Terms & Conditions
This Agreement contains the terms and conditions that apply to your browsing or purchase of Products or booking an appointment of Services through our CWmall Online Store. You acknowledge that you are fully aware of the contents of these terms and conditions, and you agree to be bound by and accept these terms and conditions and those set out in our website(cwmall.hk).
We may periodically amend these terms and conditions. As you are bound by these terms and conditions, please review this page periodically.
- "Agreement" means an agreement made between the Company and the Customer containing these terms and conditions.
- "Customer" means a person who places orders for purchase of Products or books an appointment of Services through the Online Store or accesses to the Online Store.
- "Hong Kong" means the Hong Kong Special Administrative Region of the People’s Republic of China.
- "Online Order Form" means the electronic application form completed by the Customer at the time of purchasing the Products or booking an appointment of Services.
- "Online Store" means cwmall.hk and any associate web pages linked to it.
- "Order" means an order for the purchase of Products and/or booking for an appointment of the Services.
- "Product" means product(s) offered for sale through the Online Store and/or premium(s) associated with purchase of Product.
- "Refund" means refund of credit to the Customer’s credit card.
- "Service" means the service(s) offered through the Online Store.
- "Supplier" means the third party supplier of the Product / Service.
- "Supplier Warranty" means a warranty provided by the Supplier for a Product / Service.
- "The Company" means Chong Wai Trading Limited.
Acceptance of Orders
- All Orders of the Product / Service placed by the Customer shall be subject to acceptance by the Company. The Company has the right to refuse to accept or reject any Order for the Product / Service in the Online Store without giving prior notice to the Customer.
- The acceptance of Orders is subject to the availability of stocks. In case of shortage of the Products, the Company may allocate sales and deliveries at its sole discretion.
- The Company will only accept Orders for delivery of Products / Services in Hong Kong.
- The Customer must satisfy the following requirements before making any purchases in the Online Store:
- age 18 or above;
- be able to provide valid and correct personal and payment data on the Online Order Form, including but not limited to Customer’s email address, billing address, delivery address, name, contact telephone number, billing information, and other information required by the Online Store.
- The Company will not be held liable for any loss or damages as a direct or indirect result of any of the following circumstances:
- the Customer information has been seen or obtained through other means by a third person when the Customer is making online payment due to his or her negligence or omission;
- the Customer fails to provide complete, correct, or accurate information during the online payment process;
- other reasons related to the specified payment method; or
- other reasons related to the devices or the browsers used by the Customer.
Online Store Account
- Each Customer can only register one Online Store account.
- The Customer must keep the username and password confidential.
- Customer can write a product review after login. The customer reviews have no relation with the company and do not represent the company's stand.The company reserves the right to publish or remove your review at its sole discretion without further notice.
- The Company reserves the right to terminate an account permanently or suspend an account for a period of time without prior notice to the Customer.
Price and Payment
- Payment shall be made by credit card (Visa / MasterCard / UnionPay), or Bank Transfer or any other method(s) specified by the Company from time to time.
- When the Customer uses the credit card for payment, the Customer must input the valid credit card information to proceed to payment. The Company will verify the validity of the credit card with its issuer and will then send a confirmation to the Customer if the credit card transaction payment is accepted. The credit card will be charged when the Order confirmation is sent to the Customer.
- The Customer shall bear the price differences due to exchange rate and / or any other charges incurred for whatever reasons by the credit card issuer for all transactions.
- All prices are quoted in Hong Kong Dollars unless otherwise specified explicitly. The Company can adjust such prices immediately at any time at its absolute sole discretion without giving prior notice to the Customer.
- The price displayed in the Online Store is for reference only. The specific price offers that the Customer can enjoy will depend on the offers that the Customer has already enjoyed or may enjoy.
- The Company will use its reasonable endeavours to ensure, but cannot guarantee, that the prices stated in the Online Store are accurate. The Company reserves the right to correct any errors. If it is found that the price of any Product / Service ordered by the Customer is incorrect, the Company will notify the Customer as soon as possible. In such case, the Customer can choose to:
- reconfirm the Order;
- cancel the Order; or
- if the Customer cannot be contacted, the Company will treat this as a cancelled Order and provide refund in accordance to the "Cancellation and Refund for Purchased Product" policy.
- The Company will not charge the Customer the Restocking Fee for the above situations.
- The Online Store payment system will generate Order / Booking Number for every successful payment transaction. If, for whatever reason (including without limitation, a failure of the Online Store payment system or of the Customer’s own computer system or the Customer decides to go to another site on the Internet or to close the browser during payment), an Order / Booking Number is not presented within a reasonable period of time after the Customer has duly submitted all the necessary particulars, the Customer should contact the Company to confirm whether or not the payment has been successfully completed.
Appointment, Delivery, and Pickup Services
- Various additional Services are available for order on the Online Store, including:
- pickup of Product at the Company’s stores by the Customer;
- appointment for service or installation plan enquiry at the Company’s stores; and/or
- arrangement of delivery of Product by the Company to the address specified by the Customer.
