Terms and Conditions

Who you are dealing with

This site, jefferochan.com, is operated by Establish Records Limited, a company incorporated in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). In these terms, “we”, “us” and “our” mean that company, and “you” means the person using the site or placing an order.

You can reach us at info@jefferochan.com. For anything to do with an order, shop@jefferochan.com reaches the shop directly.

Agreeing to these terms

By using this site you agree to these terms. If you do not agree to them, please do not use the site.

By placing an order you confirm that you are at least 18, or that somebody responsible for you has agreed to it, and that the payment method is yours to use.

We may change these terms. The version in force is the one published here at the time, and it carries the date it took effect. A change never applies backwards to an order you have already placed — that order is governed by the terms as they stood when you placed it.

We send confirmations, receipts and notices by email. Anything we are required to give you in writing may be given that way.

What we sell

We sell physical goods: records, compact discs, clothing, prints and other merchandise. We do not sell downloads, subscriptions or any digital product, and nothing on this site gives you a licence to the music or artwork beyond the ordinary use of the copy you have bought.

Prices are shown in Hong Kong dollars and include no delivery charge; delivery is quoted separately at checkout, before you pay.

We try to describe and photograph everything accurately. Colours in particular vary between screens, and a photograph of a record sleeve is not a colour proof. Where something has not been made yet, what you see may be a mock-up, and the finished item can differ from it in its details.

A coloured, marbled or splatter pressing is different in every copy — that is the nature of it — so yours will not look exactly like the photograph. A signed or numbered item comes with whichever signature or number reaches it; the number cannot be chosen.

How an order is made

Putting something in the basket is not an order, and an order is not a contract until we accept it. When you pay, we send you a confirmation. That confirmation is our acceptance, and the contract is made at that moment.

We may decline an order. The usual reasons are that the item has sold out between your placing the order and our reading it, that the price or description was wrong, that we cannot deliver to where you are, that the sale or the delivery would break sanctions or export law, or that we have reason to think the payment is not yours to make. If we decline an order you have paid for, we refund it in full.

If a price is obviously wrong — wrong by an order of magnitude, or zero — we are not required to sell at it. We will tell you, and you can confirm at the right price or have your money back.

Limits, and buying to resell

What we sell is sold to be kept, played and worn by the people who buy it. We may set a limit on how many of an item one person can buy. A limit applies across orders: orders placed under the same account, with the same payment method, from the same email address or to the same delivery address are treated as one person’s.

We may decline or cancel an order that goes over a limit, or that we reasonably believe is being placed in order to resell, and we refund it in full when we do. This is about how things are bought here; nothing in it stops you selling on something you bought for yourself and no longer want.

When there are fewer of something than people who want it, it goes to whoever completes payment first. An item in a basket is not held for anybody.

Pre-orders

Some items are sold before they exist. Where an item is marked as a pre-order, the price is taken when you order, and the item is sent when it is ready.

We will tell you the expected date at the time of ordering. Dates for a pressing or a print run move, and where one moves materially we will tell you and you may cancel for a full refund at any time before it is dispatched.

If we conclude we cannot supply a pre-ordered item at all, we will tell you and refund it in full without waiting to be asked.

An order with a pre-order in it is sent as one parcel, when everything in it is ready, unless the checkout says otherwise. If you want the things that are already in stock sooner, order them separately.

Gifts and extras

Where an item is advertised as coming with something extra — a poster, a card, an insert — the extra is part of what you ordered, unless the item says it is included only while it lasts. Where it says that and the extra has run out, the order is sent without it.

Something given free cannot be exchanged for money or for a different extra.

Delivery, risk and ownership

Delivery is covered in full by our Delivery Policy, which forms part of these terms.

Risk in the goods passes to you when they are delivered to the address you gave. Ownership passes when we have received payment in full.

Where a delivery crosses a border, any import duty, tax or customs charge is yours to pay. We cannot tell you in advance what your country will charge, and we cannot mark a parcel as a gift or understate its value — doing so is a false customs declaration.

