Terms and Conditions
This Website at the URL (NOONST.com)(“NOONST”) is owned by QUAD ONE Limited, a company registered in Hong Kong under Business Register number: 72059544-000-07-20-2, whose registered office is at 1503, Multifield Centre, 426 Shang Hai Street, Mong Kok, Hong Kong. (“Quad One”)
NOONST is committed to protect user privacy.
Products that you purchase via NOONST will be sold to you by Quad One Limited, 1503, Multifield Centre, 426 Shang Hai Street, Mong Kok, Hong Kong.
Your purchases of any Products via NOONST from Quad One will be governed by the following terms and conditions of Sales. Please read these terms and conditions carefully before ordering any Products from NOONST. You should understand that by ordering any Products, you agree to be bound by these terms and conditions.
QUAD ONE’s Terms and Conditions of Sale ("Sales Terms")
1. About These Sales Terms
These Sales Terms are applicable to all orders and purchases made in the NOONST ("Products").
With regard to the purchases in the NOONST, QUAD ONE will communicate electronically by sending email. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
QUAD One may revise these Sales Terms from time to time. Any changes to the Sales Terms will apply to orders placed on or after the effective date stated in these Sales Terms or elsewhere on the NOONST. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.
The purchase of any Products offered on the NOONST is subject to these terms and conditions herein and the shipping policies of NOONST and QUAD One of Sales Terms. The Products are exclusively intended to be sold to end consumers, natural persons or corporations, with the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, you warrant that in using the NOONSTe and/or purchasing any Product on NOONST, you are acting as the end consumer and you agree that you shall not, and shall not intend to, resell the Products for commercial (or any other) purposes.
BEFORE PLACING AN ORDER FOR PRODUCTS, YOU MUST READ AND AGREE TO BE BOUND BY THESE SALES TERMS.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 14 (LIABILITY).
IF YOU FIND YOURSELF UNABLE TO AGREE TO THESE SALES TERMS YOU MAY NOT PROCEED TO PURCHASE ANY PRODUCTS LISTED ON THE NOONST.
2. Your account
If you create an account (personal user identification or username) on the NOONST you are responsible for maintaining the confidentiality of your username and password and for restricting access to your password, and you agree to accept responsibility for all activities and for each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness. You agree to indemnify us entirely against any and all losses attributable to any access to and/or use of your customer account (including access and/or use for the purchase of, and the placing of orders for, any Products) referable or traceable to your username and password.
The data recorded by the NOONST constitutes proof of all transactions made between QUAD One and its customers. In the event of a dispute between QUAD One and one of its customers about a transaction made on NOONST, the data recorded by QUAD One will be considered as irrefutable proof of the content of the transaction.
3. Placing an Order
To be able to buy Products you have to:
- read and accept these Sale Terms;
- provide your name and address, phone number, email address, payment details and other required information;
- provide a delivery address (Note that QUAD ONE is unable to deliver to certain addresses, including but not limited to, P.O. Box addresses, some hotels, hostels or prisons.); and
- be legally capable of entering into binding contracts be the owner or authorized holder of a valid credit card to buy the Products if paying with a credit card.
You may place an order by clicking on the "ADD TO BAG" button and proceeding to the checkout page.
You will be provided with an opportunity to review your order(s), read and accept the Terms of Sale, check the total price of your order(s) and the information you have provided and correct any input errors before confirming your order(s).
Before confirming your order and proceed to payment, you must ensure the delivery address provided is accurate and complete as the successful delivery to the delivery address provided by the customer shall discharge QUAD One/NOONST from any responsibility.
NOONST currently ships to addresses within the Hong Kong S.A.R(delivering service eligible to QUAD ONE’s delivering service provider) and international shipping (see International Shipping Page. If you may have any enquires for delivering details, please contact QUAD ONE Customer Care Centre for assistance.
Unless otherwise regulated by law or under Sales Terms, once the order been accepted by us, you shall not be able to change or cancel the order. In case you have the right to cancel the order, if you have already made the payment, after deducting the cost of QUAD One (subject to the unilateral decision of QUAD One based on the actual cost, such as delivery cost, if any), QUAD One will return all remaining payment received to the original payment account.
4. Order Processing and Contract Formation
Once you have submitted and confirmed your order(s) using the NOONST, QUAD ONE will send an email to the email address you provided acknowledging receipt ("Order Receipt Confirmation Email") of the order(s) and setting out details of the ordered Product(s).