- All dates quoted by the Company for pickup / delivery of Product are estimates only.
- The Company shall not be liable if delivery or pickup of the Product is delayed or unsuccessful, due to, including without limitation any of the following reasons:
- incorrect information provided by the Customer (for example, incorrect delivery address or contact information);
- no one is available to receive the Product when the Product is delivered;
- fault due to third party courier; or
- other circumstances that are beyond the reasonable control of the Company.
- The Company reserves the right not to deliver the Product to a specific address, even if it is a Hong Kong address.
- Unless otherwise specified, the Customer is required to pay a specified delivery fee for delivery of the Product to the address specified by the Customer. The exact delivery fee will be subject to the designated address provided by the Customer and the delivery fee may vary from time to time.
- Customer may be required to pay an additional delivery fee if the Customer did not provide the correct delivery address.
- For pickup of Product in store, the Customer or the person authorised by the Customer for pickup is required to open the package(s) and check all Product(s) before signing the official receipt. No return or refund will be made after the signing of the official receipt.
- The Company reserves the right to revise any terms of the delivery service (including but not limited to the covered areas for delivery and the delivery fee) from time to time without prior notice.
- The Company will not accept any changes to the delivery method (delivery or store pickup) once the Order has been confirmed.
Risk of Loss or Damage
- Any title, right, or risk in the Product shall transfer to the Customer upon the physical delivery of the Product to the address identified by the Customer in the Online Order Form, regardless whether the Customer is the designated recipient of the delivery. Notwithstanding the foregoing, title of the Product / Service which are software products shall remain with the applicable owner(s) / licensor(s).
Change of Order and Exchange of Product / Service Plan / Service
- Once the Order has been confirmed, no changes to the Product(s) / Service Plan(s) and the associated item(s) / Service(s) and their quantity will be accepted.
- A request for exchange is only accepted for delivered Product(s) or item(s) associated with the Service Plan that is/are damaged on arrival only (“Damaged Product”). The exchange request is valid for 7 days after the successful delivery date.
- Exchange will not be provided for Damaged Product(s)or item(s) associated with the Service Plan where damage is due to (1) undue wear and tear; (2) negligence, omission or mishandling of the products; or (3) alteration or repair made without the authorisation of the Company.
- The Customer must present the Damaged Product(s) / item(s) in full package together with the official receipt at the Company’s stores to request exchange. The Company has the sole discretion to provide exchange or refund.
- For any problems of the Product(s) purchased on the Online Store or item(s) identified after the package was opened, the Customer shall bring the relevant receipt(s) to the designated suppliers' repair centres for replacement or repair.
- The Company shall have the right to make final decision on the quality of the Product(s) / item(s) and their eligibility for exchange.
Cancellation of Appointment
- Customer can only apply for cancellation on or before the appointment date at the selected store or through hotline. If the cancellation is accepted, full refund of the deposit (if any) for the appointment will be made to Customer.
- If the Customer fails to collect the product(s) at the selected store on or before the appointment date and has not applied to cancel the appointment, the deposit (if any) will be forfeited.
- Cancellation of appointment is only available for Hong Kong customers.
Cancellation and Refund for Purchased Product
- Request for cancellation is applicable for (1) Product that has been or will be arranged for delivery, (2) Product already delivered to the Customer or (3) store pickup of product provided the Customer has not signed the official receipt.
- Cancellation of the Product will only be accepted under the following conditions:
- the package of the Product has not been opened;
- the product is not under special promotion (including but not limited to super deal, combo set, etc.).
- The Customer can make a request for cancellation (1) before the pick-up deadline and before signing the official receipt in store; or (2) by returning the purchased product in full package together with the official receipt to the Company’s stores within 7 days (counted from successful delivery date).
- If the Customer does not pick up the order by the pick-up deadline or if the product cannot be successfully delivered for whatever reasons, the Company will handle the order as if it is a cancelled order. The Company may forfeit the cancelled item(s).
- If the cancellation is accepted, the Company will arrange refund to the Customer in approximately 7 working days.
- Cancellation or refund may not be applicable to an Order or item(s) of an Order that has enjoyed certain promotional offers.
- Under no circumstances will the gift wrapping and / or delivery fee be refunded.
- The information sheet of the Products may indicate that there is a Supplier Warranty.
- Where a Supplier Warranty applies to the Product, the Customer shall send the Product or parts thereof directly to the relevant Supplier for repair or replacement in accordance with the terms of the Supplier Warranty. The Company shall not be liable for any Product related liabilities that are caused by the Supplier's error, negligence, or omission. All Product related liabilities shall be solely borne by the Suppliers.
- All express or implied warranties, representations or statements relating to the Product or Service which are not contained in this Agreement are excluded.
- The warranty period of the Product and accessories shall start from the date of purchase. The warranty shall continue notwithstanding any transfer of ownership of the Product/accessory item.
- The Customer's sole and exclusive remedy during the warranty period shall be limited to repair or replacement.
