Terms & Conditions
Terms of Use
Important Notice The
terms set out in this document apply to your access to this website, use of ouronline subscription services, and purchase goods from OM Digital Solutions HongKong Limited. Before placing an order, we ask you to read and accept the termsand conditions contained herein. Please pay attention! The Company's onlinesubscription services are only available to residents of the Hong Kong SpecialAdministrative Region. At the same time, the Company only accepts orders fromresidents in the Hong Kong Special Administrative Region and delivers goods toresidents in the Hong Kong Special Administrative Region.
If you do not agree with or accept the terms set out herein,please do not use our subscription services. However, if you do not have theconditions to agree and accept the terms set out herein, you are requested toclick the box next to "I confirm that I have read the Terms of Sale andhereby agree to and accept the terms of sale" at the time of placing theorder. An order may then be placed withthe Company and the terms set forth herein shall apply.
The provisions contained herein shall not affect yourstatutory rights.
1. Selling Criteria
1.1 You wish to purchase from us the goods("Goods") that you have placed in an electronic online order("Purchase Order") submitted by you in Hong Kong through thisWebsite. However, the purchase order must first be accepted by the Company inaccordance with clause 2.1. At the same time, such transactions are alwayssubject to the terms set out herein. The terms set out herein govern thecontract between us and you for the sale and purchase of goods and are inaddition to any other terms and conditions of any purchase order placed orintended to be placed byyou.
1.2 By placing a purchase order with us, you hereby have:-
1.2.1 warrants and represents that you are a resident of theHong Kong/Macau Special AdministrativeRegion.
1.2.2 warrants and represents that the name you use whenplacing the purchase order with us must be the same as your Hong Kong or MacauIdentity Card/Passport and Credit Card (ifapplicable).
1.2.3 warrant andrepresent that your personal information must match your Hong Kong or Macauidentity card/passport when you place a purchase order with us; and 1.2.4 agreeand undertake that you will not, whether directly or indirectly and whetheralone or in conjunction with a third party, resell or supply the Goods (or anypart thereof) outside the Hong Kong Special Administrative Region or resell orsupply the Goods (or any part thereof) to any person in the Hong Kong SpecialAdministrative Region who you know or have reason to believe will resell orsupply the goods (whether directly or indirectly) outside the Hong Kong SpecialAdministrative Region.
2. Place a purchase order
2.1 Before the order form is completed, you will be asked toclick on the "Confirm" button to indicate your intention to submityour purchase order. This is the payment you have made for the goods that arethe subject of the order.
2.2 When you submit your purchase order, our computer willcheck your purchase order with our existing list of goodsimmediately.
2.3 If all the goodsspecified in the purchase order are in stock, you will be asked to enter yourcredit card details to complete your purchase order. We will send you an emailconfirmation of acceptance ("Purchase Order Confirmation") for allrelevant Goods.
2.4 If only part of the Goods specified in the PurchaseOrder are in stock, you may choose to purchase the Goods in stock and theout-of-stock Goods will be dealt with in accordance with clause2.6.
2.5 If none of thegoods specified in the purchase order are in stock, your purchase order willnot be accepted, and the out-of-stock goods will be dealt with in accordancewith clause 2.6
2.6 If any of the goods specified in the purchase order arenot in stock, we will endeavour to obtain the out-of-stock goods for you. Whenwe receive an out-of-stock item, we will notify you by email or call you andyou will be invited to resubmit your purchase order. You may submit yourpurchase order through this website after receiving an email notification fromus. The Company will not be liable for any further liability for theout-of-stock items.
2.7 Notwithstanding anything in Clauses 2.1 to 2.6, theCompany has not entered into a legally binding contract with you for the saleof any of the Goods specified in the Purchase Order (the "Contract")unless you have received a Purchase Order Confirmation from us in respect ofthe Goods.
2.8 You are responsible to us for ensuring the accuracy ofthe information (including any applicable specifications) contained in thepurchase order you submit and for providing us with any information necessaryto enable us to have sufficient time to perform the contract in accordance withthe relevant information.
2.9 The quantities and descriptions of the Goods and anyspecifications may be set out in the Purchase OrderAcceptance.
2.10 For the purposes of your purchase order, the termscontained herein will override and exclude any terms or conditions to thecontrary or inconsistent which may be published by the Company in other mediaor appearing on the Website.
