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TERMS & CONDITION OF SALES
1. Sale and Purchase:
ODOYO International Limited shall sell and Customer shall purchase Products / Services in compliance with the Contract.
2. Order/Formation of Contract:
All orders of Products / Services placed by Customer shall be subject to the sole discretion and acceptance by ODOYO International Limited.
A Contract is made when notice of acceptance by ODOYO International Limited of an order by Customer is sent to Customer.
ODOYO International Limited will only accept orders for delivery of Products in Hong Kong from residents of Hong Kong and for delivery of Products who have attained the age of 18 years.
3. Price and Payment:
Pricing of Products / Services shall be as stipulated in the site's price lists available at this from time to time at the date of placement of orders by Customer.
The company accepts to use Faster Payment and PayPal for the electronic payment, the transaction may calculate to the Hong Kong dollars.
The company will through the third party payment service to process the online transaction. The customer place the order and that agrees and accept the terms and conditions of the payment service. The credit card information will be collected, processed and kept by the third party payment service provider. Meanwhile, the customer will take the responsibility on the solely and exclusively any lossless and incurred by using the credit card for the payment and in no event shall any such losses in whole or in part be borne by the company.
The company wont to collect and save credit card information. If the customer chooses to save the credit card information for the instant payment, the customer accepts and agree that the data will be collected and kept by the third party payment service provider.
The company reserves the right to change the payment terms for any order without prior notice.
All purchase prices will be quoted on Hong Kong Dollars basis unless otherwise specified explicitly.
For all credit card transactions, Customers shall bear the price differences due to exchange rate and/or any other charges incurred for whatsoever reasons by the credit card issuing bank.
4. Delivery (Applicable for Product purchase only):
ODOYO International Limited shall endeavour to arrange to delivery to Products at the delivery point designated by Customer (within the covered areas in Hong Kong as specified by us) on the purchase order, as applicable. ODOYO International Limited will charge Customer the shipping cost for any single order. The covered areas for delivery and the prevailing rate of the shipping cost are published on the "Delivery Method" section of this Site. ODOYO International Limited reserves its right to revise any terms of services (including but not limited to the covered areas for delivery and the delivery fee) from time to time without prior notice.
In any event (including but not limited to any change in delivery method), all shipping costs are non-transferable, non-refundable and exchangeable for cash or product once the order is confirmed.
In order to protect the interest of Customer and manage a complete record of delivery, ODOYO International Limited's staff shall request each individual recipient or his duly authorised representative to produce the following:
i. his/her original ID Card or any identification document acceptable by ODOYO International Limited in person for checking of the name and ID Card number of such individual recipient,
ii. the credit card being used for the transaction (or a copy of the card if he is an authorized representative)
iii. the duly completed written authorization (if applicable) and any other relevant documents for verification purpose("the said request") upon delivery.
ODOYO International Limited reserves its right to decline any delivery of Products if the said request is rejected.
Any dates quoted by ODOYO International Limited for the delivery of Products are estimates only and shall not form part of the Contract. In no event shall ODOYO International Limited be liable for increased cost, loss of profits or goodwill or any other special, incidental direct or indirect or consequential damages due to late delivery or non-delivery of Products.
If Customer fails to take delivery of Product(s) when they are made available to Customer or fails to provide accurate instructions, documents, licenses, consents or authorizations required to enable Products to be delivered for more than 90 days from the date of relevant notice, the Customer agrees that ODOYO International Limited shall be entitled, without giving prior written notice to Customer, to cancel the order of the Products and forfeit the payment made by Customer. Customer agrees that ODOYO International Limited shall not be responsible for any loss incurred by such cancellation due to his own default.
5. Acceptance (Applicable for Product purchase only):
Unless Customer notifies ODOYO International Limited to the contrary by telephone, facsimile transmission or email within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of the notification, Products shall be deemed to have been accepted by Customer as being in good condition and in accordance with the Contract.
6. Title, Risk of Loss or Damage (Applicable for Product purchase only):
No matter whether Customer is the designated recipient of such delivery or not, title and risk of loss or damage to Products shall pass to Customer on the physical delivery of Products to the address identified by the Customer in the order. Notwithstanding the foregoing, title to Products which are software products shall remain with the applicable licensor(s).
7. Telephone Support (Applicable for Product purchase only):
ODOYO International Limited will not offer telephone support to Customer for problems regarding any software or hardware products licensed or manufactured by a party other than ODOYO International Limited. If Customer needs such telephone support, Customer shall contact the respective manufacturer or licensor of each such software or hardware products.
The details of the Support are set out in the Support site page.
8. Limited Warranty (Applicable for Product purchase only):
For a period of one (1) year counting from the date of delivery or such warranty period otherwise stated（" Warranty Period"）, ODOYO International Limited warrants that Product is free from defects in materials and workmanship and in conformity with the respective specifications of Product.
9. Limitation of Liability:
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THE CONTRACT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD OR PROVIDED PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. SAVE THAT NOTHING HEREIN SHALL LIMIT EITHER PARTY'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
10. Critical Components:
Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
11. Changes:
12.1 ODOYO International Limited may update, revise or discontinue products and/or its peripheral products or related services and/or prices for Products / Services listed as available items on this web site at any time. Therefore, Customer agrees that changes between the shipped Products / Services and the Products / Services described in marketing materials (advertisements, catalogs, specification sheets etc.) may occur. All orders are accepted on these terms, which supercede any other terms appearing in ODOYO International Limited's web site or elsewhere and shall override any other terms referred to by the Customer or in any course of dealing.
12.2 ODOYO International Limited reserves the rights to amend these terms and conditions from time to time without prior notice.
12. Resale:
Customer agrees and warrants that the purpose of purchasing Products / Services is for Customer's own internal use only, and not for commercial resale. ODOYO International Limited shall be entitled to refuse to accept orders placed by Customer if Customer breaches or ODOYO International Limited, on reasonable grounds, suspects that Customer will breach this warranty. Customer shall not remove components from Products for resale.
13. Force Majeure:
Failure of ODOYO International Limited to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of the Contract is deemed by a court to be unenforceable, the remainder shall stay in effect.
14. Waiver/Invalidity:
The Contract shall be governed by and construed under the laws of Hong Kong. The parties submit to the non-exclusive jurisdiction of the courts of Hong Kong, being the place where Customer's order has been received and/or entered.
15. Governing Law:
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions of the Contract, and no construction or inference shall be derived therefrom.
16. Headings:
The terms and conditions herein may not be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
17. Entire Agreement:
The terms and conditions herein may not be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
