PLEASE READ THESETERMS AND CONDITIONS OF SALE CAREFULLY BEFORE MAKING YOUR DECISION TO PURCHASE.
1. General
1.1 This Website is intended only for consumers wishing to order Philipsbranded domestic appliances products(“Products”) online for delivery in Hong Kong Special Administrative Region of the People's Republic of China from Versuni Hong Kong Ltd., with its registered office at 19/F, One Kowloon, 1 Wang Yuen Street, Kowloon Bay, Kowloon, Pak Shek Kok Nt, Hong Kong (“Versuni”).
1.2 By placing an order through the Philips Domestic Appliances OfficialE-shop (https://www.philips-da.com.hk/)(“Website”), you accept and agree to be legally bound by the Terms of Use, Terms and Conditions of Sale, Privacy Notice, Cookie Notice and any other terms and conditions published on this website. If you do not agree and/or accept any of these terms and conditions, do not use our online store services.
1.3 Versuni reserves the right to change these terms and conditions at any time without prior notice. Such changehowever will have no effect on orders that were submitted before posting ofsuch revised terms and conditions on this Website.
2. Formation of contract
2.1 You may place an order by filling in the order form on the Website after logging into or creating your personal account. When you place yourorder, Versuni will issue you with a Web Order Number via the Website. Pleasenote that such a Web Order Number is supplied for reference purposes only anddoes not constitute our acceptance of your order.
2.2 By placing an order, you make an offer to us to purchase theProducts you have selected on these terms and conditions. Versuni may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on youand cannot be cancelled after order submission.
2.3 If Versuni accepts your order, Versuni will notify you of ouracceptance by issuing an order confirmation by email. The contract isformed when we give you a confirmation notice by e-mail.
2.4 Products are while stocks last. If, for any reason, any or all of the products you have ordered are out of stock, or if there is an error in price, product description or promotion, we may cancel and refund your order.
2.5 This Website is only for online sales to consumers who are endusers. You are not supposed to purchase Products from the Website for resale.If we have reasonable grounds to believe that the Products you are purchasingare not for your own use, we may refuse or cancel your order.
2.6 Please note that the on-screen display of the colours or designs ofproducts may differ from the actual appearance or size of products offered onthe Website.
3. Prices andPayment
3.1 The price of the Products shall be based on the date and time youplace your order stated on the Website. All prices are in HKD. Prices published on the website do not include delivery fees. Deliveryfees will be calculated separately as applicable and specified on the orderform and added to the total price of the order.
3.2 You may pay for your Products by the methods of payment as may be displayed on the payment page of the Website.By proceeding with the payment, you also agree to the terms and agreements ofthe designated payment service provider, if any.
3.3 The prices of the Products may change from time to time. A pricechange will not affect any order already confirmed by us via sending you aconfirmation letter.
3.4 A large number of products are available on our website. Despite our reasonable efforts, there is always the possibility that some of the Products listed on our website may be priced incorrectly. If Versuni finds that product isincorrectly priced on this website, we will inform you and you can choose tocontinue purchasing the item at the correct price or to cancel the order. Versuniwill not process the order until Versuni have received your instructions. If Versuniis unable to reach you through the contact information you provided during theorder processing, the order will be deemed cancelled and you will be notifiedin writing. Please note that Versuni is not required to provide you with thewrong (lower) price if the price is clearly mispriced and you should reasonablybe able to believe that the price is mispriced.
4.Delivery of Your Products
4.1 We will only deliver your order as per the contact information and delivery address registered on your order. You can choose either SF Express or Standard Delivery. Due to the limitation of delivery area, Versuni may change your choice of delivery method without prior notice.
4.1.1 If we deliver products to you by SF Express, you can check the corresponding waybill number in "My Order Records"on this Website and check the delivery status via the SF Express "WaybillTracking" system: https://htm.sf-express.com/hk/tc/dynamic_function/waybill/. You shall refer to the SF Waybill Terms andConditions https://htm.sf-express.com/hk/tc/use_clause/waybill_clause.html for the shipment rules of SF Express.
