Fujitsu Business Technologies Asia Pacific Limited Online Store Terms and Conditions of Online Sales (“Terms”) by FUJITSU-MALL.COM
Scope
ATTENTION:Please read these Terms carefully as they apply to orders submitted by you to FUJITSU-MALL.COM via online for products and services available in the Fujitsu Mall website (“Fujitsu Mall”). By ordering online you confirm that you agree to these Terms governing such purchases.
Prices and Delivery Charges
Prices,delivery charges and payment will be as specified in the Fujitsu Mall, as determined when ordering online. If applicable, FUJITSU-MALL.COM will list delivery charges as a separate line item on its invoices. Prices do not include any taxes and tariff. You may be demanded to pay directly or reimburse Fujitsu Mall for the amount of such sales, value added or other tax tariff, duty or assessment which Fujitsu Mall is at any times obligated to pay or collect.
FUJITSU-MALL.COM reserves the right to change prices published on the Fujitsu-Mall at any time including, in respect of an order, at any time prior to acceptance of that order by FUJITSU-MALL.COM
FUJITSU-MALL.COM reserves the right to correct the price at any time prior to delivery where there has been a typographical or other error in the price.FUJITSU-MALL.COM will notify you of the corrected price for the order to be affected and in the course of proceeding. You may choose to pay the corrected price, however if you do not choose to pay the corrected price,then FUJITSU-MALL.COM will have the right to cancel your order without further obligation to you (other than to issue an appropriate refund or credit to your account, as may be applicable, if you have already paid).
No delivery will be made to locations in Sha Tau Kok (Inside Restricted Area),Ta Kwu Ling, Man Kam To, Mai Po, Lok Ma Chau, Closed Area, Lo Wu, Po Toi, Tung Lung Chau, Grass Island, Crooked Island (Kato), Tung Ping Chau, Mui Wo, Lamma Island, Peng Chau, Cheung Chao, Tai O and Lantau Island.
Prices quoted do not include installation. If you need assistance in installation, you may be able to purchase an installation and set-up service atthe time of purchasing the product. For quotation and details, you can contact Fujitsu Authorized Service Center for help.
Orders
All orders are subject to acceptance by FUJITSU-MALL.COM. FUJITSU-MALL.COM will provide you with an order acceptance or rejection notice as soon as reasonably possible. You will specify a delivery address within Hong Kong, unless otherwise agreed. Once you have submitted your order, it is final and binding upon you. Fujitsu products purchased within Hong Kong will only be shipped or delivered within Hong Kong.
Order Cancellation
FUJITSU-MALL.COM reserves the right to cancel any accepted order prior to delivery at FUJITSU-MALL.COM's discretion in the event of any pricing error or any material error in connection with your order or other conditions published in the FUJITSU-MALL relevant for your order, or if any further verification of your credit conditions or records so warrants. If you have already made payment and your order is cancelled, FUJITSU-MALL.COM will issue an appropriate refund or credit to your account, as may be applicable and in a manner as Fujitsu Mall thinks fit.
You may refer to Return Policy or the section of "FUJITSU Products Availability & Discontinuance" below for other circumstances as appropriate.
Payment
Payment for products is due prior to delivery of the product. Payment for services is due prior to return of the serviced goods to you. Payment for services is due upon receipt of invoice. In any event you must make your payment in a form and at a time acceptable to FUJITSU-MALL.COM. Where you make your purchase relying on credit provided by a third party, any acceptance by FUJITSU-MALL.COM is subject to that third party providing credit to you. FUJITSU-MALL.COM is not bound to complete the order and has no liability to you in the event that that third party fails to provide sufficient credit for the purchase.
FUJITSU-MALL.COM may change credit or payment terms at any time if, in FUJITSU-MALL's opinion, your financial condition, previous payment record or the nature of your relationship with FUJITSU-MALL.COM so warrants.
Title and Risk of Loss
Title to hardware products passes to you upon full payment. Risk of loss pass to you upon delivery.
FUJITSU Products Availability & Discontinuance
Availability of the products is limited, and products may not be available for immediate delivery. FUJITSU-MALL.COM reserves the right, without liability or prior notice, to revise or cease to make available any or all products. If there is any revision or cessation, FUJITSU-MALL.COM will contact you and will discuss what (if any) alternative products are available. You will have the option to cancel or amend your order. If you have already made payment and your order is cancelled, FUJITSU-MALL.COM will issue an appropriate refund or credit to your account, as may be applicable. If your order is amended and purchase price changes, you will pay any additional amount due to FUJITSU-MALL.COM in accordance with the payment terms herein stated or FUJITSU-MALL.COM will issue an appropriate credit to your credit card account, as the case may require.
Personal Use
Products and services acquired by you under these Terms are solely for your personal use and not for immediate resale or sub-licensing. You should not use or permit the item to be used in contravention of any statutory provisions or regulations or in any way contrary to the law or for any purpose for which the item is not designed.
