TERMS AND CONDITIONS OF eShop
GENERAL
Please read these terms and conditions (“Terms”) carefully as they shall apply when Customer (“Customer” “you” or “yours”) purchases online the products and/or the services (the "Products") displayed at the eShop of FUJIFILM Business Innovation Hong Kong Limited (“Company”, “FUJIFILM BI”, “we”, “us” or “our”). By accessing our eShop and/or purchasing Products using our eShop, you confirm that you have read, understood, accepted and agreed to be bound by the Term of Use, the Privacy Policy and the Terms.
We reserve the right to revise the Terms at any time without prior notice. Please visit this Website regularly in order to obtain the most updated information. Your access to our Website and/or use of our eShop following any such change constitutes your agreement to observe and abide by the Terms as revised.
PRODUCTS
All descriptions of Products or pricing of our eShop are subject to change at any time without prior notice. The Company does not guarantee that the Products will always be available. The Company has the right to modify, change or discontinue the availability of the Products of our eShop at any time without prior notice.
ORDERS AND ACCEPTANCE
All Orders in respect of the Products displayed at Corporate Account on our eShop are subject to our acceptance at our sole and absolute discretion and stock availability. We reserve the right to accept or reject your Order in whole or in part at any time without giving any reason and without any liability to you or any third party. If your Order or any part is accepted by us, we will confirm with you accordingly and advise the date and time regarding delivery of the Products.
You warrant and represent that the information provided by you for the Order is accurate and complete, and that you have the legal capacity to enter a binding contract with us. You understand that we shall only sell and deliver the Products to end user customers within the Hong Kong Special Administrative Region (“Hong Kong”). You warrant and represent that you will not resell or supply the Products or any parts thereof whether within or outside the territory of Hong Kong.
We reserve the right to cancel your Order in whole or in part at any time and for any reason without any liability to you or any third party. You shall not make any claims for compensation or damages whatsoever against us arising from or in connection with the non-delivery or late delivery of the Products or cancellation of the Order by us.
PRICE AND PAYMENT
All prices (including but not limited to delivery fees and installation charges) displayed/quoted at our eShop are in Hong Kong Dollars and do not include any taxes. Prices and payment will be specified when you order online in our eShop. Where there are additional fees/charges for delivery and/or installation, such fees/charges will be set out for your acknowledgment and confirmation before proceeding to payment. We reserve the right to change our prices published at our eShop at any time without prior notice. Payment for Products must be made at the time of purchase using the stated method(s) for payment. You must make your payment in a form and at a time acceptable to us. We are not responsible for any errors or issues arising from the use of any stated methods for payment. Your payment will be subject to the Online Payment Policy.
SHIPPING AND DELIVERY
The Products purchased at our eShop will only be shipped and delivered within Hong Kong.
You may enjoy free delivery service to your delivery address for each purchase of HK$600 or above for product(s). When you purchase for an amount of less than HK$600, you may enjoy delivery service to your delivery address at additional fee specified. If installation is required for any item of the Products, installation charge is not included in the delivery fee and will be charged separately.
You shall specify the delivery address(es) within Hong Kong, the recipient information and payment details when you are making an Order.
Delivery service is only available at addresses located within Hong Kong and may be delayed if any incomplete, inaccurate, incorrect or unserviceable address is provided. Delivery service is not available at the addresses and premises which are not accessible by elevator or staircase. If no elevator service is available at the addresses or the premises, we will additionally charge you a delivery fee for each floor except the ground floor.
If payment was delayed due to bank approval process, delivery time and date for the delivery of the Products will be adjusted accordingly. Before the arrival of the Products, you will receive a call notification from our delivery crew. Please sign and return the delivery note to our delivery crew to confirm your acceptance of the Products.
You shall be responsible for ensuring the completeness, accuracy and correctness of all information provided in connection with your Order. We shall not be liable for delay or otherwise in discharging our obligations and/or performing our duties under the Terms in any way due to the incomplete, inaccurate, incorrect and/or misleading information provided by you in respect of your Order or your failure or unavailability to take or receive the Products at the scheduled delivery time. You undertake to indemnify and hold us and the related third parties harmless from and against all costs, losses and damages incurred or suffered as a result of your provision of incomplete, inaccurate, incorrect and/or misleading information in respect of your Order or your failure or unavailability to take or receive the Products at the scheduled delivery time, there will be additional charges for insurance and storage expense and cost for making the delivery at another time, the additional charges shall be paid before the rescheduled and rearranged delivery can be made.
