Terms of service
HyperScale Limited
1. Introduction
1.1 These Terms and Conditions apply to the use of our website or the purchase of products offered through our website.
1.2 Defined terms and interpretations for these Terms and Conditions are listed in section 26.
2. Acceptance
2.1 You represent and warrant that:
(a) You are a natural person and at least 18 years old;
(b) You have the authority to enter into a legally binding contract with us; and
(c) You are not prohibited by applicable laws or agreements from entering into a legally binding contract with us.
2.2 We reserve the right to request written confirmation of your authority to agree to these Terms.
2.3 You represent and warrant that you have not:
(a) Been convicted of a computer- or internet-related crime; and
(b) Previously been denied products or access to the website.
2.4 We reserve the right to deny you access to our website if we deem such denial necessary or appropriate.
2.5 Placing an order signifies:
(a) Your representation and warranty that you have carefully and fully read these Terms and Conditions;
(b) Your offer to purchase the order solely under these Terms;
(c) Your agreement that any order confirmation is based exclusively on these Terms; and
(d) Your commitment to comply with these Terms and Conditions.
2.6 If you do not agree with these Terms, you must not use the website or purchase products.
2.7 You must explicitly agree to these Terms to:
(a) Submit information to or via our website; or
(b) Purchase a product.
2.8 By visiting our website, purchasing products, or agreeing to these Terms:
(a) You also agree to our Privacy Policy, and
(b) You agree to and undertake to comply with our Acceptable Use Policy (see section 12 below for details).
2.9 We recommend printing a copy of these Terms for future reference.
2.10 If you do not agree to these Terms, you cannot place an order or communicate with us.
3. Personal Use
You confirm that you will use the website to purchase products solely for your own personal, non-commercial use, as the principal and not as an agent or on behalf of another person.
4. Price
4.1 Product prices listed on our website include delivery costs but exclude all duties, taxes, tariffs, levies, or similar governmental charges ("duty unpaid and untaxed").
4.2 All customs duties, fees, taxes, tariffs, or other governmental charges and declarations for the import of products to the delivery address are your responsibility and not included in the product price. Additional costs may apply, including shipping, customs duties, or import VAT, as the goods are shipped from a non-EU country (China). Whether a product is subject to duties must be clarified with our customer support before placing an order. Duties or import VAT are not paid by us and must be borne by the buyer. Our goods are always shipped "duty unpaid and untaxed." The buyer is the "importer of record" and responsible for proper payment of duties and/or import taxes, complying with all laws and regulations of the importing country. Please check your country's customs duties and import VAT before placing an order.
4.3 We strive to ensure that all details, descriptions, and prices of products on our website are accurate. However, errors may occur. If we discover a pricing error, we will notify you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we cannot contact you or do not receive a response, the order will be treated as canceled, and you will receive a full refund.
4.4 We are not obligated to fulfill an order if the price listed on the website is incorrect (even after you have received an order confirmation).
4.5 Prices may change from time to time, but such changes do not affect orders for which an order confirmation has been sent.
5. Placing an Order
5.1 After placing an order, all orders are subject to stock availability. If we have sufficient stock to fulfill your order, you will receive an order confirmation acknowledging receipt of your order. If stock is unavailable, we will notify you by email and refund any payments made.
5.2 A contract is formed only when we issue an order confirmation, and only for the product(s) listed in the order confirmation. These Terms form part of the contract and exclude all other terms.
5.3 If your order consists of multiple products, they may be delivered in separate shipments at different times.
5.4 We reserve the right to remove products from the website at any time and to edit or remove materials or content from the website. We are not liable to you or any third party for removing a product from our website or editing or removing content.
5.5 We reserve the right to reject or cancel any order at any time (even after sending an order confirmation). We are not liable to you or any third party for such cancellation or rejection.
5.6 If we cancel your order after receiving payment (even after sending an order confirmation), you will receive a full refund.
6. Payment
6.1 You can pay for products using one of the payment providers listed on our website.
6.2 You can also pay for your order in part or in full using a promotional voucher provided by us. Promotional vouchers can only be applied online at checkout.
6.3 We may use third-party payment providers to process payments between you and us. You agree that we may share documents and information about you with these payment providers, including personal data.
6.4 We are not a regulated payment processor or money service provider and are not responsible for payment failures or issues caused by payment providers.
6.5 You are responsible for providing accurate payment details, and all payments must be made with your own funds. By placing an order, you confirm that:
(a) The payment method used is owned by you;
(b) If applicable, you are the rightful holder of the promotional voucher; and
(c) You have sufficient funds or credit to pay for the order.
6.6 We are not liable for unauthorized use of your credit, debit, or prepaid cards by third parties, even if these cards have been reported stolen. We reserve the right to report any fraudulent payment or unlawful activity to the relevant authorities (including credit agencies).
