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Terms and Conditions of Sale

EHK Online Shop Policy
Terms and Conditions of Sale

(1) INTRODUCTION

This Policy contains the terms and conditions of sale ("these T&Cs") applicable to the on-line shop (the "Shop') purchases from Epson Hong Kong Limited (the "EHK") with its registered office at 715-723, 7/F., Trade Square, 681 Cheung Sha Wan Rd., Cheung Sha Wan, Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). These T&Cs shall apply together with EHK's General Website Terms and Conditions of Use and the EHK's policy on personal data.

(2) OFFER AND ACCEPTANCE

(A) These T&Cs shall apply to a transaction constituted by the acceptance by EHK of an Order (as defined hereinbelow) made by the Buyer (as defined hereinbelow) for purchase of consumable products ("Products") (as shown at https://www3.epson.com.hk/eshop/index.html) from EHK through EHK's web site at http://www.epson.com.hk and any associated web page thereof (collectively called the "Site"). In respect of an Order Form (being the form as shown at https://www3.epson.com.hk/eshop/shoppingcart.html) on the Site, the completion of such Order Form by the person whose name is specified in such Order Form (the "Buyer") shall constitute an offer by the Buyer to purchase from EHK the Products (the "Order"). Conditional upon EHK being satisfied that the payment authorization from the Buyer's credit card issuer is in order, EHK may accept the Order and notify the Buyer of its acceptance of the Order. The acceptance by EHK of an Order shall constitute an agreement between EHK as seller and the Buyer as buyer for the sale by EHK to the Buyer, and the purchase by the Buyer from EHK, of the Products upon these T&Cs (an "Agreement"). For each Order, these T&Cs and the terms set out in an Order Form to which such Order relates shall constitute the complete and entire Agreement between EHK and the Buyer. Under an Agreement, EHK and the Buyer are bound by these T&Cs as if these T&Cs were incorporated into, and expressly stated in, such Agreement so that "each Order", "any Order", "an Order" or "such Order" and "each Agreement", "any Agreement", "an Agreement" or "such Agreement" referred to herein and in these T&Cs shall, mutatis mutandis, be construed to mean "the Order" and "the Agreement" respectively.

(3) PRICES

Unless stated otherwise, the price to be paid by the Buyer for the Products under an Agreement will be EHK's selling price prevailing on the date of receipt by EHK of the Order Form to which such Agreement relates.
EHK will notify the Buyer of any error in any of the prices stated on the Site. EHK will use its best effort to ensure that the prices stated for the Products on the Site are accurate but will not be liable for any error in the price of any Products.
EHK reserves the right to change its prices from time to time without prior notice.

(4) STOCK AVAILABILITY

If the Products under an Order or an Agreement are unavailable, EHK will contact the Buyer to discuss possible solutions including revision of the delivery dates or cancellation of the Order or the Agreement. The Buyer agrees that it will accept any solution proposed by EHK and it shall not make any claims for compensation or damages whatsoever against EHK arising from or in connection with the non-delivery or late delivery of the Products or cancellation of the Agreement.

(5) ORDER INFORMATION AND REJECTION

(A) Each Order must be placed via the Order Form provided on the Site and must specify the information requested, including (but without limitation):-
(a) the personal information of the Buyer,
(b) quantity and description of the Products ordered,
(c) the full address to which the Products are to be delivered (including the number and name of the street),
(d) current billing address to which the credit card statements are to be sent.
The Buyer shall provide true and correct information requested on the Order Form before an Order is processed by EHK.
(B) EHK will reject an Order if in respect of which,
(a) EHK has reasonable cause to believe that the Products are bought for resale purpose;
(b) the Buyer does not offer to pay by one of the credit cards listed on the Site; or
(c) EHK does not receive from the Buyer's credit card issuer a confirmation or authorization as to the payment, or EHK does not receive any payment, for the Products.
(C) After the receipt of, an Order but, without any obligation or liability to accept the Order, EHK may send, by e-mail to the Buyer's last known email address, a notice to the Buyer acknowledging receipt of the Order, but such acknowledgment shall not constitute an acceptance of the Order or the making of an Agreement. EHK reserves the right to reject any Order. If EHK does not accept an Order for any reason, it will inform the Buyer by the same method it notifies the acknowledgment.

