TERMS AND CONDITIONS
We ask that you carefully read these terms and conditions before you access or use our website. The following terms govern the use of the Obor Desk website and the content and services that we make available on or through the website.
This website is owned and operated by Obor Desk Limited, and we offer its use conditional upon your acceptance of all of the terms and conditions herein contained. If you do not consent to any or all the conditions of this agreement, please desist from using this website.
You understand and accept that some of our provided services may require you to consent to supplementary terms and conditions than those contained in this legal agreement, and your use of our service shall be taken as your agreement of these terms as well as all other supplementary terms.
MODIFICATIONS/ALTERATIONS TO THE WEBSITE AND SERVICE
We may review/revise this terms and conditions at any time we deem fit and without prior notice to you. We will take your use of the Obor Desk website after any such change as your consent to be bound by the terms as changed. We will indicate last date updated at the top of this page every time we revise/review our terms.
DEFINITION OF TERMS
Except we otherwise explain them, these words shall have the following meaning in this agreement:
User: This shall be taken as anyone using the website and our services, whether such a person has registered to use the website or not, and whether such a person is a reseller, retailer or an agent.
Retailer: This shall be defined as someone who is a reseller, vendor, or dropshipper. This can refer to individuals or organisations or agents representing individuals or companies.
Customer: This shall be defined as a retailer’s customers or clients who place orders for products from retailers.
ELIGIBILITY AND USER ACCOUNTS
To be able to access and use most parts of our website, you will have to register as a user and must be at least 18 years old. By using Obor Desk in any way, you represent and warrant that you have attained the age of 18.
To complete this user registration process, you will be prompted to provide your email address and a password, as well as provide certain information that will be used to create an individual user account for you.
Obor Desk offers multiple subscription plans for users, and we ask that you choose your preferred plan, and create your user account based on that plan and all the information that we request under that plan.
All individuals who create an account on behalf of a company will be required to provide us with some information about their companies.
You hereby certify that the information you provide on Obor Desk, both during the registration process and afterward, are comprehensive, truthful, and not intentionally misleading.
You must regularly update your account information so that it remains correct, honest, complete, and not misleading. We have the right to delete any user account that has false, dishonest, and misleading information attached to it.
MAINTENANCE OF THE SERVICE
We may occasionally carry out website maintenance, including without limitation upgrades, repairs, testing, and other similar tasks. These may be scheduled or unscheduled. When this happens, we may be required to temporarily suspend or deactivate all access to the platform.
Without prejudice to any other condition of these terms and conditions, Obor Desk shall not be responsible and shall not be required to underwrite any user for any incurred damages, loss, expenses, or costs associated with the user’s inability to use the platform as a result of such suspension or deactivation.
We may also occasionally invite resellers or retailers to take part in platform testing in a bid to develop functionality features that we think will be useful to such resellers and retailers. You hereby consent to us contacting you through an in-account message or via email as per such user testing opportunities.
INTELLECTUAL PROPERTY AND COPYRIGHT
The Obor Desk name, logo, page headers, website, scripts, button icons, and service names and all associated trademarks are trademarks of Obor Desk Limited. The website’s content is also under the protection of Hong Kong’s copyright, trademark, and proprietary laws and rights.
You may not broadcast, distribute, frame, link, adapt, upload, duplicate, or use any material on the Obor Desk website without our written authorization. The breach of our copyright and intellectual property may prompt us to initiate legal proceedings against the violator.
Any content submitted by users to the platform shall remain theirs, but uploading content to our website means that such users grant Obor Desk Limited a world-wide, royalty-free, and non-exclusive license to use the content (in any way including but not limited to duplication, alteration, adjustment, publishing, and translation) in any format and through any medium without reimbursement to them or any third party, and without any special recognition that such user content originated from them.
All users are welcome to access their billing information at any time that they so wish. To do so, simply log in to your account and choose the “Billing Details” option. Under this option, you may choose to change your payment information or cancel your subscription if you are no longer interested in using our services.
All subscription payments will be considered by us to have been fully earned on the day that your account is charged. You understand and accept that we do not offer any partial refunds for any user who chooses to cancel their subscriptions before the end of their current billing cycles.
Without giving you any prior notice, we may change the price of any product on the platform. For example, where we determine, in our sole discretion, that there was a printing or typographical error, we may change the product pricing information to show the actual price.
You also understand and agree that the product prices that we have made available on the website may change at any time as a result of change in Supplier’s wholesale pricing. Obor Desk does not dictate or control Supplier’s pricing or any related handling or shipping charges. We are therefore unable to represent that any product will continue to be sold at a specific price for any given period of time.
