Terms and Conditions

These terms and conditions (together with privacy policy on the website and any other documents referred in these terms and conditions) (“Terms and Conditions”) set out the legal terms that apply to your use of our website http://www.congocongo.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the “Websites” and “Website” being a reference to any one of them) and the other services that we provide (the “Services”).

Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.

  1. Understanding these Terms and Conditions

When we refer to “Congocongo”, “we”, “us”, or “our”, we mean Congocongo Company Limited, or where relevant, its affiliates. Where we refer to “you” or “your” we mean you, the person using the Services.

These Terms and Conditions are only available in the English language. We will not file copies of the contracts between you and us relating to our supply of these Terms and Conditions for your records (but please not that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).

  1. About Us

We are Congocongo Company Limited, along with certain of our affiliates, we operate the Website. Congocongo Company Limited is a company registered in Hong Kong and our registered office is at Unit 2, 4/F, Block D, Tuen Mun Industrial Centre, No. 2 San Ping Circuit, Tuen Mun, N.T., Hong Kong.

We, along with certain of our affiliates, provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below. When you purchase products using the Website, you are purchasing them from the third party retailers (“Vendor(s)”) named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Vendor. We are acting as agent on behalf of the Vendors, which are the principals. You are not purchasing the products from us. We are authorized by the relevant Vendors to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. Further details about the products, the Vendors and the contract between you and the Vendors in relation to your purchase of the products are set out in section 5, 6, and 7 below.

  1. Our services

The Services we offer allow you to search through the Website and purchase products from a large number of Vendor shops and brands worldwide. As part of the Services, we also provide some ancillary services such as arranging delivery of the products, providing you with customer service assistance (if you are unable to settle issues directly with the Vendor) and payment processing. As stated above, the contract for the purchase of the products is between you and the relevant Vendor. This means that it is the Vendor (not us) who is legally responsible for selling the products to you.

Please note that some of the delivery logistics services are being provided by us to you and as such you are entering into a contract for delivery services provided by us. For delivery logistics services provided by the vendor to you, you are entering into a contract for delivery services with our Vendor. We may make a change for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us or the Vendor is concluded once the products have been delivered to you by the courier or have been collected by you from a Vendor.

In order to use the Services, you must be over 18 years of age.

  1. Our liability to you in relation to the Services

If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable such as logistics restrictions due to Covid-19. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.

  1. The products

Our vendors attempt to be as accurate as possible in the description of the products displayed on the Website. However, we cannot guarantee that all details are always accurate, complete or error free. Please contact the Vendor directly through their shop page on our Website if you would like more information about a product. The images of the products on the Website are for illustrative purpose only, and although we request our Vendor to display colors accurately, we cannot guarantee that your computer’s display of the images accurately reflect the true color of the products.

We do not allow Vendors to offer flawed items or products of low quality than the corresponding market standards for sale on the Website. If an item you have ordered is not described, is flawed or of a lower quality, and you have notify the Vendor upon receiving the delivery within 48 hours and yet the Vendor still refuses to refund the item, you can return it to us and we will liaise with the Vendor on your behalf. Once the item is received by the relevant Vendor, you will receive a full refund of the defective product, or alternatively a discount, replacement or repair for the item where possible, agreed on a case by case basis by us. We will refund you any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned).

As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your Consumer Council. Nothing in these Terms and Conditions will affect these legal rights.

The products sold by the Vendors are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor the Vendors have any liability to you for any loss of profit, loss of business, interruption of business or loss of business opportunity.

  1. Congocongo Vendors

As explained above, the contract for the purchase of the products is between you and the relevant Vendor. We are acting as agent and are authorized by the relevant Vendor to conclude the contract on its behalf but we are not a party to that contract and you are not purchasing the products directly from us.

We request that all Vendors using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Vendor’s business policies. If you are unhappy with the product or service you have received from a Vendor, you should contact us and we will liaise with the relevant Vendor on your behalf to try and resolve the issue.

  1. Orders, prices, payment and taxes

By completing the checkout process and successfully made your payment, you are offering to purchase the products from the relevant Vendor (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Vendor. After entering into the contract for the products with the Vendor, the Vendor will be under a legal duty to supply you with the goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Vendor and/or Congocongo (as applicable) until it is delivered to you at the address specified when you placed your order.

