1. Services

1.1. We are ABOVE THE CLOUDS INTERNATIONAL LIMITED (hereinafter referred to as "we", "us", "the Company", or "ABOVE THE CLOUDS INTERNATIONAL LIMITED"), and we own and operate this website. Our website provides a convenient shopping platform via the internet (including through applications or software) and offers 24/7 online information (the "Services").

1.2. By using this website, you agree to be bound by the following terms and conditions. Please read them carefully.

1.3. We reserve all rights to change these terms and conditions at any time and from time to time without prior notice. The revised terms and conditions shall be effective from the date of posting. Your continued use of our website and services constitutes your agreement to be bound by the latest version of these terms and conditions.

1.4. Meaning of certain terms used in these terms and conditions:

1.4.1 "We/Us" refers to the person or company providing the services.

1.4.2 "You" refers to the person to whom we provide services or who pays for the goods delivered.

1.4.3 "Content" refers to all text, graphics, logos, icons, photographs, images, combinations of moving visual representations or sounds, and images, sound effects, computer programs, and other materials selected, displayed, or owned by or related to our website.

1.4.4 "Goods" refers to the products or services ordered and to be paid for by you through our website.

1.4.5 "Intellectual Property Rights" means any and all patents, trademarks, domain name rights, design rights, copyrights, and database rights (whether registered or unregistered, including applications for registration or the right to apply for registration of any of the foregoing), confidential information rights, and all other intellectual property rights of a similar or corresponding nature that may exist now or in the future anywhere in the world.

1.4.6 "Services" has the meaning assigned to it in Clause 1.1.

1.4.7 "Website" refers to the website of ABOVE THE CLOUDS INTERNATIONAL LIMITED (https://www.sport-atc.com) and any related websites connected thereto.

1.4.8 "User Content" has the meaning assigned to it in Clause 10.1.

2. Registration

2.1 You are required to register with us when using the Services or placing an order. By registering, you represent (and we are entitled to rely on such representation) that you are aged 18 or above and have the capacity to form a legally binding contract.

2.2 You represent to us and all goods through our website that all orders placed by you through our website will be within the scope of your authority to enter into contracts.

2.3 In consideration of your use of our Services, you agree to:

2.3.1 Provide true, accurate, current, and complete information about yourself when filling out the registration form.

2.3.2 Maintain and promptly update your registration information to ensure it remains true, accurate, current, and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your registration.

3. Ordering

3.1 When you place an order, you are offering to purchase the goods from this website at the specified price. Once submitted, an order cannot be cancelled by you, even if we have not yet accepted or rejected it.

3.2 We will acknowledge receipt of your order via email. This order email will provide:

3.3.1 Details of your order;

3.3.2 Details of the price charged;

3.3.3 Once we confirm this order, we will send you another email with your order tracking information and the estimated shipping and delivery details.

3.4 Our acceptance of your order is limited strictly to the goods specified in the order confirmation. It does not constitute acceptance of any other items you may have ordered.

Any unconfirmed items will only be accepted upon our issuance of a separate confirmation. We reserve the right to accept or reject any part of an order at our sole discretion.

3.5 Stock availability is displayed online and updated regularly by this website. However, it should not be relied upon as a definitive statement of whether the goods you intend to purchase are actually in stock.

3.6 We reserve the right, at our sole discretion, not to accept or to cancel an order for any reason, including but not limited to:

3.6.1 Insufficient stock of the ordered goods;

3.6.2 Inability to arrange delivery to your area; or

3.6.3 Errors in the price indicated for one or more items ordered due to human or computer error, or incorrect pricing information provided by this website.

3.7 If we cancel your order, we will notify you by email and will credit any amount deducted from your credit card back to your account as soon as possible, but in any event within thirty (30) days of your order. You accept that we are not required to provide any compensation for your dissatisfaction.

4. Price and Payment

4.1 We will use all reasonable commercial efforts to display accurate and up-to-date prices on our website. However, as prices for various items are typically updated by different brands, we cannot list the exact price until we accept your order.

4.2 If the price of the goods at the time we intend to accept your order is higher than the price shown, we will:

4.2.1 Cancel your order; or

4.2.2 Contact you to inquire whether you wish to pay the higher price or cancel your order.

4.3 If we cancel the order and you have already made payment, we will refund the amount deducted from your credit card. You agree and accept that we are not liable for any compensation for your dissatisfaction.

4.4 We only accept payment by American Express, Visa and Mastercard. By placing an order, you authorize us to charge your specified credit card for the amount of the goods at the time we accept your order. Ownership of the goods will not transfer to you until payment is received.

4.5 We use third-party payment services for online transactions. By placing an order, you agree and accept that your credit card information will be collected, processed, and retained by us and the payment service provider, subject to their terms and conditions. You agree and accept that you are solely responsible for any losses incurred during credit card transactions, and we shall not be liable for any such losses, in whole or in part, under any circumstances.