6.7 You must not:
(a) Initiate chargebacks on payments made for products; or
(b) Reverse payments made for products.
6.8 You agree to indemnify us fully for any chargebacks or payment reversals you initiate, including any associated losses, costs, liabilities, or expenses incurred by us.
7. Delivery
7.1 We will attempt to deliver your order to the delivery address provided at the time of ordering.
7.2 At checkout, we will provide an estimated delivery date for your order.
7.3 We will notify you if we anticipate not meeting the estimated delivery date, but we are not liable for any loss, liability, costs, damages, charges, or expenses arising from delayed delivery, to the extent permitted by law.
7.4 We may be unable to deliver products to certain locations. If this occurs, we will notify you and either cancel and refund the order or arrange delivery to an alternate address confirmed by you.
7.5 Risk for the product transfers to you upon delivery to the delivery address unless delivery is delayed due to your breach of these Terms. In such cases, the risk transfers at the time delivery would have occurred without your breach.
7.6 If you are unable to accept delivery or collection of your order, we may leave a card with instructions for re-delivery or collection from the carrier.
7.7 If delivery or collection is delayed due to your unreasonable refusal to accept delivery or failure to collect the order, we may charge you for all reasonable costs incurred in returning the order, without prejudice to our other rights or remedies.
7.8 Orders will be shipped within 2-20 days after payment confirmation. Standard delivery time is 7-12 working days, but in exceptional cases, it may take up to 4 weeks, unless otherwise specified in the product description. Orders are shipped from the manufacturer, not directly by us, once all items are in stock.
7.9 All customs duties, fees, taxes, and import declarations for delivery to your address are your responsibility and not included in the product price. Additional costs, such as customs duties or import VAT, may apply. Our goods are shipped "duty unpaid and untaxed." The buyer is the "importer of record" and responsible for compliance with all import laws and regulations.
8. Canceling or Changing Orders
8.1 After placing an order, you can cancel or change it by emailing us.
8.2 Once an order has been packed, it can no longer be canceled or changed; instead, the order must be returned according to section 10. If the goods are already en route, cancellation is not possible. You must wait to receive the goods before returning them. Refunds before receipt of goods are only possible after 16 weeks if the goods have not arrived.
8.3 As our system processes orders automatically, the shipping process cannot be interrupted once initiated. Refunds before receipt are only possible within 24 hours of placing the order.
9. Faulty Products
9.1 Products are standard items and not custom-made to meet your specific requirements.
9.2 Product descriptions, information, and materials on the website are provided "as is," without warranties, express or implied.
9.3 Images of products may differ slightly from the actual product you receive.
9.4 If the product you receive is faulty, email us with details and include a picture of the faulty product.
9.5 You may return the product in accordance with section 10.
9.6 Upon receipt, we will inspect the product. Processing times depend on the order.
9.7 If we confirm the product is faulty, we will notify you via email.
9.8 Our sole obligation for faulty products is, at our discretion, to:
(a) Replace the product and cover delivery costs for returning the faulty product and delivering a replacement; or
(b) Refund the product's price and the return shipping cost, using the same payment method as the original order.
9.9 If we determine the product is not faulty, we may decide, at our discretion, not to refund the purchase price. You may also be charged for reasonable service fees.
10. Returns and Refunds
10.1 Our return policy is part of these Terms and applies to your use of the website and products purchased.
10.2 If you are not completely satisfied with your order, email us and return the product. The cancellation period is 30 days from the day you or a third party designated by you (other than the carrier) receives the last item.
10.3 Return costs are your responsibility.
10.4 The product must be returned to us to be eligible for a refund. Returned products will be inspected upon receipt.
10.5 The product must be returned in the same condition in which it was received, unused, with all tags intact, and in its original packaging. We reserve the right to reject returns of products in unsuitable condition.
10.6 Refunds will be issued shortly after return approval via the same payment method used for the order.
10.7 Refunds are finalized once the returned goods are physically received by us.
10.8 If goods are already in transit, cancellation is not possible. You must wait for delivery and return the goods. Refunds prior to return are not possible.
11. Vouchers
11.1 You may use promotional vouchers or discounts when making payment for products on the website.
11.2 To redeem a voucher or apply a discount, the voucher or discount code must be entered on the checkout page during your order.
11.3 Once entered and applied, the voucher or discount will be reflected in the total amount at checkout.
11.4 Only one promotional voucher or discount can be redeemed per order.
11.5 Promotional voucher credits are not interest-bearing and have no cash value.
11.6 If the balance of a promotional voucher is insufficient for your order, you may pay the difference using another payment method available on the website.