MAP (MINIMUM ADVERTISED PRICE) PRODUCTS
There are certain products that we list on our platform that are covered by suppliers’ MAP (Minimum Advertised Price) agreement. This means that such products will have an asterix placed near them and will have two prices affixed to them. The first price is the wholesale cost, while the second price is the MAP. All retailers must not display such products to their customers at any price below the MAP.
You have the responsibility of verifying all details associated with a product before you place your order, including pricing, handling, and shipping. You also have the responsibility of ensuring that the information you provide at the time that you place any order is accurate.
You bear all risks associated with any mistakes made by you when you place your orders.
ORDER CANCELLATIONS OR CHANGES
It is not easy to make changes to orders after you have submitted them. However, if you are able to contact Obor Desk Limited’s customer support using the online form just after placing the order, we may (but are not obligated to) change or cancel your order.
All successfully cancelled orders attract a cancellation fee.
You understand and accept that Obor Desk will not be responsible for any damage or loss associated with any order change or cancellation request.
We offer shipping services, but only to residential ship-to addresses. This means that we will not process any orders that have FPO, APO, or P.O. Box shipping addresses.
Additionally, you accept that we have the right to cancel all orders to shipping addresses not supported by our distributors.
SHIPPING FEES AND HANDLING CHARGES
All handling charges and shipping fees for products purchased from Obor Desk will be borne by users, except expressly specified otherwise. Furthermore, all associated costs as per refused or returned shipments for any reason not caused by the supplier (including without limitation customs charges and import duties) shall also be borne by users.
All unusually heavy or large products that require a custom shipping fee calculation from Obor Desk Limited will not be shipped until you have paid such custom shipping fees.
To help our users, we may publish the shipping weights of items, but only where we have received such product information from the Supplier. You are not to use the availability or unavailability of shipping weights to determine shipping costs and your duty to pay any related shipping costs. Only the shipping fees displayed on your shopping cart is final and is the only one you may use to determine the cost of your shipping.
RESHIPMENT AND REFUND POLICY
We may offer reshipment or a refund for orders for the following reasons:
Where we send your customer an incorrect product;
Where the product sustained damage during transportation;
If the product got lost during transit;
A late shipment I.e., where an order does not arrive after 30 days of being ordered, and the customer requests a refund;
A missing order i.e., where your customer claims that the order didn’t arrive, but such an order is marked as delivered according to its tracking code update.
SUBMITTING A REFUND OR RESHIPMENT REQUEST
All resellers and retailers are welcome to submit refund or reshipment requests to Obor Desk Limited after five days from the time the order was marked as delivered.
To begin the process, please contact us through the chat box in your Obor Desk account.
As per your specific claim, we will ask you to provide the information as explained below:
Where we send your customer an incorrect product: Video or photo of the incorrectly delivered product and the tracking code.
Where the product sustained damage during transportation: Clear videos or photos showing the damage and the tracking code.
A late shipment I.e. where an order does not arrive after 30 days of being ordered, and the customer requests a refund: The tracking code, order number, and a proof that the you have refunded the customer.
A missing order i.e. where your customer claims that the order didn’t arrive, but such an order is marked as delivered according to its tracking code update: The tracking code, order number, and proof that you have refunded the customer.
Please note that we may also ask for supplementary information which you must make available to us within two business days, and your failure to provide us with such requested information may lead to your claim being disregarded. We will review your request, and if your request is approved, we may either arrange for reshipment or issue a refund.
Approved reshipment claims: Where we approve your claims and decide to send you a reshipment, we will process your order within two business days. Obor Desk will use its sole discretion to choose the shipping option, and this may be different from your original shipping option. We will then provide you with a tracking code for the reshipped order.
Approved refund claims: Where we approve your claims and decide to send you a refund, we will process your refund within two business days. We will refund the money to the original payment method used at the time of the order. You, however, understand that it may take a few days for the refund to show in your account balance. You also understand that you will be liable for all transaction fees associated with the refund.
DELAYS CAUSED BY YOU
You understand that we will under no circumstances be liable for any delivery failures or shipping delays caused by your provision of an incorrect phone number, incorrect shipping address, or other similar factors.
Obor Desk will not be liable for any shipment issues arising as a result of a force majeure event.
We do not offer any warranties, apart from the manufacturer’s warranty. You must, therefore, direct all questions and claims regarding product warranty to the manufacturer or supplier.
Where we provide any information as per any health supplement, medical equipment, or similar product on the website, you understand that the information is provided for general information purposes only. The information so provided should not be taken by you or your customer to replace any medical diagnosis, recommendation, or advice. Any claims or statements on the platform as per any dietary supplements have not been evaluated by any governmental institution licensed to evaluate such. You must, therefore, never rely on any information provided on the platform as per your heath decisions or the health decisions of your customer.
