T&C

We are Ghongha Ltd, a company registered in England and Wales under company number 09664163. Our VAT number is GB 228 0967 90.

Please read these Terms and Conditions of Use and our Privacy Policy carefully and make sure that you understand them before ordering any products from our website. Please note that before placing an order you will be asked to agree to these Terms and Conditions. By using this website and placing an order with us you confirm your acceptance of these Terms and Conditions of Use and our Privacy Policy.

Terms and conditions of use

1. Introduction
1.1 Welcome to ghongha.com. This page tells you the legal terms and conditions (“Terms”) on which we sell any products on the Website (“Products”) to you. Please note these Terms only apply to the purchase of Products on the Website. Purchase of Ghongha’s products from any other source will be governed by the terms and conditions applicable at the relevant source. Please note that promotions and offers available for purchases on the Website may not be available for purchases through other sources and vice versa.

1.2 These terms and conditions shall govern your use of ghongha.com.

1.3 By using ghongha.com, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use ghongha.com.

1.4 You must be at least 16 years of age and possess a valid credit or debit card issued by a bank acceptable to us to use ghongha.com; and by using ghongha.com or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age and possess a valid credit or debit card issued by a bank acceptable to us.

1.5 Ghongha.com uses cookies; by using ghongha.com or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Copyright Notice
2.1 Copyright (c) 2015 Ghongha.

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in ghongha.com and the material on ghongha.com; and

(b) all the copyright and other intellectual property rights in ghongha.com and the material on ghongha.com are reserved.

2.3 You agree that the Website and content is protected by applicable intellectual property and other laws, including but not limited to copyrights and trademark laws. Ghongha is a registered trademark.

2.4 This site may contain third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Ghongha Ltd and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Ghongha Ltd.

3. License to Use

3.1 You may:

(a) view pages from ghongha.com in a web browser;

(b) download pages from ghongha.com for caching in a web browser;

(d) stream audio and video files from ghongha.com; and

(e) use ghongha.com services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from ghongha.com or save any such material to your computer.

3.3 You may only use ghongha.com for your own personal and business purposes, and you must not use ghongha.com for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on ghongha.com.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from ghongha.com (including republication on another website);

(b) sell, rent or sub-license material from ghongha.com;

(d) exploit material from ghongha.com for a commercial purpose; or

(e) redistribute material from ghongha.com.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 Ghongha reserve the right to restrict access to areas of ghongha.com, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on ghongha.com.

4. Acceptable Use

4.1 You must not:

(a) use ghongha.com in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use ghongha.com in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use ghongha.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to ghongha.com without our express written consent;

(e) access or otherwise interact with ghongha.com using any robot, spider or other automated means;

(f) violate the directives set out in the robots.txt file for ghongha.com; or

(g) use data collected from ghongha.com for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from ghongha.com to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through ghongha.com, or in relation to ghongha.com, is true, accurate, current, complete and non-misleading.
5. Contract Orders

5.1 In order to contract with us you must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Ghongha Ltd retains the right to refuse any request made by you. Our Website will take you through the steps in the process of placing a pre order with us. Our order process allows you to check and amend any errors before submitting your pre order.

5.2 The ordering process will direct you to make payments through PayPal. On our checkout page you will be redirected to PayPal’s payment website by clicking “Proceed to PayPal”. After you have been redirected you have the possibility to cancel your payment by clicking “Cancel and return to Ghongha Ltd”. You will have the possibility to pay with the following credit or debit cards: MasterCard and Visa credit cards, Maestro, Delta, Discover, Eurocard or Electron debit cards, American Express charge cards and your personal PayPal account.

5.2.2 The ordering process can also be through payment system STRIPE. On our checkout page, by clicking “Pay with Stripe” an additional window will open for you to apply your payment details.

5.3 After you place an order by clicking “Pay”, you will receive an e-mail from us acknowledging that we have received your order. As soon as your order has been dispatched we will send you an email to confirm your order.

5.4 We reserve the right to refuse an order if the Product you have ordered is unavailable or out of stock or if we are unable to get an authorization of your payment. This will be informed to you by email and if you paid for the product you will receive a refund for the full amount.

5.5 When an order has been placed by you this will be confirmed by email. When payment has been confirmed the contract between us and you has been formed.

6. Contract Pre Orders

6.1 All products available for pre order will have a “PRE ORDER” button displayed on their product page. When placing a pre order you will be informed about the pre order date for delivery. When proceeding to payment you thereby confirm and accept the delivery date. Ghongha Ltd reserves the right to whenever needed change the dispatch and delivery date of all pre order products.

6.2 The ordering process will direct you to make payments through PayPal. On our checkout page you will be redirected to PayPal’s payment website by clicking “Proceed to PayPal”. After you have been redirected you have the possibility to cancel your payment by clicking “Cancel and return to Ghongha Ltd”. You will have the possibility to pay with the following credit or debit cards: MasterCard and Visa credit cards, Maestro, Delta, Discover, EuroCard or Electron debit cards, American Express charge cards and your personal PayPal account.

6.2.2 The ordering process can also be through payment system STRIPE. On our checkout page, by clicking “Pay with Stripe” an additional window will open for you to apply your payment details.

6.3 After you place a pre order by clicking “Pay”, you will receive an e-mail from us acknowledging that we have received your pre order. As soon as your order has been despatched we will send you an email to confirm your order.

6.4 We reserve the right to refuse a pre order if the Product you have ordered is unavailable for pre order or out of stock or if we are unable to get an authorisation of your payment. This will be informed to you by email and if you paid for the product you will receive a refund for the full amount.

