1. Portion general term and condition

General term and condition

General information

For all of your use and purchase in the content of this online – Portion, under Portion Design Studio, stated in HongKong, is your only contracting partner. All the services carried out by Portion are based on the following general term information given by below. These underlie are offers and agreement between Portion and customers which are accepted for the duration of the whole business relationship. Portion operated as independent shop owners and designed by Portion itself. Once you create or purchase from Portion platform, the designed goods will be owned by Portion. You should accept the above ownership of the design. If you do not accept this general term, Please do not use the service provided by Portion.

Responsibility for online offer.

Portion operated to sell the design designed by the designer. First the designer would design the product, graphics, typographic or upload an image for their things. For the operation we have, we allow user to design: 3D printing, CNC prototyping provided by Portion. 
Portion is responsible for the article and design offered in Portion website, as well as the overall design of the website. 
The design owner is solely responsible for the products and designs offered in Portion. 

2. Standard term

By filling and sending out order form on the internet, the customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials. Portion sends an order confirmation via email to the customer. The order confirmation does not represent an acceptance of the offer, but shall only acknowledge to the customer that their order was received by Portion. The contract is only accepted when Portion ships the ordered product to the customer and confirms the shipment – shipment confirmation to the customer in a second email. 

Portion reserves the right to reject any received orders for any reason with notice to the customer.

The contract ends wth the complete delivery to the customer supplied address through Portion's shipment provider. If there is an interruption of delivery, and  Portion fails to cover a congruent substitute transaction in a business reasonable timeframe, the customer shall be informed immediately about the non-availability of the services. If the case of the customer having already paid, then the funds shall be refunded. 

3. Delivery/ Shipment

Delivery is available to Hong Kong, China and taiwan. More information can be found at our website. 

Delivery shall be conducted by a shipment service provider chosen by Portion. The customer has to pay standard shipping costs which may depend on order value, and where the order is shipped to. Current shipping prices can be viewed at our website.

4. Prices 

For shipping to Hong Kong, the stated prices are final. They include the taxes arising from the transaction, particularly sales taxes. Shipping and handling are billed separately and shown separately on the invoice. The shipping address and order amount is decisive for location determination.

For customers from outside Hong Kong, all stated prices are net prices. The shipping address is decisive. If, according to the statutory regulations, the goods are subject to sales or other taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods. 

The customer has to pay for shipping and handling, which may depend on order value and delivery location. Current shipping prices can be viewed on website.

Purchase price, along with shipping and handling charges are immediately payable, without deduction.

5. Payment

payment will be carried out according to the customer's choice of either direct debit, credit card, advance payment or other payment methods. Portion reserves the right to limit the method of payment chosen by the customer depending on the order value, shipment region or other objective crtieria. 

In case of the method pf payment chosen by the customer not being practicable, where Portion has met its contractual obligations, in particular if it is the case that a direct debit from the customer's account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by Portion or a third party which carried out the transaction.

Portion is entitled to make use of the services of trustworthy third parties for the handling of the payment:
1) if it comes to a default pf payment of the customer, Portion is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.
2) In the case of intervention of third parties in the handling of payments, then payment in relation to Portion only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as see fit.

6. Conditional sale

all the goods designed and post on Portion website remain the property of Portion. The customer is obliged to handle the product with care up to the transfer of ownership.

7. Guarantee

information, drawing, figure, article, image, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by Portion for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation. 

As far as there is a defect in the goods which falls under warranty, the customer shall be entitled to a replacement, to cancel the order, or keep the order at a reduced price, agreed by both parties.

Data communication via internet, considering the current state of the technology, cannot be guaranteed as being flawless and/or available at any time. Thus, Portion shall bot be liable for the continuous and uninterrupted availability of the online offer, or claims made about Portion by parties other Portion employees and partners. 

The term of limitation for claims under warranty for the goods provided is twp years starting from the receipt of such goods. If the customer is in business then the term of limitation is one year. 

8. Limitation of liability

Portion only bears responsible for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. Portion's liability is limited to the payment of the foreseeable, typically occurring damage. 

As far as liability of Portion is excluded or limited in these general terms and conditions then the same applies for personal liability related to the order for damages on the part of employees, representatives and agents of Portion.

9. Copyright to print designs, release from liability

if the customer uploads their own design or influences the product in any other way, including text personalization, the customer assures Portion that text and design are free from any third-party rights. The costs for possible infringements of copyright, personal rights or naming rights are to be borne completely by the customer, in this case. The customer also assures that by individualization of the product he does not infringe upon any other third-party rights.

The customer releases Portion from all demands and claims which are made due to the infringement of such third party rights, as far as the customer is responsible for the breach of duty. The customer shall promptly reimburse Portion for all defense costs and other damage resulting from any such action.

10. The technical and design deviations

when fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronic document with respect to materials, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result fro fluctuations customary in trade and technical production processes.

11. Data protection

Portion uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given:
1. name
2. email address
3. mailing address
4. bank details
for ordering products are used by Portion for fulfillment and handling of the contract. This data is treated confidentially by Portion and is not given to any third parties who are part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Portion has saved about them free of charges. They are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.

12. Place of jurisdiction, place of fulfillment , choice of law.

Place of fulfillment for all services is the place of business of Portion in Hong Kong.

All the copyrights and design will be protected by Hong Kong basic law. In such case, Portion is also entitled to sue the customer according to the opinion of Portion at their resident court. 

If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains in effect.