5. Delivery

5.1 Details of terms & condition can be reviewed from “Delivery"

5.2 We will deliver the goods you ordered to the delivery address provided by you through third-party provider. Upon confirmation of receipt, you agree to present photo identification upon request, if necessary. The goods are deemed delivered and received by you once they arrive at the provided address. We are not responsible for any subsequent claims for refunds or compensation.

5.3 Any time or date regarding shipment or delivery duration is an estimate only. If we fail to meet any prescribed delivery date or time, we will notify you of the progress. You agree and accept that we will not accept order cancellations or provide refunds in such circumstances.

5.4 You become the owner of the goods once they have been delivered to you. Once delivered, you bear the risk of holding the goods, and we are not responsible for their loss or damage.

6. Returns or Exchanges

6.1 Unless otherwise specified, no returns or exchanges are accepted. Please read the return or exchange policy specified by this website carefully before ordering.

6.2 Subject to different brands policies, if goods are faulty, defective, or damaged (through no fault of your own), or if the goods are not what you ordered or the quantity is incorrect, returns or exchanges may be made within seven (7) days of receipt, provided that:

6.2.1 The return or exchange policy applies;

6.2.2 The goods are unused and in their original sold condition, with all parts and accessories included (manuals, certificates, labels, tags, consumables, bags, and boxes);

6.2.3 The packaging of the goods is in the same condition as when delivered to you; and

6.2.4 Returns or exchanges must be requested by emailing support@sport-atc.com. Upon approval, all returned items must be shipped to the return address designated by ABOVE THE CLOUDS INTERNATIONAL LIMITED within the deadline specified by our customer service team.

6.3 You agree and accept that the acceptance of an exchange is subject to stock availability.

7. Disclaimers and Limitation of Liability

7.1 We do not represent or warrant that access to our website (including the use of mobile applications or software) or any part thereof will be uninterrupted, reliable, or fault-free.

7.2 We do not represent or warrant that our website or its content will be accurate, complete, or reliable.

7.3 We do not represent or warrant that:

7.3.1 Any services (whether provided by us or not) will be provided with due care and skill; or

7.3.2 Any goods (whether provided by us or not) will be of merchantable quality or fit for any purpose (even if notified to us in advance).

7.4 You agree that no data transmission over the internet can be guaranteed as completely secure. While we strive to protect such information, we do not guarantee and cannot ensure the security of information you transmit to us. Any transmission is at your own risk.

7.5 To the extent permitted by law, we exclude all liability to you (whether in contract, tort, or otherwise, and whether or not due to our negligence) for:

7.5.1 Any technical, factual, textual, or typographical inaccuracies, errors, or omissions in our website or any information therein;

7.5.2 Unavailability of our website (or any part thereof), goods, or services;

7.5.3 Any delay in providing, or failure to provide or make available, goods or services, or any negligent provision of goods or services;

7.5.4 Any goods not being of merchantable quality or fit for their intended purpose; or

7.5.5 Any misrepresentation regarding our website, goods, or services. 

7.6 Except as required by law:

7.6.1 We shall not be liable for any indirect or consequential loss, damage, or expense, including loss of profits, business, or goodwill arising from any problem you notify us of; and

7.6.2 We have no obligation to pay any money to you by way of compensation, except as otherwise provided in these terms and conditions.

7.7 You must comply with all applicable regulations and legislation, including obtaining all necessary export or import permits for goods purchased from our website.

7.8 You agree that these limitations are reasonable given the nature of our website, particularly since you enter into a separate contract with different brands for each purchase.

7.9 None of the above exclusions affect any statutory rights that cannot be excluded. However, in such cases, our liability (where permitted by law) shall be limited to resupplying the services or goods to you.

7.10 Each of the above exclusions or limitations shall be construed as a separate and severable provision of these terms and conditions.

8. Warranties

8.1 You represent, warrant, and undertaking that you will not:

8.1.1 Use our website for any fraudulent or unlawful purpose;

8.1.2 Use our website to defame, abuse, harass, stalk, threaten, or violate the rights of others (including but not limited to privacy or publicity rights);

8.1.3 Impede or interfere with the operation of our website or the servers or networks used to make the website available; or violate any requirements, procedures, policies, or regulations of such networks;

8.1.4 Transmit or distribute any virus, Trojan horse, or other computer code that is harmful or intended to damage or monitor the operation of any hardware, software, or equipment;

8.1.5 Reproduce, duplicate, sell, resell, or exploit any part of our website (including applications or software) for any commercial purpose;

8.1.6 Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of our website;

8.1.7 Frame or mirror any part of the website without our prior written consent;

8.1.8 Create a database by systematically downloading and storing content, user content, or any website material; and

8.1.9 Infringe any copyright, design rights, or intellectual property rights of the goods.

9. Content

9.1 All intellectual property rights in the Content are owned, controlled, or licensed by us. Except for the rights granted to you under Clause 9.2, these terms and conditions do not grant you any right or interest in the Content, and we reserve all other rights.

