|Terms and Conditions of Sales
These terms and conditions will apply when you access our website to use our on-line ordering service for the purchase from Sunlite Computronics Limited. Before proceeding to place an order, we ask that you read and accept these terms and conditions. Please note that all sales, purchases and redemptions made through our on-line ordering service are subject to the laws of Hong Kong SAR and are deemed to take place in the Hong Kong SAR. We only ship to limited destinations in the Hong Kong SAR. We do not ship or deliver any goods or products outside of the Hong Kong SAR. Further, our on-line ordering service extends only to Hong Kong residents, and we will only accept orders from persons who are resident in the Hong Kong SAR.
If you do not agree to and accept these terms and conditions, then you must not use our ordering services. If, however, you agree to and accept these term and conditions unconditionally, you will be given the opportunity to click on the box beside the words "I confirm that I have read, and hereby accept and agree, the Terms and Conditions of Sale" before submitting your order, and you will then be able to place an order with us to which these terms and conditions will apply.
These terms and conditions do not affect your statutory rights.
1. Basis of the Sale
1.1 We shall sell and you shall purchase, in Hong Kong, such goods ("the Goods") as you may order from us by means of an electronic on-line order submitted through this website (a " Purchase Order"), provided always that your Purchase Order has been accepted by us in accordance with Clause 2.1, and subject always to these terms and conditions.
These terms and conditions shall govern any contract between us for the sale and purchase of Goods to the exclusion of any other terms and conditions subject to which any Purchase Order is made or purported to be made by you.
1.2 By placing a Purchase Order, you hereby:
1.2.1 warrant and represent that you are resident in the Hong Kong SAR; and
1.2.2 warrant and represent that the name on your Hong Kong identity card / passport is the same as the name on the credit card you have used (if applicable) when placing a Purchase Order with us;
1.2.3 warrant and represent that the details of your Hong Kong identity card / passport correspond with the relevant details you have submitted when placing the Purchase Order with us; and
1.2.4 agree and undertake that you shall not (whether directly or indirectly and whether alone or together with any third party), resell or supply the Goods (or any part thereof) outside the territory of the Hong Kong SAR, or resell or supply the Goods (or any part thereof) to any person in the Hong Kong SAR which you know or have reason to believe may resell or supply the Goods (whether directly or indirectly) outside the Hong Kong SAR.
2. Placing a Purchase Order
2.1 At the end of the order form you will be required to click the button marked "CONFIRM" to indicate that you wish to submit your Purchase Order. This will be your offer to purchase the Goods which are the subject of the Purchase Order.
2.2 Once you have submitted your Purchase Order, our computer will check your Purchase Order against our inventory of currently available goods.
2.3 If all the Goods specified in your Purchase Order are currently available, you will be required to enter your credit card details to complete your Purchase Order. We will then send you by e-mail a confirmation of acceptance (the "Purchase Order Acceptance") in respect of all such Goods.
2.4 If only some of the Goods specified in your Purchase Order are currently available, then your Purchase Order will not be accepted.
2.5 If none of the Goods specified in your Purchase Order are currently available, then your Purchase Order will not be accepted.
2.6 Notwithstanding any of the provisions of Clauses 2.1 to 2.5, a legally binding contract between us for the sale of any Goods specified in your Purchase Order ("the Contract") will not be formed unless and until you have received our Purchase Order Acceptance in respect of such Goods.
2.7 You shall be responsible to us for ensuring the accuracy of the terms of any Purchase Order (including any applicable specification) submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
2.8 The quantity and description of and any specification for the Goods shall be those set out in the Purchase Order Acceptance.
2.9 These terms and conditions shall, for the purposes of your Purchase Order, override and apply to the exclusion of any contrary or inconsistent terms or conditions published by us on any medium or appearing on this website.
2.10 Any typographical, clerical or other error or omission in this website, any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction at any time without any liability on our part.
