| 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/Macau SAR; and |
| |
|
|
|
| |
|
1.2.2 |
warrant and represent that the name
on your Hong Kong or Macau 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 you are
the owner of any electronic coupon, which is honoured by us (“e-Coupons”),
that you have used (if applicable) when placing a Purchase Order with
us; |
| |
|
|
|
| |
|
1.2.4 |
warrant and represent that the details
of your Hong Kong or Macau identity card / passport correspond with
the relevant details you have submitted when placing the Purchase
Order with us; and |
| |
|
|
|
| |
|
1.2.5 |
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 and/or e-Coupon 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, and the Goods specified in your
Purchase Order will be reserved or you and dealt with in accordance
with Clause 2.6. |
| |
|
|
|
| |
2.5 |
If none of the Goods specified
in your Purchase Order are currently available, then your Purchase
Order will not be accepted, and the Goods specified in your Purchase
Order will be reserved for you and dealt with in accordance with Clause
2.6. |
| |
|
|
|
| |
2.6 |
If any Goods specified
in your Purchase Order are not currently available, then they will
be reserved for you (the "Reserved Goods"). We will endeavour
to obtain the Reserved Goods for you as soon as possible.
Once we have obtained the Reserved Goods, we will notify you by
email or contact you by telephone, and you will be invited to revise
and re-submit your Purchase Order for the said Reserved Goods. Any
such Purchase Order must be submitted by you through this Website
within five (5) days of our email notification to you that the Reserved
Goods are available, failing which we will presume that you do not
wish to proceed with your Purchase Order, and we will cease holding
the Reserved Goods for you and be under no further obligation to
you in respect of the same. |
| |
|
|
|
| |
2.7 |
Notwithstanding any of
the provisions of Clauses 2.1 to 2.6, 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. |
| |
|
|
|
| |
2.8 |
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. |
| |
|
|
|
| |
2.9 |
The quantity and description
of and any specification for the Goods shall be those set out in the
Purchase Order Acceptance. |
| |
|
|
|
| |
2.10 |
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. |
| |
|
|
|
| |
2.11 |
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. |
Basis of Redemption Orders |
| |
|
|
|
| |
3.1 |
You may redeem, in Hong
Kong, selected Canon products (“the Redemption Goods”) by using any
Loyalty Points which you may have in your account with us or purchase
Canon products at a special price with the use of Loyalty Points in
your account with us through an electronic on-line order submitted
through this Website (an “Redemption Order”) provided always that
your Redemption Order has been accepted by us in accordance with Clause
4.4, and subject always to these terms and conditions. |
| |
|
|
|
| |
3.2 |
The warranties, representations,
undertakings and agreements set out in Clause 1.2 above shall apply
to Redemption Orders and Redemption Goods. |
| |
|
|
|
| |
3.3 |
We shall have the sole
and absolute right and discretion to determine and decide which products
of Canon can be subject to redemption. Redemption Goods are exhaustively
listed on this website, may be changed from time to time, are subject
to availability and are offered on a first come first served basis.
We do not provide any warranty, representation or guarantee that any
Redemption Goods or any particular product of Canon will be available
for redemption at any particular date or time. In the event of discontinuation
or unavailability of any Redemption Goods, we shall have the right
to substitute the same with alternative product(s) of similar value
and function. |
| |
|
|
|
| |
3.4 |
We shall have the sole
and absolute right to reject any redemption request and/or cancel
or forfeit any Loyalty Points which you may have in your account with
us, including without limitation when there is any breach by you of
any of the terms and conditions herein or if we have reasons to believe
that your use of Loyalty Points may involve any fraud, illegality
or unauthorised acts. |
| |
|
|
|
| |
3.5 |
Except the limited warranties
provided under Clause 11 hereunder, you accept and acknowledge that
we do not provide any representation or warranty of whatsoever nature
(including without limitation service warranties) in connection with
Redemption Goods. |
| |
|
|
|
| 4. |
Placing a Redemption Order |
| |
|
|
|
| |
4.1 |
At the end of the redemption
order form you will be required to click the button marked “I want”
to indicate that you wish to submit a Redemption Order. This will
be your offer to redeem (whether with or without any purchase element)
the Redemption Goods which are the subject of the Redemption Order. |
| |
|
|
|
| |
4.2 |
All Redemption Orders are
subject to sufficiency of Loyalty Points in your online account with
us. You can check your accumulated Loyalty Points from your online
