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Terms and Conditions

TERMS OF SERVICE

GENERAL
Thank you for visiting Incana’s (“Incana”, “we” or “us”) website (on www.incana.com.hk) (the “Site”). Access to and use of the Site and related services (collectively, the “Services”) are made available to you in accordance with the following Terms of Service and any other rules and policies posted on the Site, including the Privacy Policy (collectively, the “Terms of Service” or “TOS”). By using the Services, such as browsing or placing orders on the Site, you are agreeing to all of the Terms of Service. 

We will collect, use, store and disclose any personal data provided by you in accordance with the Privacy Policy.

This TOS does not acknowledge any relationship between you and Incana (partnership, collaboration, employment, or otherwise). It does not entitle you to hold yourself as a representative of Incana.

Incana reserves the right to make changes to the Site or any part of the TOS at any time. Please visit this page from time to time to check for any updates or changes to any part of the TOS (including the said rules and policies and the Privacy Policy).

If you have any comment about the Site or this TOS please contact us.

REGISTRATION
You will need to register an account to use some of the Services available to you on the Site. In registering an account and in your use of the Site, you agree to (where necessary) provide information about yourself that is true, accurate, current, and complete in all respects. Please refer to our Privacy Policy for more information on how we use your personal data. 

If you are under 18, by registering for an account with us or otherwise using our Services, you agree that you have informed your parents and guardians about the TOS prior to such registration or use, and they have approved of such registration or use by you on the terms of the TOS. Incana reserves the right to only accept orders from you if you are aged 18 or over.

We will never ask you for your account’s password either in writing (via email or otherwise), in person or on the phone. In using the Site, you are responsible for : 
  • (i) safeguarding any passwords used to access your account and our Services, and 
  • (ii) all use of our Services under your account. Please take reasonable care in protecting access to your account from any unauthorized use. If you suspect that the security of your account has been compromised or if there is unauthorized use of your account, please contact us immediately.

PROHIBITIONS AND FAILURE TO COMPLY
We may take actions against your account for activities including, but not limited to:
  • Submitting material (including, but not limited to personal data, text, images, music or video) of which you do not have the full right to submit and/or grant license (the “Submitted Content”).
  • Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way.
  • Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material.
  • Advertising or sending unsolicited messages of any kind.
  • Impersonating others or providing any kind of false information.
  • Starting or forwarding chain letters of any kind.
Incana reserves the right to terminate any account in its sole discretion. We may send you an email to inform you of the termination of your account in such event.

INTELLECTUAL PROPERTY
All software and “Content” (which is defined as, or includes, any text, audio or music, video, graphics, photographs, and image) are the intellectual property of Incana and are protected by intellectual property and copyright laws and international treaty provisions.

The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorized by Incana and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of Incana. Any such unauthorized actions may result in civil consequences or criminal penalties.

Incana reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.

THIRD-PARTY LINKS
The Site may include links to other websites or resources that are not operated or prepared by Incana. We have no control over such sites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.

Incana is not responsible for the content or accuracy of any off-Site pages, which include but is not limited to advertisers of the Site. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of such sites.

ELIGIBILITY TO PURCHASE
In order to place orders with us, you must meet our conditions of eligibility :
  • Be aged 18 years of age or over;
  • Be in possession of a valid credit/debit card issued by a licensed bank acceptable to Incana for payment; and
  • Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site).
In placing an order with us, you authorize Incana to process a charge or charges on your credit card and/or payment account in the amount of the total purchase price of your order. You also expressly authorize us to use personal information provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.
All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.
The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.

PRODUCT DESCRIPTIONS
Incana will endeavour to ensure that the Content and the product descriptions on the Site are as accurate and complete as possible. We however do not warrant that “Content” and product descriptions are accurate, complete, current or error-free. Please refer to our Returns policy if you feel a product offered by Incana is not as described.

