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TERMS AND CONDITIONS OF ONLINE SALE & REDEMPTION
1.1 "Contract" shall mean a contract agreed by you and us on the sale or supply of Products and purchase or redemption of Products according to these Terms and Conditions.
1.2 “Intellectual Property” shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, trademarks, database or copyrights, whether or not registered or registrable by any means, and the right to file an application for registration.
1.3 "Order" shall mean an electronic online order submitted through this Website by you to purchase/redeem our Products.
1.4 “Order Confirmation” shall mean the email confirmation sent to you after your order is successfully accepted by us.
1.5 “Product(s)” shall mean the products, peripherals of the products and/or other gifts available for sale/redemption on this Website, and forming the subject matter of this Contract as identified by you in the Order.
1.6 “Terms and Conditions” shall mean the terms and conditions stated herein.
1.7 “We”, or “us” shall mean GoCO Limited.
1.8 “Website” shall mean http://www.gocoworld.com
1.9 “You” shall mean you or any person who purchase/redeem Products or use coupons through this Website.
2. Basis of this Contract
2.1 These Terms and Conditions prevail over any other terms and conditions in the Order.
2.2 By placing an Order with us, you hereby warrant and represent that you have attained the age of 18 and have the capacity and ability to enter into legally binding contracts
3. Placing Order
3.1 Information contained in this Website constitutes an invitation to treat only, which shall not be regarded as an offer by us to supply any Products. The Order you placed with us will be your offer to us to purchase/redeem the Products as indicated in your Order. Once you have placed the order with us, you shall, to the fullest extent permitted by the applicable law, neither cancel nor vary the Order howsoever. We shall have sole and absolute discretion to accept or decline any or all parts of your order without giving any reason.
3.2 We will confirm our receipt of the order after receiving your Order which shall not be treated as our acceptance of the Order. After you have paid the relevant order fee, you will receive our order confirmation of the relevant order,to indicate that your order has been accepted.A legally binding contract will not be formed unless and until your receipt of our Order Confirmation in respect of such Products.
4. Price and Payment
4.1 Payment shall be made by the method designated in the Website. All prices quoted are in Hong Kong dollars.
4.2 You agree to pay for every Order made under your login account or credit card and agree to indemnify us for any claims, losses and damages whatsoever arising from the actions of any person placing any Order for the Products using your login account or credit card. You shall be responsible for notifying your bank of and be liable for any changes to your record, or loss, theft or unauthorized use of your credit card.
4.3 We will update this Website from time to time including the specifications and prices of the Products. Please visit this Website regularly in order to obtain the most updated and accurate information.
4.4 Upon our receipt of full payment of the Products, we will arrange for delivery of such Products or notify you for collection of such Products.
5. Installation Service
5.1 The installation service is only applicable to the address where the on-site provision is completed. No relocation service shall be provided.
6. Service Warranty
6.1 During the service maintenance period, customers can enjoy free customer hotline service and three remote maintenance services within a year. If the Customer requires any extra on-site maintenance service, the Company shall charge a service fee.
The service warranty provided by the Company will automatically become invalid under the following circumstances:
a) the Service and the Equipment have not been used in a fit and proper manner, or; b) the Service and the Equipment have been damaged by any misuse, negligence, abnormal power supply and voltage, fire, water, typhoon and/or other natural disaster, or have been subject to any unauthorised alteration, modification or repair or use of defective or incompatible accessories.
7. Warranty and Liability
7.1 Any conditions or warranties, whether expressed or implied by statute, common law, trade custom, or otherwise, including warranties of merchantability or of fitness for a particular purpose, and any additional liability, compensation or indemnification, other than those expressly provided for in these Terms and Conditions, are, insofar as permitted by law, hereby expressly rejected.
7.2 You acknowledge and agree that any description (including those shown in pictures) which is given or applied to the Products is only for the purpose of identifying the goods, and shall not make this Contract a sale by description; and is not relied on by you when entering into this Contract.
7.3 If you use any personal password to gain access to this Website, we shall not be liable for any offline password management. You shall ensure that your password is kept strictly confidential to prevent unauthorized use. We shall not be liable for any loss or damages whatsoever if any third party gains unauthorized access to this Website by using your password.
