TERMS AND CONDITIONS
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This Website at the URL (actionmedicaleShop.com) ("the Action Medical eShop") is owned by Action Medical Sundries Limited, a company whose registered office is Room 810 Vanta Industrial Centre, 21-33 Tai Lin Pai Road, Kwai Chung, Hong Kong
Action Medical believes strongly in protecting user privacy.
Purchasing of any products supplied by the Action Medical eShop ("Products") requires that you accept Action Medical’s privacy policy. Please go to Action Medical's privacy policy for information on how Action Medical collects and uses personal information from users of the Action Medical eShop.
Products that you purchase via the Action Medical eShop will be sold to you by Action Medical Sundries Limited, Room 810 Vanta Industrial Centre, 21-33 Tai Lin Pai Road, Kwai Chung, Hong Kong.
Your purchases of any Products via the Action Medical eShop will be governed by the following terms and conditions of Sales. Please read these terms and conditions carefully before ordering any Products from the Action Medical eShop. You should understand that by ordering any Products, you agree to be bound by these terms and conditions.
ACTION MEDICAL’s Terms and Conditions of Sale ("Sales Terms")
1. About These Sales Terms
These Sales Terms are applicable to all orders and purchases made in the Action Medical eShop ("Products").
With regard to the purchases in the Action Medical eShop, Action Medical will communicate electronically by sending email. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
Action Medical may revise these Sales Terms from time to time. Any changes to the Sales Terms will apply to orders placed on or after the effective date stated in these Sales Terms or elsewhere on the Action Medical EShop. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.
BEFORE PLACING AN ORDER FOR PRODUCTS YOU MUST READ AND AGREE TO BE BOUND BY THESE SALES TERMS.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 14 (LIABILITY).
IF YOU FIND YOURSELF UNABLE TO AGREE TO THESE SALES TERMS YOU MAY NOT PROCEED TO PURCHASE ANY PRODUCTS LISTED ON THE Action Medical ESHOP.
2. Your account
If you create an account (personal user identification or username) on the Action Medical EShop you are responsible for maintaining the confidentiality of your username and password and for restricting access to your password, and you agree to accept responsibility for all activities and for each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorized third party who has gained access to your account other than by reason of your negligence or carelessness.
3. Placing an Order
To be able to buy Products you have to:
• read and accept these Sale Terms;
• provide your name and address, phone number, email address, payment details and other required information;
• provide a delivery address (Note that Action Medical is unable to deliver to certain addresses, including but not limited to, P.O. Box addresses, non-Hong Kong addresses, some hotels, hostels or prisons.); and
• be legally capable of entering into binding contracts be the owner or authorized holder of a valid credit card to buy the Products if paying with a credit card.
You may place an order by clicking on the "ADD TO BAG" button and proceeding to the checkout page.
You will be provided with an opportunity to review your order(s), read and accept the Terms of Sale, check the total price of your order(s) and the information you have provided and correct any input errors before confirming your order(s).
The Action Medical EShop currently ships to addresses within the Hong Kong S.A.R, excluding the following areas: PO Box Addresses, Disneyland, Closed Area, Outlying Islands.
4. Order Processing and Contract Formation
Once you have submitted and confirmed your order(s) using the Action Medical EShop, Action Medical will send an email to the email address you provided acknowledging receipt ("Order Receipt Confirmation Email") of the order(s) and setting out details of the ordered Product(s).
Action Medical may choose not to accept any order in Action Medical's sole discretion including without limitation in the case of abnormal orders and orders which Action Medical suspects are not placed in good faith.
After receiving your order(s), Action Medical will check that the relevant Product(s) is (are) in stock. A contract for the sale of Products between you and Action Medical will only be formed when Action Medical emails you confirming that all or part the Product(s) is/are still available and has/have been dispatched ("Shipment Confirmation Email"). The order is formed on sending the Shipment Confirmation Email whether or not you actually receive such email.
The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed in the Shipment Confirmation Email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation Email.