PRICING
Prices are shown on the Site in Hong Kong Dollars (HKD) in Hong Kong. 
Prices displayed on the Site at the time your order is accepted will be honored except in the case of obvious error. Whilst we use our best endeavours to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.
If your credit card and/or payment account is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Taxes and duties applicable to your order depend on the shipping country of your order:
  • Hong Kong orders are not subject to taxes and duties.
  • Customers placing orders from countries served on a Delivery Duty Unpaid (DDU) basis will only be charged for the price of the product(s) purchased (excluding taxes and duties) and the delivery costs. Customers will be responsible for the payment of all import tax and duties levied by the country to which the products are shipped and payment of the said tax and duties is necessary for the release of the products ordered from the Customs on arrival. Our courier, SF Express, will contact customers about the details of any import duty to pay. We advise you to contact your local customs authority to determine the cost of import tax and duties of your order prior to your placing orders with us.
PAYMENT
We accept payments made by Visa, MasterCard, and American Express for all international orders. Orders shipped to Hong Kong can also be paid using major cards supported by China Union pay (CUP).

By placing an order using one of the above credit/debit card payment methods, you confirm that the credit/debit card account used is yours or that you have been authorized by the owner to use it. If your card issuer refuses to authorize payment to Incana, we will not be liable for any delay or non-delivery.

For CUP payments, payments will be debited immediately when the order is placed. But your order will only be accepted until we send you an email to confirm the goods have been dispatched to you and your payment has been accepted. Please refer to “ACCEPTANCE OF YOUR ORDER” below for detail.

Our payment processes meet the stringent international security standards set down by the Payment Card Industry to make your shopping experience safe and secure. If you have registered an account on the Site and have decided to save your card details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorized access to any data you provide when using our Services.

ACCEPTANCE OF YOUR ORDER
Content (including without limitation product images, descriptions, pricing, stock availability, and sizing information) on this Website constitutes our invitation to treat, not a binding offer.
Once you have entered your personal and payment details and placed your order, we will send you an email acknowledging the receipt of your order. This email is confirmation of receipt of your order and does not constitute an acceptance of your offer / order or any promise concerning your offer / order.
If your order can be accepted by us, the contract between you and Incana shall be deemed concluded when we send you an email to confirm that the goods under your order have been shipped to you. 
Only the goods listed in the confirmation email sent at the time of shipment are included in the contract concluded. All sales contracts are concluded in Hong Kong SAR and are written in English.
Incana reserves its right not to accept an order for any reason in its sole discretion (including but not limited to any of the following reasons):
  • The product you ordered is out of stock, or is withdrawn for failure to meet quality standards or due to the shipping restrictions applicable to any or all of the ordered items.
  • We are unable to accept your order due to a system error.
  • We are unable to obtain authorization for payment.
  • You do not meet the eligibility criteria to purchase as set out in these Terms Of Service.
Our Customer Service team will contact you as soon as possible if we are unable to accept your order.

SHIPPING AND COLLECTIONS
We endeavour to dispatch all products ordered within 72 hours after the order has been placed and accepted by us. You will be given an indication of the estimated delivery time when you receive an email to confirm the goods have been dispatched to you. Incana’s teams will try their best to meet the estimated delivery but cannot guarantee that such estimate can be met.
Special Arrangements
- For peak seasons and special occasions (i.e. Valentine's Day and Mother's Day) pricing, delivery charges, order cut-off times, delivery may be altered
- Adverse weather conditions (i.e. Typhoon 8) may cause a delay in the delivery of your order. You will be notified as soon as possible with the rescheduled delivery date and time of your order.

RETURNS AND EXCHANGES
COMPLIANCE WITH INCANA STORE OPERATIONS POLICIES
Any customer who violates Incana Operations Policies which can be found at https://portal.incana.com.hk/supplier for Hong Kong and for China, abuses Incana Returns Policy (including without limitation demonstrating a high incidence of returns of merchandise (“Merchandise”) after purchase), or engages in inappropriate behavior (including without limitation abuse of Incana staff), or illegal activities (including parallel importing or passing off of Merchandise purchased at Incana) may suffer the following consequences:
  • The customer may be blacklisted by Incana;
  • Incana may not accept future orders from the customer online;
  • Incana may decline the customer’s request to return or exchange any Merchandise;
The decision as to whether a customer has violated Incana Operations Policies or abused Incana Returns Policy or engaged in inappropriate behavior remains within Incana’s sole discretion and its decision shall be final. Suspected illegal activities will be referred to Incana’s legal department for further investigation and action.