Your responsibilities
You should make periodic backup copies of the data, files and programs stored on your products, including hard drives and storage devices, as a precaution against possible failures, alteration, or loss of the data. Before returning any product for service, be sure to back up data and remove any confidential, proprietary or personal information. Data may be lost during service. You should maintain a separate backup system or procedure that is not dependent on the products so you can reconstruct lost or altered files, data, and programs.
You may take further steps as may be properly recommended by the manufacturer or may otherwise be necessary to ensure that the items will be safe and without risks to safety when properly used by you or other your designated people.
Warranty
All FUJITSU branded products are covered by the applicable FUJITSU warranty for Hong Kong,according to the terms and limitations specified in the warranty statement bundled with such products. Products may have been manufactured using some refurbished components or may have been used internally for reliability or performance testing. Replacement products or parts may be new or reconditioned or refurbished or comparable versions of the defective item. FUJITSU does not warrant that the operation of products will be uninterrupted or error-free. Except to the extent prohibited by law, FUJITSU is not responsible for damage that occurs as a result of your failure to follow the instructions intended for the product.
Software Licenses
FUJITSU software products are subject to FUJITSU’s standard license terms posted in the FUJITSU-MALL. Non-FUJITSU software products and, exceptionally, some FUJITSU software products may be subject to different license terms, as provided with such products.
Limitation of the Liability
These terms and conditions set out the full extent of FUJITSU-MALL.COM’s obligations and liabilities in respect of the supply of the FUJITSU branded products and there are no warranties, conditions or other terms that are binding on FUJITSU-MALL.COM except as expressly stated in the Terms. Any warranty, condition or other term concerning the FUJITSU branded products which might otherwise be implied into or incorporated in the Terms by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.
To the extent permitted by applicable law, FUJITSU-MALL.COM will not be liable for any loss of data.
FUJITSU-MALL.COM does not exclude or limit liability for death or personal injury (including to the extent caused by its negligence) or for any other liability that cannot be excluded or limited by law.
FUJITSU-MALL.COM will not be liable under the Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
FUJITSU-MALL.COM shall be released from all obligations under its warranty in the event that the items has been subjected to misuse, accident or improper installation, or if repairs or modifications were made by persons other than FUJITSU MALL'S own authorized service personnel.
FUJITSU-MALL.COM’s maximum aggregate liability under the Terms whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the FUJITSU branded products in question.
Protection of Personal Data
You agree that any personally identifiable information you provide to us in connection with the FUJITSU MALL may be dealt with by FUJITSU-MALL.COM in accordance with the terms specified in the FUJITSU MALL Privacy Policy available at the bottom of the FUJITSU MALL website.
You also agree that FUJITSU-MALL.COM may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal information that you provide may be checked against a credit reference or fraud prevention agency, which may keep a record of that information.
Export Statement of Assurance
Products obtained under these Terms will be subject to Hong Kong and other government export control laws and regulations as applicable in Hong Kong. You must comply with those regulations whenever it exports or re-exports controlled products or technical data obtained from FUJITSU-MALL.COM or any product produced directly from the controlled technical data.
Other applicable terms
You may have additional rights under your local statutory or consumer laws, which provide you with other remedies. To the extent that these Terms, FUJITSU's warranty, standard license or Warranty terms are inconsistent with the statutory laws of Hong Kong, they are deemed modified to be consistent with such local law.
Products are manufactured for standard commercial uses and are not intended to be sold or licensed for use in critical safety systems, in hospitals in situations where uninterrupted performance is desirable or in nuclear facilities.
FUJITSU-MALL.COM is not responsible for delay or failure to perform under these Terms due to causes beyond its reasonable control. Each party will treat and hold confidential information provided by the other party which is marked as confidential or proprietary.
FUJITSU-MALL.COM may subcontract the performance of services to qualified service suppliers.
All documents referred to in these Terms are incorporated into these Terms and are available from FUJITSU-MALL.COM upon request.
Any customer site access requirements will not be enforceable to either increase the obligations or liabilities or reduce the rights under these Terms of FUJITSU-MALL.COM, its officers, employees, or subcontractors.
Any term or condition of your order which is any way inconsistent with or in addition to these Terms will not be applicable or binding on FUJITSU-MALL.COM unless otherwise agreed in a written agreement signed by you and FUJITSU-MALL.COM and FUJITSU-MALL.COM's failure to object will not be considered a waiver of these Terms.
Entirely of Agreement
The Terms issued by Fujitsu Mall and accepted by you represents the entire understanding between the Parties in relation to the matters dealt with herein and supersedes all previous covenants and representations, written or oral, made by one party to the other.
Governing Laws
Any contract or dispute arising in connection with Terms will be governed by laws in force in Hong Kong.
Reserved Right
All rights and powers not specifically and expressly granted exclusively by FUJITSU-MALL.COM to you in the Terms are hereby reserved by FUJITSU MALL.
