Terms of Use

Welcome to the Web Site (the “Site”) of John Hardy International Limited (the “Company”). Please carefully read the following Terms of Use before using the Site. By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the Effective date (which appears at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.

TRANSACTIONS

Contracts for the supply of Products formed through our Site or as a result of visits made by you are governed by our Terms and Conditions of Supply.

COPYRIGHT

All content and materials on the Site, such as text, graphics, logos, button icons, images, audio clips and software, is owned, controlled or licensed by the Company and protected by Hong Kong and/or international copyright laws. Permission is granted electronically to copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site is strictly prohibited.

TRADEMARKS

All trademarks, logos, service marks and trade names are proprietary to John Hardy or other respective owners that have granted the Site the right and license to use such intellectual property.

COPYRIGHT

All content and materials on the Site, such as text, graphics, logos, button icons, images, audio clips and software, is owned, controlled or licensed by the Company and protected by Hong Kong and/or international copyright laws. Permission is granted electronically to copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site is strictly prohibited.

TRADEMARKS

All trademarks, logos, service marks and trade names are proprietary to John Hardy or other respective owners that have granted the Site the right and license to use such intellectual property.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our Site you consent to such processing and you warrant that all information and data provided by you is accurate.

DISCLAIMER

Save as provided by the terms of our Warranty, the information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "as is" basis without warranties of any kind. To the maximum extent permitted by law, all representations and warranties, express or implied, with respect to such information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance are disclaimed. In addition, the company and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

UPDATING THIS POLICY NOTICE

The Company reserves the right at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time. You should check this page periodically for changes. Your continued use of this Site following the posting will be considered your consent to these changes.

APPLICABLE LAW/MISCELLANEOUS

This Agreement shall be construed in accordance with the laws of the Hong Kong SAR, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively the courts of the Hong Kong SAR.
The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of our right to require strict observance of each of the other terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

In the event of any difference or inconsistency between the English version of these Terms of Use and any translation, the English version will prevail.


 

 TERMS AND CONDITIONS OF SUPPLY

These terms and conditions (together with the documents referred to) set out the terms and conditions on which we supply any of the products (the “Products”) listed on our Web site (the “Site”) to you.  Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to accept and be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

INFORMATION ABOUT US

We operate the Web sites www.johnhardy.ca and au.johnhardy.com. John Hardy International Limited is a company registered in Hong Kong with company no. 1143396 and with our registered office at 14/F, Block C, Seaview Estate, 8 Watson Road, North Point, Hong Kong.

SERVICE AVAILABILITY

We do not accept orders with shipping addresses located inside the USA or any of its dependent territories. If you wish products to be shipped to an address located inside the USA or any of its dependent territories, please visit our group’s affiliated site www.johnhardy.com

YOUR STATUS

By placing an order through our Site, you warrant that:

(a) you are legally capable of entering into binding contracts; and

(b) your shipping address is not located in the USA or any of its dependent territories.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

The listing of the Products by us on the Site constitutes an offer by us to provide you with the Products and your order constitutes your acceptance to us to buy the Products on the terms listed.  After placing an order, you will receive an e-mail from us acknowledging that we have received your acceptance for the Products.  Upon our delivery of the Products to our courier an e-mail will be sent to you to confirm that the Products have been dispatched (“Dispatch Confirmation”).

OUR STATUS

We provide links on our Site to the websites of other group companies. Any purchases of products from companies to whose website we have provided a link on our site shall take place solely on, and subject to, the terms and conditions of sale of such companies.

AVAILABILITY AND DELIVERY

The order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, or in the case of Products Made to Order, within such reasonable time as we shall notify you.

All such delivery dates may be varied by us in the event there are exceptional or unforeseen  circumstances. 

RISK AND TITLE

The Products will be your responsibility from the time of delivery which shall be deemed to occur upon our delivery of the Products to our courier.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

PRICE AND PAYMENT

The price of the Products and our delivery charges will be as quoted on our Site from time to time. 

Product prices and delivery charges are liable to change at any time, but changes will not affect orders already made.

Payment for all Products must be by PayPal Hong Kong or other online payment gateways to be added to the website at a later date.

RETURN POLICY

For details of our exchange and refunds policy, please click here.

WARRANTY

For details of the warranty covering our Products, please click here.

We warrant to you that any Product purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. 

OUR LIABILITY

Save as may otherwise be required by applicable law, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and not for any other losses that result from our failure to comply with these terms and conditions in any way.

VAT AND IMPORT DUTIES AND TAXES

If you order Products from our Site for delivery outside Hong Kong, they may be subject to VAT, customs duties, import duties and other taxes which are levied when the delivery reaches the specified destination. You will be solely responsible for the payment of any such duties and taxes. Please note that we have no control over these charges and cannot predict their amount. If you are in any doubt, please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws.

WRITTEN COMMUNICATIONS

When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

NOTICES

All notices given by you to us must be given in writing to John Hardy International Limited at 14/F, Block C, Seaview Estate, 8 Watson Road, North Point, Hong Kong or sent by email to eshop.int@johnhardy.com.   We may give notice to you at either the e-mail or postal address you provide to us when placing an order.  Notices will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on you and us and on our respective successors and assignees. 

You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

WAIVER AND SEVERABILITY

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these terms and conditions. If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them or otherwise appearing on our Site constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We reserve the right at our discretion to change, modify, add or remove portions of these Terms and Conditions of Supply at any time. You should check this page periodically for changes. Your continued use of this Site following the posting will be considered your consent to these changes.

LAW AND JURISDITION

These Term and conditions shall be construed in accordance with the laws of the Hong Kong SAR, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively the courts of the Hong Kong SAR.

Effective Date: 31 October, 2011