3. The On-Line Ordering Service
3.1 We will collect and use the information which you give to us in your Purchase Order (collectively "Orders") in accordance with this Clause 5.1, and by giving us this information, you consent to our use of such information as set out herein. The information which you have provided to us will at all times be governed by the terms of the Personal Data (Privacy) Ordinance ("the Ordinance"). Please note the following:
3.1.1 The personal data supplied by you will be used for the purposes of (i) providing you with the Goods in accordance with your Orders; (ii) maintaining our records relating to you and your Goods, in order that we may provide maintenance, guarantee and other services to you; (iii) sending you information relevant to your Goods and advertising and promotional materials; (iv) determining the amount of any indebtedness owed to or by you; (v) collecting any amounts outstanding from you; and/or (vi) any purposes relating to any of the foregoing.
3.1.2 Data held by us relating to you will be kept confidential, but we may from time to time provide such information to (i) any governmental or statutory authorities; (ii) our parent company or any other company forming part of the Sunlite group, and/or (iii) any other person under a duty of confidentiality to us.
3.1.3 Under and in accordance with the terms of the Ordinance, you have the right to (i) check whether we hold data about you and your right of access to such data; (ii) require us to correct any data relating to you which is inaccurate; (iii) ascertain our policies and practices in relation to data and to be informed of the kind of personal data held by us. In accordance with the terms of the Ordinance, we have a right to charge a reasonable fee for the processing of any data access request. If you have any requests for access to data or for the correction of data, or if you would like any further information regarding our policies and practices or the kinds of data held by us, kindly address your enquiries to:
The Marketing Officer
Sunlite Computronics Limited
17 Floor, EastWood Ctr.,
5 A Kung Ngam Village Rd.,
Shau Kei Wan,
Fax: 2562 0358
3.1.4 Nothing in this Clause shall limit the rights of any person under the Ordinance.
3.2 All Contracts between you and us for the sale and purchase of Goods, all other use of this website, shall be governed by and construed in accordance with the laws of the Hong Kong SAR, and you hereby agree to submit to the non-exclusive jurisdiction of the Courts of the Hong Kong SAR for all purposes relating thereto.
3.3 Any advice or recommendation given by us to you on this website as to the storage, application or use of the Goods or Redemption Goods shall be followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation.
4.1 Payment shall be made at the point of Orders using the following accepted credit cards: Mastercard, Visa or by EPS("Asiapay").
4.2 The purchase price of the Goods ("the Price") shall be the price set out in the Order Acceptance, as the case may be. Notwithstanding the foregoing, we reserve the right, by giving notice to you at any time before delivery of the Goods or making the Goods available for collection, to increase the Price to reflect any increase in the cost to us of manufacturing or supplying the Goods which is due to any factor beyond our control (including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by you, or any delay of your instructions or your failure to give us adequate information or instructions.
5. Risk and Property
5.1 Risk of damage to or loss of the Goods shall pass to you at the time when the same are collected by you or despatched from our premises (as the case may be).
5.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received payment in full of the Price.
6. Delivery for Purchase Orders
6.1 In your Purchase Order, you must specify whether you wish to collect the Goods from our premises or to have the Goods delivered to you at a specified address in the Hong Kong SAR within the Delivery Zone (the "Delivery Address"). In our Purchase Order Acceptance, we shall confirm whether the Goods shall be collected by you from our premises, or delivered to you at the Delivery Address.
6.2 Delivery of the Goods shall be made, in accordance with Clause 8.1, either by you collecting the Goods from our premises (as specified in the Purchase Order Acceptance) at any time after we have notified you by email that the Goods are available for collection, or by us delivering (or arranging for the delivery of) the Goods to the Delivery Address. The Goods will be available for collection by you from our premises, will be delivered to you, as the case may be, on such date as we shall notify to you by email or by telephone ("the Delivery Date").You shall make all arrangements necessary to take delivery of the Goods whenever we notify you that the Goods are ready for collection, or whenever the Goods are tendered for delivery by us, as the case may be.
