General Terms and Conditions
1.1 www.vinnicpower.com (collectively “we”, the “Company” or “Vinnic Power”) and we own and operate the site. Our site facilitates a convenient way to shop online and provide content over the Internet. (“services”).
1.2 By using our site you agree to be bound by the following terms and conditions. Please read them carefully.
1.3 We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on our site. Your continued access and use of our site and our services shall represent your unconditional acceptance of the latest version of the terms and conditions.
1.4 The meaning of some words used in these terms and conditions:
1.4.1 “we”, “us” or “our” is a reference to (name of person or company providing the services).
1.4.2 “you” or “your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.
1.4.3 “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site.
1.4.4 “merchandise” means the goods or services you ordered through our site, which you will pay for.
1.4.5 “intellectual property rights” means any and all patents, trade marks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
1.4.6 “services” has the meaning given in clause 1.1.
1.4.7 “site” means our Vinnic Power’s website located at www.vinnicpower.com , and any associated sites linked to it.
2.1 You represent to us that all purchases made by you through our site will be within the scope of your authority to conclude contracts.
2.2 In consideration of your use of our services, you agree to:
2.2.1 provide true, accurate, current and complete information about yourself when filling out our registration form
3.1 When you place an order you are making an offer to buy from Vinnic Power the merchandise you have specified at the price stated for those merchandise. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.3.2 We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:
3.2.1 details of what you have ordered,
3.2.2 details of the price charged,
3.2.3 information about the progress of your order, and
3.2.4 estimated dispatch and delivery information.
This communication will be our acceptance of your order. You may track your order status online.
3.3 The availability of the merchandise is as shown online and will be updated regularly by us. They should not be relied on as definite statements as to whether the merchandise you wish to purchase are actually in stock.
3.4 We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
3.4.1 no sufficient stock to deliver the merchandise you have ordered;
3.4.2 no delivery can be arranged for your area; or
3.4.3 one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error.
3.5 If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
4. Price and Payment
4.2 If the price of the merchandise is higher at the time we are ready to send our acceptance of your order to what it was at the time you placed your order then we will either:
4.2.2 contact you to ask you whether you wish to pay the higher price or cancel your order.
4.4 We accept credit card payments made by Visa and MasterCard, paypal and alipay. When you place an order, you authorise us to debit the credit card or payment gateways which you specify on your order. Title in the merchandise does not pass to you until payment has been received.
4.5 We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
5.1 We only make deliveries in the specified areas of Hong Kong from Monday to Saturday except on the first ten days of the Lunar New Year and when typhoon warning signal No. 8 or above or black rainstorm warning is in force. We currently do not make deliveries to remote areas and outer islands, and buildings without elevator facility. We reserve the right to decline delivery at our sole discretion (oversea delivery is not limited to this). You agree and accept that you will collect your ordered merchandise from our logistics centre and under no circumstances will we accept cancellation of order or refund.
5.2 We will deliver the merchandise ordered by you to the address you give us for delivery. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons.
5.3 Unless otherwise specified, we will use all reasonable commercial endeavors to make delivery within 3 – 7 working days after your order is accepted.
5.4 We may deliver the merchandise in one or more instalments. Any times and dates given for dispatch of merchandise, or the length of time that merchandise will take to be delivered, are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. You agree and accept that under no circumstances will we accept cancellation of order or refund.
5.5 You will become the owner of the merchandise you have ordered when they have been delivered to you. Once merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
6. Returns or Exchanges
6.1 Unless otherwise specified, no return or exchange of merchandise will be accepted. Please read the returns or exchanges policy as specified by us carefully before you place an order.
6.2 Subject to the returns or exchanges policy, merchandise may be exchanged within seven (7) days of receipt if the merchandise you ordered are faulty, defective or damaged (with no fault on your part), or the merchandise are not what you ordered, or the delivery is of an incorrect quantity, provided that:
6.2.2 the merchandise are unused and in the condition originally sold together with all parts and accessories which are provided with the merchandise including manuals, certificates, labels, tags, consumables, bags, and boxes;
6.2.3 the packaging of the merchandise must be in the condition in which it was delivered to you; and
6.2.4 a request for return or exchange is contact our customer service representative and the merchandise is returned to us through our designed destination within a limited period specified by us.
6.3 You agree and accept that merchandise is acceptable for exchange subject to stocks availability.
6.4 You agree and accept that it will be at the Vinnic Power’s sole discretion whether the merchandise is accepted for return or exchange. Under no circumstances will we accept the return of any merchandise directly to us or be held liable for your damages for whatever reasons.
7. Disclaimer of Warranties and Limitation of Liability
7.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
7.3 We do not represent or warrant that:
7.3.2 any merchandise will be of merchantable quality or will be fit for any purpose .
7.5 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
7.5.2 the unavailability of our site (or any part of it), merchandise or services;
7.5.3 any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
7.5.4 any merchandise not being of merchantable quality or fit for their intended purpose; or
7.5.5 any misrepresentation on or relating to our site, the merchandise or the services.
7.6.2 we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
7.8 You agree that each of these limitations is reasonable having regard to the nature of our.
7.9 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.
7.10 Each of the above exclusions or limitations shall be construed as a separate, and sever-able, provision of these terms and conditions.
8.1.2 use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
8.1.3 interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
8.1.4 transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
8.1.5 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site;
8.1.6 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site;
8.1.7 frame or mirror any part of the site without our express prior written consent;
8.1.8 create a database by systematically downloading and storing the Content, User Content or any site content; and
8.1.9 infringe any copyright, design right and intellectual property right in the merchandise.
9.2 Subject to these terms and conditions, you may use the Content for your own personal purposes.
9.3 Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:
9.3.2 make any copies of the Content or transfer the Content to any other device or any other person; or
9.3.3 otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
9.5 We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the content of advertisements appearing on our site rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our site.
10.2 You represent, warrant and covenant that:
10.2.2 you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in clause 10.1 above;
10.2.3 by exercising the licence in clause 10.1 above, we shall not infringe the intellectual property rights or other rights of any third party;
10.2.4 to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in clause 10.1 above;
10.2.5 the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our site; and
10.2.6 at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
13.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
14.2 All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
15.2 We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
15.4 We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
15.5 We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
15.6 If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
15.7 We may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.
15.8 You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
15.9 These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
15.10 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
2. Promotion codes, coupon codes and coupons are neither refundable nor redeemable for cash. Any unused amount will be forfeited.
3. If your order is cancelled for whatever reason or is eligible for a refund, any promotion codes, coupon codes or coupons used in that order shall be forfeited without any refund or compensation.
We reserve the right to terminate or vary the above offers from time to time without providing any prior notification. In the event of any dispute, our decision shall be final and conclusive.
These terms and conditions form the integral part of the General Terms and Conditions.