We will under no circumstances be responsible or answerable for any effects of any heath product or medical equipment on any user.
LEGALITY OF PRODUCTS
It is your responsibility, and not ours, to determine the legality and to investigate the legal implication of any product that you order from the website.
While we always do our best to ensure to avoid suppliers that sell products that are illegal in some jurisdictions or that breach any existing intellectual property rights, you accept that you have the responsibility of ascertaining that your ordered product does not break any law in your jurisdiction or the jurisdiction you want us to ship it to and that it does not infringe any third-party’s Intellectual Property rights.
Obor Desk will never be responsible to you for any liability arising from any illegal products or actions of any Supplier on the Platform.
It is also important that you familiarise yourself with all relevant policies of any third-party marketplace or online auction platform that you choose to sell your products through to ensure that such a platform does not prohibit your product.
Obor Desk continuously works on and develops trade secrets, proprietary techniques, and other information that is considered confidential. We define confidential information as any information that Obor Desk discloses to you as well as information that comes into your possession during your use of our services.
Where you come in contact with such confidential information when you use our website or in any way during the course of our relationship, you agree to retain all such confidential information in confidence. You may not, under any circumstances, share this information with third parties without our written permission, which we may withhold without any reason.
You will at all times limit any information that we make available to you (even when it is not confidential) to third parties, and you must release our confidential information only on a need to know basis.
This provision shall survive the termination of this Agreement.
Where we have provided you with certain Supplier information such as Supplier’s trade name, products(s), pricing, specifications, and availability, you may not use such details to attempt to directly contact the Supplier. All requests for additional information or additional Supplier services must be made through us by filling out our support form, and we will do our best to forward your request to the Supplier.
You may not use our provided service to conduct any unlawful activity or run an illegal business. You must use the platform in full compliance with the laws of your jurisdiction as well as the laws of the jurisdiction in which your customers are located.
We will immediately suspend or terminate your use of this platform if we find that you have breached this website without any refunds for the remaining subscription period.
We have done all we can to eliminate inaccuracies and errors in any information that we have provided on the platform. You, however, understand that human errors may still occur despite our care. This is why we do not offer any guarantees as per the accuracy or completeness of any information that we make available on the website.
You accept that we have provided product images only for illustrative purposes. You also accept that there may be differences in colour based on studio lighting during product shoot and different digital screens.
You accept that all product information are as provided by the suppliers, and we do not warrant the such information (including but not limited to pricing, specifications, and descriptions) is legal or accurate.
We fully disclaim all warranties as per information accuracy, whether direct or implied, and we will not be responsible for any damages or losses suffered by any user in dependence on any information.
LIMITATION OF LIABILITY
Under no circumstances shall Obor Desk, its affiliates and their managers, shareholders, officers, staff, and agents be responsible for any losses, including the loss of procurement costs, opportunity, replacement costs, or profits that any one suffers in their use of the website, or arising from their use of products procured from the website.
Under no circumstances will our total liability to any user exceed the greater of $50 or the subscription fees paid by you in the month when the dispute occurred.
Obor Desk does not represent that our products will be available in all geographic locations.
This limitation of liability shall be apply to the maximum extent permitted in law.
You consent to underwrite, defend, and release Obor Desk, its associates, holdings, shareholders and staff as innocent against any losses, damages, charges, liabilities, claims, and expenses, including, but not limited to sensible accounting and legal fees that may arise out of your breach of these terms, your wilful misconduct, you gross negligence, or your infringement of any third-party’s rights.
NO JOINT VENTURE OR PARTNERSHIP
You may not take this agreement to have created a partnership, employment, agency, or joint venture relationship between you and Obor Desk. Our relationship shall remain that of independent contractors. You are fully responsible for the payment of your tax liabilities and compliance with applicable laws.
NO CLASS ACTION
None of the parties to this agreement is allowed to bring any action against the other in any class action as a class member. All claims against Obor Desk must be brought on an individual basis.
The jurisdiction for the interpretation of these terms and conditions Hong Kong SAR, and we both consent to the exclusive jurisdiction of Hong Kong SAR’s law court.
Obor Desk has the authority to suspend a user’s access to the website or to terminate any user account if we find that you have breached any condition of this agreement if you engage in harmful conduct on the platform, or we decide to discontinue the service.
You will be unable to login to your account once we terminate your account. Any account termination will not release you from any outstanding payment obligations that you have to Obor Desk.
We may elect to delete all data associated with canceled, expired, or suspended accounts. You, therefore, have the responsibility of maintaining backups of your data that you wish to access in the future.