4.1.2 If we deliver products to you by Standard Delivery, another logistics company we entrusted will make the delivery appointmentwith you within 4 business days after your order is confirmed by us. Standard Delivery service is available from 9: 00 am to 6:00 pm, Monday to Saturday, except Sundays and public holidays.
4.2 The logistics company may contact you by phoneor SMS to confirm the delivery arrangement. Please ensure that a valid mobile phone number is filled in the order form. If your order is to be delivered todifferent addresses, you will need to submit a separate order for each delivery address.
4.3 The delivery service is limited to the fixed address in Hong Kong Special Administrative Region, which can be delivered by land transportation, including Hong Kong Island, Kowloon, New Territories, Tung Chung, Discovery Bay and Ma Wan. Delivery service is not applicable to non-fixed addresses, airport borders, restricted areas, outlying islands,restricted areas of the hotel, logistics warehouses, trans shipment warehouses or places requiring security passes/customs clearance and/or PO Box addresses.
4.4 Shipping costs, if applicable, are paid by customers as indicated on the invoice. Exact charges depend on the deliveryarea and the quotation of the logistics company. For a single order with atotal value under HK$500, a delivery charge at HK$50 per order will be applied. For a single order with a total value equal to or over HK$500, the delivery charge will be waived.
4.5 An additional delivery charge per order will beapplied under the below circumstances:
4.5.1 HK$50 per floor additional charge will becollected in cash by the delivery person for the delivery address where the item(s) to be delivered cannot be fit in a lift or be transported by the lift, OR no lift is available for goods delivery;
4.5.2 HK$120 additional charge will be collected incash by the delivery person for the delivery to Discovery Bay.
4.6 If the Products fail to be delivered due to the receiver's reason (including, without limitation, the delivery address isincorrectly filled in, the delivery address is a post office box, the delivery is prevented by security personnel, or the receiver refuses to sign for the delivery of the ordered Products, etc.) and are returned to Versuni, Versuni may reschedule the shipment of the returned Products, provided that a HK $200 re-delivery fee and administration fee will be charged. The delivery fee (if any) collected previously is non-refundable. If we fail to deliver the Product within 30 days after the initial delivery due to reasons attributable to receiver, the Product will be considered abandoned by you and no refund shall be arranged.
4.7 Any delivery or shipment dates given by Versuni are best estimates only and Versuni shall not be liable for any loss, damage,costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event any of the Products ordered are out of stock, this may mean the whole order is delayed.
4.8 Deliveries will not be made when typhoon signal no. 8 is hoisted or when a black rainstorm warning is in effect and in suchcases, delivery of the ordered item(s) will be rescheduled.
4.9 To protect our customers' interests, you may be required to present your invoices upon delivery and/or pick-up. We reserve the right to refuse delivery and/or collection if customers fail to present related documents.
4.10 The delivery service shall be completed after we deliver the Product to the address designated by you in the order. Entitlement to the Products and the risk of damage or loss shall pass to the Customer upon delivery of the Products to the address specified by the Customerin the Order.
5. Exchange, return and refund
5.1Under normal circumstances, we would not accept any request for exchange of products or cancellation of orders. Versuni will only exchange or refund ordered item(s) within 7 days after the delivery service is completed provided that:
5.1.1You have provided materials to prove that the Product was defective before it was delivered and was not artificially damaged;
5.1.2The model and quantity of Product(s) do(es) not conform with the order.
5.2You are requested to examine the goods immediately after receiving the Productto check whether the Product ordered are the same as what you ordered, whetherthere is any deficiencies and/or damages and whether the accessories arecomplete. The Product will be deemed to have been correctly delivered andaccepted by you intact unless you notify Versuni by phone and/or email of theproblem within seven (7) days after the delivery of the Product is completed.
