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1. GENERAL
In these Terms and Conditions the following expressions shall have the following meanings:
1. "Customer" shall mean you and all other persons who purchase the products under your Login. "Intellectual Property" shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof.
2. "Legal Notice and Disclaimer " shall mean the legal notice and disclaimer applicable to the northsea.com.hk Delivers service.
3. "Login" shall mean a Customer's personal password and access to northsea.com.hk Delivers On-line under that Customer's registration.
4. "Personal Data & Privacy Statement " shall mean northsea.com.hk 's policy regarding personal data collected in connection with this site and northsea.com.hk 's policy regarding the privacy of Customers and visitors to the site.
5. "Product/Products" shall mean any and all the products for sale on northsea.com.hk website.
6. "northsea.com.hk " shall mean this Internet site owned by NorthSea Food Limited Company and the medium by which Products are offered for sale by northsea.com.hk to the Customer.
All the Products sold by northsea.com.hk through this site are sold subject to these Terms and Conditions. By submitting your order for processing in the northsea.com.hk site you confirm and affirm that you have read, understood and agree to the Terms and Conditions in the form in which they appear at the time your order is submitted for processing.
These terms and conditions shall be read in conjunction with the Legal Notice and Disclaimer and the Personal Data & Privacy Statement and shall prevail over any other document purporting to have a contractual effect including any NorthSea Food Limited Company policy.
The Customer shall agree to complete the registration process according to NorthSea Food Limited Company requirements as stated on this site. The Customer shall provide NorthSea Food Limited Company with complete and updated information which shall include (but shall not be limited to) the Customer's legal name, billing address, telephone and fax numbers and e-mail address.
If the Customer shall elect to pay by credit card, the Customer shall provide NorthSea Food Limited Company with an accurate and complete credit card number and its expiration date and shall represent and warrant to NorthSea Food Limited Company that his use of the credit card whose details have been supplied, is authorised and legal. NorthSea Food Limited Company has the absolute discretion to refuse the registration of a potential customer for any reason whatsoever and to terminate the registration of any of its Customers for any reason whatsoever.
The Customer will be liable for every order made under his Login and agrees to indemnify NorthSea Food Limited Company for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Customer's Login. The Customer shall be responsible for updating his registration information including his credit card information. The Customer shall be responsible for notifying his bank of any changes to his billing address or other information or loss, theft or unauthorised use of his credit card.
NorthSea Food Limited Company shall make every effort to fulfil orders placed by Customers through the northsea.com.hk site, but NorthSea Food Limited Company shall not be liable to any person if NorthSea Food Limited Company shall decline to fulfil an order for whatever reason, or if NorthSea Food Limited Company is unable to supply an order because of an unforeseen change to the Products (as the case may be), or because the Products may be unavailable.
Notwithstanding the provisions of clause 1.7, NorthSea Food Limited Company reserves the right to decline any order it may, in its opinion, consider unreliable upon having checked the payment details submitted for that particular order.
Access to northsea.com.hk site is gained through use of a personal password. NorthSea Food Limited Company shall not be responsible for any offline password management and the Customer shall ensure that his password is kept strictly confidential to prevent unauthorised use. NorthSea Food Limited Company shall use its best endeavours to prevent any unauthorised entry to the northsea.com.hk site. However, NorthSea Food Limited Company shall not be liable for any damages or losses whatsoever if any third party gains unauthorised access to the northsea.com.hk site.
2. PRICE
1. NorthSea Food Limited Company shall make every effort to ensure that the prices, details and sizes of Products detailed on the northsea.com.hk site are correct but NorthSea Food Limited Company reserves the right to vary the price and other details of the Products without notice.
2. The prices advertised on the northsea.com.hk site are for on-line shopping only. Prices for some Products may differ from those charged at NorthSea Food Limited Company shops. The price of certain Products, in particular fresh produce, is subject to daily fluctuation and is offered for guidance only.
3. Discrepancies between the on-line bill and the final bill may be due to out-of-stock products, substitutions, special offers, daily price changes and weighed items. NorthSea Food Limited Company reserves the right to adjust the final bill after the on-line bill is presented to the Customer and such adjustments shall be marked on the final bill presented to the Customer at the time of delivery.
4. If the Customer requests a variation to the order which NorthSea Food Limited Company accepts then the price payable for the order will be adjusted accordingly to reflect the variation and shall be recorded on the final bill presented to the Customer at the time of delivery.
5. NorthSea Food Limited Company may from time to time set credit limits for individual Customers and NorthSea Food Limited Company reserves the right to limit sales including the right to prohibit sales to re-sellers.
