Terms & Conditions
TERMS AND CONDITIONS OF ONLINE SALE & REDEMPTION
1.1 “Phottix Member Club” shall mean membership program organized by us. For further details, please refer to http://www.phottix.com.hk/
1.2 "Contract" shall mean a contract agreed by you and us on the sale or supply of Products and purchase or redemption of Products according to these Terms and Conditions.
1.3 “Delivery Address” shall mean the address indicated in your Order which you wish the Products to be delivered to.
1.4 “Delivery Date” shall mean the availability date for the Products to be picked up or delivered to you as informed by us.
1.5 “EWSS” shall mean the Extended Warranty Service Scheme provided by us subject to the terms and conditions stipulated in http://www.phottix.com.hk/.
1.6 “Hong Kong” shall mean Hong Kong Special Administrative Region of the People’s Republic of China.
1.7 “Intellectual Property” shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, trademarks, database or copyrights, whether or not registered or registrable by any means, and the right to file an application for registration.
1.8 “Macau” shall mean Macau Special Administrative Region of the People’s Republic of China.
1.9 "Order" shall mean an electronic online order submitted through this Website by you to purchase/redeem our Products.
1.10 “Order Confirmation” shall mean the email confirmation sent to you after your Order is successfully accepted by us.
1.11 “Product(s)” shall mean the products, peripherals of the products and/or other gifts available for sale/redemption on this Website, and forming the subject matter of this Contract as identified by you in the Order.
1.12 “Terms and Conditions” shall mean the terms and conditions stated herein.
1.13 “We”, or “us” shall mean Phottix (HK) Limited.
1.14 “Website” shall mean http://www.phottix.com.hk
1.15 “You” shall mean you or any person who purchase/redeem Products or use coupons through this Website.
2. Basis of this Contract
2.1 These Terms and Conditions prevail over any other terms and conditions in the Order.
2.2 By placing an Order with us, you hereby warrant and represent that:-
2.2.1 you have attained the age of 18 and have the capacity and ability to enter into legally binding contracts;
2.2.2 you understand that we shall only sell and deliver the Products to end user customers; and
2.2.3 you will not resell or supply the Products (including any parts thereof) outside the territory of the Hong Kong or Macau, and will not resell or supply the Products (including any parts thereof) to any person who you know or have reason to believe may resell or supply the related Products outside Hong Kong or Macau.
3. Placing Order
3.1 Information contained in this Website constitutes an invitation to treat only, which shall not be regarded as an offer by us to supply any Products. The Order you placed with us will be your offer to us to purchase/redeem the Products as indicated in your Order. Once you have placed the Order with us, you shall, to the fullest extent permitted by the applicable law, neither cancel nor vary the Order howsoever. We shall have sole and absolute discretion to accept or decline any or all parts of your Order without giving any reason.
3.2. We will confirm our receipt of Order after receiving your Order which shall not be treated as our acceptance of the Order. If any or all parts of your Order are successfully accepted, you will receive the Order Confirmation issued by us in respect of the related Products. A legally binding contract will not be formed unless and until your receipt of our Order Confirmation in respect of such Products.
4. Price and Payment
4.1 Payment shall be made by using PayPal or designated credit cards namely Visa, MasterCard, American Express, coupons and/or loyalty points. All prices quoted are in Hong Kong dollars.
4.2 You agree to pay for every Order made under your login account or credit card and agree to indemnify us for any claims, losses and damages whatsoever arising from the actions of any person placing any Order for the Products using your login account or credit card. You shall be responsible for notifying your bank of and be liable for any changes to your record, or loss, theft or unauthorized use of your credit card.
4.3 We will update this Website from time to time including the specifications and prices of the Products. Please visit this Website regularly in order to obtain the most updated and accurate information.
4.4 Upon our receipt of full payment of the Products, we will arrange for delivery of such Products or notify you for collection of such Products.
5. Product Delivery and Collection
5.1 Delivery of the Products in the same Order can be by one or multiple installments.
5.2 If we need to revise the Delivery Date, we will inform you of the revised Delivery Date as soon as practicable. Delivery Date of the Products shall not be the essence of the Contract and is only our best estimate. Under no circumstances shall we be liable to you for any advance or delay in respect of the Delivery Date (howsoever caused or whether or not the same has been notified to you).
5.3 If you fail to collect the purchased/redeemed Products within thirty (30) days of receiving Order Confirmation, or if you fail to give us adequate or accurate delivery instructions, then, without prejudice to any other rights or remedies available to us, we may at our sole and absolute discretion (i) store the Products until actual delivery and charge you for reasonable costs incurred (including insurance and storage expenses); or (ii) charge you for any additional expenses incurred by us as a result of inadequacy or inaccuracy of Order information or your failure to take delivery; (iii) deal with the uncollected Products by any means without any obligation or responsibility to you (including without limitation refund of any amount paid or return of any e-Coupon used or any loyalty points deducted); (iv) authorize our designated delivery or storage service provider to deal with the Products in accordance to the delivery and storage procedures adopted by such service provider without any compensation to you (including without limitation any additional storage or delivery fees charged by such service provider which arise from your delayed collection of Products).
5.4 We shall be deemed to have properly performed all obligations under the Contract upon delivery, and the Products delivered shall be deemed to be correct and of satisfactory quality.
5.5 All risks in the Products shall pass to you upon the Products being delivered to Delivery Address or being collected. But we shall retain title in the Products until full payment has been received by us.
6. Exchange and Return Policy
6.1 We strive to provide you with excellent Products. If you are not satisfied with the Products quality and need to exchange or refund, you must make request according to our Exchange and Return Policy. This Exchange and Return Policy is your sole remedy in respect of all liabilities and damages caused by any Product quality or specification issues.
