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Sales Terms and Conditions
1. General Terms:
1.1 In these Terms and Conditions the following definitions shall apply:
1.1.1 “Customer” / “you” shall mean you and other persons who purchase the product(s) after you login to the website.
1.1.2 “Price” shall mean the price of a product on the day of order.
1.1.3 “Product” / “Products” shall refer to any and all Product(s) for sale on www.flexpro-industry.com.
1.1.4 “Seller” / “We” / “Us” means Flexpro-industry limited / Flexpro-industry.com .
1.1.5 “Website” or “this Website” means www.flexpro-industry.com.
1.2 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
1.3 Customers visiting the website should read these General Sales Terms before purchase. Thus, all order will be made with the assumption of the following General Sales Terms and Conditions acknowledgement. If you do not wish to be bound by this Agreement, you must notify us and return your purchase.
1.4 THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH SELLER, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER SELLER’S TERMS AND CONDITIONS APPLY TO THE TRANSACTION. THESE TERMS AND CONDITIONS ALSO APPLY TO ANY ORDER PLACED BY ALL OTHER KIND OF PURCHASING METHOD.
2. Customer’s Obligations:
2.1 The Customer agrees to provide the complete and updated information for registration on this site. For credit card payment registration, the Customer shall provide Seller with an accurate and complete credit card information and represents and warrants to Seller that his use of the credit card (details of which have been supplied) is authorized and legal.
2.2 Seller has the absolute discretion to refuse registration of a potential Customer and to terminate the registration of any Customer for any reason whatsoever.
2.3 The Customer agrees to pay for every order made under his Login and agrees to indemnify Seller for all claims, loss and damages whatsoever made by any third party arising from the actions of a person placing orders for the product(s) using the Customer's Login. The Customer shall be responsible for updating his registration information including his credit card particulars with Seller. The Customer shall be responsible for notifying his bank of any changes to his record, or loss, theft or unauthorized use of his credit card.
2.4 Access to website is gained through use of a personal password. Seller shall not be responsible for any offline password management and the Customer shall ensure that his password is kept strictly confidential to prevent unauthorized use. Seller shall use its best endeavors to prevent any unauthorized entry to Seller’s website. However, Seller shall not be liable for any loss or damages whatsoever if any third party gains unauthorized access to the website using Customer’s Login.
3. Purchasing terms:
3.1 Information contained on this Website constitutes an invitation to treat. No information on this Website constitutes an offer by Seller to supply any product(s).
3.2 When placing an order on this Website, Customer makes an offer to purchase the Product(s) when he or she has ordered on these terms and conditions. Seller may or may not accept the Customer's offer according to Seller's absolute discretion.
3.3 Upon receipt of the Customer’s order, Seller will verify the availability of the Product(s) and the Customer’s credit card or other payment details. Seller has not accepted the Customer’s offer and is not obliged to supply the product(s) until Seller has shipped the Product(s) and sent an order confirmation to the Customer by email.
4. Product terms:
4.1 All product(s) sold by Seller through this site are subject to these Terms and Conditions. By submitting Customer order for processing at this website, you should confirm that you have read, understood and agreed to the Terms and Conditions prevalent at the time your order is submitted for processing.
4.2 Seller shall make every effort to fulfill orders placed by Customers through Seller’s website, but shall not be liable to any person if Seller shall decline or become unable to fulfill an order for whatever reason, including supply shortage or supply modification.
4.3 The pictures showing the product(s) in the website may not be identical to the product(s) as shipped to the Customer. The Seller shall have the right to supply the product(s) which do not correspond to the pictures appearing in this Website, provided that the said product(s) perform substantially the same function as described in this Website.
4.4 Seller shall have the right to make substitutions and modifications of the specification of the product(s) ordered by the Customer without prior notice, provided that such substitutions or modifications will not materially affect the overall performance of the product(s) or the type of product(s) ordered by the Customer.
5. Price and Payment conditions:
5.1 End user price will be shown on website as default, but different price list can be enjoyed by different kind of customers. RESELLER PRICE LIST will be applied for purchase over HKD 100,000 and DISTRIBUTOR PRICE LIST will be applied for purchase over HKD 500,000 monthly. Seller should always ensure that the price lists for different users are accurate and Seller reserves the right to vary the price and Customer level without prior notice.