(6) DELIVERY

(A) Unless stated otherwise, delivery of the Products to the nominated address, include Hong Kong Island, Kowloon, Urban Town Centres along KCRC & LRT routes only, will be performed within seven (7) Business Days after the date EHK notifies the Buyer of its acceptance of an Order (the "Designated Schedule"). "Business Day" means Monday to Friday only and except holidays as set out under relevant laws and rules by the government of Hong Kong and EHK.
The Buyer agrees that EHK shall have the right to set priority of deliveries and allocate the availability of Products among the different Orders or Agreements as to the date and quantity of deliveries and the types of Products to be delivered.
If an Order under an Agreement is not delivered on the date within the Designated Schedule, the Buyer shall contact EHK at: EPSON Online Shop Hotline 2827-8711 or onlineshop@epson.com.hk but EHK shall have no obligation to inform the Buyer that the Designated Schedule is not met.
Without prejudice to the laws and equity, the Buyer agrees that if, under an Agreement, the Products cannot be successfully delivered to any nominated address stated in the Order Form to which such Agreement relates for more than three (3) months from the due date for delivery according to the Designated Schedule, irrespective of whether the Products have been paid for or not, EHK shall have the right to re-sell the Products to third party (without prior notice to the Buyer).
The Buyers agrees that it will indemnify EHK for and against any loss, damage, charges and expenses incurred or payable by EHK arising from any such breach (including the storage and maintenance fees incurred by EHK for the Products) ("Damages, Charges and Expenses"). Without being obliged to do so, EHK shall be entitled to apply any sums received from a re-sale (the "Sums") to set off the Damages, Charges and Expenses in the first priority. If, after the set off, the Damages, Charges and Expenses remain unsatisfied, EHK shall have the right to claim against the Buyer the balance of the Damages, Charges and Expenses.
(B) In respect of an Agreement, EHK shall have the right to deliver the Products by instalments or by partial delivery and the Buyer shall be obliged to accept the Products delivered notwithstanding that

(i) such Agreement does not provide that the delivery will be made by instalments or by partial delivery; or

(ii) such Agreement provides for delivery of the whole of the quantity of the Products; or

(iii) the Buyer shall have already paid the price of the whole of the quantity of the Products in full prior to the delivery of the Products.

(C) In the event that the Buyer has paid for the Products and EHK shall exercise its right of re-sale in respect of such Products, the following clauses shall apply:

(a) the Buyer agrees to confer on EHK the authority to sell the Products and to pass the title and property of the Products to any third party who shall purchase the Products;

(b) the Buyer agrees that:

(i) the Buyer's claim in respect of the Products resold shall be in damages only which shall be in respect of the balance of the price of the Products (stated in the Designated Schedule) paid by the Buyer to EHK (after deducting therefrom the Damages, Charges and Expenses);

(ii) any purchaser of any Products from EHK arising from such re-sale(s) shall not be concerned nor need to enquire as to whether EHK has the right or title to the Products or has the authority to sell the Products or whether the property of the Property has passed to EHK for resale purposes;

(iii) any third party purchasing the Products in any resale from EHK shall have good title to the Products sold by EHK.

(7) PAYMENT

(A) Payment for the purchase of the Products can be made only by credit cards from VISA or MasterCard.
(B) The Buyer hereby authorizes and consents that EHK or EHK's online payment agent will verify the credit card information submitted by the Buyer. The Buyer agrees that it will submit to EHK and/or its online payment agent such information as may be reasonably requested by EHK and/or its online payment agent for the authorization and verification of the Buyer's credit card purchases.
(C) If a dispute arises over any payment by the Buyer for the Products whether relating to the Buyer's credit card, the Buyer's credit card issuer or for any other reasons, or if in the opinion of EHK, any event specified in Clause 5(B) or Clause 17(g) of these T&Cs has occurred or will or may occur or EHK is unable to obtain payments for the Products or payment authorization from the Buyer's credit card issuer, EHK shall be entitled, at its discretion, to delay or cancel any Order confirmed or accepted by EHK or cancel any Agreement or cancel or delay the delivery of any Products under any Agreement.

(8) QUALITY AND PURPOSE

(A) Except as implied under Section 16(2) of the Sale of Goods Ordinance (as being in force as at 1 February 2007) that the Products are of merchantable quality, EHK gives or makes no conditions, warranties, guarantees or representations relating to the quality, description or performance or characteristics of the Products.
(B) The Buyer acknowledges that it does not make known, and has not made known, expressly or by implication, to EHK any particular purpose for which the Products are being bought and there is no condition for the sale of the Products that the Products to be supplied under an Agreement are reasonably fit for that purpose. The Buyer further acknowledges that it does not rely, and has not relied, on EHK's skill or judgment for the Products or the supply thereof. The Buyer further acknowledges and declares that there is no antecedent negotiations for the terms of the sale of the Products between the Buyer and EHK or anybody else prior to the Buyer placing any Order. The Buyer solely relies on its own skill and judgment in deciding whether it would place any Order for purchase of the Products.