To order products, you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.

The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, etc.)

  1. Formation of the contract between you and the Vendor(s).

When you place an order, you will receive an email confirming receipt of your order, which concludes the contract between you and the Vendor.

  1. Taxes and duties

Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Vendor outside of your territory, you may need to pay import duties upon receipt of the products. You will be responsible for payment of any such import duties and taxes that are not written on checkout. Please contact your local customs office for further information and a “landed cost estimate” before placing your order.

  1. Delivery

The estimated delivery date of the products will be stated in your order confirmation email. We and the Vendor supply delivery services to you depending on the product purchased and we will try to ensure that your order is delivered by the estimated delivery date, but there may be circumstances where delivery is delayed because of events beyond our reasonable control (please see section 15 below for further information). If this happens, we will not be liable to you for any losses caused as a result of such delay.

Delivery times may vary depending on the availability of the products and your delivery address. The product(s) will be delivered to you directly by the Vendor(s) so your order may arrive in multiple deliveries and at different times.

In certain circumstances, the delivery partner may leave your package outside or provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leaving with neighbor, reception or security: re-directing the delivery to a neighbor, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best sutis you; (d) re-directing to a collection point: collecting your package from a collection point nearby. If the delivery partner leaves your package outside, or if you select any of the optional services (including through any default preferences you may have selected with our delivery partner separately) you acknowledge and agree that Congocongo and the Vendor(s) shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.

Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCRs”) or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order. Once the products are returned to the relevant Vendor, you will receive a refund minus the original delivery costs; you will also be liable to arrange and cover the full cost of returning the order to the Vendor.

  1. Our Website

This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.

  1. Access to the Website

The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.

Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.

We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Vendors) satisfy any legal requirement that same communications be in writing.

  1. Your conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

You understand that you are responsible for all electronic communications and consent sent from your computer to us and you must use the Website for lawful purposes only.

You must not use the Website for any of the following:

In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”. To cause harm, annoyance, inconvenience or needless anxiety to any person.

Breaching these provisions would constitute a criminal offence under the Telecommunications Ordinance (Cap. 106 of the laws in Hong Kong) and the Crimes Ordinance (Cap. 200 of the laws in Hong Kong). We, in compliance with any enforceable law or public order, will report any breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or in any member of our group as a result of or in connection with your breach.

  1. Third-Party Products and Services on the Website

The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Vendors (the “Third Party Products and Services”). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk.

We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.

  1. Linking

We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

  1. Our liability in relation to the Website

We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether expressed or implied, that the Website or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.

We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of reliance on any content displayed on the Website.

Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. Death or personal injury caused by our negligence; 2. Fraud or fraudulent misrepresentations; 3. Any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Vendors’ supply of the products to you.

  1. Privacy Policy

We only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.

  1.  Intellectual property

We are the owner of the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) (“Content”). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, author’s rights and database right laws. All such rights are reserved.

You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether one or many times) for re-utilisation of any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.

  1. Ethical sourcing policy

As a reputable and trusted business committed to offering its customers high quality products, we recognize our obligation to ensure that all Vendors and other suppliers are operating ethically. We expect all Vendors and other suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights. All Vendors and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhuman treatment, working hours, rates of pay and terms of employment.

  1. Kids Related Products

While we work closely with our Vendors, it is our Vendor’s responsibility to ensure that the goods they sell comply with all applicable product laws and regulations, such as Flammability Standards, Certificates of Compliance and Tracking Labels.

  1. Final Sale

“Final Sale” items are not subject to Congocongo’s standard return policy and may not be returned. Any return or refund of “Final Sale” items purchased from Congocongo.com are made at Congocongo’s absolute and sole discretion, subject to applicable laws.

  1. Other important information

Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that this will not mean that we will automatically waive any later breach by you.

Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.

Events outside of our control - We and the Vendors will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.

An event outside of our control means any act or event beyond our or the Vendors reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-downs, trade disputes, fires, floods, earthquakes, pandemics, or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

If such an event takes place and it affects the performance of our or the Vendors’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; (ii) our and the Vendors’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.

Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

  1. Governing Law and Jurisdiction

Anything related to your order, use of the Website or these Terms and Conditions are governed by the law of the Hong Kong SAR. The court of Hong Kong SAR shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.