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Welcome To SimplyElectronics! |  |
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This website is owned and operated by SimplyElectronics Ltd. 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, SimplyElectronics 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 SimplyElectronics Ltd. as "SE" and the website as the "Site". Our address is: SimplyElectronics Limited Unit 7, 8th Floor 682 Castle Peak Road Kowloon HongKong Use of the Site Termination of Access You agree that, in its sole discretion and without prior notice to you, 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 SIMPLYELECTRONICS.NET 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 SimplyElectronics.net 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 SimplyElectronics.net and protected by applicable copyright laws. All software used on the Site is the property of SimplyElectronics.net or its software suppliers and protected by applicable copyright laws. IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES AND REGIONAL INTELLECTUAL PROPERTY RIGHTS SimplyElectronics.net's product inventory available on the Site includes thousands of products, and product listings are constantly being changed and updated. SimplyElectronics.net's customers are located in various parts of the world. As a result, it is impossible for SimplyElectronics.net to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law. SIMPLYELECTRONICS.NET MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE. IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES. BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED SIMPLYELECTRONICS.NET TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE "IMPORTER" OF THE PRODUCT TO YOUR COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS AND COPYRIGHT AND TRADEMARK LAWS. YOU ACKNOWLEDGE AND AGREE THAT SIMPLYELECTRONICS.NET'S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO YOUR COUNTRY. IN NO EVENT WILL SIMPLYELECTRONICS.NET BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL IT BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES AND COPYRIGHT AND TRADEMARK LAWS. By purchasing a product through the Site, customers outside of Hong Kong authorize SimplyElectronics.net to make arrangements for clearance of customs on their behalf for the products they have ordered. Payment for Products Purchased Through the Site 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 SIMPLYELECTRONICS.NET, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. 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 SimplyElectronics.net 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 SimplyElectronics.net does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by SimplyElectronics.net or its agents. For customers in Hong Kong, SimplyElectronics.net offers the option to pay by direct deposit to specified bank accounts of SimplyElectronics.net. Any fees payable in connection with direct deposit, including any fees payable by SimplyElectronics.net's 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. Taxes You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. SimplyElectronics.net will automatically charge and withhold any applicable tax for orders to be delivered to any jurisdictions that it deems is required. 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. SimplyElectronics.net 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 SIMPLYELECTRONICS.NET 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 SIMPLYELECTRONICS.NET 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 SimplyElectronics.net, SimplyElectronics.net 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. SimplyElectronics.net 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. SimplyElectronics.net 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, SimplyElectronics.net will immediately issue a credit to your credit card in the amount of the charge. Order Processing, Shipment, Returns, Warranties Order Acceptance SimplyElectronics.net is located in Hong Kong. By displaying products on the SimplyElectronics.net website, SimplyElectronics.net 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. Returns If you suspect a fault with your product please contact us immediately. If there is an obvious defect and the product needs to be returned, please notify us by email, fax or letter and return the goods within 14 days starting the day after receipt of goods. We will offer a prompt replacement of the relevant components or if you prefer a full refund. This does not apply to faults caused by accident, neglect or misuse. We must be notified of the fault within 14 days starting the day after receipt of goods and proof of purchase and a valid RMA form MUST be provided. If you cancel your goods within the 14 days "cooling off" period (14 days starting the day after receipt of goods), we will exchange it or refund your money (it also applies to products purchased as Christmas presents). In order to exercise your rights to return the good, you must send a notice in a durable form of your intention (e.g. by email, fax or letter) to be refunded or to be exchanged with another item. 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 Return Merchandise Authorization form the process will be dealt 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 outside the 14 days after receipt of the parcel. Proof of purchase must be provided. Please note that software packages may only be returned unopened. Any cancellation made outside the 14 day "cooling-off" period may not be accepted. 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. Within 14 days starting the day after receipt of goods, if your goods are faulty we will offer a prompt replacement of the relevant components or if you prefer a full refund. This does not apply to faults caused by accident, neglect or misuse. We must be notified of the fault within 14 days starting the day after receipt of goods and proof of purchase MUST be provided. If your purchase develops a fault after 14 days and within its 12 month guarantee we will arrange to repair and return the product to you free of charge. We are unable to offer a refund after more than 14 days of receipt of purchase. 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 SimplyElectronics.net 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 SimplyElectronics.net or any affiliate or licensor of SimplyElectronics.net, SimplyElectronics.net 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 SimplyElectronics.net 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 SimplyElectronics.net 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 SimplyElectronics.net 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. |
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