QUAD ONE may choose not to accept any order in QUAD ONE's sole discretion including without limitation in the case of abnormal orders and orders which QUAD ONE suspects are not placed in good faith.
NOONST’s Product selection and prices are valid as long as they remain visible on NOONST, subject to availability. Exceptionally, errors or changes may be made, especially in cases of simultaneous orders of the same Product by several customers. If a Product is unavailable after ordering, QUAD One will inform you of such unavailability by email as soon as possible. You will then be presented with the choice to order an alternative Product available then from NOONST or to cancel your order. QUAD One shall not be liable if Products are out of stock or unavailable for orders, even if such orders may have been accepted by NOONST or QUAD One. For the avoidance of doubt, any purchase order by the customer constitutes an offer for purchase, and QUAD One’s has the right to accept or reject any purchase orders of Products from customers (any email notifying you that the order request been received is only an acknowledgement of your offer but not a confirmation of your order, and does not constitute any form of contract between you and us). QUAD One’s acceptance of your order will only take place when NOONST/QUAD One notify you by email (“Shipment Confirmation Email”) to that your order been shipped, at which point a contract will come into existence between you and QUAD One. QUAD One reserves the right to change the Products available on NOONST at any time and without any prior notice, and may limit the number of Products which can be purchased per customer or order at its sole discretion and shall have the final decision of whether to allocate any Products to you.
In the Order Receipt Confirmation Email you will receive a copy of these Sales Terms, however you are encouraged to download, save and/or print a copy of your Order Receipt Confirmation Email and these Sale Terms for your own records.
You have the option to cancel your order at any stage before you have received your Shipping Confirmation Email by contacting QUAD ONE Customer Care Centre. If you would like to cancel your order after you have received your Shipping Confirmation Email, please see the Return and Refund section below.
5. Prices, Shipping and Handling, and Charges
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation Email and in your Shipping Confirmation Email.
In the event of a pricing error, whether on the NOONST or in an Order Receipt Confirmation Email or otherwise, you accept that QUAD ONE has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation Email, QUAD ONE will notify you the correct price before processing your order, and your sole remedy in the event of such error is to cancel your order.
You acknowledge that even after QUAD ONE has sent you a Shipping Confirmation Email, if the pricing error is obvious and could have reasonably been recognised by you as a misprice, then QUAD ONE is under no obligation to provide a Product to you at an incorrect (lower) price.
Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a Shipping Confirmation Email (save in the case of a manifest pricing error as described above).
Payment shall be made by one of the methods you have selected during the checkout process (being VISA, MasterCard or American Express)
Payments by debit card are authenticated and secured by different systems dictated by the card issuing corporating and/or the relevant financial institutions. Common systems are known under the names of "Verified by Visa®", "MasterCard® SecureCode" or "American Express SafeKey®". During payment, users may be asked for his/her personal information in order to check the identity of the card holder and to validate the transaction. Authentication is specific to each institution and may be subject to such institutions’ respective terms and conditions. For any questions concerning the authentication procedures, please contact the relevant institutions accordingly.
If you use a credit card issued by an overseas issuer, additional service charges may be applied by third party credit card issuers and your payment to us in HKD may be subject to currency conversion rates decided by such third-party credit card issuers. Further, when you apply for a refund when return the Product, we will only refund the amount you made in HKD when you purchase the Product and we will not be responsible for the exchange rate difference to any foreign currency or any service charges of your credit card issuers.
Approved credit card types are listed in the order checkout form in the NOONST. In the event QUAD ONE does not receive the relevant credit card company's authorization, QUAD ONE reserves the right to cancel your order.
The value of your purchase(s) will be settled from the applicable card once QUAD ONE has sent you the Shipping Confirmation Email.
QUAD ONE has entrusted world-wide courier services such as DHL international express and SF Express or designated trusted courier services by your region as the carriers for product delivery. You should allow 1-2 business days for standard delivery for in stock items, provided that your payment is received before 12pm on the day that the order is placed. Delivery shall in any event take place within 30 business days after dispatch of the Shipment Confirmation Email. QUAD ONE reserves the right to substitute another carrier of equal or lesser cost to deliver your order. If Express Delivery/shipping is required, please select that as your shipping choice.