5.2 These are our Bank Details:
Please ask our bank details to proceed.
5.3 Seller shall make every effort to ensure that prices, details and sizes of Product(s) detailed on the website are updated but Seller reserves the right to vary the price and other details of the product(s) without prior notice.
5.4 Not all product(s) size will correspond exactly to the description offered on the website. Seller reserves the right to provide the nearest product size at the nearest price.
5.5 There may be discrepancies between the PROFORMA INVOICE and the FINAL INVOICE due to out-of-stock product(s), substitutions, special offers, daily price changes and weighed items. Seller reserves the right to adjust the PROFORMA INVOICE and such adjustments shall be marked on the FINAL INVOICE presented to the Customer at the time of delivery.
5.6 Upon placing an order with Seller, the Customer shall provide to Seller his or her valid credit card number and other billing information as requested by the Website. For all other methods, the Seller will charge the Customer on confirmation of the order.
5.7 Payment for product(s) ordered through this website can be made by Moneybookers, or bank transfer payment. Moneybookers payments are only accepted for on-line payments.
5.8 Seller may change at any time the method by which payments for on-line orders may be effected and such changes may be notified to the Customer by e-mail, or a notice placed at the website.
5.9 In case of promotional coupon, the customer will only enjoy the discount if the selected payment method is bank transfert on the seller’s account.
6. Delivery terms:
6.1 It is the responsibility of the Customer is to notify Seller immediately of any change to its delivery terms.
6.2 Seller shall use reasonable endeavors to deliver product(s) of acceptable quality to the destination country mentioned in the address provided by the Customer but Seller shall not be liable for any delays or non delivery for causes beyond its control.
6.3 Seller reserves the right to decline delivery of the product(s) to any Customer at its sole discretion absolutely.
6.4 Any dates quoted by Seller for the delivery of product(s) are estimates only and shall not form part of the contract. Seller aims to deliver promptly, however delays are occasionally inevitable due to unforeseen factors. Seller shall be under no liability for any delay or failure to deliver the product(s) within the estimated delivery time.
6.5 Seller will not be responsible for any tariffs, customs restrictions, customs clearance, or other regulations that apply in countries outside Hong Kong. It is the responsibility of Customer to pay the charges levied by the authorities and observe the respective regulations of the country in which he or she receives the product(s). In case of the customer select "door to door"delivery, the goods will be delivered to the mentioned address except if special conditions or handeling processing are needed or in case of remote delivery place is difficult to access.
6.6 If an order shipment is undeliverable, the product(s) ordered by the Customer will be returned to the Seller at the Customer’s expense, as stock available for sale to other customers. The returned product(s) can be sold to other customers and the Seller shall have no obligation to reserve or re-deliver the returned product(s) to the Customer.
6.7 Prices are F.O.B Hong Kong
6.8 La consegna è incluso in tutti i nostri prodotti, vorrà dire "porta a porta".
6.9 Se il cliente desidera, un indirizzo di consegna sarà possibile. Il Cliente deve prima richiedere un preventivo che, se accettata, verrà aggiunto al totale dell'ordine.
7. Product Acceptance:
7.1 Unless Customer notifies Seller to the contrary by the day after delivery of product(s), product(s) shall be deemed to have been accepted by Customer in good condition and in accordance with the Agreement.
8. Variation / Cancellation of Order:
8.1 The Customer may vary or cancel the order without incurring costs before Seller has commenced processing the order.
8.2 Subject to the Customer's consent, Seller may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
9. Return / Refund of product(s):
9.1 Pictures of product(s) on this site may not correspond exactly to product description. In such case the written description of the product is relied upon. The Customer shall not be entitled to return a Product on the basis that it does not correspond exactly to its on-line picture.
9.2 Seller shall use reasonable efforts to ensure that orders are correctly fulfilled and shall deal with any discrepancies in the following manner, provided they are reported within one day of delivery:
9.2.1 If any Product proves to have been delivered in a damaged condition, omitted in the delivery, or if the wrong product is delivered, Seller shall either refund to the Customer the price of that product, or replace the product.
9.2.2 If any product(s) which was not included in the Customer's order is delivered to the Customer by mistake, Seller reserves the right to collect the wrong product(s) delivered.
