Updated on January 9th, 2018
TERMS AND CONDITIONS OF SALE – CONSUMER – ASIA PACIFIC
The following Terms and Conditions of sale – Consumer (hereinafter “TCC-US”) apply to access and use of the website www.paralenz.com (hereinafter “Website”) owned by Paralenz Group ApS (Refshalevej 163 A, 1432 Copenhagen K, Denmark, VAT: 37377074), and sales of products set out on the Website from time to time (hereinafter “Product(s)”) by Paralenz Limited., (Rm 1104 Crawford House, 70 Queen ‘s Rd. Central, Hong Kong), and/or their affiliated companies (hereinafter collectively “Vendor”).
Before a Consumer (definition: An individual who buys Product(s) for personal use and not for manufacture or resale), (hereinafter “Customer”) submitting an order on the Website, the Customer must read this TCC carefully. Furthermore, the Customer must check the details of the Customer’s order, to make sure that these are correct. If the Customer notices a mistake in the order, the Customer must contact Vendor as soon as possible.
The TCC-HONG KONG are applicable for sales between Vendor and Customer. The TCC-HONG KONG shall, where applicable, apply unless otherwise agreed. To place an order on the Website, the Customer must be a consumer (as defined above).
2. BUSINESS CUSTOMER?
For sales between Vendor and Business Customers, the Terms and Conditions of sale – Business (“TCB”) shall apply – for more information, follow the below instructions for Business Customers. If the Customer wishes to place an order as a Business Customer, please contact us on firstname.lastname@example.org
3. PLACING AN ORDER ON THE WEBSITE
Note that all orders on the Website are subject to availability. Vendor explicitly reserves the right not to accept a Customer’s order for any reason. No binding purchase agreement exists between Customer and Vendor, until the Customer receives an order confirmation from Vendor.
4. PRICE AND PAYMENT
All prices on the Website are quoted in US Dollars (USD). Orders placed outside Hong Kong, may be subject to VAT, import duties and/or taxes, which will be levied once the package reaches the Customer’s country. Vendor cannot predict the particular rates for VAT, import duties and/or taxes. Customer will be responsible for paying additional charges for customs clearance. As customs policies vary widely, the Customer is advised to contact the local customs office in the country of delivery.
If the Customer refuses a shipment from Vendor, the Customer is responsible for the original shipping charges, import fees, duties, and/or taxes that are incurred on the package, and for the cost of returning the package to Vendor. This amount will be deducted from the Customer’s Product(s) refund. Should the return fee exceed the total cost of the order, the package will be abandoned and the Customer will not be refunded.
Vendor accepts card payments by, Visa, Visa Electron, JCB, Maestro, , MasterCard, PayPal. When a Customer pays by credit/debit card, the full amount will be charged to the Customer’s account as soon as the order leaves Vendor’s warehouse (upon dispatch).
Vendor does not accept any other payment methods for orders placed on the Website than those listed herein. . If the Customer pays by payment methods other than those stated as acceptable payment methods hereinabove, Vendor will not be liable for any loss of payment or other damages resulting from the Customer’s actions.
Orders will be shipped with a carrier or a delivery firm. The order can be tracked via the website of the carrier or delivery firm. Once an order has been placed on the Website, Vendor will send to the Customer an order confirmation. As soon as the Customer’s package has left Vendor’s warehouse, Vendor will send to the Customer an E-mail with a tracking number for the package.
All orders will be expedited as soon as possible. Vendor does not ship on public holidays or weekends in Hong Kong. Orders will be shipped from Vendor within 2-3 working days. All orders are subject to availability.
Only orders to a delivery address can be fulfilled. A delivery address can be a home or office address in one of the listed countries in the Deliveries section. Vendor cannot deliver to PO Boxes, due to risk of credit card fraud and courier restrictions.
If Vendor is unable to deliver the Product(s) within the agreed delivery date, the Customer may, where there has been no fault on their part in accepting delivery, be entitled to cancel the order and obtain a refund. If no delivery date has been agreed upon, the Customer may be entitled to cancel the order and obtain a refund, within thirty (30) days from the day of receiving an order confirmation.