account with us. In the event of insufficient Loyalty Points, the
Redemption Order will not be accepted. |
| |
|
|
|
| |
4.3 |
If the Redemption Order
involves payment, you will be required to enter your credit card details
or confirm that you will use e-Coupons to complete your Order. The
required Loyalty Points and payment will then be respectively debited
from your account with us and in accordance with your payment provided
to us. |
| |
|
|
|
| |
4.4 |
Redemption Orders are further
subject to our acceptance, notwithstanding your provision of your
credit card and/or e-Coupon details to us and/or sufficiency of Loyalty
Points. If your Redemption Order is successful and accepted, we will
send to you a written notification by electronic mail (“Redemption
Order Acceptance”). |
| |
|
|
|
| |
4.5 |
Confirmed Redemption Orders
can neither be changed nor cancelled. When a Redemption Order is accepted,
details of the Redemption Order will be shown on your online account. |
| |
|
|
|
| |
4.6 |
You shall be responsible
to us for ensuring the accuracy of the terms of any Redemption Order
(including any applicable specification) submitted by you, and for
giving us any necessary information relating to the Redemption Goods
to enable us to process your Redemption Order. |
| |
|
|
|
| |
4.7 |
The quantity and description
of and any specification for the Redemption Goods shall be those set
out in the Redemption Order Acceptance. |
| |
|
|
|
| |
4.8 |
Clauses 2.10 and 2.11 shall
also apply to Redemption Orders. |
| |
|
|
|
| 5. |
The On-Line Ordering Service |
| |
|
|
|
| |
5.1 |
We will collect and use
the information which you give to us in your Purchase Order and/or
Redemption 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:- |
| |
|
|
|
| |
|
5.1.1 |
The personal data supplied by you will
be used for the purposes of (i) providing you with the Goods and/or
Redemption 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. |
| |
|
|
|
| |
|
5.1.2 |
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 Canon group, and/or
(iii) any other person under a duty of confidentiality to us. |
| |
|
|
|
| |
|
5.1.3 |
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 Personal Data Officer
Canon Hongkong Company Limited
19th Floor, The Metropolis Tower,
10 Metropolis Drive,
Hunghom,
Kowloon.
Fax: 2428 3963 |
| |
|
|
|
| |
|
5.1.4 |
Nothing in this Clause shall limit
the rights of any person under the Ordinance. |
| |
|
|
|
| |
5.2 |
All Contracts between you
and us for the sale and purchase of Goods, redemption of Redemption
Goods, use of e-Coupons and 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. |
| |
|
|
|
| |
5.3 |
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. |
| |
|
|
|
| 6. |
Payment |
| |
|
|
|
| |
6.1 |
Payment shall be made at
the point of Orders using the following accepted credit cards: Mastercard,
Visa, PPS or by e-Coupons. |
| |
|
|
|
| |
6.2 |
The purchase price of the
Goods / Redemption Goods (if any) ("the Price") shall be
the price set out in the Order Acceptance or Redemption 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 Redemption Goods available for collection, to
increase the Price to reflect any increase in the cost to us of manufacturing
or supplying the Goods / Redemption 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 / Redemption Goods which is requested by you, or any delay of
your instructions or your failure to give us adequate information
or instructions. |
| |
|
|
|
| 7. |
Risk and Property |
| |
|
|
|
| |
7.1 |
Risk of damage to or loss
of the Goods / Redemption 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). |
| |
|
|
|
| |
7.2 |
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. |
| |
|
|
|
| 8. |
Delivery for Purchase Orders |
| |
|
|
|
| |
8.1 |
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 (not applicable to the Consumable Express Order). |
| |
|
|
|
| |
8.2 |
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. |
| |
|
|
|
| |
8.3 |
The Goods shall only be
delivered to you if (not applicable to Consumable Express order): |
| |
|
|
|
| |
|
8.3.1 |
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); |
| |
|
|
|
| |
|
8.3.2 |
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; |
| |
|
|
|
| |
|
8.3.3 |
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 |
| |
|
|
|
| |
|
8.3.4 |
if you have requested another person
to collect the Goods for you, that person produces (in addition
to the items referred to in Clause 6.3.1):
(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. |
| |
|
|
|
| |
8.4 |
Except the Consumable
Express order, if the aggregate Price of all Goods in your Order
is HK$1,000 (one thousand Hong Kong dollars) or more and the delivery
area in your Purchase Order is within the Delivery Zone, we shall
deliver such Goods to you free of charge (if delivery is required
by you). If the aggregate Price of all Goods in your Purchase Order
is less than HK$1,000 (one thousand Hong Kong dollars) and 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$45.00 (forty-five Hong Kong dollars) per Purchase Order (if delivery
is required by you).
