STANDARD TERMS OF SUPPLY
1. About us
1.1 Company details. Po House Company Limited (we and us), is a company registered in Hong Kong under Business Registration no.: 67893763 and our registered office is at Flat/Rm 1219-21, 41 Heung Yip Road, Wong Chuk Hang, Hong Kong. We operate the website [somethingode.com].
1.2 Contacting us. To email [firstname.lastname@example.org] (the “Website”). How to give us formal notice of any matter under the Contract is set out in clause 14.2.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of products by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
3. Placing an order and its acceptance
3.1 Creating an account. Create an account with us on this Website by registering your details and creating a username and password. A one-off discount code applicable to your first purchase will be sent by email.
3.2 Placing your order. Please follow the onscreen prompts to place an order through your account. Each order is an offer by you to buy the products specified in the order (Products) subject to these Terms. If you would like to place a large order, please email us at email@example.com for a shipping quote.
3.3 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.4 Accepting your order. We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between you and us will only be formed when we send you the Dispatch Confirmation and you will receive the tracking number and details in relation to the shipping details of your order.
3.5 If we cannot accept your order. If we are unable to supply you with the Products for any reason, we will inform you of this by email and we will not process your order. We reserve the right not to accept your order and in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn. In any event, we reserve the right not to accept any order. If you have already paid for the Products, we will notify you as soon as reasonably practicable and we will refund you the full amount including any delivery costs charged as soon as possible.
3.6 Order processing. Your order will be processed within five (5) working days of being placed and payment being received. If there are any longer delays due to stock or shipping problems you will be contacted and notified of such.
4. Our Products
4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. The colour of your Products may vary slightly from those images.
4.2 The packaging of your Products may vary from that shown on images on our site.
4.3 We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirement.
5. Return and refund
5.1 Your satisfaction is important to us. In the event that there is a quality issue with your Product, you may cancel the Contract and receive a refund, provided that you notify us as set out in clause 5.3 within fourteen (14) days of your decision to cancel the Contract.
5.2 However, this cancellation right does not apply if you simply changed your mind or do not like the scent of the Products.
5.3 To cancel the Contract, you shall email us at firstname.lastname@example.org or by post to Flat/Rm 1219-21, 41 Heung Yip Road, Wong Chuk Hang, Hong Kong. If you are emailing us or writing to us please include details including the batch number, expiry date and product name from the barcode label and the reason you are dissatisfied. If you use this method and we accept your cancellation, we will email you to confirm we have received and accepted your cancellation.
5.4 If Products have been delivered to you before you decide to cancel the Contract then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send them back or hand them to our authorised carrier.
6. Delivery, transfer of risk and title
6.1 We offer delivery for Hong Kong addresses and for any single orders of not less than $300, you will be eligible for free local delivery.
6.2 The delivery time is usually about four to seven working days after the date of Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 (Events outside our control) for our responsibilities when this happens.
6.3 Delivery is complete once the Products have been unloaded at the address for delivery set out in your order and the Products will be at your risk from that time.
6.4 You own the Products once we have received payment in full, including of all applicable delivery charges.
6.5 If we fail to deliver the Products, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Products. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
7. International delivery
7.1 If you wish to arrange international shipment, please contact us by email for a shipping quote.
7.2 If you order Products from our site and wish to arrange international shipment, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
7.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
8. Price of goods and delivery charges
8.1 The prices of the Products will be in Hong Kong dollars as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see 8.4 for what happens if we discover an error in the price of Products you ordered.
8.2 Prices for our Products may change from time to time without any notice, but changes will not affect any order you have already placed.
8.3 The price of the Products does not include delivery charges. Our delivery charges will be automatically calculated by the Website and will be advised to you during the check-out process, before you confirm your order. As such, the total price payable to us for an order for Products under the Contract will include the sum of the following:
(a) the sum of the price of each Product ordered as indicated on the Website at the time an order was submitted; and
(b) delivery charges in relation to the delivery of the relevant order to you.
8.4 Please note that extra delivery charges will be charged for delivery to remote areas as set out in the section headed ‘Remote Areas’ below.
8.5 We sell a large number of Products through our site. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Products' correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
(b) if the Products' correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
9. How to pay
9.1 You can only pay for Products using a credit card via Paypal at the time of submitting the order. We accept the following cards: Visa, Mastercard and Amex. We have enabled Shopify Pay as well.
9.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your credit card until we dispatch your Products.
10. Our warranty for the Products
10.1 The Products are intended for use only in the Hong Kong. We do not warrant that the Products comply with the laws, regulations or standards outside the Hong Kong.
10.2 We provide a warranty that on delivery and for a period of 7days from delivery, the Products shall:
(a) subject to clause 4, conform [in all material respects] with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be of merchantible quality (within the meaning of the Sale of Goods Ordinance (Cap. 26).
10.3 Subject to 10.4, if:
(a) you give us notice in writing within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in 10.2;
(b) we are given a reasonable opportunity of examining the Products; and
(c) if we ask you to do so, you return the Products to us at our cost,
we will, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.
10.4 We will not be liable for breach of the warranty set out in 10.2 if:
(a) you make any further use of the Products after giving notice to us under 10.3;
(b) the defect arises as a result of us following any drawing, design or specification supplied by you;
(c) you alter or repair the Products without our written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.5 We will only be liable to you for the Products' failure to comply with the warranty set out in 10.2 to the extent set out in this 10.
10.6 The terms implied by sections 15 to 17 of the Sale of Goods Ordinance (Cap.26) are, to the fullest extent permitted by law, excluded from the Contract.
10.7 These Terms also apply to any repaired or replacement Products supplied by us to you.
11. Our liability: your attention is particularly drawn to this clause
11.1 References to liability in this 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.2 We only supply the Products for your own use, and you agree not to use the Products for any resale purposes.
11.3 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
11.4 Subject to 11.3, we will under no circumstances be liable to you for any indirect or consequential loss.
11.5 Subject to 11.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed [fifty (50)]% of the price of the Products under the Contract.
11.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
12.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Products to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within [seven (7)] days of you being notified in writing to do so; or
(b) you fail to pay any amount due under the Contract on the due date for payment;
12.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
12.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than [thirty (30)] days]. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14. Communications between us
14.1 When we refer to "in writing" in these Terms, this includes email.
14.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
14.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
14.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
14.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
15.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
15.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
15.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
15.6 Governing law and jurisdiction. This Contract is governed by Hong Kong law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the Hong Kong courts.