If Customer would like to change the delivery time, date and/or place for any purchased item of the Products, Customer shall notify us by email to our Customer Service Center by shm-fbhk-csc@fujifilm.com 2 business days before the scheduled delivery time, and the delivery will be rescheduled and rearranged after acknowledgement of your request.
All delivery schedules (dates and times) are not guaranteed. We shall not be liable for any loss or damages incurred or suffered by Customer because of late delivery. If we need to revise the delivery time and/or date, we will inform you as soon as practicable. In no event shall we be liable to you for any advance or delay in delivery (howsoever caused or whether the same has been notified).
Delivery Services may be suspended if typhoon signal No.8 or above or the black rainstorm signal is issued on the date of delivery. We will contact Customer to confirm or reschedule the delivery.
Delivery services will be subject to the Delivery Policy.
TITLE AND RISKS
Title to the Products shall not pass to you until full payment has been received by us. All risks associated with the Products shall pass to you upon delivery. You agree to inspect the Products immediately upon delivery.
PRODUCT WARRANTY
We provide the Products on as-is basis.
Printers will come with a warranty upon completion of the registration by you, however subject to the Terms and Conditions of Product Warranty and you shall be responsible for complying with the terms and conditions thereof. The Company does not warrant that the operation of the printers will be error-free or uninterrupted. To the full extent permitted by law, the Company shall not be responsible for damage that caused by your failure to follow the instructions for the printers.
EXCHANGE, RETURN AND REFUND
Once your Order/purchase is accepted or confirmed by us, the Order/purchase cannot be cancelled by you and the payment for the Products cannot be refunded, please refer to the No Refund Policy.
Except as provided in the No Refund Policy and/or Return & Exchange Policy, we will not accept any request for exchange of Products. The Return & Exchange Policy is your sole remedy in respect of all liabilities and damages with respect to the defective or incorrect items of the Products. The aforesaid defective item or the defective item as referred in the No Refund Policy and the Return & Exchange Policy means the defective item of the Products the defect of which is/was not due to fair wear and tear, acts of God or any events beyond our control, or your abuse, misuse, negligence or intentional act. As one of the pre-conditions for exchange in respect of the defective item pursuant to the Return & Exchange Policy, the packaging (though open of the package is accepted), and where applicable the accessories and/or user guide should be returned together with the defective item. If your purchased printer(s) need any repair or maintenance from the date of your receipt of the printer(s), you shall register for the Product Warranty and refer to the Terms and Conditions of Product Warranty for the relevant warranty available to the printer(s). No exchange would be made for printer which has been registered on-line for Product Warranty or has undergone any repair.
ACCOUNT REGISTRATION & PROTECTION OF PERSONAL DATA
To use our eShop or place an Order, you must create an account and provide us with personal information. We have the sole and absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer without giving any reason.
During the registration, you shall provide accurate, complete and up to date information for registration. You shall take reasonable steps to protect and safeguard your own information, including keeping your login credentials such as your email address and password strictly confidential to prevent unauthorized use and constantly monitoring your account for any suspicious activity. You must notify us immediately of any unauthorized disclosure and/or use of your account, password or other login information or any other breach of security. You agree that we may assume anyone using our eShop with your account login information (e.g. email address and password) is either you or is authorised to act for you. We shall not be liable for any loss or damages whatsoever if any third party gains unauthorized access to our Website or eShop by using your account login credentials. You agree to indemnify us for any claims, losses and damages whatsoever arising from the actions of any person placing any Order for the Products using your login account.
Our Privacy Policy governs the collection, use, processing, storage, disclosure or transfer of your personal information.
FORCE MAJEURE
We shall not be liable for any failure or delay in the performance of our obligations under the Terms due to events or cause whatsoever beyond our control, including but not limited to acts of God, war, terrorism, riot, natural disaster, fire, flood, earthquake, casualty, accident, any law, order, declaration, regulation, demand or requirement of the Government of Hong Kong or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, or delay in transit.
INTELLECTUAL PROPOERTY RIGHTS
All content of our eShop, including but not limited to information, text, material, graphics, images, logos, advertisements, and software, is the property of FUJIFILM BI, its affiliate(s), supplier(s) or licensor(s) and is protected by copyright, trademark and other intellectual property laws. You are not permitted to copy, reproduce, republish, transmit or distribute, or modify any content of our eShop without our prior written consent. The supply and/or sale of any Products shall not include any right, title or interest in any of the intellectual property rights found in or relating to the Products. Reproduction of any intellectual property rights in or relating to the Products in any manner is expressively prohibited. You shall be liable for all consequences caused by your breach or infringement of any intellectual property rights.
