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Terms & Conditions

This Agreement contains the terms and conditions that apply to your browsing or purchase of Products through ApexOne.net. You acknowledge that you are fully aware of the contents of these terms and conditions and the Terms and Conditions for Promotional Offers (if applicable), and you agree to be bound by and accept these terms and conditions and those set out in our website (www.apexone.net).

We may periodically amend these terms and conditions. As you are bound by these terms and conditions, please review this page and www.apexone.net periodically.

  1. Definitions

    1. "Agreement" means an agreement made between the Company and the Customer containing these terms and conditions.
    2. "Customer" means a person or company who places orders for purchase of Products through our Online Store.
    3. "Online Store" means apexone.net and any associate web pages linked to it.
    4. "Order" means an order for the purchase of Products.
    5. "Product" means product(s) offered for sale through the Online Store and/or premium(s) associated with purchase of Product.
    6. "Restocking Fee" means the fee charged by the Company under the following circumstances:
      1. when the Customer applies for an Order cancellation;
      2. unsuccessful delivery of the Product to the Customer due to the Customer’s fault (e.g. the Customer has provided incorrect delivery address) whereby the Order will be automatically cancelled.
    7. "Supplier" means the third party supplier of the Product / Service.
    8. "Supplier Warranty" means a warranty provided by the Supplier for a Product.
    9. "The Company" means ApexOne International (HK) Limited.
  2. Acceptance of Orders

    1. All Orders of the Product placed by the Customer shall be subject to acceptance by the Company. The Company has the right to refuse to accept or reject any Order for the Product in the Online Store without giving prior notice to the Customer.
    2. The acceptance of Orders is subject to the availability of stocks. In case of shortage of the Products, the Company may allocate sales and deliveries at its sole discretion.
    3. There is a limit of no more than 5 handsets or no more than 15 Products in the shopping bag for each purchase.
    4. Each credit card via Paypal has an expenditure limit of US$1,000 per calendar month.
    5. The Customer must satisfy the following requirements before making any purchases in the Online Store:
      1. age 18 or above;
      2. has a valid Online Store account; and
      3. be able to provide valid email address, billing address, delivery address, name, contact telephone number, billing information, and other information required by the Online Store.
    6. The Company will not be held liable for any loss or damages as a direct or indirect result of any of the following circumstances:
      1. the Customer information has been seen or obtained through other means by a third person when the Customer is making online payment due to his or her negligence or omission;
      2. the Customer fails to provide complete, correct, or accurate information during the online payment process;
      3. other reasons related to the specified payment method; or
      4. other reasons related to the devices or the browsers used by the Customer.
  3. Online Store Account

    1. Each Customer can only register one Online Store account.
    2. The Customer must keep the username and password confidential.
    3. The Company reserves the right to terminate an account permanently or suspend an account for a period of time without prior notice to the Customer.
  4. Price and Payment

    1. The Customer must pay for the Product by bank transfer or valid paypal and credit card via paypal. The credit card via paypal will be charged when the Order confirmation is sent to the Customer.
    2. The Customer shall bear the price differences due to exchange rate and / or any other charges incurred for whatever reasons by the credit card issuer for all transactions.
    3. All prices are quoted in multi currencies. The Company can adjust such prices immediately at any time at its absolute sole discretion without giving prior notice to the Customer.
    4. The price displayed in the Online Store is for reference only. The specific price offers that the Customer can enjoy will depend on the terms and conditions contained in the Customer’s existing contract with the Company and the offers that the Customer has already enjoyed or may enjoy.
    5. The Company will use its reasonable endeavours to ensure, but cannot guarantee, that the prices stated in the Online Store are accurate. The Company reserves the right to correct any errors. If it is found that the price of any Product ordered by the Customer is incorrect, the Company will notify the Customer as soon as possible. In such case, the Customer can choose to:
      1. reconfirm the Order;
      2. cancel the Order; or
      3. if the Customer cannot be contacted, the Company will treat this as a cancelled Order.
      The Company will not charge the Customer the Restocking Fee for the above situations.
  5. Shipping and Delivery

