TERMS AND CONDITIONS OF ONLINE SALE, REDEMPTION & USE OF E-COUPONS
1.1 “Club Canon” shall mean membership program organized by us. For further details, please refer to http://www.canon.com.hk/en/club/about/whatis_clubcanon.jspx.
1.2 "Contract" shall mean a contract agreed by you and us on the sale or supply of Products and purchase or redemption of Products according to these Terms and Conditions.
1.3 “Delivery Address” shall mean the address indicated in your Order which you wish the Products to be delivered to.
1.4 “Delivery Date” shall mean the availability date for the Products to be picked up or delivered to you as informed by us by email or phone.
1.5 “EWSS” shall mean the Extended Warranty Service Scheme provided by us subject to the terms and conditions stipulated in http://www.canon.com.hk/en/services/ewss/terms_and_conditions.jspx.
1.6 “Intellectual Property” shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, trademarks, database or copyrights, whether or not registered or registrable by any means, and the right to file an application for registration.
1.7 "Order" shall mean an electronic online order submitted through this Website by you to purchase/redeem our Products.
1.8 “Order Confirmation” shall mean the email confirmation sent to you after your Order successfully accepted by us.
1.9 “Product(s)” shall mean the products, peripherals of the products and/or other gifts available for sale/redemption on this Website, and forming the subject matter of this Contract as identified by you in the purchase/redemption order form.
1.10 “Terms and Conditions” shall mean the terms and conditions stated herein.
1.11 “We”, or “us” shall mean Canon Hongkong Company Limited.
1.12 “Website” shall mean http://store.canon.com.hk
1.13 “You” shall mean you or any person who purchase/redeem Products or use e-Coupons through this Website.
2. Basis of this Contract
2.1 You wish to purchase/redeem Products from us through this Website. Such transaction shall always be bound by these Terms and Conditions. These Terms and Conditions shall be considered as an important part of forming the Contract between you and us for the Products purchase/redemption. It prevails any other terms and conditions in the order issued by you. For the avoidance of doubt, these Terms and Conditions are not applicable to any sale and purchase of Products effected at any other of our authorized online sales channels, authorized dealers, Canon Image², Canon Pro Solution Hub or Customer Care Center.
2.2 By placing an Order with us, you hereby warrant and represent that:-
2.2.1 you have attained the age of 18 and have the capacity and ability to enter into legally binding contracts;
2.2.2 the name and personal data you have used when placing an Order with us is the same as on your identity card / passport and credit card;
2.2.3 you understand that we shall only sell and deliver the Products to end user customers; and
2.2.4 you will not resell or supply the Products (including any parts thereof) outside the territory of the Hong Kong Special Administrative Region or Macao Special Administrative Region, and will not resell or supply the Products (including any parts thereof) to any person who you know or have reason to believe may resell or supply the related Products outside Hong Kong or Macau.
3. Placing Order
3.1 After completing the purchase/redemption order form, you will need to click on the “Confirm Order” button. If you click on that button, it indicates that you confirm the accuracy of your Order. This will be your offer to purchase/redeem the Products as indicated in your Order. Once you have clicked the button, you shall, to the fullest extent permitted by the applicable law, neither cancel nor vary the Order howsoever. We shall have sole and absolute discretion to accept or decline your Order without giving any reason.
3.2. We will confirm our receipt of Order after receiving your Order. Notwithstanding our confirmation of receiving your Order and your provision of valid credit card and/or e-Coupons and/or sufficient loyalty points, we can still refuse to accept the Order. If your Order is successfully accepted, you will receive the Order Confirmation issued by us in respect of related Products. A legally binding contract will not be formed unless and until your receipt of our Order Confirmation in respect of such Products.
3.3 Information contained in this Website constitutes an invitation to treat only, which shall not be regarded as an offer by us to supply any Products.
3.4 We make no guarantee that any Products shown in the Website will be available for sale at any time. If we cannot satisfy any Order for any reason, we reserve the right to cancel the Order and shall not be liable to any person. If any Product specified in your Order is not available, we will inform you. We will not be liable for any out of stock Products.
4. Price and Payment
4.1 Payment shall be made by using PayPal or designed credit cards namely Visa, MasterCard and American Express and/or e-Coupons. All prices quoted are in Hong Kong dollars.
4.2 In order to ensure the online payment safety, Visa and MasterCard have respectively designed “Verified by Visa” and “MasterCard SecureCode” services to authenticate your identity at the time of transaction. You hereby represent and warrant that you are the legitimate holder of the credit card that you use for payment of the Products.
