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 with the Company and the terms setforth herein shall apply.
The provisions contained herein shall not affect yourstatutory rights.
1. Selling Criteria
1.1 You wish to purchase from us thegoods("Goods") that you have placed in an electronic online order ("PurchaseOrder") submitted by you in Hong Kong through this Website. However, thepurchase order must first be accepted by the Company by clause2.1. At the same time, such transactions are always subject to the terms setout herein. The terms set out herein govern the contract between us and you forthe sale and purchase of goods and are in addition to any other terms andconditions of any purchase order placed or intended to be placed by you.
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 Administrative Region.
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 (if applicable).
1.2.3 warrant and represent that your personalinformation must match your Hong Kong or Macau identity card/passport when youplace a purchase order with us; and
1.2.4 agree and undertake that you will not, whetherdirectly or indirectly and whether alone or in conjunction with a third party,resell or supply the Goods (or any part thereof) outside the Hong Kong SpecialAdministrative Region or resell or supply the Goods (or any part thereof) toany person in the Hong Kong Special Administrative Region who you know or havereason to believe will resell or supply the goods (whether directly orindirectly) outside the Hong Kong Special AdministrativeRegion.
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 submit yourpurchase order. This is the payment you have made for the goods that are thesubject of the order.
2.2 When you submit your purchase order, our computer will checkyour purchase order with our existing list of goods immediately.
2.3 If all the goods specified in the purchase orderare in stock, you will be asked to enter your credit card details to completeyour purchase order. We will send you an email confirmation of acceptance("Purchase Order Confirmation") for all relevantGoods.
2.4 If only part of the Goods specified in the Purchase Orderare in stock, you may choose to purchase the Goods in stock and the out-of-stockGoods will be dealt with by clause 2.6.
2.5 If none of the goods specified in the purchaseorder are in stock, your purchase order will not be accepted, and theout-of-stock goods will be dealt with by clause 2.6
2.6 If any of the goods specified in the purchase order are notin stock, we will endeavor to obtain the out-of-stock goods for you. When wereceive an out-of-stock item, we will notify you by email or call you and youwill be invited to resubmit your purchase order. You may submit your purchaseorder through this website after receiving an email notification from us. TheCompany will not be liable for any further liability for the out-of-stockitems.
2.7 Notwithstanding anything in Clauses 2.1 to 2.6, the Companyhas not entered a legally binding contract with you for the sale of any of theGoods specified in the Purchase Order (the "Contract”) unless you havereceived a Purchase Order Confirmation from us in respect of theGoods.
2.8 You are responsible for ensuring the accuracy of theinformation (including any applicable specifications) contained in the purchaseorder you submit and for providing us with any information necessary to enableus to have sufficient time to fulfill the contract by therelevant information.
2.9 The quantities and descriptions of the Goods and anyspecifications may be set out in the Purchase Order Acceptance.
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 mediaappearing 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 any other documents or materials issued by the Company shall becorrected at any time without liability on the Company.
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”) by clause 2.1; By providing us with such information, you consentto our use of the information for the purposes set out in these Terms. Theinformation you provide to us will always be governed by the provisions of thePersonal 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 amounts owed.
(v) Collect any outstanding amounts from you; and/or
(vi) any of the purposes set out above.
3.1.2 The information gathered by the Company about you willbe kept confidential, but the Company may from time to time provide such informationto (i) any government or statutory body.
(ii) the Company's parent company or any other company withinOM Digital Solutions, and/or
(iii) any other person under a duty of confidentiality to theCompany.
3.1.3 Under and by the provisions of the Ordinance,you have the right to:
(i) to ascertain whether we hold data about you and your rightof access to that data.
(ii) require us to correct data about you that is inaccurate.
(iii) ascertain the Company's policies and practices about data and the kinds of personal data held by which the Company hasbeen informed. By 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 these Terms,you hereby agree to submit to the non-exclusive jurisdiction of the Hong KongSpecial Administrative Region.
3.3 If you follow or follow any advice or recommendationprovided by the Company on this Website about the storage, applicationuse of the Goods or Redemption Goods, you do so entirely at your own risk.Therefore, the Company shall not be liable for such comments or suggestions.
4. Payment
4.1 You must pay withone of the following approved credit cards at the time of ordering: MASTERCARD,VISA.
4.2 The selling price of the Goods, if any, ("SellingPrice") is the price stated in the Purchase Order Acceptance or RedemptionOrder Confirmation, as the case may be. Notwithstanding any of the foregoing,the Company reserves the right to make any changes in foreign currency exchangerates, currency controls, changes in taxes, significant increases in labormaterials or other costs due to factors beyond the Company's control (includingbut not limited to changes in any foreign currency exchange rates, currencycontrols, changes in taxes, significant increases in labor materials or othercosts); any circumstances resulting from a change in the delivery date,quantity or specification of the goods/redemption items at your request; or tonotify you of an increase in the price of the goods before delivery of thegoods or at any time before the redemption of the goods for collection due toany delay in your 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 the Goods.
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 ("DeliveryAddress"). In our purchase order acceptance, we will confirm that you willbe required to collect the goods from our company or have the goods deliveredto 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.
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 when you collect the Products or receivethe Goods at the address specified by you ("Delivery Address").
6.3.2 The information on your Hong Kong Identity Card/Passportpresented to the representative of the Company must be consistent with theinformation 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 orat("Delivery Address") (as the case may be):
(i)The authorization 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 authorized person.
If you or the Authorized 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 Authorized 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 discounts) is HK$500 or above and the deliveryarea on the purchase order is located within the delivery area, the Companywill deliver the relevant goods to you free of charge (if you request the goodsto deliver the goods). If the total selling price of the goods in the purchaseorder (after deducting discounts) is less than HK$500 and the delivery area onthe purchase order is within the delivery area, we will charge you a deliveryfee of HK$30 (plus the selling price of the goods) for each purchase order (ifyou 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 (if applicable).
6.6
The Company will use reasonable endeavors 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) that occurs on anyspecified delivery date (whether the Company has notified you or confirmed thedelivery date with you). In addition, we may deliver the goods to you withreasonable notice prior to the delivery date. Unless agreed in writing by theCompany, punctual delivery of the goods will not be a material element of theterms of sale. You must receive the goods or any part thereof, whether thegoods 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 because of insufficient, inaccurate, or non-deliveryof the order information.
6.9 If 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 makean http://omsystem.com.hk/tc/cust_service.html inquiry 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 Lantau Island),Restricted Areas and any areas requiring access by a license or permit. TheCompany may from time to time change the delivery area as the Company deemsappropriate 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 of delivery,the Goods will be of merchantable quality and fit for any purpose notified tothe Company at the time of placing the purchase order, but the Company will notbe 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, Willamae,negligence, abnormal operating conditions, failure to follow the Company’sinstructions (whether written or oral), damage caused by misuse or alterationor repair of the goods without the prior written approval of the Company.
7.1.2 exercise any warranties, conditions or guarantees (includingbut not limited to the warranties set out in clause 5.1) in respect of theGoods if the selling price of the Goods has not been paid in full before thedue 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 the 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 inquality 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 by thecontract.
7.3 When you notify us by Clause
7.2 of any claims for defects in the quality or condition ofthe Goods, we shall have the sole 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 by sub-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 concerning 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 by 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.