(9) NO CANCELLATION OF ORDERS

Each party agrees that if in respect of an Agreement, the Products have already been delivered to the Buyer, except with the written consent of EHK or as provided in Clause 7(C) or clause 10 hereof, no cancellation of such Agreement or refund of any payment for the Products or return of the Products will be permitted.

(10) DEAD ON ARRIVAL ("DOA")

In relation to an Agreement, the Product is deemed to be DOA if it fails to function according to its specifications and such malfunction is notified to EHK within seven (7) days of the date of delivery specified in the Designated Schedule.

If the Buyer in its reasonable opinion and in good faith believes that a Product is DOA, he must, within seven (7) days of the last date of delivery specified in the Designated Schedule, call EHK's customer service by telephone at 2827-8711 to report the DOA status. EHK will arrange a replacement product to the Buyer promptly upon receipt of the Products that EHK considers to be DOA.

(11) CHARGES AND TAXES

In respect of an Agreement, EHK will arrange delivery of the Products to the Buyer subject to these T&Cs. For an Order under an Agreement which is, delivery charges will be applicable and subject to the charge amount listed in the Delivery Charge Lists of the Checkout (as shown in the attached exhibit [http://www3.epson.com.hk/eshop/faq.html]).

Delivery charges to the nominated address of the Buyer specified in the Designated Schedule will be advised to the Buyer on the Order Confirmation pages of the Site.

Except for the delivery charges provided in this Clause, EHK shall not be liable for any taxes or any expenses relating to the Products. The Buyer shall indemnify EHK for and against any charges, expenses and costs incurred or to be incurred by EHK arising from the delivery of the Products under an Agreement (except the delivery charges provided in this Clause).

(12) BUYER'S ACCEPTANCE OF PRODUCTS

If EHK does not receive any notice as provided in Clause 10 or any other defective notice within ten (10) days after the last date of delivery specified in the Designated Schedule, the Products are deemed to be duly accepted by the Buyer.

(13) PROPERTY, TITLE AND RISKS

(A) The property and title to the Products under an Agreement shall remain vested in EHK until the Buyer has paid in full the full price of the Products as well as all other payments due to the EHK. EHK reserves all the rights including intellectual property rights to the Products. For the avoidance of doubt, the sale of the Products to the Buyer does not constitute or render EHK conferring or granting any intellectual property rights or any other similar rights to the Products or otherwise to the Buyer.

(B) In respect of an Agreement,

risk passes to the Buyer when the property of the Products is transferred to the Buyer, irrespective of whether delivery of the Product has been made to the Buyer or not

(14) TERRITORY

No Products will be delivered to places or addresses outside Hong Kong. In the event that EHK has made an Agreement for deliveries of the Products to such a place or address, EHK shall not have any obligation to deliver the Products to such place or address and shall be entitled to cancel such Agreement at its sole discretion. The Buyer shall have no claim against EHK for any loss, damage, costs or expenses arising from the cancellation or non-delivery of the Products.

(15) AMENDMENTS AND INTERPRETATION

EHK may revise this Policy and these T&Cs from time to time. The Buyer should therefore visit the Site and read the related information on the Site to familiarize themselves with any such revisions before making any Order. EHK shall have the right to remove, update or amend any part of the Site and any information shown or posted or contained on the Site without giving any prior or subsequent notice.

EHK shall have the right to interpret the meanings of all these T&Cs as well as any Agreement. EHK shall also have the right to make all final and conclusive decisions in relation to any disputes, directly or indirectly, in connection of, arising out of or concerning the Products.

(16) PRODUCT WARRANTY

For full details on warranty of repair or maintenance services applicable to the Products, please obtain such details from www.epson.com.hk.

(17) OTHER TERMS

(a) EHK will deal with all personal information or data of the Buyer according to the requirements of Personal Data Privacy Ordinance (Cap. 486 of laws of Hong Kong).

(b) EHK shall not be liable in any manner for the failure or delay in the fulfillment of all or part of any Agreement or in the discharge or performance of its obligations or in the compliance or observation of any terms or conditions of any Agreement, directly or indirectly, owing to any cause or circumstance beyond its control, including, but not limited to, acts of God, governmental orders or restrictions, war, war-like conditions, hostilities, sanctions, revolution, riots, looting, strikes, lockouts, plague or other epidemics, fires and floods.

(c) These T&Cs and each Agreement shall be construed in accordance with and governed with and in all respects by the laws of Hong Kong. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.

