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1. Our Contract

1)       These Terms and Conditions govern the supply of goods sold by yourShaver.com Hong Kong (“we” and “us”) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto.

2)        All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.

 

2. Price

1)       The price payable for the goods you order is as set out on our web site at the time you place your order or, if you order from one of our catalogues, as set out in the catalogue from which you order provided it is a current catalogue, plus any charges for delivery as advised to you.

2)       Prices are correct at time of going to press, and we reserve the right to update prices in future catalogues which will then supersede the prices in this catalogue. We also reserve the right to change the price of commodity goods, at any time due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.

3)       On occasion, the prices payable for goods advertised on our web site may differ from those prices offered in the then current catalogue or in one of our trade counters, and we are under no obligation to honor any web site price if there is such a difference. Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.

4)       Occasionally an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.

5)        We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.

6)       Even if we have provided you with credit previously we reserve the right to refuse to complete any order if payment of the account or your credit rating is not satisfactory to us.

7)       You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.

8)       We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from you to us.

9)       The format of our invoice and statements to you will solely be dictated by us and we will not enter into any variation of our format unless any proposed variations are requested in writing at least six months in advance and unless expressly agreed by us.

 

3. Liability

1)      If you have notified us of a problem with the goods within 48 hours of delivery, we will either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.

2)      We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption; neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.

3)     This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.

4)     Goods are intended for use in the HK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the HK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.

5)     If you are a trade customer and subject to above Clauses, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.

 

4. Limited Companies Guarantee

1)     Those signing the Trade Credit Account Application Form on behalf of limited companies agree and guarantee that they will pay all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations.

2)     If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.

 

5. Age Requirements for Specific Goods

Where you place an order for age-restricted goods such as solvents and knives, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.

 

6. Termination

We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.

 

7. Force Majeure

We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

 

8. General

1)     All Export Orders are at Customer's risk once they leave Hong Kong. If you wish we will seek insurance for the goods in your name at your expense.

2)      If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with laws of Hong Kong Special Administrative Region of Peoples’ Republic of China, excluding its conflict of laws provisions

 

9. Privacy Policy

1)     Our Commitment to Privacy: yourShaver.com is committed to protecting your personal data privacy in accordance with the Personal Data (Privacy) Ordinance (Cap 486) (“the Ordinance”) of the Hong Kong Special Administrative Region of Peoples’ Republic of China and internationally recognized standards of personal data privacy protection.

2)     Data Collection: In order for yourShaver.com to provide services to our Members or Subscribers, it is necessary for our registered Members or Subscribers to supply yourShaver.com with personal data during the registration process. Personal data collected by yourShaver.com includes but is not limited to the following:

-          Name

-          Contact address

-          Telephone, mobile number and/or fax number

-          Email address

-          Identity reference

-          Payment record

-          Bank account number and account holder name

-          Credit card number, name of bank and expiry date

 

3) Use of Personal Data: The main purposes for which personal data may be used by yourShaver.com are:

-          Processing of the registration or subscription for our services and termination thereof;

-          Incorporating into our user database;

-          Handling of service calls, enquiries and complaints;

-          Daily operation for provision of our services;

-          Conducting service surveys;

-          Billing and collecting payment;

-          Direct marketing;

-          To make disclosure as required under any law binding on yourShaver.com; auditing; and other related purposes

 

4) Use of Personal Data for Direct Marketing

yourShaver.com may from time to time post or deliver to you direct marketing materials based on your personal data provided to us. If you do not want to receive those direct marketing materials, please advise our Personal Data Protection Officer by writing or by e-mail to us, or selecting the appropriate option under our member registration.

 

5) Access and Correction of Personal Data

The Ordinance provides you the rights to ascertain whether yourShaver.com is holding your personal data and to correct any data that is inaccurate and not up to date. You may contact on Personal Data Protection Office in writing or by email to us or access and correction to your personal data.

 




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