1. Introduction

The Website Owner, including subsidiaries and affiliates ('Website' or 'Website Owner' or 'we' or 'us' or 'our') provides the information contained on this website or any of the pages comprising the website ('website') to visitors ('visitors') (cumulatively referred to as 'you' or 'your' hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

 

2. Information on the Website

Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ('information') and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.

 

3. Trade Marks

The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.

 

4. External Links

External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.

 

5. Public Forums and User Submissions

The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -

 

5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

 

5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

 

5.3 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;

 

5.4 violate any copyright, trade mark, other applicable Hong Kong S.A.R of PRC or international laws or intellectual property rights of the Website Owner or any other third party;

 

5.5 submit contents containing marketing or promotional material which is intended to solicit business.

 

6. Specific Use

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

 

7. Warranties

The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.

 

8. Disclaimer of Liability

The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

 

9. Use of the Website

The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.

 

10. General

10.1 Entire Agreement

These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.

 

10.2 Alteration

The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the current version each time you visit the website.

 

10.3 Conflict

Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

 

10.4 Waiver

No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

 

10.5 Cession

The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

 

10.6 Severability

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

 

10.7 Applicable laws

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Hong Kong S.A.R of PRC without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Hong Kong S.A.R of PRC in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

 

10.8 Comments or Questions

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

 

11. Terms of Sale

11.1 When you submit an order for any product (which shall for the purposes of these Terms of Use), you are offering to purchase such product on and subject to these Terms of Use.

 

11.2 Dispatch and delivery times may vary according to availability and no guarantees or representations are made as to dispatch and delivery times which may be subject to delays including without limitation postal delays or as a result of force majeure.

 

11.3 (a) All orders are subject to availability. All prices advertised with the relevant product on the website are subject to such changes. Whilst we use reasonable efforts to ensure that all information, descriptions and prices which appear on this Website are accurate, errors may occur. Without prejudice to Clause 11.3(b) below, if we discover an error in the price of any product which you have ordered, we will inform you of this as soon as possible and allow you to either (a) confirm your order at the correct price or alternatively, (b) to cancel your order. If we are unable to contact you or receive your confirmation within thirty (30) days from the date we discover the error, we will treat your order as cancelled. In the event of cancellation of the order in such an instance, you will receive a full refund for any monies paid to us for the relevant product.

 

11.3 (b) WITHOUT PREJUDICE TO THE GENERALITY OF ANY OTHER DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS HEREIN, PLEASE NOTE THAT THERE MAY BE ADDITIONAL CHARGES, COSTS AND TAXES INCURRED IN THE PURCHASE OF THE PRODUCT (INCLUDING WITHOUT LIMITATION ANY BANKING AND CREDIT CARD CHARGES, CURRENCY CONVERSION RATES, SHIPPING COSTS, FREIGHT FORWARDING COSTS, CUSTOMS BROKERAGE FEES, CUSTOM DUTIES, TAXES APPLICABLE TO THE PAYMENTS YOU MAKE OR OTHERWISE IN CONNECTION WITH YOUR PURCHASE OF THE PRODUCT) UNLESS OTHERWISE EXPRESSLY STATED IN YOUR PURCHASE ORDER CONFIRMATION AND YOU SHALL BE SOLELY LIABLE AND RESPONSIBLE FOR THE PAYMENT FOR SUCH ADDITIONAL CHARGES, COSTS AND TAXES. Please note that any estimate of "Shipping Time and Costs" and the "Currency Selector", i.e. our estimate of the currency conversion rates, may be provided purely as a rough guideline and we make no representations or warranties thereto as the actual amount of shipping time and costs involved as well as the actual currency conversion rate is dependent on third parties and other factors outside of our control.

 

11.4 When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the products.

 

11.5 Please note that we have a strictly NO REFUND, NO RETURN AND NO EXCHANGE policy, except that we will provide a replacement of a faulty unit for On-Music speakers (or part thereof) purchased from us within one (1) month from the date of purchase which has any of the following faults and problems (and where such fault or problem qualify for exchange in our reasonable discretion):

 

1. Cannot Charge;

 

2. Cannot Close;

 

3. Faulty Volume Control;

 

4. No Sound; or

 

5. Faulty Cable.

 

Provided that a receipt evidencing purchase of the product from us is provided to us. PLEASE NOTE THAT YOU SHALL BE SOLELY LIABLE AND RESPONSIBLE FOR THE PAYMENT FOR ALL ADDITIONAL CHARGES, COSTS AND TAXES INCURRED IN THE DELIVERY OF THE FAULTY UNIT TO US AND THE REPLACEMENT OF THE PRODUCT TO YOU (INCLUDING WITHOUT LIMITATION ANY SHIPPING COSTS, FREIGHT FORWARDING COSTS, CUSTOMS BROKERAGE FEES, CUSTOM DUTIES AND OTHER TAXES APPLICABLE) UNLESS WE, IN OUR SOLE DISCRETION, DECIDE TO BEAR SUCH CHARGES, COSTS OR TAXES. Prior to requesting for any chargebacks and reversals of payment or similar processes in relation to the product to be effected, you agree to use reasonable endeavours to first contact us to resolve the causes for such request. In the event any chargebacks or reversals of payment or similar processes are effected or to be effected, you hereby authorise us to charge and claim from you and you shall reimburse us the amount of the chargeback and reversal payment and all fees and other costs and liabilities incurred by us in the event we have proof of shipment or delivery of the product and you hereby agree that we may collect such sums from you by any legal means.

 

11.6 Payment for all products are to be made through Paypal or HSBC Global Payments or such other forms of payment as may be permitted by us from time to time. WITHOUT PREJUDICE TO THE GENERALITY OF ANY OTHER DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS HEREIN, WE ARE NOT LIABLE FOR ANY ERRORS IN ORDERS OR PAYMENTS ARISING FROM ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR THAT OF OUR SERVICE PROVIDERS, AGENTS OR THIRD PARTY CONTRACTORS, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any equipment due to technical problems or traffic congestion on the Internet or on any of the website or combination thereof.

 

11.7 Coupons may be issued from time to time. Any coupons issued may only be valid for a limited time and the coupon must be used by the date shown on the coupon (if any). WITHOUT PREJUDICE TO THE GENERALITY OF ANY OTHER DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS HEREIN, WE ARE NOT LIABLE FOR COUPONS WHICH ARE LOST, STOLEN, DELETED OR FAIL TO BE DELIVERED TO THE INTENDED RECIPIENT FOR ANY REASON WHATSOEVER. WITHOUT PREJUDICE TO THE FOREGOING, IN THE EVENT THAT WE ARE AWARE AND ABLE TO CONFIRM THAT THE COUPON(S) FAIL TO BE DELIVERED TO THE INTENDED RECIPIENT FOR ANY REASON (INCLUDING WITHOUT LIMITATION DUE TO SPAM FILTERS, FIREWALLS OR THE CAPACITY OF THE RECIPIENT'S MAILBOX), WE WILL USE COMMERCIALLY REASONABLE ENDEAVOURS TO INFORM THE PURCHASER OF THE COUPON.

 

11.8 Without prejudice to the generality of any other disclaimer and limitation of liability provisions herein, we are not liable for any damages whatsoever (including without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services) arising out of or related to the use, inability to use, performance or failures of this website, the content and/or the products advertised/sold by us, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.