5.1 MONEY BACK GUARANTEE & FREE RETURNS
If for any reason you do not wish to keep your purchase of your Paralenz Dive Camera, you are eligible for a full refund and eligible to return your entire order for no additional cost to your regional distribution center. Your device must be unused and returned within 14 days of your purchase in the original packaging in order to be eligible for the full refund.
6. RETURNS AND REFUNDS
The Customer is entitled to return an order within fourteen (14) days of receiving the ordered Product(s). If the Customer wishes to return an order, the Customer must notify Vendor before expiry of the fourteen (14) days. The right to return an order expires fourteen (14) days after the day that the Customer:
- received the ordered Product(s), or
- received the final ordered Product(s), if different Product(s) were part of the same order, but delivered individually.
For returns, please contact Vendor on the following E-mail address: email@example.com. Vendor does not accept returns on a Product(s) that has been customized or modified by the Customer.
SEALED PRODUCT(S) CONTAINING SOFTWARE, SOUND, OR VIDEO RECORDINGS, ARE EXCEPTED FROM THE CUSTOMER’S RIGHT TO RETURN WITHIN FOURTEEN (14) DAYS FOR A REFUND, IF THE CUSTOMER BREAKS THE SEALING ON THE PACKAGE. A CUSTOMER WILL BE HELD LIABLE FOR THE DECREASE IN VALUE OF THE PRODUCT(S), IF SUCH A PRODUCT(S) IS RETURNED WITH A BROKEN SEAL.
If the Customer has acted in accordance with the above-mentioned conditions for Returns and Refunds, Vendor will give the Customer a full refund of the purchase price, this including the original shipping charges for the ordered Product(s) that the Customer returns to Vendor. Vendor will refund to the Customer’s original payment method for the order within fourteen (14) days of receiving notification. Please note that a refund will not be paid before Vendor receives the returned Product(s) at Vendor’s warehouse or until Vendor receives documentation proving shipping of the returned Product(s).
Vendor does not cover shipping expenses for returning an ordered Product(s), and such costs must therefore be taken care of and paid by the Customer. Please note that the Product(s) returned are the Customer’s responsibility until they reach Vendor’s warehouse. When returning a Product(s), the Customer must make sure to pack the return safely, in order to prevent damages to the Product(s) or the original packaging. Please make sure that the original packaging of the Product(s) is intact. The Customer must keep both original receipts and tracking numbers for the return package, in order to follow and prove a return.
How to return a product:
- The Customer must notify Vendor if the Customer wishes to return the ordered Product(s).The Customer must contact Vendor by E-mail (firstname.lastname@example.org) within fourteen (14) days of receiving the ordered Product(s).
- The Product(s) returned must be send in the original packaging to Vendor’s warehouse within fourteen (14) days from the Customer’s notification of return.
- The Customer must fill in the return form, and send this along with the Product(s) returned. The return form comes with the Customer’s ordered Product(s).
- Shipping cost for the return must be paid by the Customer. Shipping cost are not covered by Vendor.
- Vendor will refund within fourteen (14) days after Vendor receives the Customer’s notification of return. However, a refund will not be made before Vendor receives the Product(s) at Vendor’s warehouse or before Vendor receives documentation proving shipping of the Product(s).
- If the returned Product(s) are not in their original packaging and in the same condition as when received by Customer, a deduction will be made in the refund similar to the decrease in the value of the Product(s).
Please note that the Product(s) returned are the Customer’s responsibility until they reach Vendor’s warehouse. When returning a Product(s), the Customer must make sure to pack the return safely in order to prevent damages to the Product(s) or the original packaging. The Customer must keep both original receipts and tracking numbers for the return package, in order to track and prove the return.
Please return ordered Product(s) to the following address:
5/F Remix Center
42 Wong Chuk Hong Road
Wong Chuk Hong
7. FAULTY OR DAMAGED PRODUCT(S)
Please note that after receiving the ordered Product(s), the Customer may carefully examine and try the Product(s), but only in a manner as the Customer would if the Customer examined the Product(s) in a retail outlet.
In Accordance with the Sale of Goods Ordinance, the Customer is entitled to give notice of defects upon reasonable examination of the Product(s). If something is wrong with the Product(s) received, or if the Customer has received a Product(s) that is not identical with the Product(s) ordered by the Customer, the Customer must contact Vendor by E-mail: email@example.com.