- The warranty will be rendered invalid if the defective Product or accessory item or any part thereof is caused by (1) undue wear and tear, (2) negligence, omission or mishandling of the Product or accessory item; or (3) alteration or repair made without the authorisation of the Company. The Company may at the Customer's request carry out the repair or replacement work not covered by the warranty but subject to the Customer paying the Company's prevailing charges (which are subject to change from time to time) for such services.
Intellectual Property Rights
- All software and contents (defined here as any texts, audios, music, images, photos and pictures, or any contents containing the above) of the Online Store are the Company's intellectual property works and hence are protected by intellectual property rights, copyrights laws, and international conventions. The website of the Online Store is for personal use only and not for commercial use. Content of the website can be used only when the explicit authorisation of the Company and/or its third party licensor is obtained. Without the consent or authorisation of the Company, no content of the website can be published in print or online media, reproduced, sold, or licensed. Any unauthorised act may result in civil liabilities or criminal sanctions.
- Failure of the Company to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its rights and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
- This Agreement will be construed in accordance with the laws of Hong Kong and the parties agree to the exclusive jurisdiction of the Hong Kong courts in the event of any dispute.
- Any software or other intellectual property rights of a third party Supplier in the Product / Service are subject to the terms and conditions of such third party Supplier ("Supplier Licence"). The Customer shall abide by the terms and conditions of the Supplier License and the Company will not be liable or responsible for any costs or damages relating to the use or breach of the terms and conditions of the Supplier License. For the purpose of this clause, "Intellectual Property Rights" means all copyright, design rights, trademarks and other intellectual property rights (whether registered or unregistered and all applications for the same) comprised in the third party supplied Product / Service.
- This Agreement embodies the entire understanding between the parties relating to the Product / Service and there are no promises, terms, conditions or obligations, oral or written expressed or implied other than those contained in this Agreement. No amendment or variation of any provision contained in this Agreement by the Customer will be effective unless it is in writing and signed by a duly authorised representative of the Company. The Company reserves the right to amend these terms and conditions from time to time without prior notice.
Third Party Content
- The Online Store may contain contents contributed by any parties other than the Company ("Third Parties"). To facilitate access to information provided by or through Third Parties, the Company may provide or assist in providing links to external websites or resources for the Customer to access to at the Customer's sole discretion. The Company states that it has not approved or endorsed the contents contributed by Third Parties in the Online Store or any external websites linked to it.
- The provision of any such contents or links to external websites shall not constitute any form of co-operation or affiliation with the Company with any such Third Parties or external websites.
- When the Customer chooses to enter any of the linked external websites, the Company shall not be responsible to the Customer and/or any party, directly or indirectly, for (including without limitation, to):
- the privacy practices of such external websites;
- the availability of such external websites or resources, and any contents, advertisings, products, materials, goods, services or otherwise on or available from such websites or resources; and
- any loss, destruction, or damage (including without limitation to accidental or consequential loss, destruction or damage) caused or alleged to be caused by or in connection with use of or in reliance on any such contents, advertisings, products, materials, goods, services or otherwise available on or through any such websites or resources.
Limit of Liability
- The Company excludes all liability or responsibility for any cost, claim, damage or loss to the Customer or any person whether direct or indirect of any kind including loss of revenue, loss of profits or any consequential loss in contract, tort or under any statue or otherwise (including negligence arising out of or in any way related to this Agreement). Save that nothing herein shall limit the liability of the Company for death or personal injury arising from its negligence.
- The Company will use its reasonable endeavours to ensure that the contents and Product / Service descriptions in the Online Store are accurate and complete but cannot guarantee that all the contents and Product / Service descriptions are accurate, complete, updated and free of error. The Company shall not be liable for any errors of information posted in the Online Store. The Company shall have the right to, from time to time, modify or correct any errors or omissions in the Online Store or in any product sales materials, quotations, orders or other materials without incurring any liability.
- Price of a Product and the savings under different promotional offer may vary. The Company does not guarantee that the price shown in shopping bag of the Online Store is the best price that the Customer can get for the Product.
- Any items in product photos but not stated in "In the Package" are for illustration only and must be purchased separately.
- Colour and photo of Products displayed on Online Store are for reference only.
- The stock of premiums associated with purchase of Product will be subject to availability and will be given on a first come first served basis.
- The Company shall not be held liable for any delay or failure in its performance or any breach of contract which was directly or indirectly caused by any of the following reasons: acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, trade embargo, strike, labor dispute, equipment failure (including without limitation, Internet access failure) or other factors beyond the reasonable control of the Company.
- The Company does not guarantee that the servers of or providing support to the Online Store do not contain viruses or other harmful components. Customers must ensure that they adequately protect themselves and any of their equipment, software, and data by taking appropriate steps such as using up-to-date antivirus and firewall software.
- The Company reserves the right to modify and revise all terms and conditions herein contained from time to time without prior notice.
- If the Online Store becomes unavailable for use at any time or a period of time for whatever reasons, the Company shall in no circumstances be liable.
- In case of disputes, the decision made by the Company shall be final and conclusive.
- In the event of any discrepancy between the English and Chinese versions of the above terms and conditions, the English version shall prevail.