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Welcome To SimplyElectronics! |  |
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This Website This website is owned and operated by Simply Electronics Ltd (SimplyElectronics.net). These Terms of Use govern your use of the website. By visiting or shopping at the website, you agree to be bound by these Terms of Use, as well as the other policies posted on the website. By showing the products on the website, Simply Electronics Ltd is making an offer only to those who are legally capable of accepting, and do accept, such offer in Hong Kong ("the Offer ") to sell those product(s) on the terms and conditions set out below. If you place an order for products shown on the website, your order will be deemed an acceptance in Hong Kong of the Offer pursuant to these Terms of Use. In these Terms of Use, we refer to Simply Electronics Ltd. as "Simply Electronics" and the website as the "Site". Our address is: Simply Electronics Limited 1501-1508, Millennium City 5, 418 Kwun Tong Road, Kwun Tong, Kowloon, Hong Kong Termination of Access You agree that, in its sole discretion and without prior notice to you, Simply Electronics may terminate or suspend your access to all or any part of the Site and your "My Account" without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT SIMPLY ELECTRONICS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE. Intellectual Property Rights and User Content Copyright All content included on the Site, including text, graphics, logos, user interfaces, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Simply Electronics or its suppliers, licensors or content suppliers and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all content on the Site are the exclusive property of Simply Electronics and protected by applicable copyright laws. All software used on the Site is the property of Simply Electronics or its software suppliers and protected by applicable copyright laws. Payments Methods of Payment A variety of payment methods are offered on the Site for the convenience of customers. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred. If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT SIMPLY ELECTRONICS, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. Where Simply Electronics offers the option to pay by direct deposit to specified bank accounts of Simply Electronics, any fees payable in connection with direct deposit, including any fees payable by Simply Electronics' bank, must be paid by customers. Unless expressly set forth on the Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Payment Fees and Charges You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Simply Electronics of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If Simply Electronics does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Simply Electronics or its agents. Taxes By purchasing a product through the Site, customers outside of Hong Kong authorise Simply Electronics to make arrangements for clearance of customs on their behalf for the products they have ordered. As importing products from overseas can be considerable work for most of our international customers, we choose to handle this process on your behalf. The purpose of this arrangement is to simplify the process of buying internationally and make budgeting easier for your purchases. Prices shown on Simply Electronics are the final total you have to pay to have the order delivered to your door, without any customs delay. Please note that you are the importer of the order, and it is your responsibility to check with your local Customs regarding matters of import restrictions/prohibited goods. For more information on customs issues and import handling for customer outside of Hong Kong please [click here] . Product Descriptions and Prices Product Descriptions Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. Simply Electronics does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete. IF A USER PURCHASES A PRODUCT FROM SIMPLY ELECTRONICS THAT IS NOT AS DESCRIBED ON THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR SIMPLY ELECTRONICS CREDIT IN THE AMOUNT OF THE PURCHASE PRICE. We have made every effort to display the colours of products on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor we cannot guarantee that your monitor's display of any colour will be accurate. Prices We cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a shopping cart and the time the purchase is actually made. Also, despite our best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Simply Electronics, Simply Electronics may either (a) contact you for instructions before shipping the product or charging you for such product, or (b) cancel the order for such product and notify you of such cancellation. Simply Electronics will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, or contain other incorrect information or typographical errors or are unavailable for any reason. Simply Electronics will have this right regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Simply Electronics will immediately issue a credit to your credit card in the amount of the charge. Order Processing, Shipment, Returns, Warranties Order Acceptance Simply Electronics is located in Hong Kong. By displaying products on the Simply Electronics website, Simply Electronics is making an offer to sell such products only to those who are legally capable of accepting, and do accept, such offer in Hong Kong. If you place an order for products shown on the Site, your order will be deemed an acceptance in Hong Kong of our offer. We may confirm our receipt of your acceptance by sending a confirmation to the e-mail address that you provide. Passage of Title Title to products, and risk of loss of such products, passes to you upon delivery to the common carrier selected by us to deliver your order. You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of our agreement to sell products to you. Order Verification Simply Electronics' policy is to ensure orders