9.2.3 If the Customer has been charged for product(s) which has not been delivered, Seller shall refund to the Customer the price of that product(s) as originally charged to the Customer.
9.2.4 If a Customer is charged more than the price of product(s), Seller shall refund to the Customer the difference.
9.2.5 Seller will not refund or exchange goods or rectify discrepancies 1 day after delivery.
9.3 Seller’s liability to any product(s) delivered is limited to refund or replacement specified above. All other remedies are excluded.
9.4 No Product(s) shall be returned to the Seller unless:
9.4.1 The product(s) in question is defective.
9.4.2 The Seller has notified the Customer by email that the Customer may return the product(s) to the Seller.
9.4.3 The product(s) is returned in a clean and well packaged condition.
9.4.4 The Customer returns the product(s) at his/her own expense which will include any custom duties or taxes.
9.5 Upon satisfactory return of the product(s) to the Seller, repaired / replaced product(s) will be shipped to the Customer if the Seller is satisfied that the product(s) returned by the Customer is defective after suitable tests and inspections by the Seller. If replacement product(s) is not available, a refund of product price only will be made to the Customer.
9.6 If the Seller is not satisfied that the returned product(s) is defective, the Seller will deliver the returned product(s) to the Customer at the Customer’s own cost.
10. Product(s) Warranties:
10.1 Product(s) will enjoy the warranty under the warranty period with following conditions:
10.1.1 Product(s) sent together with the Original Invoice.
10.1.2 Product(s) sent 3 weeks before the expiry date of warranty.
10.1.3 The product(s) is sent with clean and well packaged condition.
10.2 Warranty differs with product(s), Seller will repair / replace the product(s) without warranty at Customer’s own cost.
10.2.2 La garanzia dei nostri prodotti non è trasferibile. Tuttavia FlexPro industria può, in determinate circostanze, continuerà a fornire servizio post-vendita dei materiali ottenuti utilizzati o tramite terzi, ma ad un costo.
11.1 In no event shall Seller be liable for any direct, consequential, indirect, incidental or special damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, and the like, arising out of the use of or inability to use product(s), even if Seller has been advised of the possibility of such damages.
11.2 Except as otherwise expressly agreed, Seller makes no representations, warranties, covenants or guarantees of any kind, express or implied, as to the quality, suitability, accuracy or completeness of any information, content, service, or merchandise provided through this Website. Customer expressly agrees that the use of this Website is at his or her sole risk.
11.3 Subject to this Clause, Seller’s maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the Customer to Seller in respect of the product(s) in question.
12.1 Failure of Seller to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. The invalidity or unenforceability of any provision of these terms and conditions shall not adversely affect the validity or enforceability of the remaining provisions.
13. Force Majeure:
13.1 If the performance by Seller of its obligations under this website is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region or of any of its government agencies, strikes, labor disputes, shortage of labor or lack of skilled labor, shortage or unavailability of product(s) or raw materials, delay in transit or other causes
whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Seller), Seller shall be excused from such performance to the extent of such prevention.
14. Prevailing Language:
14.1 In the event of any discrepancy in the translation of this text, the English version shall prevail.
15. Variation of Terms and Conditions:
15.1 Il venditore si riserva il diritto di modificare le presenti Condizioni a sua esclusiva discrezione. Spetta a ogni persona che visita il nostro sito web per verificare i termini e le condizioni prima di ordinare. Una volta che l'ordine è confermato, il cliente si ritiene che abbia accettato i termini e le condizioni che prevalgono in questo momento e che costituiscono un contratto tra il venditore e il cliente.
16. Entire Agreement:
16.1 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between the Customer and Seller relating to the sale and purchase of the product(s) ordered by the Customer.
L'uso del nome Flexpro Industry Ltd. o Flexpro-industry.com è protetto dalle leggi internazionali sul copyright, qualsiasi uso senza previo accordo su qualsiasi supporto / media o altrimenti sarà soggetto a procedimento giudiziario.
17. Governing Law:
17.1 These terms and conditions shall be governed by and construed under the laws of Hong Kong Special Administrative Region. The parties submit to the exclusive jurisdiction of the courts of Hong Kong, being the place where the Customer's order/offer has been received / accepted.