3. PAYMENT
1. Payment for Products ordered through the northsea.com.hk site can be made by credit card ( namely, AmEx, Visa, Master Card, Options Cards) and cash or cheque on delivery.
2. NorthSea Food Limited Company may change at any time the method by which payments for northsea.com.hk on-line orders may be effected and such changes may be notified to the Customer by e-mail, mailshots or by placing a notice to this effect on the northsea.com.hk site.
4. DELIVERY
1. 2. 3. 4. 5. 6. If payment for the order is to be made by cash or cheque on delivery, the Customer shall ensure that a person of a reasonable age who is authorised to receive and pay for the order is present at the specified time of delivery at the Customer's address to receive and pay for the order. If no such person is present, the products will be returned to NorthSea Food Limited Company store for self pick-up by the Customer. 7.
1. NorthSea Food Limited Company shall use reasonable endeavours to deliver Products of acceptable quality to the delivery address (specified by the Customer on the registration form) within the time windows selected by the Customer but NorthSea Food Limited Company shall not be liable for any delays in its delivery services, if the delay has been due to causes beyond the control of NorthSea Food Limited Company.
2. NorthSea Food Limited Company will only offer delivery to Hong Kong Island, Kowloon and the New Territories of the Special Administrative Region of Hong Kong and exclude the outlying islands. The delivery hours shall be between the hours of 2:
00pm to 6:
00pm Monday to Sunday.
3. No delivery services shall be available when typhoon signal No 8 or the black rainstorm signal is hoisted.
4. The Customer is to notify NorthSea Food Limited Company immediately of a change to its delivery address.
5. All deliveries shall be signed off by the Customer and the driver of the NorthSea Food Limited Company delivery van by entering their names and the time of delivery on the delivery form.
6. If payment for the order is to be made by cash or cheque on delivery, the Customer shall ensure that a person of a reasonable age who is authorised to receive and pay for the order is present at the specified time of delivery at the Customer's address to receive and pay for the order. If no such person is present, the products will be returned to NorthSea Food Limited Company store for self pick-up by the Customer.
7. NorthSea Food Limited Company reserves the right to withhold delivery of the Products to the Customer if it has any doubts whatsoever as to the Customer's credit worthiness.
5. VARIATION / CANCELLATION OF ORDER
1.2. 3.
1. The Customer may vary or cancel the order when receiving our phone call to confirm the order or call our Customer Service Hotline by (852) 2408 8177. All orders confirmed in the confirmation phone call from the staff of NorthSea Food Limited Company cannot be varied or cancelled.
2. Subject to the Customer's consent, NorthSea Food Limited Company may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
3. If there is no prior consent from the customer for a substitution, no substitution shall be made. NorthSea Food Limited Company will delete the product from the order.
6. PROPERTY RISK
1. All risk in the Products shall pass to the Customer upon delivery to the Customer's delivery address but NorthSea Food Limited Company shall retain title in the Products until such time as payment for the Products has been effected.
7. RETURNS OF PRODUCTS / REFUNDS
1. Not all pictures of Products on this site will correspond exactly to Product description. In such cases the written description of the Product is the more accurate. The Customer shall not be entitled to return a Product simply because it does not correspond exactly to its on-line picture.
2. NorthSea Food Limited Company shall use its best efforts to ensure that orders are correctly fulfilled and shall deal with any discrepancies in the following manner, provided they are reported by using NorthSea Food Limited Company's Customer Service hotline (852) 2408 8177 on the day of delivery of the Products for return or exchange. No return or exchange if the order is placed by Customer's mistake.
3. If any Product proves to have been delivered in a damaged condition, or if the Product proves to be out of date, or if a Product which was ordered and invoiced is not included in the delivery, or if the wrong Product is delivered, NorthSea Food Limited Company shall either refund to the Customer the value of that Product, or replace the Product.
4. If any Product which was not included in the Customer's order is delivered to the Customer by mistake, NorthSea Food Limited Company Delivers reserves the right to collect the wrong Product.
5. If the Customer has been charged for a Product which has not been delivered, NorthSea Food Limited Company shall refund to the Customer the value of that Product as originally charged to the Customer.
6. If a Customer is charged more than the value of a Product, NorthSea Food Limited Company shall refund to the Customer the difference.
Refunds shall be credited, at the Customer's option, to the Customer's credit card account as supplied in the registration form or in the form of cash.
All replacements of Products shall be effected in the shortest time possible of the Customer requesting the replacement in accordance with Clause 7.2.