If QUAD ONE cannot deliver your order within the period specified in your Shipping Confirmation Email, then QUAD ONE will contact you and you may choose to cancel your order and QUAD ONE will provide you with a full refund. You agree and accept that such refund is the full and adequate remedy in the circumstances, and you will waive your right to claim any further remedy.
If you unreasonably defer delivery or delay the receipt of delivery after QUAD ONE has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, you need to contact the carrier promptly for collection, failing which the delivery package will be returned to QUAD ONE from the date of 2nd attempts of unsuccessful delivery. QUAD ONE reserves its rights to claim from you any loss occasioned by your neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the ordered items. Once we have confirmed that the Products failed to deliver to the address provided for the 2nd time, the sale contract between you and us in relation to the relevant Product will automatically terminate without further action required. We may email you for refund.
8. Events outside the control of QUAD ONE
QUAD ONE shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to:
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- strikes or lock-outs (or other industrial action);
- national or local states of emergency,
- failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster.
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- the acts, decrees, legislation, regulations or restrictions of any government.
QUAD ONE's performance is deemed to be suspended for the period that the above continues.
9. Product Availability
QUAD ONE uses reasonable efforts to ensure the availability of Products you order from the NOONST. However Products are made available to purchase on a "first in-first out" basis and are only available whilst stocks last.
10. Compatibility, Product Information
Please take care when placing your order to ensure that the Products you purchase are compatible for the intended use. Please use the NOONST as your final point of reference when checking compatibility. In the event of a difference between the NOONST content and any other website (or any other source of information) the compatibility of Products as shown on the NOONST at the time of purchase will be seen as taking precedence.
You should check for any lack of conformity in the Products at the time of delivery and, if any anomalies are found (e.g., open package, damaged goods, etc.), we recommend that you handwrite any observations, if possible on the delivery note, and sign it. If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay QUAD ONE Customer Care Centre for assistance.
11. Title to Products
QUAD ONE retains full legal title to Products until it has received all amounts due on the ordered Products in full. The Products will be at your risk from the time of delivery (in particular regarding loss, theft or damage). Ownership will pass to you when we receive payment in full for the Products ordered.
12. Return and Refund
In addition to your rights under the Sales of Goods Ordinance (Cap.26) and other applicable laws, if for any reason you are not completely satisfied with your purchase from the NOONST, you can return any Product (together with the accessories or fittings, original sales invoice, certificates, instruction booklets, all tags and all gifts (if any) delivered to you with the Product) purchased from the NOONST within 14 days of receipt for a refund, subject to the conditions set out below. Your legal rights in respect of defective goods are unaffected. For return of sale items, you will have to pay the additional shipping cost incurred.
To cancel your order, you must notify QUAD ONE Customer Care Centre either via email or by phone and arrange for return of the ordered items in accordance with the instructions given by QUAD ONE Customer Care Centre.
If you do not return the Products or any of the accessories or fittings, original sales invoice, certificates, instruction booklets, all tags and all gifts (if any) delivered to you with the Products, QUAD ONE reserves the right to refuse a refund. If you return any Products in a used or damaged condition, QUAD ONE reserves the right to deduct from any refund due to you (or otherwise seek to recover from you) an amount equivalent to the reduction in value of the Products, which might be 100% of the purchase price.
Once QUAD ONE has received the returned Products, we shall assess the Product for the purposes of determining whether to accept the return and reserve the right not to accept the return of any product at our discretion. After we accept the state and conditions of the Products (and any of the accessories or fittings, original sales invoice, certificates, instruction booklets, all tags and all gifts (if any) delivered to you with the Products) returned, QUAD ONE will send you an email to confirm the validation. Your refund will then be processed by QUAD ONE and confirmed to you by email. In most circumstances, your refund will be processed within 30 (thirty) days of QUAD ONE's email to you confirming the receipt and validation of your returned Products.
Returned and/or exchanged products shall be still sellable, must not have been used, neither in worn, altered, washed, stained or damaged conditions. The returned products should be in their original condition and packing (must not be opened if it is in the transparent film, all original packaging intact, including the orange box, packaging materials such as anti-dust bags and boxes, accessories, fittings, labels, trade mark signs, certifications, instruction booklets, NFC tags etc.), with all labels and/or signs intact and sealed if applicable, as well as together with the original sales receipt and original invoice and all gifts (if any).