9.2 Subject to these terms and conditions, you may use the Content for your own personal use.

9.3 Unless you have obtained our express written consent or are expressly authorized by law, you may not:

9.3.1 Use the Content for any commercial or other non-personal purpose;

9.3.2 Copy the Content or transmit it to any other device or person; or

9.3.3 Reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of, or display the Content.

9.4 You acknowledge and agree that if you breach any part of this provision, we may, at our sole discretion, cease providing any Content to you.

9.5 We will use reasonable commercial efforts to ensure the accuracy of the Content but do not guarantee or represent (expressly or impliedly) its accuracy, quality, completeness, or suitability for any purpose, and we assume no liability for the same. You also agree that advertisers bear full responsibility for the content of advertisements appearing on our website. The placement of such advertisements does not constitute a recommendation or endorsement by us, and each advertiser is responsible for any representations made in their ads. We are not liable for any loss caused by your reliance on the accuracy of information on our website.

10. User-Generated Content

10.1 When you submit any user-generated content (including all text, files, images, photos, sounds, videos, or other materials) ("User Content") to our website, you grant us a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable, fully paid-up, royalty-free license to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display, and otherwise use the User Content in connection with the website (including promotion and redistribution of parts or all of the website in any media formats and through any media channels). Without limitation, the rights you grant us under this Clause 10.1 include the right to grant sub-licenses to website users to use User Content as permitted by website functionality. You hereby waive, and shall cause any other authors of User Content to waive, all moral rights in the User Content (including the right to be identified as the author or the right to object to derogatory treatment), regardless of whether such rights currently exist or arise in the future anywhere in the world.

10.2 You represent, warrant, and covenant that:

10.2.1 You have the legal right and power to grant the license in Clause 10.1;

10.2.2 You are the owner of the User Content and/or have all necessary rights, consents, permissions, and licenses to grant us the license in Clause 10.1;

10.2.3 By exercising the license in Clause 10.1, we will not infringe the intellectual property or other rights of any third party;

10.2.4 The User Content does not contain material that may be unlawful, defamatory, offensive, threatening to safety, intended to harass, or unsuitable for display on the website;

10.2.5 If the User Content identifies any individual (whether by name, image, or otherwise), you have obtained all necessary consents and permissions from such individuals for us to use the User Content according to Clause 10.1;

10.2.6 Upon our request, you will provide written copies of any consents, permissions, and licenses you are required to obtain.

11. Indemnity

You agree to indemnify and hold us and all our directors, employees, and contractors harmless from and against any losses, damages, costs, expenses (including legal fees), or other liabilities arising from any breach of any covenant, warranty, representation, or agreement herein.

12. Linked Websites

Certain links (including hyperlinks) in our website will lead you away from our website. These links are provided for your convenience only, and the inclusion of any link does not imply our support or endorsement of the linked website, its operator, or its content. We are not responsible for the content of any website outside of our own.

13. Termination

13.1 We may immediately terminate your access to our website or your registration if you breach any of these terms and conditions. 

13.2 Any rights of either party that have accrued as of the date of termination shall remain enforceable after termination.

14. Intellectual Property

14.1 All intellectual property rights in the Content, User Content, design, text, graphics, and other materials on our website, and their selection or arrangement, are owned, controlled, or licensed by us. Any unauthorized use without prior written approval is strictly prohibited.

14.2 All trademarks, product names, and company names or logos on our website are our property or the property of their respective owners. We grant no permission for the use of any such trademarks, get-up, product names, company names, logos, or titles, and such use may constitute an infringement of the holder's rights.

15. General

15.1 Where representations and warranties are made to us and the Suppliers through our website, you acknowledge and agree that such representations and warranties are intended to grant rights to and for the benefit of all relevant Suppliers, and each Supplier may rely on and enforce them.

15.2 We take privacy seriously. Our Privacy Policy covers our use of any information you provide. By using our Services, you agree that we may collect, store, and use information about you in accordance with our Privacy Policy. You acknowledge and agree to be bound by the terms of our Privacy Policy.

15.3 We reserve the right, at our sole discretion, to deny any user access to our website or any part thereof without notice, and to refuse service to any user who breaches these terms and conditions.

15.4 We shall not be liable to you for any breach of these terms and conditions of use, nor for any failure or delay in providing our Services through the website due to any event or circumstance beyond our reasonable control.

15.5 You may not assign or otherwise deal with all or any of your rights and obligations under these terms and conditions without our written consent.

15.6 These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings, or arrangements. No party is entitled to rely on any agreement, understanding, or arrangement not set forth in these terms and conditions.

15.7 These terms and conditions are governed by the laws in force in Hong Kong SAR. You agree to submit to the exclusive jurisdiction of the Hong Kong SAR courts.

(In the event of any discrepancy or inconsistency between the English and Chinese versions, the English version shall prevail.)