DISCLAIMER AND LIMITATION OF LIABILITY
To the maximum extent permitted by applicable laws and regulations, our eShop is provided "as is" and "as available", we hereby disclaim all warranties and conditions of any kind, express, implied or statutory, with respect to the operation of our eShop or the information, content, materials, or Products included in our eShop.
Any conditions, warranties or other terms concerning the Products, whether expressed or implied or incorporated by statute, law, custom, trade practice or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, noninfringement of any third party rights and any additional liability, compensation or indemnification other than those expressly provided for in the Terms are, to the full extent permitted by the law, hereby expressly excluded.
In no event shall we be liable for any damages of any kind arising from your use of our eShop or the Products or any information, content, materials, or Products included in our eShop, including but not limited to any loss of income, loss of profits, loss of goodwill, loss of revenue, loss of contracts, loss of data, whether anticipated or actual, or any direct, indirect, incidental, special, consequential, or punitive loss or damages of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. You shall make appropriate measures to back up your data. Notwithstanding anything to the contrary herein, to the extent permitted by the law, the Company’s total aggregate liability to you whether in contract, tort (including negligence), equity or otherwise for any loss or damages arising out of or in connection with the Terms and/or the Products shall in no circumstances exceed the total amount paid by you for the Products in question arising from the performance of our obligations under the Terms.
To the fullest extent permitted by the law, the Company limits its liability in respect of any valid claim regarding the products and services at the option of the Company to the following:-
(a) in the case of services supplied or offered by the Company:-
i. the supply of the services again; or
ii. the payment of the cost of having the services supplied again; and
(b) in the case of products supplied or offered by the Company:-
i. the replacement of the products or the supply of equivalent products;
ii. the repair of the products;
iii. the payment of the cost of replacing the products or acquiring equivalent product; or
iv. the payment of the cost of having the products repaired.
We do not represent or warrant that our Website including our eShop will be uninterrupted, error-free, free of viruses or other harmful components, or that defects will be corrected.
EXPORT CONTROL
Products obtained using our eShop will be subject to the applicable export control laws and regulations. You warrant and undertake that the Products will be used only in the territory of Hong Kong and for the legitimate purposes. You further warrant and undertake to comply with the applicable laws and regulations of Hong Kong , the United States or other countries related to export control and shall not transfer, export or re-exports the Products to any country prohibited by such laws and regulations and shall not use the Products for any purpose prohibited by such laws and regulations. You shall not resale or re-supply the Products to any other party without the prior written consent from us. If we have grounds to believe that you are not ordering as a local end user, we reserve the right to decline or cancel your Order.
TERMINATION
We may terminate or suspend your access to our Website and/or our eShop immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property rights, disclaimers and limitations of liability.
GOVERNING LAW
The Terms shall be governed and interpreted by the laws of Hong Kong.
Any dispute arising from or in connection with the Terms shall be resolved exclusively in the courts of Hong Kong.
Except as expressly provided for in the Terms, any person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) enforce or enjoy the benefit of any term of the Terms.
OTHERS
The Terms, your Order and our confirmation to your Order together with other related terms and statements displayed at our eShop including without limitation the FAQ shall constitute the entire agreement and understanding between you and us in relation to the transaction of the Products and shall supersede in all aspects all previous correspondence, understandings and agreements, between you and us in respect of the same. Any term or condition of your Order which is in any way inconsistent with or in addition to the Terms will not be applicable or binding unless otherwise agreed in a written agreement signed by you and the Company.
We may assign, subcontract, or transfer our rights and obligations under the Terms, in whole or in part, to any third party without prior notice or consent from you. You agree that we shall not be liable to you or any third party for any such assignment, subcontract, or transfer. You shall not assign or transfer any rights or obligations under the Terms to any third party without our prior written consent.
No failure or delay by us in exercising any right, power or remedy or to enforce any provisions under or of the Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude our any further exercise thereof or exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of the Terms shall be deemed to be a waiver of any subsequent breach of the same provision or any other provision of the Terms.
Notwithstanding anything to the contrary, in case of any ambiguity or dispute directly or indirectly in connection with or arising out of the Terms including but not limited to the provisions with respect to delivery, refund, return, exchange, product warranty, promotion terms and/or the membership benefits, we reserve the right of final decision and determination on all matters (including without limitation the interpretation), which shall be conclusive and binding on all parties concerned.
In the event any provision of the Terms is determined to be illegal, invalid, or unenforceable, it shall not affect the validity and enforceability of the remaining provisions of the Terms.
The English version shall prevail in case of any discrepancy or inconsistency between the English version and the Chinese version of the Terms.