When the Customer becomes aware of a defect or a wrongfully delivered Product(s), notification of a claim must be sent to Vendor as soon as possible together with detailed information of the alleged defect The Customer may be provided with a replacement Product(s), receive a discount, or the Customer can return the Product(s) for repair or a refund. Where the Customer alleges a defect with the Product(s) received, or if the Customer has received a Product(s) that is not identical to the Product(s) ordered, the Customer must notify the Vendor of its claim by E-mail: firstname.lastname@example.org within 7 days of discovering the defect. Problems resulting from Customer modification or customization of the Product(s); accidents, abuse, or misuse; or from equipments or products sold, supplied, or manufactured by a third party; are not covered.
The Customer must comply with the directions of the Vendor upon the Vendor receiving notice of the Customer’s claim in order to receive a refund of the purchase price.
In order to return a defective Product(s), the Customer is required to fill in the return form which came with the ordered Product(s). The completed return form must be accompanied with the Product(s) returned to the Vendor. Documentation for shipping expenses must be provided.
Please note that the Product(s) returned are the Customer’s responsibility until they reach Vendor’s warehouse. When returning a Product(s), the Customer must make sure to pack the return safely in order to prevent damage to the Product(s) or the original packaging. The Customer must keep both original receipts and tracking numbers for the return package, in order to track and prove the return.
Please return ordered Product(s) to the following address:
5/F Remix Center
42 Wong Chuk Hong Road
Wong Chuk Hong
8. LIMITATION IN LIABILITY
In case the Vendor is responsible for a defect relating to a Product(s), the Vendor undertakes to repair, redeliver or repay the purchase price of the Product(s). The Vendor is not liable for the Product(s) compatibility with other Product(s) on the Vendor’s Website or the compatibility with the Customer’s current Product(s).
The Vendor is not, under any circumstances, liable for any indirect damages or consequential damages, including production or profit loss, claims by third parties and / or damage to data.
9. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
If any Product(s) delivered hereunder are held to infringe a third party’s patent, utility model, design, trademark or other intellectual property right, the Vendor will, at the Vendor’s option and expense, (i) procure for the Customer the right to continue using the Product(s); (b) replace the Product(s) with non-infringing substitutes provided that such substitutes do not entail a material diminution in performance or function; (c) modify the Product(s) to make them non-infringing; or (d) refund the purchase price of the Product(s) less a reasonable amount for usage. The foregoing states the Vendor’s sole liability for intellectual property rights infringement.
The information contained in this website is for general information purposes only. The information is provided by Vendor and whilst it endeavours to keep the information up to date and correct, Vendor makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, Product(s), or related graphics contained on the website for any purpose. Any reliance Customer places on such information is therefore strictly at its own risk.
In no event will Vendor be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Website.
11. INTELLECTUAL PROPERTY RIGHTS
All content on the Website is owned by Vendor or its licensees. No part of the Website may be reproduced, stored in a retrieval system, or transmitted, without the prior written permission from Vendor. The full ownership in all intellectual property rights in the Product(s) and Spare Parts (definition: Spare parts for the Product(s) offered by the Vendor from time to time)(hereinafter “Spare Part(s)”), including, without limitation, patents, designs, trademarks and copyright, shall vest in the Vendor.
12. COMPLAINTS AND GOVERNING LAW
This TCC-HONG KONG entered into between Customer and Vendor shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Any lawsuits, actions or proceedings that may be instituted by either party of us against the other, shall be instituted exclusively before the competent courts and tribunals of the Hong Kong Special Administrative Region.
Should the Customer wish to make a complaint, the Customer is always welcome to contact Vendor. Vendor will assist the Customer on any questions relating to Vendor’s services and Product(s). Please contact Vendor on the following E-mail address (email@example.com) or contact Vendor by phone on the following telephone number +45 7070 7208.
13. FORCE MAJEURE
Either party shall be excused from any control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty calendar days, either party shall have the right to terminate the applicable contract(s) of sale, without liability, upon thirty calendar days’ prior written notice to the other part.