Terms of service

OVERVIEW

This website is operated by Downca. Throughout the site, the terms "we", "us" and "our" refer to Downca. By accessing or using any part of this site, you agree to be bound by the following Terms of Service. If you do not agree to all terms and conditions herein, you may not access the website or use any of our services.

Any new features or tools added to the current store shall also be subject to these Terms of Service. We reserve the right to update or replace any part of these Terms at any time by posting changes to our website. Your continued use of the site following any changes constitutes your acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform enabling us to sell our products and services.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you have provided consent for any minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you violate any applicable laws. Any breach of these Terms will result in immediate termination of your access to our Services.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason. You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the Service without our express written permission. Credit card information is always encrypted during transfer over networks.

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete, or out of date. Content is provided for general informational purposes only and should not be relied upon as the sole basis for decisions. We reserve the right to modify site content at any time without obligation to update any information.

SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES

Product prices are subject to change without notice. We reserve the right to modify or discontinue the Service at any time without liability to you or any third party.

SECTION 5 — PRODUCTS OR SERVICES

Certain products or services may be available exclusively online and may have limited quantities. We have made every effort to display product colors and images as accurately as possible; however, we cannot guarantee that your monitor's display will be fully accurate. We reserve the right to limit sales, quantities, or availability of any product at our sole discretion.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order. You agree to provide current, complete, and accurate purchase and account information for all transactions. Please review our Returns Policy for further details.

SECTION 7 — OPTIONAL TOOLS

We may provide access to third-party tools on an "as is" and "as available" basis without any warranties or endorsement. Any use of such tools is entirely at your own risk and discretion.

SECTION 8 — THIRD-PARTY LINKS

Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for the content, accuracy, or practices of any third-party sites. Complaints or concerns regarding third-party products should be directed to the relevant third party.

SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Any comments or submissions you send to us may be used by us without restriction or compensation. You are solely responsible for the accuracy and legality of any content you submit. We reserve the right to remove content that we determine, in our sole discretion, to be unlawful or objectionable.

SECTION 10 — PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct any errors, inaccuracies, or omissions and to update information or cancel orders at any time without prior notice, including after an order has been submitted.

SECTION 12 — PROHIBITED USES

You are prohibited from using the site or its content for any unlawful purpose; to solicit unlawful acts; to violate applicable regulations or laws; to infringe intellectual property rights; to harass or discriminate against others; to submit false or misleading information; to upload malicious code; to collect personal information of others without consent; or to interfere with the security of the Service. We reserve the right to terminate your access for any violation of these prohibitions.

SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. The Service and all products are provided "as is" and "as available" without warranties of any kind. To the maximum extent permitted by law, Downca shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Service.

SECTION 14 — INDEMNIFICATION

You agree to indemnify and hold harmless Downca and its affiliates, officers, employees, and agents from any claim or demand arising out of your breach of these Terms or your violation of any law or third-party rights.

SECTION 15 — SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall continue in full force and effect.

SECTION 16 — TERMINATION

These Terms are effective unless terminated by either party. We may terminate this agreement at any time without notice if you fail to comply with any provision herein. All obligations incurred prior to termination shall survive.

SECTION 17 — ENTIRE AGREEMENT

These Terms of Service, together with any policies posted on this site, constitute the entire agreement between you and Downca and supersede all prior communications or agreements.

SECTION 18 — COMPLAINTS AND WARRANTY

How to Submit a Complaint: If you are dissatisfied with any product or aspect of our service, please contact our customer support team at support@downca.com with your order number, a description of the issue, and supporting photographs where applicable. We aim to acknowledge all complaints within 2 business days and to provide a resolution within 7 business days of receipt.

Quality Warranty Scope: All products sold through Downca are subject to a quality assurance review prior to dispatch. In the event that a product arrives defective, materially different from its description, or damaged in transit, we will, at our discretion, offer a replacement, store credit, or refund. Warranty claims must be submitted within 30 days of the confirmed delivery date and must include photographic evidence of the defect or damage. This warranty does not cover damage resulting from misuse, normal wear and tear, or unauthorized modifications.

SECTION 19 — RIGHT OF WITHDRAWAL (COOLING-OFF PERIOD)

Consumers residing in jurisdictions that provide statutory withdrawal rights (including but not limited to the European Union and the United Kingdom) have the right to withdraw from a purchase contract without providing any reason within 14 calendar days from the date on which you, or a third party designated by you, take physical possession of the goods (the "Cooling-Off Period").

To exercise your right of withdrawal, you must notify us of your decision by sending a clear written statement to support@downca.com before the Cooling-Off Period expires. You may use the following model withdrawal statement: "I hereby give notice that I withdraw from my contract of sale of the following goods [order number / product name], ordered on [date], received on [date]. Name: [your name]. Address: [your address]."

Upon valid withdrawal, we will reimburse all payments received from you, excluding outbound shipping costs, no later than 14 days from the date we receive the returned goods or evidence of return shipment, whichever is earlier. Reimbursement will be made using the same payment method used for the original transaction unless expressly agreed otherwise. Return shipping costs are the responsibility of the consumer unless the goods are defective or misdescribed.

The right of withdrawal does not apply to: (a) goods that have been unsealed after delivery and cannot be returned for hygiene or health protection reasons; (b) goods that are clearly personalized or made to specification; or (c) digital content that has been accessed or downloaded.

SECTION 20 — GOVERNING LAW AND DISPUTE RESOLUTION

Applicable Law: These Terms of Service and any separate agreements through which we provide you services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (HKSAR), without regard to its conflict of law provisions.

Dispute Resolution Process: In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties agree to first attempt to resolve the matter through good-faith negotiation. Either party may initiate this process by sending a written notice describing the dispute to the other party. The parties shall have 30 days from the date of such notice to reach an amicable resolution.

Mediation: If the dispute cannot be resolved through negotiation within the 30-day period, the parties agree to submit the dispute to non-binding mediation administered by a mutually agreed mediator before pursuing formal legal proceedings.

Arbitration / Litigation: If mediation fails or is waived by mutual agreement, any unresolved dispute shall be finally settled by binding arbitration in accordance with the Arbitration Ordinance (Cap. 609) of Hong Kong, or alternatively submitted to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region. The language of arbitration or proceedings shall be English.

Consumer Rights: Nothing in this section shall limit or exclude any statutory rights you may have as a consumer under the laws of your country of residence that cannot be waived by contract.

SECTION 21 — CHANGES TO TERMS OF SERVICE

We reserve the right to update or replace any part of these Terms at our sole discretion. Changes will be posted on this page, and your continued use of the site following any update constitutes your acceptance of the revised Terms.

SECTION 22 — CONTACT INFORMATION

Questions about these Terms of Service should be directed to us at support@downca.com.