Terms of use

and Any terms and conditions, disclaimers or notices as displayed on any of HKMS Website https://www.hkmsoc.com/  from time to time.(Collectively “Site Terms”)

HKMS reserves the right and sole discretion of interpretation in the event of any discrepancies between the Site Terms.

We may amend the Site Terms at any time by publishing an updated version on a HKMS Website. By continuing to use the Site you will be deemed to accept the updated Site Term and agree to be bound by them.

1.1 We agree to sell and the Customer agrees to purchase the Products / Services on the terms and subject to and in accordance with these General Terms and Conditions.

1.2 The Customer must fulfill all of the following requirements for purchases of Product/ Services from the Online Shop :

2.1 All Orders of the Products / Services placed by the Customer shall be subject to our acceptance.   We have the right to reject any Order for the Product / Service in the Online Shop without giving any  reasons to the Customer.

2.2 Quantities of Products are subject to availability.

2.3 There may be a limit in the quantity to be purchased for any specific item, for details please refer to the product catalogue.

3.1 We may require you to register with us in order to access some parts of the Site including placing an Order to purchase our products/Services.

3.2 When you register with us, you are responsible to ensure you keep your account login and password in a secure manner and you agree to accept full responsibility for all activities that occur under your account or password even if the access is by another person.

3.3 Each Customer may register an Online Shop Account once.

4.1 Pricing of Products / Services shall be as stipulated on the Site at the date of submission  of Orders by the Customer.

4.2 If the payment amount of the Order is less than $500,  we may apply a surcharge for postage and handling. This surcharge may be adjusted without any prior notice, please refer to clause 7.12 for details of surcharges.

4.3 Payments for Order of Products / Services shall be settled by your credit card or a duly authorised third party credit card of the card owner.    Payment is charged against the credit card during checked out process on the Site.

4.4 All prices are in Hong Kong Dollars.

4.5 For all credit card transactions, you shall bear the price differences due to exchange rate and/or any other fees or charges incurred in connection with the relevant credit card transaction.

4.6 Payments via Paypal are subject to terms and conditions of Paypal Hong Kong Limited, please visit: https://www.paypal.com/hk/webapps/mpp/ua/legalhub-full.

4.7 Payments via credit card are subject to the terms and conditions of the card issuer.

5.1 You can opt for courier delivery of the Order to your nominated address. We accept Orders for delivery in Hong Kong and the People’s Republic of China ( including Macau SAR and Taiwan). Alternatively, you may opt for pick-up of the Order (if applicable) from our designated stores.

5.2 We will not accept any changes to the delivery method once the Order has been confirmed.

5.3 We shall endeavour to arrange to deliver the Products at the delivery   address designated by the Customer.  We reserve  the right to revise any terms of services (including but not limited to the covered areas for delivery, delivery timeframe and/or the delivery fee) from time to time without prior notice.

5.4 In order to protect the interest of the Customer and manage a complete record of such delivery, our employee or agent may request the designated recipient to produce the credit card which you used for the Order and your original ID Card or other identification document acceptable by us in person for verification of the name of such recipient, the duly completed authorization (if applicable) and any other relevant documents for verification purpose upon delivery.  We reserve the right to decline any delivery of the Products/ Services if we are not satisfied with the verification of the recipient and no reasons shall be given.

5.5 All dates quoted by us for the delivery of Products/ Services are estimates only .In no event shall we be liable for any additional or increased cost, loss of profits or goodwill or any other special, incidental direct or indirect or consequential damages due to late delivery or non-delivery of any Products/ Services.

5.6 If you fail to take delivery of the Products/ Services or any part of them more than 28 days of the Order confirmation date or fails to provide accurate and clear delivery instructions, documents, consents or authorizations required to enable the Products/Services  to be delivered, we shall be entitled at our sole discretion, without giving any notice to the Customer, cancel the order of the Products/Service application. HKMS shall refund the amount of the payment made by the Customer after deducting an administrative surcharge of $100.

6.1 No changes on the Product or quantity will be accepted once the Order has been confirmed.

6.2 Unless otherwise specified, all Products purchased from the Online Shop are non-refundable.

6.3 You have the right to inspect the Product upon delivery. Exchange of Product is only applicable if the delivered Product is damaged on arrival with such issue raised to courier at the time of delivery.