6.3 The Goods shall only be delivered to you if:
6.3.1 you produce, or procure to be produced, your Hong Kong identity card / passport and the credit card you used when placing an Order with us to our representatives prior to collection of the Goods from our premises or upon delivery of the Goods to the Delivery Address (as the case may be);
6.3.2 the details of the Hong Kong identity card / passport presented to our representatives correspond with the relevant details you have submitted when placing the Purchase Order with us;
6.3.3 the name on your Hong Kong identity card / passport is the same as the name you have represented to us is the name on the credit card you used when placing the Purchase Order with us; and
6.3.4 if you have requested another person to collect the Goods for you, that person produces:
(i) an authority signed and dated by you giving the name and Hong Kong identity card / passport number of the person you have authorised and confirming that he may collect the Goods for you; and
(ii) his Hong Kong identity card / passport
to our representatives prior to collection of the Goods from our premises or upon delivery of the Goods to the Delivery Address (as the case may be).
Your failure to produce, or procure to be produced, your Hong Kong identity card or the relevant credit card to our representatives, or the occurrence of any material difference between the relevant details of your Hong Kong identity card or credit card and the details you submitted when placing the Purchase Order with us, shall be a material breach by you of the Contract for the sale and purchase of the Goods.
6.4 if the delivery area in your Purchase Order is within the Delivery Zone, then we shall charge you a delivery charge (in addition to the Price) of HK$150.00 (one hundred and fifty Hong Kong dollars) per Purchase Order (if delivery is required by you).
6.5 We will arrange for the Goods to be available for collection or despatched to you (as the case may be) only after we have received payment in full of the Price and any additional costs including delivery charges (if applicable).
6.6 We aim to make the Goods available for collection or to despatch the Goods to you (as the case may be) within twenty-four (24) hours of receiving your Purchase Order and we will use our reasonable endeavours to ensure that the Delivery Date (as notified by us to you) will be not more than seven (7) days after the date upon which we receive your Purchase Order. If, for any reason, we are unable to deliver the Goods to you by the Delivery Date, we shall be entitled to revise the Delivery Date, in which case we shall notify you as soon as possible by e-mail or by telephone of the revised Delivery Date.
6.7 We shall not be liable, in any way whatsoever, for any delay (howsoever caused) in delivery of the Goods after any specified Delivery Date (whether or not the same has been notified or confirmed to you), and further, the Goods may be delivered by us in advance of the Delivery Date upon giving reasonable notice to you. Punctual delivery of the Goods on the Delivery Date shall not be of the essence, unless previously agreed by us in writing. You are bound to accept delivery of the Goods, or any portion thereof, notwithstanding that the Goods are not delivered on the Delivery Date.
6.8 If you fail to take delivery of the Goods within thirty (30) days of the Delivery Date, or if you fail to give us adequate or accurate delivery instructions, then, without prejudice to any other right or remedy available to us, we may :
6.8.1 store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
6.8.2 cancel your Purchase Order and charge you for any additional expenses incurred by us as a result of such inadequacy or inaccuracy or failure to take delivery.
6.9 In the event that the Goods are to be delivered to the Delivery Address, the risk of damage to or loss of the Goods shall pass to you at the time the Goods are delivered. If the Goods are damaged in transit, you must notify us at: email@example.com within twenty-four (24) hours of delivery of the Goods to you. Unless we hear from you to the contrary within this period, the Goods will be deemed to have been received by you undamaged.
6.10 We only deliver Goods to Hong Kong Island, Kowloon, New Territories, Lantau Island (Tung Chung and Chek Lap Kok Airport only) (collectively "Delivery Zone") and we do not deliver Goods to Ma Wan, all outlying islands (except the limited locations at Lantau Island as specified hereinbefore) and any restricted areas, restricted zones or any area the entry or access or which require any permit or license. Delivery service will not be available to areas that cannot be reached by vehicles or premises that are on the third or higher floors that do not have lifts/escalators access. The Delivery Zone is subject to change from time to time as we in our sole and absolute discretion consider appropriate.