8. WARRANTIES
1. To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products supplied, are expressly excluded.
9. LIABILITY
1. The liability of NorthSea Food Limited Company whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of NorthSea Food Limited Company's obligations hereunder shall not in any event exceed an amount equivalent to the price of the Products.
2. NorthSea Food Limited Company shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall NorthSea Food Limited Company be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons whatsoever.
3. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that NorthSea Food Limited Company assumes no obligation or liability for any advice or information given with the Products and NorthSea Food Limited Company shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer's risk.
10. INTELLECTUAL PROPERTY
1. All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to northsea.com.hk site shall at all times remain the property of NorthSea Food Limited Company.
2. NorthSea Food Limited Company and other parties own the trade marks, logos and service marks displayed on this site and/or in connection with the Products and Customers and on-line visitors are prohibited from using the same without the written permission of NorthSea Food Limited Company or such other parties.
11. FORCE MAJEURE
1. If the performance by NorthSea Food Limited Company of its obligations under northsea.com.hk site is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of NorthSea Food Limited Company), NorthSea Food Limited Company shall be excused from such performance to the extent of such prevention.
12. PERSONAL DATA AND PRIVACY ORDINANCE
1. The Customer authorises NorthSea Food Limited Company to collect, retain and use personal information about the Customer for the following purposes:
1. assessing the Customer's credit-worthiness;
2. undertaking any dealings or transactions with the Customer and providing continuous services to the Customer;
3. enforcing of any legal or other rights NorthSea Food Limited Company may have against the Customer in any manner that NorthSea Food Limited Company sees fit;
4. making such disclosures as may in NorthSea Food Limited Company's opinion be required for any of the above purposes;
5. sending the Customer any advertising and/or promotional material;
6. designing services for Customers;
7. conducting research, such as research should determine which areas are not meeting NorthSea Food Limited Company's Customers' needs;
8. customising pages for Customers and putting together Customer shopping lists;
9. notifying Customers of special offers or new Products;
10. notifying Customer of up-dates to this site;
11. performing statistical and analysis of Customers' behaviour and characteristics in order to measure interest in and use of the various areas of the site and providing this information to advertisers together with information as to the number of users that have been exposed to or clicked on their banners.
2. The Customer further authorises NorthSea Food Limited Company to collect personal information about the Customer from the Customer or any other source available to NorthSea Food Limited Company including but not limited to credit referral agencies, the Customer's bank (present and past) any other suppliers or products and services to the Customer and other persons or companies with whom the Customer will have been associated.
3. The Customer is aware that in the event that sufficient personal information is not supplied, or is not satisfactory to NorthSea Food Limited Company then his/her application for registration to northsea.com.hk site may not be accepted.
4. The Customer is aware that any personal information supplied by the Customer will be retained by NorthSea Food Limited Company and will be accessible to NorthSea Food Limited Company's employees and other persons or bodies corporate engaged by NorthSea Food Limited Company for or in relation to any of the purposes listed in clause 12.1 above, or to third parties as stated in the Personal Data & Privacy Statement and the Customer authorises NorthSea Food Limited Company to disclose all or any part of any personal information provided by the Customer to such third parties.
5. The Customer acknowledges that NorthSea Food Limited Company shall retain all personal information supplied by the Customer and may continue to contact the Customer with marketing information even after the Customer's registration is cancelled.
6. The Customer is aware of his rights under the Personal Data (Privacy) Ordinance to have access to personal information held by NorthSea Food Limited Company and to request correction of the information and to be informed of action taken in response to any such request and/or request that there be attached to the information a statement which the Customer can supply to NorthSea Food Limited Company relating to the fact that the Customer has requested a correction. The Customer agrees to pay to NorthSea Food Limited Company the reasonable charges requested by NorthSea Food Limited Company in relation to the time and attendances involved in complying with the Customer's request in this regard.
13. VARIATION OF TERMS AND CONDITIONS
1. NorthSea Food Limited Company reserves the right to amend these Terms and Conditions in its sole discretion. NorthSea Food Limited Company may, but does not undertake, to notify the Customer of such changes. It is the Customer's responsibility to review the Terms and Conditions prior to submitting any order and NorthSea Food Limited Company shall have no responsibility to notify the Customer of any changes to the Terms and Conditions prior to the coming into effect of such changes or otherwise.
14. APPLICABLE LAW
1. These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and the Customer and NorthSea Food Limited Company agree to submit to the jurisdiction of the Hong Kong courts.
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