Conditions d’utilisation

OVERVIEW

This website is operated by Averyx Holdings Limited. Throughout the site, the terms “we”, “us” and “our” refer to Pop-Up Garage.

Averyx Holdings Limited offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including our Privacy Policy, Shipping Policy, and Refund Policy, which are incorporated herein by reference.

If you do not agree to all the terms, conditions, and policies of this agreement, you may not access the website or use any services.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your country of residence, or that you have given us your consent to allow any minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws applicable to you in the use of the Service.

A breach or violation of any of the Terms will result in immediate termination of your access to the Service.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding payment information) may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.

SECTION 3 – POLICIES INCORPORATED BY REFERENCE

Your use of the Service and any purchases made through the website are also governed by the following policies, which form an integral part of these Terms:

  • Privacy Policy

  • Shipping Policy

  • Refund Policy

These policies apply to all orders, transactions, and interactions with the Service.

In the event of any conflict between these Terms and any policy, the relevant policy shall prevail with respect to the subject matter it governs.

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. Content is provided for general information only.

We reserve the right to modify site content at any time without obligation to update.

SECTION 5 – PRODUCTS AND SERVICES

Certain products or services may be available exclusively online and in limited quantities.

All returns, exchanges, or refunds are governed solely by our Refund Policy, regardless of the customer’s country of residence.

We do not guarantee that product images or colours will display accurately on all devices.

We reserve the right to limit sales by person, region, or jurisdiction.

SECTION 6 – PRICING AND MODIFICATIONS

Prices are subject to change without notice.

We may modify or discontinue the Service at any time without notice and shall not be liable for such changes.

SECTION 7 – DELIVERY CONFIRMATION & TRANSFER OF RISK

All orders are deemed successfully fulfilled once the shipment is confirmed as delivered or collected by the courier to the address provided at checkout.

Delivery confirmation may include courier tracking updates, GPS confirmation, delivery photographs, timestamps, or collection records.

Risk of loss, theft, or damage transfers to the customer upon confirmed delivery or collection.

We are not responsible for:

  • Parcels reported missing after courier-confirmed delivery

  • Deliveries to PO boxes, mail rooms, concierge desks, or shared locations

  • Theft, loss, or unauthorised collection after delivery

  • Courier limitations such as lack of signature confirmation

Any delivery-related claims must be reported within 48 hours of courier delivery confirmation. Claims outside this timeframe, or where valid proof of delivery exists, are not eligible for refunds or replacements.

SECTION 8 – CHARGEBACKS & PAYMENT DISPUTES

Customers agree to contact Pop-Up Garage and make a reasonable attempt to resolve any issue before initiating a chargeback or payment dispute.

Chargebacks initiated without contacting us first, or where:

  • Valid proof of delivery exists

  • The claim contradicts our policies

  • The order was fulfilled in accordance with these Terms

may be deemed abusive or bad faith.

We reserve the right to:

  • Submit all evidence to banks or payment providers

  • Reject future orders

  • Suspend or terminate accounts

  • Recover chargeback fees, administrative costs, and losses to the fullest extent permitted by Hong Kong law

Initiating a chargeback does not release the customer from obligations under these Terms.

SECTION 9 – MANDATORY TROUBLESHOOTING BEFORE RETURN

For electronic products, including RC cars, batteries, controllers, and electronic components, customers must complete reasonable troubleshooting with our support team before any return, replacement, or refund is approved.

Troubleshooting may include:

  • Photos or videos demonstrating the issue

  • Diagnostic or setup steps

  • Verification of correct usage

Returns or disputes initiated without completing troubleshooting may be refused.

If the issue can be resolved through setup, calibration, or adjustment, no return or replacement will be issued.

SECTION 10 – TAMPERING, MISUSE & DAMAGE EXCLUSION

Returns, refunds, or replacements will not be approved where issues result from:

  • Incorrect setup, installation, or calibration

  • Use outside intended purpose or instructions

  • Physical damage, crashes, water exposure, or environmental damage

  • Modification, disassembly, repair attempts, or non-approved parts

  • Normal wear and tear or consumable degradation

All returns are subject to inspection. Items showing misuse or tampering will be rejected and returned at the customer’s expense.

SECTION 11 – RESTOCKING FEES

Where a return is approved for reasons other than confirmed defect on arrival, we may apply a restocking fee:

  • Up to 15% for unopened items

  • Up to 30% for opened, tested, or handled items

Restocking fees cover inspection, testing, repackaging, and administration and will be deducted from any refund.

Shipping fees are non-refundable.

SECTION 12 – THIRD-PARTY LINKS & TOOLS

We may provide access to third-party tools or links provided “as is” without warranties. We are not responsible for third-party content or services.

SECTION 13 – USER CONTENT

Any feedback, suggestions, or submissions may be used by us without restriction or compensation.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee uninterrupted or error-free service.

To the fullest extent permitted by Hong Kong law, Pop-Up Garage shall not be liable for any direct, indirect, incidental, punitive, or consequential damages arising from use of the Service or products purchased.

SECTION 15 – INDEMNIFICATION

You agree to indemnify and hold harmless Pop-Up Garage from any claim arising from your breach of these Terms, violation of law, or infringement of third-party rights.

SECTION 16 – FORCE MAJEURE

We are not liable for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, strikes, government actions, customs delays, carrier disruptions, or supply chain interruptions.

Delivery timelines are extended accordingly and such delays do not constitute grounds for cancellation or refund.

SECTION 17 – CUSTOMS, IMPORT DUTIES & REGULATORY DELAYS

International shipments may be subject to customs inspections, duties, taxes, or regulatory requirements.

Customers are responsible for all import charges and for providing information required for customs clearance.

Delays, holds, or rejections by customs authorities are outside our control and do not qualify for cancellation or refund unless explicitly stated in our Refund Policy.

SECTION 18 – SEVERABILITY

If any provision is found unenforceable, the remaining provisions shall remain in full force.

SECTION 19 – TERMINATION

These Terms remain effective unless terminated by both parties. We may terminate access for any breach of these Terms.

SECTION 20 – ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Shipping Policy, and Refund Policy, constitute the entire agreement between you and Averyx Holdings Limited.

SECTION 21 – GOVERNING LAW & JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of Hong Kong SAR, and the courts of Hong Kong shall have exclusive jurisdiction.

SECTION 22 – CHANGES TO TERMS

We may update these Terms at any time by posting changes on our website. Continued use constitutes acceptance.

SECTION 23 – CONTACT INFORMATION

Questions regarding these Terms should be sent to:
customerservice@popupgarage.store