7.4 We give no warranty as to the accuracy of the information contained on this Website. We shall not be liable for any liability arising from any reason including but not limited to any inaccuracy or inconsistency of the information, defect of the Products, or negligence, or from any use of the Products. The digital images displayed on this Website are for reference only. Any typographical error, clerical or other error or omission on this Website, any sales literature, quotation, price list, acceptance of offer, invoice, statement made during customer service or other document or information issued by us shall be subject to correction at any time without any liability on our part.
7.5 You shall be responsible for ensuring (i) the completeness, correctness and accuracy of all information provided in connection with your Order, including without limitation, the Delivery Address, recipient information and payment details and (ii) the timely collection of Products from the selected collection location. We shall not be liable for any failure or delay or otherwise in discharging our obligations and/or performing our duties under this Terms and Conditions if such default is in any way due to the incomplete, incorrect and/or misleading information provided by you in respect of the Order or your delay in collecting the Products. You undertake to indemnify and hold us and the relevant third parties harmless from and against all costs, losses and damages incurred or suffered as a result of your provision of incomplete, incorrect and/or misleading information in respect of the Order or your delay in collecting the Products.
7.6 We shall not be liable for any losses, damages, costs and expenses directly or indirectly suffered by you (including but not limited to, loss of profits, loss of savings, loss of goodwill, loss of revenue or loss of contracts incurred by you, whether anticipated or actual, or any special indirect or consequential damages of any nature whatsoever) or any action, claims and proceedings taken against you by any third parties in connection with, incidental to and consequential upon the performance of us in relation to these Terms and Conditions or the use of Products. Notwithstanding anything to the contrary, to the extent permitted by law, our total aggregate liability in contract, tort, equity or otherwise for any direct loss or damage arising out of or in connection with the use of the Products and these Terms and Conditions shall be limited to the amount in double paid by you for purchasing that Products arising such problem.
8. Force Majeure
If the performance by us under this Website is prevented by reason of force majeure (which shall include fire, casualty, accident, act of God, natural disaster, any law, order, declaration, regulation, demand or requirement of the Government of Hong Kong or Macau or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever beyond the reasonable control of us), we shall not be liable from such performance to the extent of such prevention.
The sale of any Products shall not include any right, title or interest in any of the Intellectual Property rights found in or relating to such Products. All such copyrights and other Intellectual Property rights shall at all times remain the property of author or Product manufacturers. Reproduction of any Intellectual Property rights in the Product in any manner is expressively forbidden. You shall be liable for all consequences caused by your breach of Copyright Ordinance.
10. Personal Data
11.2 You shall not assign or transfer any rights or obligations under these Terms and Conditions or the Contract to any third party without our prior written consent thereto.
11.3 No failure or delay by us in exercising any right, power or remedy under these Terms and Conditions or the Contract shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of these Terms and Conditions or the Contract shall be deemed to be a waiver of any subsequent breach of that or any other provision of the same.
11.4 The provisions contained in each clause of these Terms and Conditions shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. In the event any provision of these Terms and Conditions is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of these Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
11.5 Your rights to use the Products (subject to other obligations listed in these Terms and Conditions) are conditioned upon your compliance with all applicable export laws and regulations. You represent and agree that you will not use, disclose, distribute, transfer, export, or re-export any portion or all of the Products in any form in violation of any applicable export laws and regulations, including the export laws and regulations of the United States. In addition, if the Products are identified as an export controlled item under the applicable export laws and regulations, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation and that you are not otherwise prohibited under such laws and regulations from using the Products.
11.6 A person who is not a party to these Terms and Conditions shall have no right at law to enforce any of these Terms and Conditions.
11.7 These Terms and Conditions shall be governed and interpreted by the laws of Hong Kong. You hereby irrevocably submit to the jurisdiction of the Hong Kong Courts in connection with any disputes arising from or in connection with these Terms and Conditions.
11.8 In case of any discrepancies occurring between the Chinese and the English versions of these Terms and Conditions, the Chinese version shall prevail.
11.9 If any dispute arises, the Company’s decision shall be final.
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