In the Order Receipt Confirmation Email you will receive a copy of these Sales Terms, however you are encouraged to download, save and/or print a copy of your Order Receipt Confirmation Email and these Sale Terms for your own records.
You have the option to cancel your order at any stage before you have received your Shipping Confirmation Email by contacting Action Medical Customer Care Centre. If you would like to cancel your order after you have received your Shipping Confirmation Email, please see the Return and Refund section below.
5. Prices, Shipping and Handling, and Charges
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation Email and in your Shipping Confirmation Email.
In the event of a pricing error, whether on the Action Medical EShop or in an Order Receipt Confirmation Email or otherwise, you accept that Action Medical has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation Email, Action Medical will notify you the correct price before processing your order, and your sole remedy in the event of such error is to cancel your order.
You acknowledge that even after Action Medical has sent you a Shipping Confirmation Email, if the pricing error is obvious and could have reasonably been recognized by you as a misprice, then Action Medical is under no obligation to provide a Product to you at an incorrect (lower) price.
Separate charges for shipping will be shown in your Order Receipt Confirmation Email and can be viewed on a summary screen prior to finalizing your order.
Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a Shipping Confirmation Email (save in the case of a manifest pricing error as described above).
6. Payment
Payment shall be made by one of the methods you have selected during the checkout process (being VISA, MasterCard, PAYPAL, Bank Transfer, ALIPAY (HK), Octopus or Payme)
Approved credit card types are listed in the order checkout form in the Action Medical eShop. In the event Action Medical does not receive the relevant credit card company's authorization, Action Medical reserves the right to cancel your order.
The value of your purchase(s) will be settled from the applicable card once Action Medical has sent you the Shipping Confirmation Email.
7. Delivery
ACTION MEDICAL has entrusted Zeek (Kin Shun Information Technology (Hong Kong) Limited) & S.F Express as the carriers for product delivery. You should allow 5 - 7 business days for standard delivery for in stock items (exclusive of pre-order items), provided that your payment is received before 10am on the day that the order is placed. Delivery shall in any event take place within 30 days after dispatch of the Shipment Confirmation Email. Action Medical reserves the right to substitute another carrier of equal or lesser cost to deliver your order. If Express Delivery/shipping is required, please select that as your shipping choice.
If Action Medical cannot deliver your order within the period specified in your Shipping Confirmation Email, then Action Medical will contact you and you may choose to cancel your order and Action Medical will provide you with a full refund. You agree and accept that such refund is the full and adequate remedy in the circumstances and you will waive your right to claim any further remedy.
If you unreasonably defer delivery or delay the receipt of delivery after Action Medical has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, you need to contact the carrier promptly for collection, failing which the delivery package will be returned to Action Medical within 3 days from the date of 2nd attempts of unsuccessful delivery. Action Medical reserves its rights to claim from you any loss occasioned by your neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the ordered items.
8. Events outside the control of ACTION MEDICAL
Action Medical shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to:
•civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
•strikes or lock-outs (or other industrial action);
•national or local states of emergency,
•failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster.
•impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
•the acts, decrees, legislation, regulations or restrictions of any government.
Action Medical 's performance is deemed to be suspended for the period that the above continues.
9. Product Availability
Action Medical uses reasonable efforts to ensure the availability of Products you order from the Action Medical EShop. However Products are made available to purchase on a "first in-first out" basis and are only available whilst stocks last.
10. Compatibility, Product Information
Please take care when placing your order to ensure that the Products you purchase are compatible for the intended use. Please use the Action Medical EShop as your final point of reference when checking compatibility. In the event of a difference between the Action Medical EShop content and any other website (or any other source of information) the compatibility of Products as shown on the Action Medical EShop at the time of purchase will be seen as taking precedence.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay Action Medical for assistance.
11. Title to Products
Action Medical retains full legal title to Products until it has received all amounts due on the ordered Products in full. The Products will be at your risk from the time of delivery. Ownership will pass to you when we receive payment in full for the Products ordered.