6.4 Product which has been damaged due to any accident, misuse, neglect, liquid or any causes other than manufacturing defect will not be accepted for exchange.

6.5 Pursuant to the relevant Product Specification Sheet, Mobile Equipment can only be exchanged by returning in its original packaging and good condition without any scratches together with the original Delivery Note  or Sales Memo to our office for exchange: (Please make an appointment.)

(a) Room 601, 6/F, Wing On Centre, 111 Connaught Road Central, Hong Kong

6.6 We have the sole discretion to make final decision on the issues of the Product quality and whether the Product can be exchanged.

6.7 You can make request for cancellation of product purchased/service applied within 24 hours of receiving Order Confirmation  which is  sent to customer via email  to confirm  the purchase order details after completion of checked out process on the site .  A surcharge of $100 will be charged for the accepted cancellation.

6.8 If the Product cannot be successfully delivered for whatever reasons, we will handle the Order as a cancelled order. We may refund the amount of payment the Customer made after deducting a surcharge of $ 100  to the credit card account which was used by the Customer for payment.

6.9 The refund is non-transferrable and non-redeemable for cash and would only be refunded to the same card as the one used for the Order.

6.10 Any IC Bonus awarded under the product purchased at Online Shop are governed by Hong Kong Mutual Society (“HKMS”) under its terms and conditions available at https://www.hkmsoc.com/en/termsofuse/ . In the event that the Products or Services purchased at Online Shop are refunded for whatsoever reason, the corresponding IC Bonus will be deducted from the HKMS Member’s Account in accordance with HKMS’s prevailing terms and conditions.

6.11 Surcharge summary at Online Shop for reference:

Item

Surchange

1. Purchase amount < $500 via courier delivery

a. One time delivery service charge $ 50

2. Order cancelled within 24 hours of receiving Order Confirmation

a. One time administrative surcharge $100 is deducted from the refundable amount

3. Stock undelivered for over 28 days

a. One time administrative  surcharge $100 is deducted from the refundable amount

Any title and risk or right in the Products shall pass to the Customer upon the physical delivery of the Products to the address identified by the Customer in the Online Order Form, regardless of whether the Customer is the designated recipient of the delivery or not.

8.1 The Product Specification  Sheet may indicate that there is a warranty provided by the Supplier (“Supplier Warranty”).

8.2 Where a Supplier Warranty applies to any Products, the Customer shall send the Products or parts thereof directly to the relevant Supplier for repair or replacement in accordance with the terms of the Supplier Warranty.  We shall not be responsible or liable for any costs or damages relating to the Products covered by the Supplier Warranty.

8.3 All express or implied warranties, representations or statements relating to the Products or Services which are not contained in this General Terms and Conditions are excluded.

The Customer agrees and warrants that the purpose of purchasing the Products / Services is for the Customer’s own personal use, and any components of the Products/Services are not for resale. We shall be entitled to refuse to accept orders placed by the Customer if the Customer breaches or if we, on reasonable grounds, suspects that the Customer will breach this clause.

We shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.

A waiver of breach of any specific term in connection with the Online Shop will not constitute a waiver of breach of other terms or a waiver of any prior or subsequent breach of the same term.  Under no circumstance will there be any waiver from us unless such waiver is explicitly communicated in any official channel.

his Terms and Conditions and all other terms and conditions applicable to the Online Shop shall be governed by the laws of Hong Kong and any disputes arising out of or related to the Online Shop will be resolved in private in accordance with Hong Kong law through mediation and/or arbitration held within Hong Kong.

The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

Any software or other intellectual property rights of a third party Supplier in the Products / Services are subject to the terms and conditions of such third party Supplier (“Supplier License”).  The Customer shall abide by the terms and conditions of the Supplier License and  we will not be liable or responsible for any costs or damages relating to the use or breach of the terms and conditions of the Supplier License.   For the purpose of this clause, “Intellectual Property Rights” means all copyright, design rights, trade marks and other intellectual property rights (whether registered or unregistered and all applications for the same) comprised in the third party supplied Products / Services.

The Online Shop contains Products or Services supplied by third parties.  The purchase or consumption of those Products/Services shall be at the Customer’s own risk and we shall not be liable for any personal injury or property damage suffered by the users.

