In these Terms of Sale, the following words shall have the meanings set out below:
- “Brother Hong Kong”, “we” or “our” means Brother International (HK) Limited.
- “Contract” means a contract agreed by you and Brother Hong Kong on the sale or supply of Goods pursuant to these Terms of Sale.
- “Delivery Date” means the selected delivery date for the Products in the Website to be picked up /delivered to you.
- “Products” means any goods or products or services offered for sale on this Website from Brother Hong Kong, including but not limited to, accessories, supplies, parts, multi-function centers, printers, facsimile machines, sewing machines, embroidery patterns, labellers and ScanNCut or items is identified in the Order.
- “Website” means www.brother.com.hk.
- “Standard Warranty” means Brother’s limited warranties set forth in this Website or located in a separate insert in the packaging of each Good.
- “Customers” or “You” means you or any person who order Goods through this Website from Brother Hong Kong.
- “Order” shall mean an online order or call order submitted through this Website/Telephone by you to purchase our Products.
- Prices, delivery charges and payment will be as specified in the Brother eShop, as determined when ordering online or over the phone. If applicable, Brother eShop will list delivery charges as a separate line item on its invoices. Prices do not include any taxes.
- Not all delivery options are available in all areas. There are no delivery services for outlying areas, and restricted areas in HK and Coloane, Macau
- All Prices quoted are in HK dollar and some Products do not include installation. If you need assistance in installation, you may be able to purchase an installation and set-up service at the time of purchasing the Products or you can contact Brother Hong Kong at (852) 3187 0500 or [email protected] for help.
- If customer is NOT available to receive his/her Products in the selected delivery date (door to door service)/ arranged pick up date (Locker service), customer should notify Brother eShop by email to [email protected] or call Brother Service Hotline at (852) 3187 0500 one business day (before 3pm) before, otherwise, delivery date may not be changed or charge you for reasonable cost incurred due to the late acknowledgement. Upon request acknowledged, delivery will be rescheduled.
- By submitting your order on this Website, you agree to accept these Terms of Sale and to be legally bound by them. If you do not wish to accept these Terms of Sale, please do not submit any order through this Website.
- After you placed an order to purchase Goods from Brother Hong Kong through the Website shopping cart, you will receive an e-mail of invoice and delivery note from Brother Hong Kong confirming receipt of your order. Your receipt of such email, however, does not signify Brother Hong Kong’s acceptance of your order, nor does it constitute confirmation of our offer to sell. While we generally will use our best effort to satisfy your order, we may choose not to accept any order or limit any order quantity due to shortage of stock, pricing, delivery or other errors, failure to verify or process payment or for any other reasons, even if you have made payment to Brother Hong Kong. Brother may require additional qualifying information prior to accepting or processing any order.
- If Brother Hong Kong declines your order, Brother Hong Kong will notify you by using the e-mail address you provided during your registration onto this Website or by phone within two working days after you placed the order. If payment was made and your order is cancelled, Brother Hong Kong will refund the appropriate amount of the charge to your credit card.
- If you do not receive any email or phone call from Brother Hong Kong informing you the cancellation of your order within 2 working days after you placed the order, your order is deemed to be accepted by Brother.
- Brother Products purchase within Hong Kong will only be shipped or delivered within Hong Kong and Macau.
- A legally binding contract will be formed once you received of our Order Confirmation in respect of such Products.
- Upon our receipt of full payment of the Products, we will arrange delivery of such physical products or notify you for the goods collection.
- Brother Hong Kong reserves the right to correct pricing errors that may inadvertently occur. In the event of a pricing error, we will notify you of the error and allow you to either proceed with the transaction at the correct price or cancel your order at no cost to you.
- You may pay for your order of the Goods with a major credit card issued in Hong Kong or Macau, with billing address in Hong Kong or Macau. Currently, we accept Visa, MasterCard, American Express, PayPal and Brother eShop coupon.
- You hereby represent and warrant that you are the legitimate holder or authorized user of the credit card that you use for payment of the Goods. You shall be responsible for notifying your bank for any changes to your record, or loss, or unauthorized use of your credit card.
- All the payment transaction authorization on this Website uses 256-bit Extended Validation Certificates (EV) SSL transaction encryption and supports CVV/CVC check as well as 3-D secure authentication of Visa and Master Card.
- Title to Goods passes to you when we receive full payment from you.
- Risk of loss of Goods passes to you when the Goods is delivered to your designated location.
- All orders placed on the Website are subject to Products availability and physical Products will be delivered according to Brother Hong Kong’s shipping policies. Please refer below link for the details. https://www.brother.com.hk/shipping.
- Delivery of the Products in the same order can be by one or multiple delivery.
- Brother Hong Kong will use its reasonable endeavors to deliver the goods to you on the delivery date that we notify to you. Since the actual delivery of your order can be impacted by many events beyond our control once it leaves our facilities, we shall not be liable for any delay in delivery of the Goods. Please refer to “Shipping Information” for delivery area, extra charge and other delivery terms and conditions.