For the Consumable Express order, if the aggregate Price of all
Goods in your Order is HK$100 (one hundred Hong Kong dollars) or
more and the delivery area in your Order is within the Delivery
Zone, we shall deliver such Goods to you free of charge. If the
aggregate Price of all Goods in your Purchase Order is less than
HK$100 (one hundred Hong Kong dollars) and 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$10.00 (ten
Hong Kong dollars) per Purchase Order. |
| |
|
|
|
| |
8.5 |
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). |
| |
|
|
|
| |
8.6 |
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 (Not applied
to the Consumable Express 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. |
| |
|
|
|
| |
8.7 |
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. |
| |
|
|
|
| |
8.8 |
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 : |
| |
|
|
|
| |
|
8.8.1 |
store the Goods until actual delivery
and charge you for the reasonable costs
(including insurance) of storage; or |
| |
|
|
|
| |
|
8.8.2 |
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. |
| |
|
|
|
| |
8.9 |
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: cmhk_support@chk.canon.com.hk
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. |
| |
|
|
|
| |
8.10 |
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. The Delivery Zone is subject
to change from time to time as we in our sole and absolute discretion
consider appropriate. |
| |
|
|
|
| 9. |
Collection of Redemption
Goods |
| |
|
|
|
| |
9.1 |
Redemption Goods under
an accepted Redemption Order will normally be available for collection
at our designated service centres and/or shops seven (7) business
days from the date the Redemption Order Acceptance is sent to you.
It may however take a longer time before such Redemption Goods can
be collected, and the said seven (7) days does not constitute any
guarantee from us. We shall not be liable, in any manner whatsoever,
for any delay in the availability of the Redemption Goods for collection.
You are bound to collect the Redemption Goods, or any portion thereof,
notwithstanding that they are only available for collection more than
seven (7) days from the date of the Redemption Order Acceptance. |
| |
|
|
|
| |
9.2 |
We will arrange for Redemption
Goods to be available for collection only after we have received payment
in full of any purchase price required. |
| |
|
|
|
| |
9.3 |
Redemption Goods must be
collected from us within thirty (30) days from the date of the Redemption
Order Acceptance, unless it took longer than seven (7) days from the
date of the Redemption Order Acceptance for the Redemption Goods to
be ready for collection, in which case the collection period shall
be extended as per the additional waiting time. If you fail to collect
the Redemption Goods within the stipulated period, then without prejudice
to any other rights or remedies available to us, we may, in our sole
and absolute discretion, dispose of or destroy the uncollected Redemption
Goods or make the same available for redemption by third parties without
any obligation or responsibility to you, including without limitation
refund of any purchase price paid or back credit of any Loyalty Points
deducted. |
| |
|
|
|
| |
9.4 |
You are required to show
and present the Redemption Order Acceptance to our representative
when collecting the Redemption Goods. |
| |
|
|
|
| 10. |
Terms and Conditions of
Use for e-Coupons |
| |
|
|
|
| |
10.1 |
e-Coupons can only be used
at this website, or any such other website(s) which we may designate
from time to time, towards the purchase of certain eligible products.
e-Coupons cannot be used for any in-store purchase at Canon Image2,
Canon Pro Solution Hub or at any Customer Care Centre. |
| |
|
|
|
| |
10.2 |
e-Coupons have to be used
within and will expire after their validation period. No refund or
extension will be given for any expired e-Coupons. |
| |
|
|
|
| |
10.3 |
You may check the availability
of any e-Coupons which you may have your online account with us. |
| |
|
|
|
| |
10.4 |
e-Coupons cannot be reloaded,
resold, exchanged, transferred, assigned, redeemed or converted to
cash or applied to any account, except to the extent required by law.
e-Coupons cannot be used to purchase new e-Coupons. |
| |
|
|
|
| |
10.5 |
The risk of loss and title
of e-Coupons pass shall pass to you at the moment we credit the same
into your online account with us. To the furthest extent permitted
by law, we disclaim all responsibilities, obligations and liabilities
arising from loss of or stolen e-Coupons. |
| |
|
|
|
| |
10.6 |
The use of e-Coupons shall
at all times be subject to these Terms and Conditions and our Terms
of Use of Website and Privacy Policy, which may be changed from time
to time as we consider appropriate. |
| |
|
|
|
| |
10.7 |
Where there is reason to
believe that the use of any e-Coupons may involve any fraud, illegality
or unauthorised acts, we shall have the right to refuse use of such
e-Coupons pending investigations and shall have the right to request
payments be made by alternative ways. |
| |
|
|
|
| 11. |
Warranty and Liability |
| |
|
|
|
| |
11.1 |
Subject to the provisions
of this Clause 11 and to the other provisions of these terms
and conditions, we warrant that, as at the time of delivery, the Goods
/ Redemption Goods will be of merchantable quality and fit for any
purpose made known to us at the time your Purchase Order and/or Redemption
Order is placed, provided that we shall not be liable, in any way