4.3 You agree that your credit card payment shall be processed by PayPal or such other service providers engaged by us from time to time. You agree that your credit card particulars shall be passed to the relevant financial institution through such service providers, without any copy retained by us.
4.4 You agree to pay for every Order made under your login account or credit card and agree to indemnify us for any claims, losses and damages whatsoever arising from the actions of any person placing any Order for the Products using your login account or credit card. You shall be responsible for notifying your bank of and be liable for any changes to your record, or loss, theft or unauthorized use of your credit card.
4.5 We will update this Website from time to time including the specifications and prices of the Products. Please visit this Website regularly in order to obtain the most updated and accurate information.
4.6 We may at anytime set credit limits for you and/or restrict quantity of purchase/redemption of Products.
4.7 Upon our receipt of full payment (including selling price and any other additional charges) of the Products, we will arrange you to collect such Products.
4.8 When you receive/collect the Products, we will provide the original receipt showing the payment for the Products to you.
5. Product Collection
5.1 You shall indicate on the means of Product collection (either self pick-up or on-site delivery) in your Order.
5.2 If you select self pick-up, the Order Confirmation issued by us will inform you of the Delivery Date.
5.3 If you select on-site delivery service, the Products will be delivered either by our designated personnel or by other designated delivery service providers engaged from time to time. Deliveryman will confirm the time with you prior to the Product delivery. Delivery of the Products in the same Order can be by one or multiple installments.
5.4 If we need to revise the Delivery Date, we will inform you of the revised date as soon as possible. But the Delivery Date of the Products shall not be the essence of the Contract and is only our best estimate. Under no circumstances shall we be liable to you for any advance or delay in respect of the Delivery Date (howsoever caused or whether or not the same has been notified to you).
5.5 If you fail to collect the purchased/redeemed Products within thirty (30) days of receiving Order Confirmation, or if you fail to give us adequate or accurate delivery instructions, then, without prejudice to any other rights or remedies available to us, we may at our sole and absolute discretion to (i) store the Products until actual delivery and charge you for reasonable costs incurred (including insurance, and storage expenses); or (ii) cancel your Order and charge you for any additional expenses incurred by us as a result of inadequacy or inaccuracy of Order information or your failure to take delivery; or (iii) deal with the uncollected Products by any means without any obligation or responsibility to you (including without limitation refund of any amount paid or return of any loyalty points deducted).
5.6 We shall be deemed to have properly performed all obligations under the Contract upon delivery, and the Products delivered shall be deemed to be correct and of satisfactory quality.
5.7 All risks in the Products shall pass to you upon the Products being delivered to Delivery Address or being collected. But we shall retain title in the Products until full payment has been received.
6. Exchange and Return Policy
6.1 We strive to provide you with excellent Products. If you are not satisfied with the Products quality and need to exchange or refund, you must make request according to our Exchange and Return Policy. Otherwise, Products will be deemed free of quality and specification issues. This Exchange and Return Policy is your sole remedy in respect of all liabilities and damages caused by any Product quality or specification issues.
6.2 Any exchange or refund claim not made in the manner set out under Clause 6 shall be deemed invalid. We reserve our right and discretion to decline any invalid exchange or refund claim. In the event of any dispute hereunder, we have rights to make final decision.
6.3 If your Products need any repair or maintenance after seven (7) days from the day of your receipt of the Products, you shall refer to the terms and conditions of warranty for relevant warranty procedures available to the Products.
7.1 If you purchase EWSS in your Order, we will register the warranty and EWSS of the respective Product for you. Such warranty and EWSS shall be subject to the terms and conditions of warranty and EWSS in our website, which shall be amended from time to time.
7.2 For any purchase of EWSS by using guest account, you agree to authorize us to apply the information supplied for Club Canon membership application. We will send you email for Club Canon membership confirmation. By confirming the Club Canon membership email, you have confirmed that you have read, understood and agreed to the terms and conditions of use of Club Canon website and Club Canon scheme.
7.3 You can only check your EWSS purchase record online after your enrollment of the Club Canon membership.
8.1 E-Coupons must only be used by the owner.
8.2 E-Coupons can be used for a limited time only. Expired e-Coupons will be invalid. No refund or extension will be provided.
8.3 Unless otherwise specified, e-Coupons cannot be reloaded, resold, exchanged, transferred, assigned, redeemed or converted to cash or used on any account except the account of e-Coupon owner. E-Coupons cannot be used to purchase new e-Coupons.
8.4 If we reasonably believe that the use of e-Coupons may involve any fraud, illegality or unauthorized acts, we reserve our rights to refuse the use of such e-Coupons and request alternative ways of payment during investigation.
