TERMS AND CONDITIONS
This website ("the Site") is provided by Miles Year Limited. Use of the Site is governed by these terms and conditions. Please read them now.
By using the Site you indicate that you accept the Terms and Conditons and that you agree to abide by them. If you are not willing to accept these Terms and Conditions you may not use the Site.
"Company" means Miles Year Limited.
"Customer" means the party who or which purchases the Products from the Company, and includes the Customer's representatives, successors and permitted assigns.
"Contract" means any contract or agreement arising out of the acceptance of any offer, whether that contract arises out of an offer made by the Company and accepted by the Customer, or an offer made by the Customer and accepted by the Company, and includes the terms and conditions of any agreement between the parties regarding installation, if applicable.
"Products" means the products sold to the Customer by the Company which form the subject matter of the Contract.
Thank you for visiting firstbike-hk.com. We provide services to you through our website and those services are provided to you on the basis of these terms and conditions. Please note that they may vary from time to time without notice to you. firstbike-hk.com are operated by Miles Year Limited, 802 Park Building, 476 Castle Peak Road, Cheung Sha Wan, Hong Kong.
These terms and conditions apply to all users (including casual browsers) whether or not a registration process has been completed.
Description of Services
We endeavor to ensure that all prices and specifications are correct on the website, however we reserve the right to alter prices and specifications as necessary. Goods supplied are not for resale. All products and offers are subject to availability.
Proprietary Rights & Licenses
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on our web site or is part of our services, is protected by our and their copyrights, trade marks, service marks, patents or other proprietary rights and laws.
We own or are licensed to use all intellectual property rights (including all copyrights, patents, trade marks and trade secrets) in connection with and in all versions of the website and our services, the software we use to operate the web site and services and any data (including data obtained from you during the registration process) generated by users of the web site and services. You are not permitted, except where expressly authorized to do so, to change, copy, store, publish, rent, license, sell or distribute in any way any of these intellectual property rights.
We may provide links to other websites or resources. These are provided purely as a matter of convenience and we do not endorse the contents of those websites. We are not responsible for the availability of these websites, nor will we be liable in any way for any loss or damage which you may suffer by using those web sites. If you decide to access linked third party web sites you do so at your own risk.
Terms and Conditions of Sale
Please read these terms and conditions carefully before placing an order with firstbike-hk.com or to the Company. By placing an order with firstbike-hk.com or to the Company, you signify your agreement to be bound by these conditions. Miles Year Limited may modify these Conditions without obtaining the individual approval of the Customer, and the Customer approves such modifications in advance.
Your order is an offer to the Company to buy the product(s) in your order, which we are free to accept or decline at our absolute discretion. When you place an order to purchase a product from firstbike-hk.com, we will send you an email confirming receipt of your order and containing the details of your order (the "Order Confirmation Email"). The Order Confirmation Email is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we received the full payment of the total amount indicated from your Order Confirmation Email from you.
Your contract is with Miles Year Limited. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, technology, payment methods, relevant laws and regulatory requirements and/or in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
Orders are for the personal, non-commercial use of our customers. Multiple orders deemed to be commercial quantities will not be accepted. Contact us if you are interested in becoming a reseller or retailer.
Pricing and Availability
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by email as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
Despite our best efforts, a small number of the items in the website may be mispriced. We will verify pricing when processing your order. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will refund you the difference and send you the product.
Unless expressly indicated otherwise, Miles Year Limited is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
Unless otherwise quoted or agreed in writing, the Company is not responsible for delivering the Products and the Customer is responsible for all costs related to the delivery of the Product.
The Customer acknowledges that delivery dates given in advance are estimated and will be made subject to prior orders on file with the Company. The Company will use its best endeavours to ensure that delivery is completed as soon as is reasonably possible after the estimated delivery date. Notwithstanding the aforegoing, the Company shall not be liable for failure to perform or delay in performance hereunder resulting from any cause beyond the Company’s control.
Subject to a quote or written agreement between the parties providing to the contrary, risk in and to the Products shall pass to the Customer upon delivery, regardless of whether or not the Company has agreed to effect installation of the Products.
The Customer shall immediately upon receipt of the Products from the Company be allowed to inspect the Products and the Customer must inform the Company of any errors by way of written notice, to be received by the Company within 14 (fourteen) days of receipt of the Products by the Customer. Should the Customer fail to notify the Company of any claim the Customer may have in terms hereof within the specified 14 (fourteen) day period such failure shall constitute a complete waiver of any such claim.
Any of the Products delivered to the Customer in error will only be considered for return by the Company provided that such Products are undamaged, have not been tampered with in any way and are not defaced in any way.
If the Customer, due to some fault of its own, cannot accept or should it request the Company in writing to suspend or delay delivery of the Products, the Company reserves the right to claim any additional costs involved from the Customer.
Notwithstanding prior delivery and the passing of risk, ownership of and title to the Products shall remain vested in the Company until the purchase price,and any other amounts owing to the Company in respect of the Products or the installation thereof (if applicable), have been paid in full and without set-off, on which date ownership of the Products will be deemed to be transferred to the Customer. Until the date of transfer of ownership, the Customer will not do or omit to do anything which may adversely affect the Company's proprietary rights in and to the Products.
Without limiting the generality of the aforegoing, the Customer shall notify its Landlord (if applicable) that the Products are owned by the Company. In addition, the Customer agrees that until the date of transfer of ownership, regardless of whether or not such Products have been installed, that the Products shall at all times remain separately identifiable regardless of whether the Products have been installed or not.
The warranties listed below depends on the nature of the Product and will only be applicable if:
the defect existed at the time of delivery and manifested during the warranty period;
the defect did not arise due to normal wear and tear or misuse/abuse by the Customer;
the Product is used for the purposes intended and in a domestic environment (unless the latter requirement is waived by the Company in writing);
the Customer duly complied with the care and maintenance instructions;
the Customer provides the original invoice;
the Product is assembled in accordance with specifications;
the defect does not relate to alterations contrary to the instructions or after leaving the control of the Company;
any material information provided by the Customer, specifically insofar as the intended use of the Product is concerned, is complete or correct.
The Company will not be liable to compensate the Customer for any damages sustained by the Customer whilst the Products are being repaired, norshall it be liable for any other damages, including consequential damages, relating to the replacement or repair of the Products.
Other than the warranties stated herein, the Customer acknowledges that the Company has made no representations or warranties to the Customer in connection with the agreement prior to the agreement being made.
In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that the Customer shall have no claim against the Company for any loss or damage, of any nature, occasioned by any defect in any Products supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Products. In the event that the Company provides advice regarding the application of the Products at the request of the Customer, the liability of the Company in respect of the non-suitability of the Products for the purpose for which they are used will be limited to the selling price of those Products.
The Customer hereby indemnifies and holds the Company harmless against any losses, expenses, costs or damages of whatsoever nature incurred by the Customer arising from any wilful misconduct or gross negligence of the Company
The Customer also agree that in no event will our liability arising out of or in respect of these terms and conditions exceed the value of the products purchased and that in no event will we be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever. Please contact us at email@example.com.