CHARGES AND PAYMENT
1. Customer shall pay to Tung Bao Tong theCharges for the Products ordered on the Website. Once payment has been made,Charges are neither refundable nor exchangeable, except in accordance with thisTerms & Conditions and/or the Return Policy. Customer agrees that once theCharges have been paid to Tung Bao Tong, title in the Charges shall whollybelong to Tung Bao Tong.
2. The Customer shall pay the Charges by eitherPayPal, credit card or any other payment mechanism permitted by Tung Bao Tong,as described on the Website. The Customer hereby authorizes Tung Bao Tong tocollect (whether directly or indirectly) such amounts by charging theCustomer’s credit card (details of which were provided by the Customer), via athird party online payment processor or by one of the payment methods describedon the Website. The Customer shall provide customary billing information suchas name, billing address, contact number and credit card information to TungBao Tong or its third party online payment processor, where requested.
3. If the Customer is directed to Tung BaoTong’s third party payment processor, the Customer may be subject to terms andconditions governing use of that third party’s service and that third party’spersonal information collection practices. Tung Bao Tong shall not beresponsible for any damage, loss or harm to the Customer resulting from theUser’s use of that third party’s service. For the avoidance of doubt, theCustomer agrees that any legal remedy or liability that the Customer seeks toobtain for actions or omissions of such third parties will be limited to aclaim against the third parties who caused the Customer’s harm and the Customeragrees not to attempt to impose liability on, or seek any legal remedy fromTung Bao Tong with respect to such actions or omissions. Accordingly, theCustomer shall be responsible for reviewing such third party’s terms and conditionsand privacy policy before using the services of such third party.
4. The Customer acknowledges and agrees thatTung Bao Tong cannot control any fees that may be charged to the Customer byits bank in relation to the payment of the Charges and the Customer shall bewholly responsible for the same.
5. Tung Bao Tong may at any time review andrevise the Charges at its sole discretion, and any new Charges so specified byTung Bao Tong on the Website shall apply from such date as Tung Bao Tong maydetermine at its absolute discretion thereafter.
6. Unless otherwise specified, all Charges arepayable in Hong Kong Dollars (HKD).
ORDERS AND DELIVERY
1. The Customer shall make an offer to purchaseProducts by submitting an Order on the Website, in such form or manner as maybe specified on the Website. Tung Bao Tong acknowledges the Order by issuingthe Confirmation of Order thereafter.
2. The Customer acknowledges and agrees that theOrder remains an offer to purchase and Tung Bao Tong shall not be obliged tosupply the Products to the Customer until Tung Bao Tong has accepted the Orderby dispatching the Order to the delivery address provided by the Customer.
3. Prior to the issuance of the Confirmation ofOrder by Tung Bao Tong, Tung Bao Tong reserves the right not to process theCustomer’s Order and the Customer reserves the right to cancel the said Order.For the avoidance of doubt, on the issuance of the Confirmation of Order byTung Bao Tung, the Customer shall not be entitled to cancel or make amendmentsto the Order for which the Confirmation of Order.
4. There may be instances where errors mayoccur, in which case Tung Bao Tong is under no obligation to fulfill the Order(even after the Confirmation of Order has been issued). If Tung Bao Tong discoversan error in the description or price of any Products which the Customer hasordered, Tung Bao Tong will inform the Customer of the error as soon aspossible and give the Customer the option of reconfirming the Order at thecorrect description or price, or cancelling the Order. If Tung Bao Tong isunable to contact the Customer, Tung Bao Tong will treat the Order ascancelled. Where the Order is cancelled under this Clause and the Customer hasalready paid for the Order, the Customer will be entitled to a full refund ofany sums paid by the User.
5. Subsequent to the Confirmation of Order, TungBao Tong shall endeavor to deliver the purchased Products to the Customer atthe place of delivery requested by the Customer in the Order.
6. Tung Bao Tong shall make every effortto fulfill orders placed by the Customer, but shall not be liable to anyCustomer if Tung Bao Tong shall decline to or become unable to fulfill an Orderfor whatever reason including, but not limited to supply shortage and supplymodification.
7. The Customer acknowledges and agrees thatTung Bao Tong shall not be liable to the Customer for any losses, liabilities,costs, damages, charges or expenses arising out of or in connection with anylate delivery by Tung Bao Tong.
8. The Customer acknowledges and agreesthat risk of loss or damage to the purchased Products passes to the User upondispatch. The Customer acknowledges and agrees that title to the purchasedProducts passes to the Customer upon delivery.
9. If delivery is delayed through the Customer’sunreasonable refusal to accept delivery, or if the User does not acceptdelivery (within fourteen (14) days after Tung Bao Tong’s first attempt todeliver the Product to the said Customer) or collect the Product from therelevant courier, or an incorrect address is provided by the Customer, Tung BaoTong may (without prejudice to another other right or remedy under this Terms& Conditions of Users):
a) Charge the Customer for Tung BaoTong’s reasonable storage fees, re-delivery costs and/or other costs reasonablyincurred by Tung Bao Tong in delivering the Products; and/or
b) No longer make the purchased Productavailable for delivery and notify the Customer that the applicable contract iscancelled with immediate effect, in which case Tung Bao Tong will refund to theCustomer the applicable Charges actually paid by the Customer (less anyreasonable administrative fees or other costs.
CANCELLATION
1. Tung Bao Tong reserves the right to cancelthe applicable Contract and Confirmation of Order if it discovers an error orthe applicable Products in the Order are not available for any reason. In suchevent, Tung Bao Tong shall notify the Customer and return any Charges alreadymade, in such form as determined by Tung Bao Tong.
2. Prior to the shipping of the Order by TungBao Tong, the Customer may cancel the Order by contacting Tung Bao Tong’scustomer service team at cs@tungbaotong.com or using the Contact Us formon the Website. Tung Bao Tong reserves the right to charge a cancellation feeand/or an administrative fee to process the said cancellation of the Order. TheCustomer acknowledges and agrees that once the Order has been dispatched byTung Bao Tong, the Order may not be cancelled or amended by the User.