7. Warranty and Liability
7.1 Subject to the provisions of this Clause 7 and to the other provisions of these terms and conditions, we warrant that, as at the time of delivery, the Goods will be of merchantable quality and fit for any purpose made known to us at the time your Purchase Order is placed, provided that we shall not be liable, in any way whatsoever, to you or to any other person:
7.1.1 in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the Goods / Redemption Goods without our prior approval in writing;
7.1.2 under any warranty, condition or guarantee in respect of the Goods (including, but not limited to, the warranty set out in this Clause 7.1) if the Price has not been paid in full by the due date therefor;
7.1.3 by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of us, our employees or agents or otherwise) which arise out of or in connection with the supply of the Goods, or their use or resale, by you, except as specifically provided in these terms and conditions.
7.2 Any claim by you which is based on any defect in the quality or condition of the Goods, or any shortage in quantity of the Goods delivered, shall be notified to us within seven (7) days from the date on which the Goods are delivered to you, failing which:
7.2.1 the Goods shall be deemed to be delivered to you in the quantity agreed between you and us and stated in the Purchase Order; and
7.2.2 the Goods shall be deemed to be free of any defect in quality or condition and to correspond to and conform with all specifications set out in the Purchase Order; and
7.2.3 you shall be deemed to have waived all rights, and remedies, which you may have in respect of the Goods, and shall not be entitled to reject or make any claim, of any nature whatsoever, in respect of the Goods; and
7.2.4 we shall not be liable, in any way whatsoever, to you or to any other person, in respect of the quality and condition of the Goods or their correspondence, or conformity, with any specification set out in the Purchase Order; and
7.2.5 you shall be bound to pay the Price in accordance with the Contract.
7.3 Where you notify us in accordance with Clause 7.2 of any claim in respect of any of the Goods on the basis of any defect in the quality or condition of the Goods, we shall be entitled, in our sole and absolute discretion, to either:
7.3.1 replace the Goods, free of charge to you; or
7.3.2 refund the amount as has already been paid by you to us in respect of the Goods;
and our obligations provided in sub-clauses 7.3.1 and 7.3.2 shall be the extent of our liability, and we shall not be liable, in any other way whatsoever, to you, or to any other person, in respect of the Goods.
7.4 Any of the Goods may be subject to minor colour variations from the digital images which appear on this website. Such variations shall not be deemed to be defects or a breach of the warranty contained in Clause 7.1.
7.5 Any and all conditions and warranties, whether express or implied by statute, common law, trade usage, or otherwise, including warranties of merchantability or of fitness for a particular purpose, and any and all additional damages, compensation or indemnification, other than such conditions, warranties and liability for damages, compensation and indemnity as are expressly provided for in these terms and conditions, are, insofar as permitted by law, hereby expressly excluded.
7.6 if we elect to replace the Goods pursuant to sub-clause7.3.1, you shall be responsible for arranging for the Goods to be returned to our premises (at your cost and expense) within seven (7) days of our notification that the Goods are to be replaced. Provided that the Goods are received by us within the said seven (7) days period, we will replace the Goods, free of charge to you, within thirty (30) days of its return.
7.7 If we elect to refund to you the Price of the Goods pursuant to sub-clause 7.3.2, you shall be responsible for arranging for the Goods to be returned to our premises (at your cost and expense) within seven (7) days of our notification that the Price of the Goods will be refunded Provided that the Goods are received by us within the said seven (7) days period, we will refund to you the Price of the Goods in respect of the Goods, within thirty (30) days of its return.
7.8 When returning any Goods to us, the Goods must be fully insured against accidental damage or loss and you are responsible for arranging this. You may arrange this through us. Please let us know if you want us to arrange this. All return delivery and insurance costs must be paid by you.
We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at firstname.lastname@example.org. We will try to do our best to solve any problems that arise.
9.2 Save as expressly provided in these terms and conditions, no amendment or variation of these terms and conditions shall be valid or effective unless approved in writing by us.
9.3 Any failure or delay by us to exercise or enforce any right under these terms and conditions shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.
9.4 In case of any discrepancy occurring between the Chinese and the English versions of the Terms and Conditions, the English version shall prevail.
9.5 These Terms and Conditions shall be governed and interpreted by the laws of the Hong Kong Special Administrative Region. You hereby irrevocably submit to the non-exclusive jurisdiction of the Hong Kong Courts in connection with any disputes arising from or in connection with these Terms and Conditions.