11.7 If you use a promotional voucher for an order that is subsequently returned, the value of the voucher will not be refunded. However, any portion paid using a separate payment method may be refunded.
12. Acceptable Use
12.1 You must not ("Prohibited Actions"):
(a) Use our website in a way that damages, impairs, or affects its performance, availability, or accessibility;
(b) Use our website for unlawful, illegal, fraudulent, or harmful purposes, or in connection with such purposes;
(c) Use our website to host or distribute malicious software (e.g., spyware, viruses, Trojan horses, worms, or rootkits);
(d) Perform systematic or automated data collection (e.g., scraping, data mining, or harvesting) without our express written consent;
(e) Access our website using automated tools such as bots or spiders;
(f) Violate guidelines specified in the robots.txt file for our website;
(g) Use data collected from our website for direct marketing purposes (e.g., email marketing, SMS marketing, or telemarketing);
(h) Use data collected from our website to contact individuals, companies, or other entities;
(i) Interact with devices through the website unless expressly authorized to do so;
(j) Exploit the website’s infrastructure for hacking, denial-of-service attacks, or other malicious activities;
(k) Copy, modify, reverse-engineer, or attempt to derive the website's source code;
(l) Use the website to create a competing product or service, or to conduct benchmarking or comparison studies;
(m) Sell, sublicense, transfer, or distribute access to the website;
(n) Make any unauthorized requests or place fraudulent orders; or
(o) Use the website in a manner prohibited by applicable laws or regulations.
12.2 You agree to indemnify us for any damages, losses, liabilities, or expenses arising from or in connection with any Prohibited Actions.
12.3 You must ensure that all information provided to us via the website is accurate, current, complete, and not misleading.
12.4 You will promptly provide documents or information we request to verify your identity.
13. Linking to the Website
13.1 Links from our website to third-party sites or resources are provided for information purposes only. They do not constitute endorsements or approvals by us.
13.2 We have no control over the content of third-party sites or resources linked from our website.
13.3 You may link to our homepage, provided it is done in a fair and lawful manner that does not harm our reputation.
13.4 You must not establish a link that suggests any form of association, approval, or endorsement on our part where none exists.
13.5 You must not frame our website or create a link to any part of our website other than the homepage.
13.6 We reserve the right to withdraw linking permissions without notice.
14. Intellectual Property Rights
14.1 The code, structure, and organization of the website are protected by intellectual property laws.
14.2 We own or license all intellectual property rights in the website and its content, which is protected by global laws. All rights are reserved.
14.3 You may only use website content for personal, non-commercial purposes in accordance with these Terms.
14.4 You must notify us of any suspected infringement of our intellectual property rights.
15. Privacy
15.1 Our Privacy Policy is part of these Terms and governs the collection and use of personal data.
15.2 By accepting these Terms, you consent to our use of cookies as described in our Privacy Policy.
15.3 We will process your personal data in accordance with our Privacy Policy and take reasonable measures to protect it against unauthorized access or loss.
16. Viruses
16.1 We do not guarantee that the website is secure or free from viruses.
16.2 You are responsible for using appropriate anti-virus software.
16.3 You must not introduce malicious software (e.g., viruses or worms) or attempt unauthorized access to the website.
16.4 We may report such violations to law enforcement if required by applicable law.
17. Liability
17.1 We are not liable for:
(a) Third-party content or user content;
(b) Product descriptions, specifications, or suitability for a particular purpose;
(c) Any losses resulting from reliance on website content or functionality;
(d) Delays or failure to perform due to circumstances beyond our control (e.g., natural disasters, labor strikes, or technical failures).
17.2 To the extent permitted by law, we are not liable for indirect, special, or consequential damages (e.g., lost profits or business opportunities).
17.3 Our maximum liability to you is limited to the higher of $1,000 or five times the price paid for the relevant products.
17.4 Claims must be brought within one year of the event causing the loss.
18. Indemnification
18.1 You agree to indemnify and hold us harmless against all claims, losses, and expenses arising from:
(a) Your breach of these Terms;
(b) Fraud, negligence, or misconduct; or
(c) Your use of the website.
19. Force Majeure
19.1 If a force majeure event persists for more than one week, we may terminate these Terms without liability other than refunding payments for undelivered products.
20. Changes to Terms
20.1 We may revise these Terms from time to time. Material changes will be communicated to you in advance.
21. Your Breach
21.1 If you breach these Terms, we may take action, including issuing warnings, suspending access, canceling orders, or pursuing legal action.
22. Termination
22.1 You may stop using the website at any time.
22.2 We may suspend or terminate your access to the website for any reason.
23. Governing Law
23.1 These Terms are governed by the laws of Hong Kong. Disputes will be resolved through arbitration in Hong Kong under English law.