    1. The Company uses FedEx as main courier. It normally takes 2-4 working days for priority delivery. For every shipment, the Company will provide tracking number for the customer to track down the parcel with FedEx’s website.
    2. The Company shall not be liable if delivery is delayed or unsuccessful, due to, including without limitation any of the following reasons:
      1. incorrect information provided by the Customer (for example, incorrect delivery address or contact information);
      2. no one is available to receive the Product when the Product is delivered;
      3. fault due to third party courier; or
      4. other circumstances that are beyond the reasonable control of the Company.
    3. The Company reserves the right not to deliver the Product to a specific address, even if it is within Company Countries Served.
    4. Unless otherwise specified, the Customer is required to pay a specified delivery fee for delivery of the Product to the address specified by the Customer. The exact delivery fee will be subject to the designated address provided by the Customer and the delivery fee may vary from time to time.
    5. Customer may be required to pay an additional delivery fee if the Customer did not provide the correct delivery address.
    6. The Company reserves the right to revise any terms of the delivery service (including but not limited to the covered areas for delivery and the delivery fee) from time to time without prior notice.
    7. The Company will not accept any changes to the delivery method once the Order has been confirmed.
  6. Risk of Loss or Damage

    1. Any title, right, or risk in the Product shall transfer to the Customer upon the physical delivery of the Product to the address identified by the Customer in the Online Store, regardless whether the Customer is the designated recipient of the delivery. Notwithstanding the foregoing, title of the Product which are software products shall remain with the applicable owner(s) / licensor(s).
  7. Change of Order and Exchange of Product

    1. Once the Order has been confirmed, no changes on the Product and their quantity will be accepted.
    2. Request for exchange is applicable for delivered Product which is damaged on arrival only ("Damaged Product"). Replacement request is available for 7 days counted from the successfully delivery date.
    3. Replacement will not be provided for Damaged Products where damage is due to (1) undue wear and tear, (2) negligence, omission or mishandling of the products; or (3) alteration or repair made without the authorization of the Company.
    4. In the case of Damaged Product which is a smartphone, replacement is only available to a smartphone that can be powered on and with IMEI that can be shown clearly.
    5. The Customer must present the Damaged Product in full package together with the Order number. The Company has the sole discretion to provide refund or exchange for the Damaged Product.
    6. The Company shall have the right to make final decision on the issues of the Product’s quality and whether the Product can be replaced.
  8. Cancellation and Refund for Purchased Product

    1. Request for cancellation is applicable for (1) Product that has been or will be arranged for delivery, (2) Product already delivered to the Customer.
    2. Cancellation of the Product will only be accepted under the following conditions:
      1. the package of the Product has not been opened;
      2. the Product is not under special promotion (super deal, combo set, etc.);
      3. the Product is not an accessory purchased in an Order with discount from "Newsletter" subscription or under "Buy Handset Get Accessories Discount" offer;
    3. The Customer can contact us by email at cs@apexone.net with order no. and receive a Return Merchandise Authorization Number (RMA). We will not accepted any return items without RMA.
    4. The return Product have in full package to the Company within 7 days (counted from successful delivery date).
    5. A 25% Restocking Fee based on the online listed price of individual Products, (excluding gift wrapping fee(s) and delivery fee) will be charged for the accepted cancellation.
    6. If the Product cannot be successfully delivered for whatever reasons, the Company will handle the Order as if it is a cancelled Order. The Company shall charge a 25% Restocking Fee and/or forfeit the cancelled item(s).
    7. If the cancellation is accepted, the Company will arrange refund to the Customer in approximately 7 working days after deducting the 25% Restocking Fee.
    8. Cancellation or refund may not be applicable to an Order or item(s) of an Order that has enjoyed certain promotional offers.
    9. Under no circumstances will the gift wrapping and / or delivery fee be refunded.
  9. Warranty

    1. All express or implied warranties, representations or statements relating to the Product which are not contained in this Agreement are excluded.
    2. The warranty period of the Product and accessories shall start from the date of purchase. The warranty shall continue notwithstanding any transfer of ownership of the Product/accessory item.
    3. The Customer's sole and exclusive remedy during the warranty period shall be limited to repair or replacement.
    4. The warranty will be rendered invalid if the defective Product or accessory item or any part thereof is caused by (1) undue wear and tear, (2) negligence, omission or mishandling of the Product or accessory item; or (3) alteration or repair made without the authorization of the Company. The Company may at the Customer's request carry out the repair or replacement work not covered by the warranty but subject to the Customer paying the Company's prevailing charges (which are subject to change from time to time) for such services.
  10. Intellectual Property Rights

