“Seller” means Topping Lab Creative Limited 

“Buyer” means the person whose name is printed on the Order.

“Contract” means the order and Order Confirmation (incorporating any Special Conditions)

“Faulty” means containing a fault or defect; imperfect or defective. 

“Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business. 

“Order” means the Buyer’s order for Goods or services. 

“Order Confirmation” means the Seller’s written Confirmation pursuant to Condition 3(b). 

“Price” means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable. 

“Person” means any person, firm, or company. 

“Special Conditions” are any conditions in relation to orders set out and designated as such in the Order Confirmation. 

“Terms and Conditions of Business” means the standard terms and conditions of business set out in this document. 

“Writing” includes, other than for the purpose of Condition 9, an email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar devices.

A. These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of the order, or other document.

B. Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorized representatives of the Seller and the Buyer.

C. The Seller’s employees are not authorized to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting the delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.

A. This website is owned by the Seller and operated by Topping Lab. Unless otherwise noted on this website, Topping Lab owns the copyright with respect to all content on the website. Content includes text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of Topping Lab’s copyright. Additionally, the Topping Lab website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

B. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of Topping Lab or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.

C. The Topping Lab logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller in various jurisdictions, including the USA and European Union. Topping Lab ‘s graphics, logos, page headers, button icons, scripts, and service names are the trademarks or trade dress of Topping Lab. Topping Lab’s trademarks and trade dress may not be used in connection with any product or service that is not Topping Lab’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Topping Lab. All other trademarks not owned by Topping Lab that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Topping Lab.

D. The Buyer agrees that as an express condition of the holding of an account with the Seller, the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.

E. Copyright complaints by third parties

Topping Lab respects the intellectual property of others. If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide Topping Lab’s copyright agent with the following information:

1. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed; the place where the material that you claim is infringing is located on the Topping Lab website;

3. Your address, telephone number, and email address;

4. A statement that your claim of infringement is based on a good-faith belief;

5. A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

A. Notice

1. Any notice given or made under the Contract must be in writing (other than writing on the screen of a visual display unit or other similar devices, which shall not be treated as writing for the purposes of this Condition).

2. A notice served on the Seller will be addressed as provided in Condition 3(e) and on the Buyer at the address stated on the Order, and if so addressed, will be deemed to have been duly given or made as follows:

* if sent by personal delivery, upon delivery at the address of the relevant party; or

* if sent by first class post, two clear business days after the date of posting.

3. The Seller and the Buyer may notify each other of a change in their name, relevant addressee, and address for the purpose of this Condition and this notification will only be effective on:

* the date specified as the date on which the change is to take place; or

* if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.

4. This Condition will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.

B. Governing law and jurisdiction
(i) The Contract shall be governed by and construed in accordance with Hong Kong law.
(ii) The parties irrevocably agree that the courts of Hong Kong are to have non-exclusive jurisdiction to settle any disputes which may arise in connection with the Contract.

C. Waiver

If the Seller does not exercise a right or power when it is able to do so this will not prevent it from exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.

D. Statutory Rights

The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.

E. Severability

If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.

F. Website Availability

Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the Topping Lab website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.

G. Typographical Errors

Information on Topping Lab website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible but does not warrant that the content of the Topping Lab website is accurate, complete, reliable, current, or error-free.

H. Licence

The Seller grants to the Buyer a personal, non-exclusive, and non-transferable right to access and use the content on the Topping Lab website. All use must be in accordance with all Topping Lab stated policies, including those in the Topping Lab Privacy Policy.

I. Off-Site Links

A link to a non-Topping Lab website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

J. Headings

All Conditions and section headings are for the convenience of reference only and shall not affect the interpretation of the Contract.

K. User Registration, eligibility, and account activity

In registering for a Topping Lab user name, the Buyer acknowledges and represents that he/she is an individual of at least 13 years of age who can form legally binding contracts under applicable law. The Buyer agrees to keep the user name and password confidential. The Buyer further guarantees that the information supplied to the Topping Lab website is accurate. Falsifying or omitting contact information such as a member’s name, address, and/or telephone number when registering with Topping Lab is not permitted. Users are also not permitted to use fax or disconnected numbers as telephone numbers. When using this website the Buyer must obey all applicable international, federal, state, and local laws.

L. User Suspension and/or Termination

The Seller, in its sole discretion, may terminate the Buyer’s user registration for violating Topping Lab Policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.

M. Seller’s right of removal of materials

The Seller reserves the right at any time with or without the Buyer’ s prior consent and without liability to the Buyer in that regard to delete from the Topping Lab website all personal information, data, text, files, images, and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any materials which, at the Seller’s sole discretion, it considers to be obscene, in bad taste, or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).

N. Buyer indemnification of Topping Lab

The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives, and third-party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from the Buyer’s submissions to the Topping Lab website, and/or from the Buyer’s unauthorised use of material obtained through the Topping Lab website, and/or from the Buyer’s breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer’s use of the Topping Lab website.

O. Seller’s right of change and amendment

The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides its services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller s services on a regular basis should check the relevant links regularly before placing Orders.