2.11 Any typographical or clerical errors or omissions inthe printed sales matter, quotations, price lists, acceptance of offers,invoices, other documents or information published by the Company on theWebsite or on any other documents or materials issued by the Company shall becorrected at any time without liability on theCompany.
3 Online Ordering Services
3.1 The Company will collect and use the information yougive to the Company in the purchase order (collectively, the "Order")in accordance with clause 2.1; By providing us with such information, youconsent to our use of the information for the purposes set out in these Terms.The information you provide to us will at all times be governed by theprovisions of the Personal Data (Privacy) Ordinance (the"Ordinance"). Please note the following:-
3.1.1 The personal data provided by you will be used for (i)supplying you with the goods in your order;
(ii) maintaining our records relating to you and your goodsto enable us to provide you with repairs, warranties or other services;
(iii) to provide you with information about the goods andadvertising and promotional materials;
(iv) determining the amount of your liabilities or amountsowed;
(v) collect any outstanding amounts from you; and/or
(vi) any of the purposes set outabove.
3.1.2 The information held by the Company about you will bekept confidential but the Company may from time to time provide suchinformation to (i) any government or statutory body;
(ii) the Company's parent company or any other companywithin OM Digital Solutions, and/or
(iii) any other person under a duty of confidentiality tothe Company.
3.1.3 Under and in accordance with the provisions of theOrdinance, you have the right to:
(i) to ascertain whether we hold data about you and yourright of access to that data;
(ii) require us to correct data about you that isinaccurate;
(iii) ascertain the Company's policies and practices inrelation to data and the kinds of personal data held by which the Company hasbeen informed. In accordance with the provisions of the Ordinance, the Companyhas the right to charge a reasonable fee for the processing of any data accessrequest.
3.1.4 Nothing in this clause limits the rights of any personunder the Ordinance.
3.2 All contracts between the Company and you in relation tothe sale and purchase of goods and all other use of the Website will begoverned by and construed in accordance with the laws of the Hong Kong SpecialAdministrative Region; In all respects relating to the foregoing of theseTerms, you hereby agree to submit to the non-exclusive jurisdiction of the HongKong Special Administrative Region.
3.3 If you follow or follow any advice or recommendationprovided by the Company on this Website in relation to the storage, applicationor use of the Goods or Redemption Goods, you do so entirely at your own risk.Therefore, the Company shall not be liable for such comments orsuggestions.
4. Payment 4.1 You must pay with one of the followingapproved credit cards at the time of ordering: MASTERCARD, VISA. 4.2 Theselling price of the Goods, if any, ("Selling Price") is the pricestated in the Purchase Order Acceptance or Redemption Order Confirmation, asthe case may be. Notwithstanding any of the foregoing, the Company reserves theright to make any changes in foreign currency exchange rates, currencycontrols, changes in taxes, significant increases in labour materials or othercosts due to factors beyond the Company's control (including but not limited tochanges in any foreign currency exchange rates, currency controls, changes intaxes, significant increases in labour materials or other costs); anycircumstances resulting from a change in the delivery date, quantity orspecification of the goods/redemption items at your request; or to notify youof an increase in the price of the goods prior to delivery of the goods or atany time before the redemption of the goods for collection due to any delay inyour instructions or failure to provide sufficient information or instructionsto the Company to reflect the increase in the cost of producing or supplyingthe goods. 5. Risk and Property Rights
5.1 The risk of damage to or loss of the Goods will pass toyou (as the case may be) upon your receipt of the Goods or the delivery of thesaid Goods from the Company.
5.2 Notwithstanding any provision of the delivery or risk ofthe Goods, or any other provision of these Conditions, title to the Goods willnot pass to you unless we have received full consideration for theGoods. 6. Delivery of Purchase Orders
6.1 In your purchase order, you must specify that you wishto collect the Goods from us or that we will deliver the Goods to a deliveryarea address specified by you in the Hong Kong Special Administrative Region("Delivery Address"). In our purchase order acceptance, we willconfirm that you will be required to collect the goods from our company or havethe goods delivered to you at the delivery address.