RETURNS OR EXCHANGES
Merchandise may be exchanged (subject to stock availability) or returned within 5 days of receipt of Merchandise provided that:
  • (1) all tags, certificates, warranties, care instructions, product labeling, authenticity cards, extra buttons, hangers, dust bags and boxes (in the case of shoes) are intact and returned together with the Merchandise;
  • (2) the original invoice is presented;
  • (3) in the case of returns or exchanges of online purchases returned, the order confirmation number of the online purchases is presented;
  • (4) the Merchandise does not fall within the category of “Excluded Items” as defined below;
  • (5) the Merchandise is in Sellable Condition as defined below; and
  • (6) a completed returns form is presented (returns form will send out upon request).
Returns or exchanges outside 5 days of receipt of Merchandise (as the case may be) may be accepted at the sole discretion of Incana.
For online purchases, returns must be sent via SF Express. Customers will take full responsibility for the returns if they do not send the Merchandise via SF Express. Incana reserves the right to refuse returns that are not made via SF Express. For online purchases, please use Whatsapp to send a message to Customer Care team at +852 6360 6768 or email to info@incana.com.hk for returns or exchanges. 

SELLABLE CONDITION
“Sellable Condition” means that the Merchandise is still in its original packaging with the original labels, garment tags, price tags and return tags still attached; that the Merchandise is unworn, unused, unwashed, unaltered and in the condition originally sold; and that the Merchandise is not damaged or soiled in any way. Without prejudice to the generality of the foregoing, the additional conditions below apply to specific categories of Merchandise:

Shoes
No exchange for shoes. Shoes should be returned unmarked and in their original, undamaged shoe box and/or dust bag as this is considered part of the Merchandise. Shoes that are returned without a dust bag and/or box, in a damaged dust bag and/or box, or with marked, scratched or dirty soles may not be accepted, and may be sent back to the customer.

Clothing
Merchandise should be returned in a new, unmarked, unused and undamaged condition.

Accessories
Merchandise should be returned in a new, unmarked, unused and undamaged condition.

Bags
Bags should be returned in a new, unmarked, unused and undamaged condition with protective strips on hardware intact and dust bags if provided on delivery.

Limited-Edition Products
As these items are highly collectible, returns will not be accepted.

The decision as to whether the Merchandise is in Sellable Condition remains within Incana’s sole discretion and its decision shall be final.

For returns of online purchases, if Incana receives a return that cannot be accepted, the customer has the option to have the Merchandise re-shipped to the customer at his/her sole cost within 60 days, otherwise the Merchandise will be disposed.

EXCLUDED ITEMS
No return or exchange will be accepted for the following items that are defined as “Excluded Items” for purchases online: goods that are not in Sellable Condition, items subject to Environmental Levy on Plastic Bags and any other item excluded from return or exchange for online purchases by prevailing laws from time to time.

REFUNDS
In Incana’s sole discretion, the original purchase amount will be credited to the credit card/payment account used by the customer for purchase of the Merchandise with a deduction of administration charges HKD15.00 or 3% of the Merchandise, whichever is higher.

For refunds for online purchases, initial shipping will not be refunded.

RETURN OF DEFECTIVE MERCHANDISE
For online purchases, customers should contact Incana by emailing the Customer Care team at info@incana.com.hk. Incana reserves the right to request photographic support regarding the Merchandise before authorizing a return. If requested, the customer shall sign a waiver to indicate their acceptance that Incana assumes no liability in respect of the Merchandise.

CONTACT US
Please contact Customer Care team at info@incana.com.hk regarding questions about this Returns Policy.

YOUR RIGHTS
Nothing in the TOS is intended to affect your rights under the Laws of Hong Kong SAR.

LIABILITY
Views expressed in any media by the designers, companies or third parties, whose products are sold on the Site or with whom we are associated, are their own. Incana takes no responsibility for any such views as they do not necessarily reflect ours.

Incana does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.

Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, Incana will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TOS.

INDEMNITY AND WAIVER
At our request, you agree to compensate us fully and hold us, Incana (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes the use of the Site by any other persons using your account caused by your action or inaction.

If you breach the TOS and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach the TOS.

COMPLAINTS
We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please contact our Customer Care team at +852 6360 6768 or email info@incana.com.hk for any order related complaints or comments.

Incana respects the intellectual property of others. If you have reason to believe your work may have been used in the Site without your permission, please contact us following this complaints handling procedure.

GOVERNING LAW AND JURISDICTION
The TOS, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these TOS.