whatsoever, to you or to any other person:- |
| |
|
|
|
| |
|
11.1.1 |
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; |
| |
|
|
|
| |
|
11.1.2 |
under any warranty, condition or guarantee
in respect of the Goods (including, but not limited to, the warranty
set out in this Clause 11.1) if the Price has not been paid in full
by the due date therefor; |
| |
|
|
|
| |
|
11.1.3 |
under any warranty, condition or guarantee
in respect of any Redemption Goods whether or not any price has been
paid; or |
| |
|
|
|
| |
|
11.1.4 |
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 /
Redemption Goods, or their use or resale, by you, except as specifically
provided in these terms and conditions. |
| |
|
|
|
| |
11.2 |
Any claim by you which
is based on any defect in the quality or condition of the Goods /
Redemption 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 / Redemption Goods are delivered to you, failing which:-
|
| |
|
|
|
| |
|
11.2.1 |
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 |
| |
|
|
|
| |
|
11.2.2 |
the Goods / Redemption 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
/ Redemption Order; and |
| |
|
|
|
| |
|
11.2.3 |
you shall be deemed to have waived
all rights, and remedies, which you may have in respect of the Goods
/ Redemption Goods, and shall not be entitled to reject or make any
claim, of any nature whatsoever, in respect of the Goods / Redemption
Goods; and |
| |
|
|
|
| |
|
11.2.4 |
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 / Redemption Goods or their correspondence,
or conformity, with any specification set out in the Purchase / Redemption
Order; and |
| |
|
|
|
| |
|
11.2.5 |
you shall be bound to pay the Price
in accordance with the Contract. |
| |
|
|
|
| |
11.3 |
Where you notify us in
accordance with Clause 11.2 of any claim in respect of any of the
Goods / Redemption Goods on the basis of any defect in the quality
or condition of the Goods / Redemption Goods, we shall be entitled,
in our sole and absolute discretion, to either : |
| |
|
|
|
| |
|
11.3.1 |
replace the Goods / Redemption Goods,
free of charge to you; or |
| |
|
|
|
| |
|
11.3.2 |
refund to you such amount as has
already been paid by you to us and credit back the loyalty points
to your account which has been deducted (if applicable) in respect
of the Goods / Redemption Goods;
and our obligations provided in sub-clauses 11.3.1 and 11.3.2 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 / Redemption Goods. |
| |
|
|
|
| |
11.4 |
Any of the Goods / Redemption
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 11.1. |
| |
|
|
|
| |
11.5 |
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. |
| |
|
|
|
| |
11.6 |
Except the Consumable
Express order, if we elect to replace the Goods pursuant to sub-clause
11.3.1, 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) day period, we will replace the Goods, free of charge to you,
within thirty (30) days of its return.
For the Consumable Express order, if we elect to replace the Goods
pursuant to sub-clause 11.3.1, you shall return the Goods to our
premises while receiving the replaced Goods. Otherwise, our premises
may not despatch the Goods. |
| |
|
|
|
| |
11.7 |
If we elect to refund to
you the Price of the Goods pursuant to sub-clause 11.3.2, you
shall be responsible for arranging for the Goods / Redemption 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 / Redemption
Goods will be refunded Provided that the Goods / Redemption Goods
are received by us within the said seven (7) days period, we will
refund to you the Price of the Goods / Redemption Goods and credit
back the loyalty points to your account which has been deducted (if
applicable) in respect of the Goods / Redemption Goods, within thirty
(30) days of its return. |
| |
|
|
|
| |
11.8 |
When returning any Goods
/ Redemption Goods to us, the Goods / Redemption 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. |
| |
|
|
|
| 12. |
Copyright
The sale of any Goods or agreement to redemption of any Redemption
Goods shall not include any right, title or interest in any of the
intellectual property rights found in or relating to such Goods
/ Redemption Goods. All such copyright and other intellectual property
rights shall at all times remain our property. We assert our moral
right to be identified as the author, both generally and in relation
to any of the Goods / Redemption Goods. Reproduction of any Goods
/ Redemption Goods in any manner is not permitted. |
| |
|
|
|
| 13. |
Enquiries
We aim to provide you with a quality service. If, however, you
feel that you have cause to complain, you can contact us at cmhk_support@chk.canon.com.hk.
For questions relating to Loyalty Points, you can contact us at
club_canon@chk.canon.com.hk.
We will try to do our best to solve any problems that arise. |
| |
|
|
|
| 14. |
General |
| |
|
|
|
| |
14.1 |
These terms and conditions
constitute the entire understanding between us in respect of the subject
matter of the sale of Goods from us to you, redemption of Redemption
Goods and/or use of e-Coupons and supersede all prior terms and conditions
(except the Terms of Use of this Website). |
| |
|
|
|
| |
14.2 |
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. |
| |
|
|
|
| |
14.3 |
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. |
| |
|
|
|
| |
14.4 |
In case of any discrepancy
occurring between the Chinese and the English versions of the Terms
and Conditions, the English version shall prevail. |
| |
|
|
|
| |
14.5 |
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. |
| |
|
|
|