You are responsible for paying all applicable taxes in connection with their use of the Online Shop and we will not be liable for any tax liability, duty or other charges in connection with same.

We make no warranties or representations, either expressed or implied with respect to type, quality or fitness of Products or Services provided by or through the Online Shop.

 We are not responsible for:

(1.) any loss or misdirection of, or delay in:

a.) receiving or processing of any Order, correspondence or requests from Customers; or

b.) general administration of handling enquiries;

(2.) theft, fraud or unauthorized use of Customer’s Online Shop Account or credit card information;

(3.) any acts or omissions of third parties;

(4.) any errors published in relation to the description of or the information in connection with the Products/Services in the Online Shop;

(5.) any loss or corruption of data in connection with the Customer’s use of the Online Shop; or

(6.) any incidents of system error or technological faults of the Online Shop whether or not such incidents are within our control.

The Customer indemnifies us for any cost, claim, damage or loss incurred by us or any person whether direct or indirect of any kind including loss of revenue, loss of profits or any consequential loss in contract, tort, under any statue or otherwise (including negligence) arising out of or in any way related to this Agreement.

We expressly excludes all liability or responsibility for any cost, claim, damage or loss to the Customer or any person whether direct or indirect of any kind including loss of revenue, loss of profits or any consequential loss in contract, tort or under any statue or otherwise (including negligence arising out of or in any way related to this Agreement).  Save that nothing herein shall limit our liability for death or personal injury arising from its negligence.

Notwithstanding any other provision in this Agreement, we may, without any liability, disclose any information (including without limitation any confidential information) as may be required or provided by any law, rule, regulation, code, guidelines or any order, judgment or decree of any court, or pursuant to any request or demand by any regulatory or government authority, including without limitation any stock exchanges.

These General Terms and Conditions embody the entire understanding between the HKMS and the customer relating to the Products / the Services available from the Online Shop and there are no promises, terms, conditions or obligations, oral or written expressed or implied other than those contained herein.  No amendment or variation of any provision contained in this General Terms and Conditions by the Customer will be effective unless it is in writing and signed by one of our duly authorized representatives.

Save for our affiliates, subsidiaries and holding companies, no other person or entity who is not a party to the Order has any right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) to enforce any terms and conditions and/ or benefit of this General Terms and Conditions or the Order.

(a.) “Agreement” means an agreement containing these terms and conditions agreed upon between HKMS and the Customer.

(b.) “HKMS”  means Hong Kong Mutual Society also known as 互港商務服務中心.

(c.) “HKMS Website” means the website of Hong Kong Mutual Society which provides the updated news, products and offers of HKMS. HKMS Website is: https://www.hkmsoc.com.

(d.) “Customer”/”You” means a person who orders Products and/or Services via this Site.

(e.)  “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.

(f.) “Products” means product(s) sold by HKMS or its affiliates via the Online Shop as identified by the Customer in the Online Order Form.

(g.) “Online Order Form” means the electronic application form filled out by you at the time of purchasing a Product/Service.

(h.) “Online Shop” means the virtual platform of the Site or any other sites as determined and owned by HKMS from time to time.

(i.) “Online Shop Account” means the virtual account created by the Customer in connection with their use of the Online Shop.

(j.) “Order” means any order of Products or Services placed by the Customer on HKMS’s online platform at: https://www.hkmsoc.com.

(k.) “Product Specification  Sheet” means the product information sheet of the Product as set out in the Site.

(l.) “Sales Memo” means the sales receipt for product purchased.

(m.) “Services” means the service(s) provided by HKMS or its affiliates as identified by the Customer in the Online Order Form.

(n.) “Site” means  https://www.hkmsoc.com.

(o.) “Supplier” means the third party supplier of the Products.

(p.) “Third Party Providers” means any third party provider which provides information or Products/Services which is available for your access and use through our Online Shop.

(q.)“Delivery Note” is  the document accompanying the shipment of goods that lists the description, and quantity of the goods delivered.

In this General Terms and Conditions:

25.1. a reference to this General Terms and Conditions include all its parts described in clause 1.1, and includes any amendment to or replacement of them;

25.2. a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

25.3. a reference to a party includes a reference to the party’s executors, administrators, successors and assigns;

25.4. the singular includes the plural, and vice versa; and

25.5. “includes”, “including”, “for example”, “such as” and similar terms are not words of limitation.