6.2 Subject to Clause 6.1, the Products will be (1)collected by you at the Company (as specified in the Purchase Order Commitment)or (2) delivered by the Company to (or arranged for delivery) to the deliveryaddress 3 working days after the Company notifies you by email that theProducts are available for collection. The goods are available for collectionby us or delivered to you by us, subject to availability. Whenever we notifyyou that the goods are available for collection or we have arranged for delivery,you must make the necessary arrangements for the delivery of the goods, as thecase may be.
6.3 The Company will only deliver the Goods if:
6.3.1 you can present to our representative the Hong KongIdentity Card / Passport and Credit Card (as the case may be) with the samename as you used to place the Order Order when you collect the Products orreceive the Goods at the address specified by you ("DeliveryAddress");
6.3.2 The information of your Hong Kong IdentityCard/Passport presented to the representative of the Company must be consistentwith the information used by you to place the purchase order.
6.3.3 The name on your Hong Kong Identity Card/Passportpresented to the Company's representative must be the same as the name on thecredit card you used to make payment; and 6.3.4 If you request another personto collect the Goods on your behalf, he must produce (the documents referred toin Clause 6.3.1 and) at the time of receipt of the Goods by us or at("Delivery Address") (as the case may be):
(i)The authorisation letter signed by you includes the date,your Hong Kong Identity Card/Passport number, the donor's Hong Kong IdentityCard/Passport number and confirmation that the donor is collecting the goods onyour behalf; and
(ii)Hong Kong Identity Card/Passport of an authorizedperson.
If you or the Authorised Person fail to present to theCompany's representative the Hong Kong Identity Card/Passport or Credit Card asthe name at the time of ordering, or the information on the Hong Kong IdentityCard/Passport or Credit Card presented is different from that at the time ofplacing the purchase order, you or the Authorised Person will be deemed to bein breach of the Terms of Sale.
6.4 If the total selling price of the goods in thepurchase order (after deducting points or discounts) is HK$200 or above and thedelivery area on the purchase order is located within the delivery area, theCompany will deliver the relevant goods to you free of charge (if you requestus to deliver the goods). If the total selling price of the goods in thepurchase order (after deducting points or discounts) is less than HK$200 andthe delivery area on the purchase order is within the delivery area, we willcharge you a delivery fee of HK$30 (plus the selling price of the goods) foreach purchase order (if you request us to deliver the goods).
6.5 The Company will arrange for the collection or deliveryof the Goods (as the case may be) only after we have received the price of theGoods and any additional charges, including delivery charges (ifapplicable).
6.6
The Company will use reasonable endeavours to ensure that the delivery date isnot more than five working days after the Company receives the purchase order.If, for any reason, we are unable to deliver the goods to you before thisdelivery date, we reserve the right to amend the delivery date. In this case,we will notify you of the revised delivery date by email or phone as soon aspossible.
6.7 The Company shall not be liable in any way for any delayin delivery (regardless of the cause of any cause of delay) which occurs on anyspecified delivery date (whether or not the Company has notified you orconfirmed the delivery date with you). In addition, we may deliver the goods toyou with reasonable notice prior to the delivery date. Unless agreed in writingby the Company, punctual delivery of the goods will not be a material elementof the terms of sale. You must receive the goods or any part thereof, whetheror not the goods are delivered on the delivery date.
6.8 if you fail to receive the goods within 30 days of thedelivery date; or fail to give us adequate or accurate delivery instructions,we may, without prejudice to any other rights or remedies: 6.8.1 store thegoods until actual delivery and charge you reasonable storage costs (includinginsurance costs); or
6.8.2 cancel your purchase order and charge you for anyadditional costs incurred by us as a result of insufficient, inaccurate ornon-delivery of the order information.
6.9 In the event that the goods are delivered to a delivery address, the riskof damage to or loss of the goods will pass to you at the time the goods aredelivered. If the goods are damaged in transit, you must make anhttp://omsystem.com.hk/tc/cust_service.html enquiry within 24 hours from thedate of receipt via our Customer Service Hotline at (852) 2376-2150 or viaemail via our website Notify the Company. Unless we receive your notice within thisperiod, the goods you have received will be treated as undamaged.
