Terms and Condition of Sale

1:terminology

In the terms and conditions herein:

"Customer" means the party submitting the online order and identified as the customer in the Customer Information Form on the Website

"Products" mean the goods displayed/listed in the Website and/or offered for sale on the Website

"Terms and Conditions" mean WWW.WCH.COM.HK’s terms and conditions of sale as stated herein (as may be revised by WWW.WCH.COM.HK from time to time) and in any other documents issued by WWW.WCH.COM.HK or referred to herein, whether directly or indirectly, in the course of the transactions contemplated herein

"Website" means any WWW.WCH.COM.HK website, including this website

 

2:application of terms & conditions of sale

By completing the stock purchase order form and clicking on the "SUBMIT ORDER" button and submitting an order via WWW.WCH.COM.HK’s on-line system, Customer represents and warrants that Customer has the requisite legal capacity, authorisation and consent (under the relevant laws in the relevant jurisdiction) to contract with WWW.WCH.COM.HK and agrees to be bound by the Terms and Conditions.


The Terms and Conditions represent the complete and existing contract between Customer and WWW.WCH.COM.HK in relation to a purchase of any of the Products. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by WWW.WCH.COM.HK shall be subject to amendment without any liability on the part of WWW.WCH.COM.HK.

 

3:characteristics of products

WWW.WCH.COM.HK has tried its best to ensure that the images of the products materially resemble the Products delivered to the Customer. These images are provided to WWW.WCH.COM.HK by the suppliers/manufacturers of the Products or other third parties. Due to differences in monitors, the colour seen on screen may not be the exact colour of the Product. Accordingly and due to limitations beyond WWW.WCH.COM.HK’s control, WWW.WCH.COM.HK is not responsible or liable for any differences or non-conformity of the Products delivered to the Customer as compared to the images of the Products displayed in the Website.

 

4: availability of products

All orders shall be subject to the availability of Products. The delivery period(s) indicated at the Website for the Products are estimates only and denote the minimum delivery period(s) for the Products upon receipt of due payment or satisfactory evidence of due payment from the Customer. WWW.WCH.COM.HK makes no representations or warranties that the Products will be duly available within such estimated period(s).

 

5: confirmation of orders

No order submitted by the Customer shall be deemed accepted by WWW.WCH.COM.HK unless and until confirmed by WWW.WCH.COM.HK by way of return email or fax to Customer at the email address or fax number specified by in the Customer Information Form on the Website. For the avoidance of doubt, WWW.WCH.COM.HK’s obligations under the Terms and Conditions shall be conditional upon receipt of due payment or satisfactory evidence of due payment from the Customer.

 

6:changes & cancellations


There shall be no cancellation of or changes to Customer’s order (upon submission of Customer’s order and/or acceptance of Customer’s order by WWW.WCH.COM.HK) without WWW.WCH.COM.HK’s written consent to the same. Customer undertakes to indemnify WWW.WCH.COM.HK for any loss, damage, cost or expense (including but not limited to cancellation fees, warehousing/storage expenses and shipping/handling expenses) suffered or incurred by WWW.WCH.COM.HK as a result of such cancellation of or changes to Customer’s order. Customer hereby acknowledges that WWW.WCH.COM.HK shall incur such loss, damage, cost or expense in the event of any cancellation of and/or changes to Customer’s order. Customer shall (without prejudice to any right or remedy vailable to WWW.WCH.COM.HK under the Terms and Conditions or general law) reimburse WWW.WCH.COM.HK such loss, damage, cost or expense on first demand by WWW.WCH.COM.HK. WWW.WCH.COM.HK further reserves the right to suspend the performance of any of its obligations under the Terms and Conditions until Customer indemnifies WWW.WCH.COM.HK accordingly.

 

7:terms of payment

The prices of the Products are as displayed at the Website and are quoted in United States Dollars (or such other currency denoted at the Website). WWW.WCH.COM.HK reserves the right to change the prices quoted due to unforeseen circumstances but shall inform Customer by email or fax (at the email address or fax number provided by the Customer). All prices quoted are exclusive of delivery charges, taxes, bank charges or other fees, unless otherwise stated.

Customer agrees to use the format of the letter of credit provided by WWW.WCH.COM.HK in relation to payments effected by way of letters of credit.

Where applicable, credit terms may be offered to Customer. WWW.WCH.COM.HK reserves the right to impose interest on late payments at such rate(s) as will be notified to Customer. Customer shall confirm its acceptance of such credit terms and relevant interest rate(s) on late payments immediately upon being notified by WWW.WCH.COM.HK, failing which, Customer shall be deemed to have accepted such credit terms and interest rate(s) on late payments 3 days after receipt of such notice from WWW.WCH.COM.HK.

Without prejudice and in addition to any right of set-off, lien or other rights to which WWW.WCH.COM.HK has, or, is at any time entitled to (whether by operation of law or contract or otherwise), WWW.WCH.COM.HK reserves the right to, at any time, set off any amount due to Customer in or towards the satisfaction of any sum then due from Customer to WWW.WCH.COM.HK.

 

8:retention of title, passing of risk

Notwithstanding anything to the contrary, title to the Products remains with WWW.WCH.COM.HK until all amounts payable in respect of the Products are received in full by WWW.WCH.COM.HK. Risk in the Products shall pass from WWW.WCH.COM.HK to Customer upon delivery or deemed delivery of the Products to Customer.

 

9:delivery

WWW.WCH.COM.HK’s shall be obliged to deliver the Products to the Customer) only upon WWW.WCH.COM.HK’s confirmation of Customer’s order AND receipt of due payment or satisfactory evidence of due payment from the Customer.

Delivery of the Products shall be made in accordance with the trade terms agreed at such place, date or time as WWW.WCH.COM.HK may notify the Customer by email or fax.


Customer agrees to abide by and be governed by the interpretation of trade terms under the INCOTERMS 2000 issued/published by the International Chamber of Commerce ("INCOTERMS 2000") applicable to the delivery mode requested by Customer (by way of illustration, "CIF (port of destination)" shall be interpreted as "CIF (port of destination) in accordance with INCOTERMS 2000"). In the event of any inconsistency between the Terms and Conditions and the INCOTERMS 2000, the Terms and Conditions shall prevail.

 

10:late delivery, non-delivery, partial delivery

Any time period indicated at the Website as to the delivery period of the Products are estimates only. WWW.WCH.COM.HK shall undertake all reasonable efforts to ensure that the Products are delivered to Customer within the relevant period(s) specified at the Website, or as agreed between WWW.WCH.COM.HK and Customer. Notwithstanding the aforesaid, WWW.WCH.COM.HK is unable to guarantee there shall be no late delivery or non-delivery of the Products and WWW.WCH.COM.HK makes no representations or warranties that the Products will be delivered within such period(s). Customer hereby agrees that WWW.WCH.COM.HK shall not liable for any loss, damage, cost or expense suffered or incurred by Customer as a result of such late delivery or non-delivery.

Where the Products are delivered in instalments, each delivery shall constitute a separate contract. A failure by WWW.WCH.COM.HK to deliver any one or more of the instalments in accordance with the Terms and Conditions or a claim by Customer in respect of any one or more instalments shall not entitle Customer to treat the contract between Customer and WWW.WCH.COM.HK as a whole to be repudiated.

 

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