6.2 If your Phottix branded Products need any repair or maintenance after seven (7) days from the day of your receipt of the said Products, you shall refer to the terms and conditions of warranty for relevant warranty procedures available to the said Products. For the avoidance of doubt, we do not provide warranty to non-Phottix branded Products, please contact the relevant manufacturers for details of repair or maintenance to be provided by such manufacturers.
7.1 If you purchase EWSS in your Order, the warranty and EWSS of the respective Product will be automatically registered. Such warranty and EWSS shall be subject to the terms and conditions of warranty and EWSS in our website. For the avoidance of doubt, we do not provide EWSS to non-Phottix branded Products, please contact the relevant manufacturers for details of repair or maintenance to be provided by such manufacturers.
7.2 For any purchase of EWSS by using guest account, you agree to authorize us to apply for Phottix Member Club membership on your behalf.
8. Warranty and Liability
8.1 Any conditions or warranties, whether expressed or implied by statute, common law, trade custom, or otherwise, including warranties of merchantability or of fitness for a particular purpose, and any additional liability, compensation or indemnification, other than those expressly provided for in these Terms and Conditions, are, insofar as permitted by law, hereby expressly rejected.
8.2 If you use any personal password to gain access to this Website, we shall not be liable for any offline password management. You shall ensure that your password is kept strictly confidential to prevent unauthorized use. We shall not be liable for any loss or damages whatsoever if any third party gains unauthorized access to this Website by using your password.
8.3 We give no warranty as to the accuracy of the information contained on this Website in particular to the digital images. We shall not be liable for any liability arising from any inaccuracy or inconsistency of the information, wilful damages, negligence, operation under abnormal conditions, any use that do not abide by our written or verbal guidelines, any incorrect use or damages caused by repair or modification made without getting our prior written approval. The digital images displayed on this Website are for reference only. Any typographical error, clerical or other error or omission on this Website, any sales literature, quotation, price list, acceptance of offer, invoice, statement made during customer service or other document or information issued by us shall be subject to correction at any time without any liability on our part.
8.4 You shall be responsible for ensuring (i) the completeness, correctness and accuracy of all information provided in connection with your Order, including without limitation, the Delivery Address, recipient information and payment details and (ii) the timely collection of Products from the selected collection location. We shall not be liable for any failure or delay or otherwise in discharging our obligations and/or performing our duties under this Terms and Conditions if such default is in any way due to the incomplete, incorrect and/or misleading information provided by you in respect of the Order or your delay in collecting the Products. You undertake to indemnify and hold us and the relevant third parties harmless from and against all costs, losses and damages incurred or suffered as a result of your provision of incomplete, incorrect and/or misleading information in respect of the Order or your delay in collecting the Products.
8.5 We shall not be liable for any losses, damages, costs and expenses directly or indirectly suffered by you (including but not limited to, loss of profits, loss of savings, loss of goodwill, loss of revenue or loss of contracts incurred by you, whether anticipated or actual, or any special indirect or consequential damages of any nature whatsoever) or any action, claims and proceedings taken against you by any third parties in connection with, incidental to and consequential upon the performance of us in relation to these Terms and Conditions. Notwithstanding anything to the contrary, to the extent permitted by law, our total aggregate liability in contract, tort, equity or otherwise for any direct loss or damage arising out of or in connection with these Terms and Conditions shall be limited to the total amount paid by you in respect of the Products arising from the performance of our obligations under these Terms and Conditions.
9. Force Majeure
If the performance by us under this Website is prevented by reason of force majeure (which shall include fire, casualty, accident, act of God, natural disaster, any law, order, declaration, regulation, demand or requirement of the Government of Hong Kong or Macau or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever beyond the reasonable control of us), we shall not be liable from such performance to the extent of such prevention.
Unless otherwise specified in end user licence agreement of the Products, the sale or redemption of any Products shall not include any right, title or interest in any of the Intellectual Property rights found in or relating to such Products. All such copyrights and other Intellectual Property rights shall at all times remain the property of Product manufacturers. Reproduction of any Intellectual Property rights in the Product in any manner is expressively forbidden. You shall be liable for all consequences caused by your breach of Copyright Ordinance.
11. Personal Data
12.2 You shall not assign or transfer any rights or obligations under these Terms and Conditions or the Contract to any third party without our prior written consent thereto.
12.3 No failure or delay by us in exercising any right, power or remedy under these Terms and Conditions or the Contract shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of these Terms and Conditions or the Contract shall be deemed to be a waiver of any subsequent breach of that or any other provision of the same.
12.4 The provisions contained in each clause of these Terms and Conditions shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. In the event any provision of these Terms and Conditions is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of these Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
12.5 The Products (including any of its parts or the related software) provided under these Terms and Conditions are subject to the export laws and regulations of the United States, including the United States Export Administration Regulations. Your rights to use the Products (subject to other obligations listed in these Terms and Conditions) are conditioned upon your compliance with all applicable export laws and regulations, including the export laws and regulations of the United States. You represent and agree that you will not use, disclose, distribute, transfer, export, or re-export any portion or all of the Products in any form in violation of any applicable export laws and regulations, including the export laws and regulations of the United States. In addition, if the Products are identified as an export controlled item under the applicable export laws and regulations, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation and that you are not otherwise prohibited under such laws and regulations from using the Products.
12.6 A person who is not a party to these Terms and Conditions shall have no right at law to enforce any of these Terms and Conditions.
12.7 These Terms and Conditions shall be governed and interpreted by the laws of Hong Kong. You hereby irrevocably submit to the jurisdiction of the Hong Kong Courts in connection with any disputes arising from or in connection with these Terms and Conditions.
12.8 In case of any discrepancies occurring between the Chinese and the English versions of these Terms and Conditions, the English version shall prevail.