9. Warranty and Liability
9.1 Any conditions or warranties, whether expressed or implied by statute, common law, trade custom, or otherwise, including warranties of merchantability or of fitness for a particular purpose, and any additional liability, compensation or indemnification, other than those are expressly provided for in these Terms and Conditions, are, insofar as permitted by law, hereby expressly rejected.
9.2 If you use any personal password to gain access to this Website, we shall not be liable for any offline password management. You shall ensure that your password is kept strictly confidential to prevent unauthorized use. We shall not be liable for any loss or damages whatsoever if any third party gains unauthorized access to this Website by using your password.
9.3 We give no warranty as to the accuracy of the information contained on this Website in particular to the digital images. We shall not be liable for any liability arising from any inaccuracy or inconsistency of the information, wilful damages, negligence, operation under abnormal conditions, any use that do not abide by our written or verbal guidelines, any incorrect use or damages caused by repair or modification made without getting our prior written approval. The digital images displayed on this Website are for reference only. Any typographical error, clerical or other error or omission on this Website, any sales literature, quotation, price list, acceptance of offer, invoice, statement made during customer service or other document or information issued by us shall be subject to correction at any time without any liability on our part.
9.4 You shall be responsible for ensuring the completeness, correctness and accuracy of all information provided in connection with your Order, including without limitation, the Delivery Address, recipient information and payment details. We shall not be liable for any failure or delay or otherwise in discharging our obligations and/or performing our duties under this Terms and Conditions if such default is in any way due to the incomplete, incorrect and/or misleading information provided by you in respect of the Order. You undertake to indemnify and hold us harmless and our relevant third parties from and against all costs, losses and damages incurred or suffered as a result of your provision of incomplete, incorrect and/or misleading information in respect of the Order.
9.5 We shall not be liable for any losses, damages, costs and expenses directly or indirectly suffered by you (including but not limited to, loss of profits, loss of savings, loss of goodwill, loss of revenue or loss of contracts incurred by you, whether anticipated or actual, or any special indirect or consequential damages of any nature whatsoever) or any action, claims and proceedings taken against you by any third parties in connection with, incidental to and consequential upon the performance of us in relation to these Terms and Conditions. Notwithstanding anything to the contrary, to the extent permitted by law, our total aggregate liability in contract, tort, equity or otherwise for any direct loss or damage arising out of or in connection with these Terms and Conditions shall be limited to the total amount paid by you in respect of the Products arising with problems.
10 Force Majeure
If the performance by us under this Website is prevented by reason of force majeure (which shall include fire, casualty, accident, act of God, natural disaster, any law, order, declaration, regulation, demand or requirement of the Government of the Hong Kong or Macau Special Administrative Region or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever beyond the reasonable control of us), we shall not be liable from such performance to the extent of such prevention.
Unless otherwise specified in end user licence agreement of the Products, the sale or redemption of any Products shall not include any right, title or interest in any of the Intellectual Property rights found in or relating to such Products. All such copyrights and other Intellectual Property rights shall at all times remain the property of Product manufacturers. Reproduction of any Intellectual Property rights in the Product in any manner is expressively barred. You shall be liable for all consequences caused by your breach of Copyright Ordinance.
12. Personal Data
13.2 You shall not assign or transfer any rights or obligations under these Terms and Conditions or the Contract to any third party without our prior written consent thereto.
13.3 No failure or delay by us in exercising any right, power or remedy under these Terms and Conditions or the Contract shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of these Terms and Conditions or the Contract shall be deemed to be a waiver of any subsequent breach of that or any other provision of the same.
13.4 The provisions contained in each clause of these Terms and Conditions shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. In the event any provision of these Terms and Conditions is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of these Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
13.5 The Products (including any of its parts or the related software) provided under these Terms and Conditions are subject to the export laws and regulations of the United States, including the United States Export Administration Regulations. Your rights to use the Products (subject to other obligations listed in these Terms and Conditions) are conditioned upon your compliance with all applicable export laws and regulations, including the export laws and regulations of the United States. You represent and agree that you will not use, disclose, distribute, transfer, export, or re-export any portion or all of the Products in any form in violation of any applicable export laws and regulations, including the export laws and regulations of the United States. In addition, if the Products are identified as an export controlled item under the applicable export laws and regulations, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation and that you are not otherwise prohibited under such laws and regulations from using the Products.
13.6 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 jurisdiction of the Hong Kong Courts in connection with any disputes arising from or in connection with these Terms and Conditions.
13.7 In case of any discrepancies occurring between the Chinese and the English versions of these Terms and Conditions, the English version shall prevail.