條款及細則
1. General
This terms and conditions apply to our services available under the domain and subdomains of www.and-joy.com (the "Web Site"). AND-JOY LIMITED shall hereinafter be referred to as the “AND-JOY”. This Web Site is intended only for consumers wishing to order AND-JOY products (the “Products”) online for delivery in Hong Kong. And-Joy Limited does not accept orders for delivery outside Hong Kong. The General Terms and Conditions of Sale (the “General Terms” or“Contract”) under which the Products are offered for sale on this Web Site are set out below. By ticking the “I have read and agree” box on the order form and submitting the order, you accept and agree to be bound by these terms and conditions. And-Joy Limited reserves the right to change these terms and conditions at any time without prior notice. Such change however will have no effect on orders that were submitted before posting of such revised terms and conditions on this Web Site.
2. Placing Your Order
2.1. To place an order, you must be 18 years of age or over, and have a valid email address.
2.2 You may place an order by
2.2.1 Filling in the order form on the Web Site; or
2.2.2 Logging into or creating your personal account and clicking on the appropriate submission button; or
2.2.3 Calling And-Joy Limited on (852) 5936 6458 between 08:30 and 22:30 Mondays to Sundays.
And-Joy Limited will not accept orders placed in any way other than those listed above.
2.3 When you place your order, And-Joy Limited will issue you with a Web Order Number. And-Joy Limited will do this via the Web Site, unless you have placed your order by telephone, in which case And-Joy Limited will issue your Web Order Number when you call us. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your order.
2.4 By placing an order, you make an offer to us to purchase the Products you have selected on these terms and conditions. And-Joy Limited may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled after order submission
2.5 If And-Joy Limited accepts your order, And-Joy Limited will notify you of our acceptance by issuing an order confirmation. we will send your order confirmation to you by e-mail. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If And-Joy Limited cannot accept your order, we will attempt to contact you by email or telephone or post.
2.6 Please note that the on-screen display of the colors, designs, products may differ from the actual appearance or size of products offered on the Web Site.
3. Supply of Your Products
3.1 Subject to these terms and conditions, And-Joy Limited will supply to you the Products indicated on your order confirmation.
4. Prices
4.1 All prices are in HKD. Prices shall be those prices published on this Web Site at the time you submit your order. The prices published on the Web Site are exclusive of shipping and handling costs which are for your account. These costs will be calculated separately as applicable and specified on the order form and added to the total price of the order. The total price stated on the order form you submit shall be the total amount payable by you for the products including all handling and shipping charges.
4.2 No intra-community purchases can be made via the Web Site.
4.3 Delivery costs, where applicable, are payable by you as indicated on your invoice.
5. Paying for Your Product
5.1 You may pay for your Products by the methods of payment as may be displayed on the payment paragraph of the Web Site from time to time.
5.2 You must pay in the currency as indicated on your invoice. All prices quoted by And-Joy Limited are subject to adjustments by way of surcharges, rebates or movements in exchanges rates without prior notification to the Purchaser.
5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your invoice or on the moment of shipment of your Products. And-Joy Limited will not supply the Products to you nor perform the services until your credit card issuer has authorised the use of your card for payment of the Products and/or services ordered. If And-Joy Limited does not receive such authorization, we shall inform you accordingly. Your credit card billing address must be in Hong Kong. And-Joy Limited reserves the right to verify the identity of the credit card holder by requesting appropriate documentation.
6. Delivery of Your Products
6.1 Orders will only be accepted and products delivered to addresses within Hong Kong.
6.2 And-Joy Limited will deliver the Products to the delivery address you have specified in the order form and in accordance with the delivery option you have chosen. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by And-Joy Limited are best estimates only and And-Joy Limited shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event any of the Products ordered is out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail or post.
6.3 Delivery shall be deemed to take place upon the physical delivery of Goods to any stated Place of Delivery. However, in cases where the Purchaser requests And-Joy Limited to retain the Goods in its possession, custody or control even when the Goods are ready for dispatch or shipment, delivery shall be deemed to take place on the date when the Goods are ready and available for dispatch or shipment and any Goods that remain in And-Joy Limited’s possession thereafter shall be stored at the risk and expense of the Purchaser.
6.4 Delivery dates are subject to availability of Goods. And-Joy Limited shall not be liable for any delay in delivery or for any loss or damage whatsoever which the Purchaser may suffer as a result. And-Joy Limited is entitled at its option to deliver the Goods in installments. Delay in delivery of any installment shall not entitle the Purchaser to treat the Contract as repudiated.