We advise you to take out the insurance offered by your carrier handling the return. We will not be liable if any Product you wish to return to QUAD One/NOONST is lost, sent to the wrong address or delivered late insofar as you must bear the risks of the shipment method you have chosen and initiated.
Please note that if you have purchased a discounted bundled set or sale item, it is not applicable for the return or refund policy.
We do not currently offer the option of exchange of Products purchased via NOONST and do not offer the option of exchange or refund for Products purchased via channel other than NOONST.
13. Jewellery Warranty
All NOONST jewellery products are covered by a 1-year warranty covering manufacturing defects.
NOONST will not replace, fix, or repair a product that has been used with non-NOONST products. Do not expose your NOONST products to harsh chemicals or environments. Silver pieces are given detail by oxidation. Exposure to harsh chemicals or environments can alter the appearance of your NOONST product. These types of chemicals include, but are not limited to, liquid silver polish, pools, hot tubs, and spas.
Please retain the receipt as proof of purchase. The standard warranty is for 1 (one) year from the date of purchase. Except for glass charms, wooden charms, leather items and strings, which have a 30 (thirty)-day warranty from date of purchase.
General wear and tear, misuse, and tarnishing are not covered under the warranty.
Your warranty does not entitle you to replacements of lost items.
Neither QUAD ONE or NOONST are responsible for indirect losses which happen as a side effect of your main loss or damage and which are not reasonably foreseeable by you or QUAD ONE/NOONST, including but not limited to loss of anticipated savings.
These Sales Terms set out the full extent of the obligations and liabilities of QUAD ONE and NOONST in respect of the sale of the Products via the NOONST. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on QUAD ONE or NOONST other than those set out in these Sales Terms.
NOTHING IN THESE SALE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
TO THE FULL EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NOONST AND QUAD ONE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF THE APPLICABLE PRODUCTS FROM THE NOONST. This does not include or limit in any way the liability of NOONST or QUAD ONE respectively:
- for death or personal injury caused by their negligence;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for NOONST or SDSA to exclude, or attempt to exclude, liability.
Under no circumstances may QUAD One be held liable for any damage not resulting from a failure on the part of QUAD One to comply with one of its obligations. QUAD One shall not be liable to you for any indirect, consequential, special and punitive damages, or for any damages resulting from loss or interruption of business, lost data or lost profits, arising out of or relating to the Sales Terms, whether liability is based on contract, breach of warranty (express, limited or otherwise, or otherwise and whether asserted in contract, tort (including negligence and strict product liability) or otherwise, and irrespective of whether we have advised or been advised of the possibility of any such damages.
If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Sales Terms and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforceability of any remaining provisions.
16. Contact details
QUAD ONE Customer Care Centre will assist you with any NOONST order related questions or complaints. You can contact QUAD ONE either via email firstname.lastname@example.org or by phone +(852) 37023093 from Monday to Friday between 10:00 - 18:00, except for public holidays.
17. Transfer of rights and obligations
These Sales Terms are binding on you and QUAD ONE and on any person QUAD ONE might transfer its rights to.
You may not transfer, assign, charge or otherwise dispose of a contract with QUAD ONE, or any of your rights or obligations arising under it, without our prior written consent.
QUAD ONE may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of QUAD ONE's rights or obligations arising under it, at any time during its term.
If QUAD ONE fails, at any time to insist upon strict performance of any of your obligations under these Sales Terms, or if QUAD ONE fails to exercise any of the rights or remedies to which it is entitled under these Sale Terms this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19. Entire agreement
These Sales Terms and conditions and any document expressly referred to in them represent the entire agreement between QUAD ONE and you and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
You acknowledge that, in entering into a contract with QUAD ONE, you have not relied on any representation, undertaking or promise given by QUAD ONE or any third party or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Sales Terms.
Save as expressly provided for in these Sales Terms, a person who or which is not a party to these Sales Terms shall not have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623)) to enforce any provision of these Sales Terms.
20. Governing law and Jurisdiction
These Sale Terms and your purchase of products from QUAD ONE through the NOONST shall be governed by and construed in accordance with the laws of Hong Kong S.A.R..
In the event of a dispute arising out of or in connection with these Sales Terms, either party may use mediation procedure or any other alternative procedure for settlement of a dispute. Any dispute, controversy, difference or claim arising out of or relating to these Sales Terms which cannot be resolved within thirty (30) days after the commencement of the discussion, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding noncontractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be [one]. The arbitration proceedings shall be conducted in English.