Terms and Conditions

1.           INTRODUCTION

1.1 Welcome to the Wing Sing Gallery platform (the “Site”). Please read the following Terms and Conditions carefully before using this Site so that you are aware of your legal rights and obligations with respect to Wing Sing Gallery and its affiliates and subsidiaries. The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and (c) all information, linked pages, features, data, text, images, photographs, graphics, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms and Conditions . These Terms and Conditions govern your use of Services provided by Wing Sing Gallery.

1.2   Wing Sing Gallery reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services or Terms and Conditions at any time. Wing Sing Gallery may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Wing Sing Gallery may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

BY USING WING SING GALLERY SERVICES, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO USE THIS SERVICE AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT USE THIS SERVICE UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS USING THIS SERVICE, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE SERVICES

2.       PRIVACY

2.1     Your privacy is very important to us at Wing Sing Gallery. By using the Services or providing information on the Site, you:

(i)       consent to Wing Sing Gallery’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;

(ii)      agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Wing Sing Gallery; and

(iii)     shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Wing Sing Gallery’s prior written consent.

2.2     Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

3.       LIMITED LICENSE

3.1     Wing Sing Gallery grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms and Conditions. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Wing Sing Gallery and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.2    You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Wing Sing Gallery. You acknowledge that Wing Sing Gallery may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

4.           PURCHASE AND PAYMENT

4.1        Wing Sing Gallery supports one or more of the following payment methods operates in:

(i)           Credit Card

Card payments are processed through third-party payment channels (Paypal) and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. 4% of service charge will be charged if user select card payment.

(ii)         Direct Bank Transfer

Buyer may make payments through an internet bank transfer (“Bank Transfer”) to our designated Wing Sing Gallery Guarantee Account. Buyer must provide Wing Sing Gallery with the transfer receipt or payment transaction reference for verification purposes through replying email as payment confirmation. If payment confirmation is not received by Wing Sing Gallery within two (2) days, Buyer’s order will be cancelled.

4.2        Buyer may only change their preferred mode of payment for their purchase prior to making payment.

4.3      Wing Sing Gallery takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

4.4 As of now, direct bank transfer is the only payment method of the Site. User need to purchase using Direct Bank Transfer. Credit card option will be available in future.

5.        WARRANTY

5.1     Every products sell by Wing Sing Gallery is original and genuine. Each of the product comes with Wing Sing Gallery own warranty. Warranty only can be claimed by providing the invoice to Wing Sing Gallery. Any lost of the documents shall not responsible by Wing Sing Gallery.

5.2 Non-warranty scope of the watches:

  1. Unable to provide the invoice issued by Wing Sing Gallery. 
  2. Damage caused by transportation or loading and unloading during return or replacement or repair.
  3. Any modification, disassembly, or repair without Wing Sing Gallery’s authorization.
  4. Product damage caused by accidental or man-made behaviors, such as liquid damage, falling, input unsuitable voltage, excessive extrusion, main board deformation, etc. And other phenomena are also included, for example, the product is damaged, cracked, broken or deformed, and the product is damaged, broken or bare.
  5. Product faults or damage due to improper installation, use, or maintenance, is excluded from warranty coverage.
  6. Counterfeit or fake products not manufactured by official manufacturer (including where the product model or number on the warranty certificate is inconsistent with the physical product or the warranty certificate was altered, or where the product nameplate, SN bar code, and warranty label are removed or damaged, or cannot be identified) are excluded from warranty cover.
  7. The warranty period has expired.
  8. Product faults or damage caused by force mature events such as fire, earthquake, and flood, or similar events beyond the control of Wing Sing Gallery are excluded from warranty cover.

5.3 No refund or return or 1-to-1 exchange once goods are sold. User only can claim the warranty if products faced the issue that under warranty protection.

5.4 Warranty can be claimed by walk in or ship the item back to Wing Sing Gallery. Shipping fee is covered by user his/herself. Wing Sing Gallery is not taking any responsible to any damage, missing due to delivery and any costs need to be paid for delivery purpose.

6.        DELIVERY

6.1     Wing Sing Gallery will inform Buyer when Wing Sing Gallery receives Buyer’s Purchase Monies. Wing Sing Gallery should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.

6.2    Users understand that Wing Sing Gallery is not responsible to any risk attached to the delivery of the purchased item(s) and warrants that he/she has or will not obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged,lost or failure of delivery during the course of delivery, Users acknowledge and agree that Wing Sing Gallery will not be liable for any damage, expense, cost or fees resulted there from and Buyer will reach out to the logistic service provider to resolve such dispute.

6.3    Delivery shall made within 7 to 14 days after payment is received and confirmed by Wing Sing Gallery.

6.4 Users understand that shipping fee of flat rate RM20 is covered by user his/herself.

7.    Fraudulent or suspicious activity

If Wing Sing Gallery, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect our Buyers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

(a)    We may suspend the processing of any transaction;

(d)    We may refuse to provide the Services to you now and in the future;

(e)    we may hold your funds for a period of time reasonably needed to protect against the risk of liability to Wing Sing Gallery or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

For the purposes of this Section:

        “Chargeback” means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.

       “Claim” means a challenge to a payment that a Buyer files directly with Wing Sing Gallery.

       ” Reversal” means the reversal of a payment by Wing Sing Gallery because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by Wing Sing Gallery, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms and Conditions or any other Wing Sing Gallery policy, or (e) Wing Sing Gallery decided a Claim against you

8.        GENERAL PROVISIONS

8.1    Wing Sing Gallery reserves all rights not expressly granted herein.

8.2    Wing Sing Gallery may modify these Terms and Conditions at any time by posting the revised Terms and Conditions on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms and Conditions.

8.3    You may not assign, sub-license or transfer any rights granted to you here under or subcontract any of your obligations.

8.4   Nothing in these Terms and Conditions shall constitute a partnership, joint venture or principal-agent relationship between you and Wing Sing Gallery, nor does it authorize you to incur any costs or liabilities on Wing Sing Gallery’s behalf.

8.5   The failure of Wing Sing Gallery at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

8.6    These Terms and Conditions are solely for your and our benefit and are not for the benefit of any other person or entity, except for Wing Sing Gallery’s affiliates and subsidiaries (and each of Wing Sing Gallery’s and its affiliates’ and subsidiaries’ respective successors and assigns).

8.7   The terms set forth in these Terms and Conditions and any agreements and policies included or referred to in these Terms and Conditions constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms and Conditions, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms and Conditions. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms and Conditions may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

8.8    If you have any questions or concerns about these Terms and Conditions or any issues raised in these Terms and Conditions or on the Site, please contacts us at: wingsinggallery2011@gmail.com.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY MAKING ORDER THROUGH THIS SITE, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

Last Updated: 20 February 2020