(d) The Buyer agrees to defend, indemnify and hold EHK and EHK's directors, officers, agents and employees (collectively "EHK's Personnel"), harmless from and against all losses, liabilities, claims, suits, damages, judgments, costs and expenses (including reasonable attorneys' fees) suffered or incurred by EHK or any of EHK's Personnel or awarded against EHK or any of EHK's Personnel in consequence of or arising out of or in connection with the Buyer's default, non-performance, non-compliance, negligence, alleged breach or breach of any of these T&Cs or any terms or provisions of any Agreement and any other warranties or conditions or obligations under these T&Cs or any Agreement.

(e) These T&Cs shall be effective from 1st April 2007 until as amended or terminated by EHK.

(f) EHK will use its best effort to ensure that the materials or information shown on the Site is accurate as at the date of the issue of the materials or information.

(g) For the avoidance of doubt, EHK may, by written notice to the Buyer sent by whatsoever means, electronically or otherwise, terminate an Agreement forthwith in the event that :

(I) the Buyer (i) is in breach of any of the terms of such Agreement or of these T&Cs or (ii) is unable to pay any of its debts as they fall due or commences negotiations with its creditors with a view to an adjustment of its debts or (iii) any step is taken or proceedings are commenced for the Buyer's winding-up, liquidation, bankruptcy, receivership, administration or protection or relief from creditors or any distress or execution on its property; or

(II) Any event occurs which, in the opinion of EHK, has a material or an adverse effect on the Buyer's financial or other condition.

Termination shall be made without prejudice to EHK's right to claim against the Buyer for any loss, damages, charges or expenses or liabilities incurred by EHK arising from any breach or non-performance by the Buyer prior to the date of the termination. EHK shall not be liable for any loss, damages, charges, expenses or liabilities suffered or incurred by the Buyer arising from or in connection with the termination.

(h) All contents included on the Site, such as texts, graphics, logos, specifications, images and others shall be the property of EHK. Except for the purpose of these T&Cs and an Agreement, no Buyer nor anybody else is allowed to transfer, alter, amend, copy, reproduce, modify, create or publicly display any contents from the Site without EHK's express prior written permission.

(i) Each Order accepted by EHK shall constitute a separate Agreement. In the event that the Buyer has made more than one Order and EHK has made with the Buyer more than one Agreement, EHK shall be entitled (but not be obliged) to treat all the Agreements subsisting contemporaneously at one time to be one Agreement and exercise its rights and the Buyer's obligations under all such Agreements as if they were combined into, and constituting, one single Agreement; in particular, EHK shall be entitled to exercise its right of set off in respect of payments or obligations or liabilities under an Agreement against those under another Agreement.

(j) The Buyer shall not assign, transfer, charge or sub-license an Agreement or any of its right or obligation under an Agreement without the prior written approval of EHK. EHK may assign or transfer any or all of its rights and obligations under an Agreement without restriction.

(k) Failure or delay by EHK in any one or more instances to exercise its rights or remedies shall not constitute any waiver of the same or waiver of subsequent breaches. All rights or remedies available to a party are several and accumulative.

(l) The condition headings are for information only and do not form part of these T&Cs. Unless the context otherwise requires, words in the singular include the plural and vice versa; words importing a particular gender include all other genders; reference to a person includes a body corporate and/or an unincorporated body of persons, and vice versa.

(m) The invalidity or unenforceability of any part of these T&Cs and any Agreement shall not prejudice or affect the validity or enforceability of the remaining provisions of them.

(n) By using the Site, the Buyer expressly consents, accepts and acknowledges that EHK and any data user (on a need-to-know basis) may, at its absolute discretion, disclose any personal information or data (including, without limitation, user ID, address and name) in relevant activities of EHK without prior notice. Buyers also accept that such personal information or data may be used in any communications delivered by EHK and/or its affiliates. EHK and its data users will treat such personal information or data confidentially. If the Buyer wishes to cancel or stop any personal information or data, it can directly contact any staff requesting to opt out and EHK will ensure that such personal information will be destroyed accordingly. After the cessation of this Policy and the Site and other relevant activities, such personal information or data will be destroyed as soon as practically possible.

(o) The Buyer further agrees, acknowledges and consents that EHK may use any or all the information provided to EHK under any Agreement or pursuant to these T&Cs (including its personal data) (the "Information") for the purpose stated in these T&Cs, the Order and such Agreement and for whatever other purposes that EHK deems fit including for EHK and its other companies within EHK's group or EHK's or its group's associated or affiliated companies ("Epson Group") to conduct promotion of other products to the Buyer or to any other party and the Buyer further agrees and consents that EHK may disclose the Information to any members of the Epson Group for the purposes stated herein.

For details , please call EPSON Customer Hotline 2827-8911.