    1. All software and contents (defined here as any texts, audios, music, images, photos and pictures, or any contents containing the above) of the Online Store are the Company's intellectual property works and hence are protected by intellectual property rights, copyrights laws, and international conventions. The website of the Online Store is for personal use only and not for commercial use. Content of the website can be used only when the explicit authorization of the Company and/or its third party licensor is obtained. Without the consent or authorization of the Company, no content of the website can be published in print or online media, reproduced, sold, or licensed. Any unauthorized act may result in civil liabilities or criminal sanctions.
  11. Waiver

    1. Failure of the Company to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its rights and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
  12. Governing Laws

    1. This Agreement will be construed in accordance with the laws of Hong Kong and the parties agree to the exclusive jurisdiction of the Hong Kong courts in the event of any dispute.
  13. Entire Understanding

    1. This Agreement embodies the entire understanding between the parties relating to the Product and there are no promises, terms, conditions or obligations, oral or written expressed or implied other than those contained in this Agreement. No amendment or variation of any provision contained in this Agreement by the Customer will be effective unless it is in writing and signed by a duly authorized representative of the Company. The Company reserves the right to amend these terms and conditions from time to time without prior notice.
  14. Third Party Content

    1. The Online Store may contain contents contributed by any parties other than the Company (“Third Parties”). To facilitate access to information provided by or through Third Parties, the Company may provide or assist in providing links to external websites or resources for the Customer to access to at the Customer's sole discretion. The Company states that it has not approved or endorsed the contents contributed by Third Parties in the Online Store or any external websites linked to it.
    2. The provision of any such contents or links to external websites shall not constitute any form of co-operation or affiliation with the Company with any such Third Parties or external websites.
    3. When the Customer chooses to enter any of the linked external websites, the Company shall not be responsible to the Customer and/or any party, directly or indirectly, for (including without limitation, to):
      1. the privacy practices of such external websites;
      2. the availability of such external websites or resources, and any contents, advertisings, products, materials, goods, services or otherwise on or available from such websites or resources; and
      3. any loss, destruction, or damage (including without limitation to accidental or consequential loss, destruction or damage) caused or alleged to be caused by or in connection with use of or in reliance on any such contents, advertisings, products, materials, goods, services or otherwise available on or through any such websites or resources.
  15. Limit of Liability

    1. The Company excludes all liability or responsibility for any cost, claim, damage or loss to the Customer or any person whether direct or indirect of any kind including loss of revenue, loss of profits or any consequential loss in contract, tort or under any statue or otherwise (including negligence arising out of or in any way related to this Agreement). Save that nothing herein shall limit the liability of the Company for death or personal injury arising from its negligence.
    2. The Company will use its reasonable endeavours to ensure that the contents and Product descriptions in the Online Store are accurate and complete but cannot guarantee that all the contents and Product descriptions are accurate, complete, updated and free of error. The Company shall not be liable for any errors of information posted in the Online Store. The Company shall have the right to, from time to time, modify or correct any errors or omissions in the Online Store or in any product sales materials, quotations, orders or other materials without incurring any liability.
    3. Price of a Product and the savings under different promotional offer may vary. The Company does not guarantee that the price shown in shopping bag of the Online Store is the best price that the Customer can get for the Product.
    4. Any items in product photos but not stated in “In the Package” are for illustration only and must be purchased separately.
    5. Color and photo of Products displayed on Online Store are for reference only.
    6. The stock of premiums associated with purchase of Product will be subject to availability and will be given on a first come first served basis.
    7. The Company shall not be held liable for any delay or failure in its performance or any breach of contract which was directly or indirectly caused by any of the following reasons: acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, trade embargo, strike, labor dispute, equipment failure (including without limitation, Internet access failure) or other factors beyond the reasonable control of the Company.
    8. The Company does not guarantee that the servers of or providing support to the Online Store do not contain viruses or other harmful components. Customers must ensure that they adequately protect themselves and any of their equipment, software, and data by taking appropriate steps such as using up-to-date antivirus and firewall software.
    9. The Company reserves the right to modify and revise all terms and conditions herein contained from time to time without prior notice.
    10. If the Online Store becomes unavailable for use at any time or a period of time for whatever reasons, the Company shall in no circumstances be liable.
    11. In case of disputes, the decision made by the Company shall be final and conclusive.
  16. Governing Version

    1. In the event of any discrepancy between the English and Chinese versions of the above terms and conditions, the English version shall prevail.
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