12. Return and Refund
In addition to your rights under the Sales of Goods Ordinance (Cap.26) and other applicable laws, if for any reason you are not completely satisfied with your purchase from the Action Medical EShop, you can return any Product purchased from the Action Medical EShop within 14 days of receipt for a refund, subject to the conditions set out below. Your legal rights in respect of defective goods are unaffected. For return of sale items, you will have to pay the additional shipping cost incurred.
To cancel your order you must notify Action Medical Customer Care Centre either via email or by phone and arrange for return of the ordered items in accordance with the instructions given by Action Medical Customer Care Centre.
If you do not return the Products, Action Medical reserves the right to refuse a refund. If you return any Products in a used or damaged condition, Action Medical reserves the right to deduct from any refund due to you (or otherwise seek to recover from you) an amount equivalent to the reduction in value of the Products, which might be 100% of the purchase price.
Once Action Medical has received and validated your returned Products, Action Medical will send you an email to confirm the validation. Your refund will then be processed by Action Medical and confirmed to you by email. In most circumstances, your refund will be processed within 30 (thirty) days of Action Medical 's email to you confirming the receipt and validation of your returned Products.
Action Medical will not accept any refund request for the following reasons,
Color Difference, String is too loose or tight, String has been broken while wearing, Size is unsuitable for your face or the face mask has stimulated skin allergy etc.
13. Liability
Action Medical warrants to you that any Product purchased from or through the Action Medical EShop is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Neither Action Medical or Action Medical eShop are responsible for indirect losses which happen as a side effect of your main loss or damage and which are not reasonably foreseeable by you or Action Medical, including but not limited to loss of anticipated savings.
These Sales Terms set out the full extent of the obligations and liabilities of Action Medical and Action Medical in respect of the sale of the Products via the Action Medical EShop. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on Action Medical other than those set out in these Sales Terms.
NOTHING IN THESE SALE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
TO THE FULL EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Action Medical AND ACTION MEDICAL SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF THE APPLICABLE PRODUCTS FROM THE Action Medical ESHOP. This does not include or limit in any way the liability of Action Medical or ACTION MEDICAL respectively:
• for death or personal injury caused by their negligence;
• for fraud or fraudulent misrepresentation; or
• for any matter for which it would be illegal for Action Medical or SDSA to exclude, or attempt to exclude, liability.
14. Severability
If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Sales Terms and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforceability of any remaining provisions.
15. Contact details
Action Medical Customer Care Centre will assist you with any Action Medical EShop order related questions or complaints. You can contact ACTION MEDICAL either via email action020@action.com.hk or by phone +(852) 26139962 from Monday to Friday between 09:30 - 13:00 / 14:00 - 17:30, except for Saturdays, Sundays and public holidays.
16. Transfer of rights and obligations
These Sales Terms are binding on you and Action Medical and on any person Action Medical might transfer its rights to.
You may not transfer, assign, charge or otherwise dispose of a contract with Action Medical, or any of your rights or obligations arising under it, without our prior written consent.
Action Medical may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of Action Medical 's rights or obligations arising under it, at any time during its term.
17. Waiver
If Action Medical fails, at any time to insist upon strict performance of any of your obligations under these Sales Terms, or if Action Medical fails to exercise any of the rights or remedies to which it is entitled under these Sale Terms this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18. Entire agreement
These Sales Terms and conditions and any document expressly referred to in them represent the entire agreement between Action Medical and you and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
You acknowledge that, in entering into a contract with SDSA, you have not relied on any representation, undertaking or promise given by SDSA or any third party or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Sales Terms.
19. Governing law and Jurisdiction
These Sale Terms and your purchase of products from ACTION MEDICAL through the Action Medical EShop shall be governed by and construed in accordance with the laws of Hong Kong S.A.R..
Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from ACTION MEDICAL (including non-contractual disputes or claims) shall be subject to the jurisdiction of the courts of the Hong Kong S.A.R..
Last updated August, 2020