- If customers fail to collect the purchased Products on the selected delivery/arrival date, or if customers fail to give us adequate or accurate delivery instructions, then, without prejudice to any other rights or remedies available to us, we may at our sole and absolute discretion (i) store the Products until actual delivery and charge you for reasonable costs incurred (including insurance and storage expenses); or (ii) charge you for any additional expenses incurred by us as a result of inadequacy or inaccuracy of Order information or your failure to take delivery; (iii) deal with the uncollected Products by any means without any obligation or responsibility to you (including without limitation refund of any amount paid or return of any e-Coupon used or any loyalty points deducted); (iv) authorize our designated delivery or storage service provider to deal with the Products in accordance to the delivery and storage procedures adopted by such service provider without any compensation to you (including without limitation any additional storage or delivery fees charged by such service provider which arise from your delayed collection of Products).
a) All sales made through the Website are subject to Brother Hong Kong's exchange policy. For details of the exchange policy, please see our policy at http://www.brother.com.hk/exchange_policy.
b) If you want to cancel the order before or after the delivery of the Products (box must not be opened yet), you can still request a cancellation, but Brother Hong Kong have the right to charge the corresponding collection charge plus a cancellation admin fee (20% of the order amount). Please call Brother Service Hotline (852) 3187 0500 or email to [email protected] for assistance.
c) If the returned goods conditions is not complete and clean, Brother reserve the right to reject the goods exchange.8. Warranty
a) All physical Goods include a Standard Warranty. To view the Standard Warranty for your Goods, please refer https://www.brother.com.hk/warranty_information for details.
b) The standard warranty Is in lieu of all ither warrities and all implied warranties, conditions and other terms (whether implied by statute, common law or otherwise) are hereby excluded to the maximum extent permitted by law. This exclusion shall not affect any implied term or warranty which cannot be so excluded under applicable law.9. Statutory Free Removal Service
Under the producer responsibility scheme on waste electrical and electronic equipment (WPRS), customers who purchase regulated electrical appliances, including printers, scanners, PC Connected labeler and ScanNCut as specified in the Producer Eco-Responsibility Ordinance, can request free removal service for the same type and quantity of used electrical appliances (only applicable to the same type of regulated electrical appliances Note 1). Please refer to below link http://www.brother.com.hk/weee.
Printers - not exceeding 30 kg in weight; one that can be used as a photocopier, facsimile transmitter or scanner is nevertheless regarded as a printer.
Scanners - not exceeding 30 kg.
Labelers - not exceeding 30 kg and with PC connection
ScanNCut - not exceeding 30 kg and consists of scanner function.10. Liability
a) Subject to clause 10(c), Brother Hong Kong’s total liability herein in respect of each claim or series of connected claim arising from or in connection with the Goods that you purchase pursuant to these Terms of Sale shall not exceed the total price paid by you for such Goods.
b) Subject to clause 10(c) and to the maximum extent permitted by law, neither party shall be liable to the other party for any indirect, incidental, special, consequential damages or any loss of business or profits arising out of or in connection with your purchase, use or performance of the Goods.
c) Nothing in these Terms of Sale shall limit or exclude either party’s liability to the other arising in respect of (i) fraud; (ii) death or personal injury arising from negligence; or (iii) any other liability which cannot be so limited or excluded under applicable laws.11. Campaigns/Rebate
The quantity of Goods being offered by Brother Hong Kong with a rebate and/or discount may be limited by Brother Hong Kong in its sole discretion. If any Goods are being offered with a rebate, you are limited to purchase up to two (2) units of such Goods within 1 year. Please refer below link for the Brother Hong Kong promotion terms and conditions. https://www.brother.com.hk/promotion12. Governing Law
These Terms of Sale shall be governed by and construed in accordance with the laws of Hong Kong and each party hereby submits to the non-exclusive jurisdiction of the courts of Hong Kong in relation to any dispute arising under or in connection with these Terms of Sale.13. General
a) Brother Hong Kong does not sell Products to children. If you are under 18 years old, you shall only use the Website under the supervision of a parent or guardian.
b) Brother Hong Kong sells and ships Products to end-user customers only. You may not purchase Products for resale, and we reserve the right to refuse or cancel or delay your order if we have reasonable grounds to believe the Product is not being purchased by you for end use.
c) In the event that any of the provisions in these Terms of Sale are held by a court or other tribunal of competent jurisdiction to be void or for any reason unenforceable, then that provision shall be limited or eliminated to the minimum extent necessary and such provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.
d) In case of any discrepancy occurring between the Chinese and the English versions of the Terms and Conditions, the English version shall prevail.
*In case of discrepancies between the English and Chinese versions, the English version shall prevail.
1st March 2021 Revised Version