6.10 The Company will only deliver to Hong Kong Island,Kowloon, the New Territories and Lantau Island (Tung Chung and Chek Lap Kokonly) (collectively referred to as the "Delivery Areas") and not toall outlying islands (except the limited areas specified above on LantauIsland), Restricted Areas and any areas requiring access by a licence orpermit. The Company may from time to time change the delivery area as theCompany deems appropriate in its sole and absolute discretion.
7. Warranties and Liability
7.1 Subject to the provisions of this Clause 7 and the otherprovisions set out herein, the Company warrants that, at the moment ofdelivery, the Goods will be of merchantable quality and fit for any purposenotified to the Company at the time of placing the purchase order, but theCompany will not be liable in any way to you or any other person in respect of:
7.1.1 in respect of any failure to comply with the Company'sinstructions (whether written or oral) due to normal wear and tear, wilfuldamage, negligence, abnormal operating conditions, failure to follow theCompany's instructions (whether written or oral), damage caused by misuse oralteration or repair of the goods without the prior written approval of theCompany;
7.1.2 exercise any warranties, conditions or guarantees(including but not limited to the warranties set out in clause 5.1) in respectof the Goods if the selling price of the Goods has not been paid in full beforethe due date;
7.1.3 any claim for consequential loss or damage (whetherlost profits or otherwise), costs, expenses or other consequential compensationof any kind (and whether or not caused by the negligence of us, our employees,agents or others) arising out of or in connection with your supply, use orresale of the goods/redemption of the goods, Except as expressly providedherein, the ground for any representation, any implied warranty, condition orother provision, or any obligation at common law, or the terms set out in thecontract.
7.2 You must notify the Company within seven days of thedelivery of the goods to you of any claim for defects in the quality orcondition of the goods, or for insufficient quantity of any goods delivered;Otherwise:-
7.2.1 the quantity of the Goods delivered will be deemed tobe the quantity of the Goods agreed between us and you in the relevant purchaseorder; and 7.2.2 the goods will be deemed to be free from any defect in qualityor condition and conform to all specifications set out in the purchase order;and
7.2.3 you will be deemed to have waived all your rights andremedies in respect of the Goods; and you shall not refuse or make a claim ofany nature in respect of the goods or refuse any claim of any nature; and
7.2.4 the Company shall not be liable to you or any otherperson for the quality, condition or non-conformity of the Goods with anyspecifications set out in the Purchase Order; and
7.2.5 You must pay the selling price in accordance with thecontract.
7.3 When you notify us in accordance with Clause 7.2 of anyclaim for defect in the quality or condition of the Goods, we shall have thesole and absolute discretion to determine:
7.3.1 replace the Goods free of charge;
The Company's liability under sub-clause
7.3.1 is within the scope of the Company's liability and theCompany shall not incur any other liability to you or any other person inrespect of the Goods.
7.4 There may be slight differences between the colour ofany of the Goods and the digital images appearing on the Website. However, thisgap should not be regarded as a fault of the goods.
7.5 Any condition or warranty, whether express or implied bystatute, common law, trade practice or otherwise, including warranties ofmerchantability or fitness for a particular purpose, and any damages,compensation or remedies other than those expressly provided in the terms setout herein are expressly excluded to the extent permitted by law.
7.6 If we elect to replace the Goods in accordance withsub-clause
7.3.1, you are responsible for arranging for the Goods to bereturned to the Company (at your expense and expense) within seven days of theCompany notifying us that the Goods may be replaced. 8. GENERAL
8.1 The terms contained herein constitute the entireunderstanding between the Company and you with respect to the use of the Goodssold by the Company to you and supersede all prior terms and conditions.
8.2 Except as expressly provided in the Terms containedherein, amendments or variations to the Terms contained herein shall be nulland void unless agreed to in writing by the Company.
8.3 The failure or delay of the Company in exercising orenforcing any right contained herein shall not be deemed a waiver of such rightby the Company or shall prevent the Company from exercising or enforcing suchright at any subsequent time.
8.4 In the event of any discrepancy or ambiguitybetween the English version of the Terms and Conditions contained by theCompany, the English version shall prevail.
8.5 The terms contained herein shall be governed by andconstrued in accordance with the laws of the Hong Kong Special AdministrativeRegion. You irrevocably submit to the non-exclusive jurisdiction of the HongKong courts in connection with any dispute arising out of or in connection withthe terms set forth herein.