are authorised by the original card holder, and that supplied information are valid. The verification procedure will either take place by email or phone, at Simply Electronics' discretion. If your order requires verification, you will be notified by email shortly after the order has been placed, along with further instructions on how to proceed. Refunds and Cancellations If a user changes their mind, and would like to return the order after delivery from Simply Electronics, we're happy to refund or exchange your purchase as long as it's unopened and in its original packaging. This option is available for 30 days after delivery. This also applies to products purchased as Christmas presents. Following Distance Selling Regulations, we may accept items back even if the goods have been opened for inspection. You are entitled to a refund as long as the goods are returned within 7 working days* from the day after delivery (contact our customer service team here for details). The goods must in an 'as new' condition and returned in the original, undamaged packaging, along with any accompanying accessories and free gifts. The product must not have been installed, had any data inputted or used in any way or form. Whilst the goods are in your possession, all due reasonable care must be taken care of them, and must not be used. Any DVDs, CDs, memory cards and software must still be sealed. You may be entitled to a full refund for the cost of the product and/or the delivery charge paid. However Simply Electronics shall reserve the right to retain any charge paid for services which have already begun or been completed. We cannot refund/cancel your purchase if any of the following applies:
Faulty Goods Faults caused by accident, neglect or misuse are not in any way covered. If you suspect damage or a fault on receipt of your product, we must be notified within 48 hours in order to arrange for you to provide certain required photographs. The photographs must be provided within 14 days of delivery. If a fault occurs within the 30 days "cooling off" period from delivery, you will have the option of an exchange, repair or refund; if the fault occurs within its guarantee period (normally 12 months from delivery), you will have the option of a repair service. In all cases, Simply Electronics shall reserve the right to inspect the product and to verify the fault. For a refund or an exchange, the product must be in an ''as new'' condition, complete with any accompanying accessories and free gifts, and with the original box and packaging. Returning Goods In order to exercise your rights to return the goods (according to the above applicable conditions), you must send a notice in a durable form of your intention (e.g. by email or letter) to be refunded or to be exchanged with another item (whichever is applicable). We will then direct you to instructions on completing a valid Return Merchandise Authorisation (RMA) form to be provided with your return product, along with the proof of purchase. On receipt of your return product, it will take between 7 and 10 days to process your return, but we will do our best to reduce this time. However, should you have filled in the RMA form, the process will be dealt with as promptly as possible. We reserve the right to deem the goods second-hand and make you an appropriate offer should any items not be returned in their entirety or in an AS NEW condition. During the RMA process, Simply Electronics will follow up with you via email on issues requiring your clarification and agreement. If no response is received from you within 7 days from the date of emailing, Simply Electronics will follow up with a kind reminder in the form of a 1st and 2nd email at 7 day intervals. In the event no response is received within 7 days of the 2nd email being sent, Simply Electronics will send a 3rd and final reminder email together with a recorded letter. Should no response be received within 2 weeks from date of final reminders, Simply Electronics reserves the right to dispose of the RMA item(s) at its discretion in any way seen fit. Repairs and Product Warranties All our products come with a 12 months in house warranty, where our in-house facilities are able to process all returns for a quick and efficient all round service. If your purchase develops a fault after 30 days and within its 12 month guarantee we will arrange to repair and return the product to you free of charge. Please note it may take up to 28 working days or longer for repairs to be undertaken, depending on the manufacturer and complexity of the problem (e.g. availability of required parts). Applicable Law and Disputes Applicable Law By visiting the Site, you agree that the laws of the Hong Kong Special Administrative Region, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Simply Electronics or its affiliates. ALL TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION. Disputes Any dispute, controversy or claim relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Simply Electronics or any affiliate or licensor of Simply Electronics, Simply Electronics may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof. The arbitrator shall state the reason upon which the award is based. Severability If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of the Terms of Use. Delay in Enforcement No delay or failure to take action under these Terms of Use shall constitute any waiver by Simply Electronics of any provision of these Terms of Use. Complete Agreement These Terms of Use, together with any other policies posted on the Site from time to time, constitute the complete agreement between the parties and supersede all prior agreements or representations between them. Indemnification You agree to defend, indemnify and hold harmless Simply Electronics. and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. Modification to Terms of Use Simply Electronics reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. Updated on 10th January 2013 |
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