5.3 Versuni shall, at our owndiscretion, determine that the Product (s) is/are eligible for exchange orrefund. You are entitled for exchange or refund by fulfilling the belowconditions, otherwise, we reserve the right to refuse the exchange or refund:
5.3.1 Upon review of the materials provided by you, Versuni confirms that the Product was defective before the Product was delivered to you through no fault of your own.
5.3.2 Original packaging, accessories and in-pack printed materials should be returned together with the Product in good condition.
5.3.3 The Product to be returned should not be damaged, scratched, defaced or contain any trace of water damage, unless such damage, scratches, stains or water stains existed before the Product was delivered to you.
5.3.4 The Product to be returned should not be registered online for warranty service or undergone any repair.
5.3.5 Proof of purchase andoriginal delivery note should be presented to us for verification.
5.4 In the event that a defect is found following inspection and/or verification, we will repair and/or replace the Product at our discretion. If we agree that you have the right to exchange the product, but the requested replacement product has been sold out, we will refund therelevant amount to you.
5.5 All gift items must be returned together with other returned Products. Otherwise, the retail value of the gift item would be deducted from the refund.
5.6 After our review and approval of your refund request, the corresponding amount will be refunded to the original account from which you paid the amount, and the refund will take about 2-4 weeks. We will not refund any delivery charges.
6.Warranty
6.1. Product warranty terms and conditions may refer to https://www.philips.com.hk/c-w/support-home/warranty.html .
6.2. Unless otherwise stated, no warranty is provided for spare parts, accessories and/or consumables for Philips branded domestic appliances products sold on the Website.
7. Versuni’sLiability
7.1 These terms and conditions set out the full extent of Versuni’s obligations and liabilities in respect of the supply of the Products (and performance of customer services and warranty services) and the performance of any Services.
7.2 There are no warranties, conditions or other terms that are binding on Versuni regarding the supply of Products or the provision of Services except as expressly stated in this Terms and Conditions.
7.3 Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in this Terms and Conditions by statute, common law, laws applicable in the location where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, Versuni will not be responsible for ensuring that the Products are suitable for yourpurposes.
7.4 VERSUNI WILL NOT BE LIABLE UNDER OUR CONTRACT WITH YOU OR THIS TERMS AND CONDITIONS FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWS OEVERARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACTOR OTHERWISE. VERSUNI’s MAXIMUM AGGREGATE LIABILITY UNDER THIS TERMS AND CONDITIONS AND OUR CONTRACTS WITH YOU WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO VERSUNI IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.
7.5 This Clause 7 does not affect your statutory rights as a consumer.
8.Data Protection
8.1 If you are a registered user, you can view your order history by entering your Web Order Number so that you can check the status and contents of your order.
8.2 By placing your order, you agreed and understand that Versuni may store, process and use the data collected from your order form for processing your order. These data will be treated in conformance with the Versuni Privacy Policy which is available by clicking on the button “Privacy Policy” in the footer of this Website. If you wish to have access to information we hold concerning you, or if you want to make any changes, or if you do not want to receive information from Versuni, please follow the procedure set forth in the Versuni’s Privacy Policy.
9. Circumstances Beyond Versuni’s Reasonable Control
9.1 Versuni will make every effort to perform Versuni’s obligations under the contract with you. However, Versuni cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, Versuni will perform our obligations as soon as reasonably possible.
10.Applicable law and dispute resolution
10.1This Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China.
10.2The parties agree to submit the disputes related to these Terms and Conditionsto the jurisdiction of the where Versuni is registered.
11. Miscellaneous
11.1 Neither Versuni's nor your failure to enforce any provision hereof shall constitute a waiver of such provision. Such failure shall not affect your and Versuni’s right subsequently to enforce such provision.
11.2 The invalidity or unenforceability of any provision hereof shall not affect the remaining provisions here of.
11.3 In the event of any discrepancy between the Chinese and English versions of these Terms and Conditions, the Chinese version shall prevail.