6.5 When a pre order has been placed by you this will be confirmed by email. When payment has been confirmed the contract between us and you has been formed. By forming this contract with us you are also giving Ghongha the right to display all products on the website as digital images. We reserve ourselves the right to use digital images for the Ghongha bottle design. Therefor the colours and material from the digital images may not correspond 100% on the produced product. By forming this contract you are aware of the possibility of slight changes on colours used for design.

7. Payments

7.1 By ordering or pre ordering products, you are authorising the Website to charge you through the payment methods at the time you place an order or a pre order. You will be charged the full Price of the Products at the time of placing the order or Pre-Order.

7.2 You can pay for Products on the website using PayPal or STRIPE. The following payment options are available: MasterCard and Visa credit cards, Maestro, Delta, Discover, Eurocard or Electron debit cards, American Express charge cards and your personal PayPal account.

7.3 All Products will be dispatched at the planned order or pre order date for delivery when pre-authorisation check has been completed. The products you ordered remain our property until we have received full payment from you.
8. Delivery

8.1 Ghongha’s delivery options will vary depending where you place your order from. Delivery charges will be applied in addition to this. All products are shipped with Royal Mail or Postnord. You can usually expect orders to arrive within 2-9 business days for EU orders and 1-2 weeks for US orders after the confirmed delivery date for orders and pre orders. Arrival time for your order depends on the time of day that you place your order and the address you are shipping to.

8.2 Please provide us with the correct delivery address information. We would need full name and address of the recipient for the order; if incorrect we cannot be liable for orders incorrectly delivered as a result of you supplying us with inaccurate information.

8.3 We will do our best to despatch you order within 1-2 business days after the confirmed order. However, delays are occasionally inevitable due to event outside of our control.

8.4 Please note that in addition to the Items and delivery charges we apply to your order, you may also be required by your country of residence to pay import duties and taxes. Please contact your local customs office for further information so that you are sure about the applicable duties and taxes before you place your order. We are not responsible for payment of such duties and taxes and in the event that you refuse to pay such duties and taxes and the order is returned to us, we will require you to pay any costs that we have incurred as a consequence.

9. Returns

9.1 We want to make sure you are 100% happy with your purchase. You may cancel your order and pre-order any time prior to the dispatch date. If you for some reason would like to return your product after your received it you could do so within 14 days of the delivery date. The returned products needs to be unused and in the original packing. Unfortunately we do not cover shipping charges. We are not responsible for lost returns, therefor we recommend using a traceable shipping service. If you want to return your products you should email us on help@ghongha.co.uk

10. Limited Warranties

10.1 Ghongha does not warrant or represent:

(a) the completeness or accuracy of the information published on ghongha.com;

(b) that the material on the website is up to date; or

10.2 Ghongha reserve the right to discontinue or alter any or all of ghongha.com services, and to stop publishing ghongha.com, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if Ghongha stop publishing the website.

10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, Ghongha exclude all representations and warranties relating to the subject matter of these terms and conditions, ghongha.com and the use of ghongha.com.

10.4 Ghongha products are warranted against all manufacturers’ defects for one year with proof of purchase. We do not warrant the products against normal wear and tear. If you alter, misuse or abuse the product the warranty will no longer be valid. Examples of this is heating, freezing, microwaving or removing the silicone sleeve from the Ghongha bottle. Ghongha makes no other warranties then above stated.

11. Limitations And Exclusions Of Liability

11.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

(a) are subject to Section 11.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

11.3 To the extent that ghongha.com and the information and services on ghongha.com, Ghongha will not be liable for any loss or damage of any nature.

11.4 Ghongha will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.5 Ghongha will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.6 Ghongha will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7 Ghongha will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8 You accept that Ghongha have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that Ghongha are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

11.9 In no event shall Ghongha’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of your order. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. This does not affect Ghongha Ltd.’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

12. Breaches Of These Terms And Conditions

12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if Ghongha reasonably suspect that you have breached these terms and conditions in any way, Ghongha may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to ghongha.com;

(d) block computers using your IP address from accessing ghongha.com;

(e) contact any or all your internet service providers and request that they block your access to ghongha.com;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on ghongha.com.

12.2 Where Ghongha suspend or prohibit or block your access to ghongha.com or a part of ghongha.com, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13. Variation

13.1 Ghongha may revise these terms and conditions from time to time.

13.2 The revised terms and conditions shall apply to the use of ghongha.com from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / By using the Website, you are agreeing to all of the Terms, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms.

if you do not agree to the revised terms and conditions, you must stop using ghongha.com.

13.3 If you have given your express agreement to these terms and conditions, Ghongha will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as Ghongha may specify, Ghongha will disable or delete your account on the website, and you must stop using the website.

14. Assignment

14.1 You hereby agree that Ghongha may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15. Severability

15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Linking To This Website

16.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

17. Third Party Rights

17.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

18. Entire Agreement

18.1 Subject to Section 11.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of ghongha.com and shall supersede all previous agreements between you and us in relation to your use of ghongha.com.

19. Law And Jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with English law.

19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

20. Statutory And Regulatory Disclosures

20.1 Our VAT number is GB228 0967 90. All prices displayed on our website are inclusive 20% VAT.

21. Our Details

21.1 This website is owned and operated by Ghongha LTD.

21.2 Ghongha is registered in England and Wales under registration number 09664163.

21.3 Our principal place of business is at London, UK.

21.4 You can contact ghongha.com by email on hello@ghongha.co.uk.