Your rights if something is wrong

Nothing in these terms takes away rights the law gives you. In Hong Kong the Sale of Goods Ordinance (Cap. 26) implies terms into a consumer sale — that we have the right to sell the goods, that they match their description, and that they are of merchantable quality — and under the Control of Exemption Clauses Ordinance (Cap. 71) those terms cannot be excluded against a consumer. We do not attempt to exclude them.

If something arrives damaged, faulty or not what you ordered, our Returns and Refunds Policy says what to do and what you get.

What we are not responsible for

We do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud, or for anything else which the law does not allow us to exclude.

Subject to that, we are not liable for loss which was not a foreseeable result of our breach, for loss of profit, business, contracts or anticipated savings, or for any loss arising because you used the site or anything bought from it for a business purpose.

Subject to the first paragraph of this section, our total liability in connection with an order will not exceed the amount you paid for that order.

Using the site

You may use this site for your own personal, non-commercial purposes. You may not:

• copy, scrape, mirror or republish any part of it, by hand or by machine, except as the Intellectual Property Notice allows
• use any automated system to collect from it, including for the training of a machine-learning model
• attempt to gain access to any part of it you have not been given access to
• interfere with it, or with anybody else’s use of it
• use it to send anything unlawful, or to impersonate anybody

We may withdraw access from anybody doing any of the above, and we may take the matter further where it warrants it.

Accounts

You do not need an account to buy something. If you make one, keep its password to yourself; anything done through your account is treated as done by you until you tell us otherwise.

We may suspend or close an account which is being used against these terms. You may close your own at any time by writing to info@jefferochan.com; what happens to the data in it is set out in the Privacy Policy.

The site itself

We try to keep this site up and working, and we do not promise that it always will be. It may be unavailable while we are changing something, and it depends on services we do not control. We are not liable for the site being unavailable, nor for anything a fault in it costs you beyond what is set out above.

Nothing in this section touches the goods. What you buy is covered by the section above and by the Sale of Goods Ordinance, and neither is affected by anything said here about the website.

Discounts and offers

Where we offer a discount code, a promotion or a free delivery threshold, it applies on the terms stated with it, to one order unless we say otherwise, and it cannot be exchanged for money.

We may withdraw an offer at any time. Withdrawing one never affects an order already placed under it.

An offer obtained by misuse — a code meant for one person used by many, or an account made repeatedly to claim the same thing — may be refused, and the order with it.

If you cause us loss

If we suffer a loss or a claim because you have broken these terms or misused the site, you will cover our reasonable costs of dealing with it, including legal costs.

This does not apply to anything caused by our own fault, and it is not a way of charging you for a dispute about an order — a customer disagreeing with us about a refund has not caused us a loss.

Things we link to

This site links to streaming platforms, social networks and other places, and embeds players from some of them. Those are not ours, we do not control them, and what they do with your visit is governed by their terms and their privacy policies, not ours.

Events outside our control

We are not in breach of these terms for a delay or failure caused by something genuinely outside our control — a carrier’s failure, a customs hold, a natural event, an act of government, an outage at a service we depend on. Where such a thing prevents delivery for an unreasonable length of time, either of us may cancel the affected order and we will refund it.

The whole of it

These terms, with the policies they refer to, are the whole of the agreement between us about what you buy here. Nothing said elsewhere forms part of it unless we have put it in writing.

If we do not enforce something at once, we have not given it up. If any part of these terms is found to be unenforceable, the rest continues to apply.

We may transfer our rights and obligations under these terms to another company, which does not change what you are owed. You may not transfer yours without our agreement.

Nobody other than you and us has any right to enforce these terms, and the Contracts (Rights of Third Parties) Ordinance (Cap. 623) does not apply to them.

If we publish these terms in Chinese as well as in English, the English version governs wherever the two differ.

Governing law

These terms, and any dispute arising out of them or out of anything bought through this site, are governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, and the courts of Hong Kong have exclusive jurisdiction.

If you live outside Hong Kong, the consumer law of your own country may give you rights that an agreement cannot exclude. Nothing in these terms is intended to exclude them.

You may also take a complaint to the Hong Kong Consumer Council, which hears complaints against Hong Kong traders. We do not say that our own decision on a dispute is final, because it is not: disagreeing with us costs you none of your rights.