6.5 If And-Joy Limited is prevented from delivering any Goods due to any cause outside its reasonable control, including without limitation riot(s), fire(s), interruption of transport, or Government action, And-Joy Limited shall be under no liability whatsoever to the Purchaser and shall be entitled at its option either to extend the time for delivery or to cancel an order (or that part of the order that remains undelivered). Where an order is cancelled, And-Joy Limited shall refund any advance payment made on the Total Price of any undelivered Goods.
6.6 Upon delivery of the Products to the carrier And-Joy Limited will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the order form or by post.
7. Defects and Returns
7.1 The Purchaser shall forthwith inspect the Products on delivery and shall send to And-Joy Limited a written notice by registered post of any defects in the Products within 7 days of delivery of the Products. And-Joy Limited shall then at its sole discretion replace the defective Products at no charge to the Purchaser provided that the defective Products shall only be returned to And-Joy Limited in accordance with And-Joy Limited’s written or oral instructions or credit the Purchaser with an amount commensurate to the price of the defective Products against any future purchases with And-Joy Limited. And-Joy Limited shall not be liable for any defects in the Products that are not notified to And-Joy Limited pursuant to this clause. If you choose to return a Product, transportation charges will apply. Transportation charges will be communicated to you when you arrange for Product return.
8. And-Joy Limited Liability
8.1 These General Terms and the Special Terms set out And-Joy Limited’s entire liability under the Contract and And-Joy Limited’s liability under the Contract shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities express or implied statutory or otherwise except those which by law or statute cannot be excluded. Save as provided in this Contract and except as aforesaid And-Joy Limited shall not be under any liability, whether in contract, tort or otherwise, in respect of defects in the Products or failure to correspond to specification or sample or fit for a particular purpose or for any injury, damage or loss resulting from such defects or from any work done in connection therewith or for any indirect incidental or consequential losses or any damages.
8.2 And-Joy Limited shall not be liable for any defects of Products arising from fair wear and tear, non-compliance with And-Joy Limited’s oral or written instructions or information provided in connection with the use or handling of the Products, unauthorized alteration or repair of the Products, misuse or any abnormal working conditions. If you are not satisfied with any Product or the terms of any entitlement to services you have purchased from And-Joy Limited for any reason, you may return the Product to And-Joy Limited, subject to the payment of the transportation charges.
9. Circumstances beyond And-Joy Limited reasonable control
9.1 And-Joy Limited will make every effort to perform And-Joy Limited’s obligations under the contract. However, And-Joy Limited cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, And-Joy Limited will perform our obligations as soon as reasonably possible.
10 Content Restrictions
10.1 You agree not to use the Web Site or service:
10.1.1 To upload, order for print, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable
10.1.2 To upload, order for print, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;
10.1.3 To upload, order for print, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;
10.1.4 To upload or otherwise transmit any material which is likely to cause harm to this Web Site or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to this Web Site or which may cause any defect, error, malfunction or corruption to the service; and
10.1.5 In addition, in the event you violate one of these Content Restrictions and you intentionally publicise such violation, you acknowledge that And-Joy Limited will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.
11. Intellectual Property
11.1 The Purchaser shall not infringe or otherwise prejudice any trademark, copyright, design or other intellectual property rights anywhere in the world relating to the Goods (“Intellectual Property”).
11.2 Without prior written approval, the Purchaser shall not use any Intellectual Property and in particular, shall not use any trademark or name of And-Joy Limited. The Purchaser shall not use or seek to register any name or mark that is confusingly similar to or closely resembling any Trademark in any part of the world or cause, assist or enable others to do so. The Purchaser shall not in any way use a Trademark in conjunction with any other mark without prior written consent.
11.3 All materials including technical data, specifications or drawings or any other data supplied to the Purchaser pursuant to this Contract are confidential and the sole property of And-Joy Limited and may not be copied or made accessible to any third party. Upon And-Joy Limited’s request, these materials shall be returned to And-Joy Limited.
12. Miscellaneous
12.1 If any of these General Terms or any part of a General Term is void, voidable or unenforceable, the remaining General Terms or parts of the General Terms shall nevertheless continue to be of full force and effect.
12.2 Failure by And-Joy Limited to insist on strict compliance of the General Terms, or delay in exercising any of its remedies shall not constitute a waiver of such terms or remedies of any subsequent breach of the same or of any other terms.
12.3 This Contract shall be governed in all respects by the laws of Hong Kong. The Convention on the international Sale of Goods shall not be applicable
12.4 Any dispute, controversy or claim arising out of or relating to this Contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in Hong Kong under the UNCITRAL Arbitration Rules in accordance with the HKIAC Procedures for the Administration of international Arbitration in force at the date of submission of the said dispute, controversy or claim to arbitration. There shall be only one arbitrator.
12.5 The website is run by And-Joy Limited and this name will be shown as the merchant name on your credit card statements for the online purchases.