurate as possible and generally reliable, they are estimates only which can be affected by many factors, especially unforeseen manufacturing delays or product discontinuations. GriffinKites .com offers these estimates in good faith but we cannot be held responsible should estimated and actual times vary or if a product is discontinued or superseded by a manufacturer. If a buyer purchases an item that falls out of stock due to whatever reason, we will offer a solution in their best interests, including stock swap, or order cancellation, if the buyer does not want to wait for stock replenishment of the exact item ordered.
7.5 Descriptions and specifications of products shown on our website are taken directly from information supplied by manufacturers. Products are supplied as named and described. Where a product description is accompanied by an illustration of the packaging or product itself, that illustration is for illustrative purposes only and may not look absolutely identical to the product to be supplied.
8.1 We shall not be liable to you or any related party, whether in contract, tort (including negligence) or otherwise, for any business or personal loss including loss of profits (whether direct or indirect), data, revenue, goodwill, convenience, equipment/device/machinery/vehicle functionality, travel arrangements, third party claims or for any other incidental or consequential loss, that you may suffer as a result of the purchase, use or ordering of, goods from us. Any other liability shall be limited to the price paid for the goods. We do not exclude our liability for death or personal injury.
8.2 You will not export any goods purchased from us in contravention of Hong Kong export controls.
10.1 We reserve the right to decline any order for any reason.
10.2 These terms are governed by the laws of Hong Kong and any disputes will be decided only by the courts of Hong Kong.
10.3 If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.
10.4 We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party.
10.5 You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing.
10.6 These terms and conditions govern the entire trading relationship between you and ourselves and will remain in force for the duration of our trading relationship.
10.7 All intellectual property rights (including use of trade marks) shall be solely owned by us. You are permitted only to use material on this website as expressly authorised by us or our licensors.
10.8 Any unauthorised use of material on this site is strictly prohibited.
11.9 These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements (updated November 2013).
11.10 We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on our website.
12.1 Errors and omissions must be excepted.
13.0 No Effect to Statutory Rights
13.1 The above policies are part of our commitment to high quality service. They do not affect your statutory rights as a consumer.