Terms and Conditions
TERMS AND CONDITIONS
Thank you for visiting B&H’s (“B&H”, “we” or “us”) website(s) (www.bhmagic.com.hk, the “Site”). Access to and use of the Site and related services (collectively, the “Services”) are made available to you in accordance with the following Terms of Service and any other rules and policies posted on the Site, including the Privacy Policy (collectively, the “Terms Of Service” or “TOS”). By using the Services, such as browsing or placing orders on the Site, you are agreeing to all of the Terms of Service.
Personal data provided will be collected, used and stored in accordance with the Privacy Policy. This agreement does not acknowledge any relationship between you and B&H (partnership, collaboration, employment, or otherwise). It does not entitle you to hold yourself as a representative of B&H. B&H reserves the right to make changes to the Site or any part of the TOS at any time. Please visit this page from time to time for any updates or changes of the TOS.
If you have any enquiry about the Site or TOS, please contact us.
1. REGISTRATION
You will need to register an account to use some of the Services available on the Site. By registering an account, you are deemed to agree to provide personal information that is true, accurate, current, and complete in all respects. Please refer to our Privacy Policy for more information on your personal data is used. If you are under 18, you must let your parents or guardian know about B&H’s Privacy Policy before you register to use the Site and the Services. B&H reserves the right to only accept orders from you if you are aged 18 or over.
We will never ask you for your account’s password either in writing (via email or otherwise), in person or on the phone. In using the Site, you are responsible for: (i) safeguarding any passwords used to access your account and our Services, and (ii) all use of our Services under your account. Please take reasonable care in protecting access to your account from any unauthorized use. If you suspect that the security of your account has been compromised or if there is unauthorized use of your account, please contact us immediately.
2. PROHIBITIONS AND FAILURE TO COMPLY
We may take actions against your account for activities including, but not limited to:
• Using material (including, but not limited to text, images, music or video) of which you do not have the full right to grant the license specified in the section below.
• Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way.
• Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material.
• Advertising or sending unsolicited messages of any kind.
• Impersonating others or providing any kind of false information.
• Starting or forwarding chain letters of any kind.
B&H reserves the right to terminate any account at its sole discretion. We may send you an email to inform you of the termination of your account in such event.
3. INTELLECTUAL PROPERTY
All software and Content (which is defined as, or includes, any text, audio or music, video, graphics, photographs, and image) are the intellectual property of B&H and are protected by intellectual property and copyright laws and international treaty provisions. The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorized by B&H and/or its third-party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of B&H. Any such unauthorized actions may result in civil consequences or criminal penalties. B&H reserves the right to withdraw or amend any item of the Services without notice. We shall not be liable if for any reason the Site is unavailable at any time and for any period.
4. THIRD PARTY LINKS
The Site may include links to other websites or resources that are not operated or prepared by B&H. We have no control over such sites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.
B&H is not responsible for the content or accuracy of any off-Site pages, which include but is not limited to advertisers of the Site. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of such sites.
5. PRODUCT DESCRIPTIONS
B&H will endeavor to ensure that the Content and the product descriptions on the Site are as accurate and complete as possible. We however do not warrant that “Content” and product descriptions are accurate, complete, current or error-free. Please refer to our Returns policy if you feel a product offered by B&H is not as described.
6. ELIGIBILITY TO PURCHASE
In order to place orders with us, you must meet our conditions of eligibility:
• Be aged 18 years of age or over
• Be in possession of a valid credit/debit card issued by a licensed bank acceptable to B&H for payment
• Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site).
In placing an order with us, you authorize B&H to process a charge or charges on your credit/debit card in the amount of the total purchase price of your order. You also expressly authorize us to use personal information provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.
All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.
The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.
7. PRICING
Prices are shown on the Site in Hong Kong Dollars (HKD). Prices displayed on the Site at the time your order is accepted will be honored except in the case of obvious error. Whilst we use our best endeavors to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.
If your credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
8. PAYMENT
We accept payments made by Visa, MasterCard Payme and Alipay, as well as payments by bank deposit.
By placing an order using one of the above Credit/Debit card and online payment methods, you confirm that the Credit/Debit card(s) , Payme and Alipay account used is yours or that you have been authorized by the owner to use it. If your card issuer refuses to authorize payment to B&H, we will not be liable for any delay or non-delivery.
Our payment processes meet the stringent international security standards set down by the Payment Card Industry to make your shopping experience safe and secure. If you have registered an account on the Site and have decided to save your card details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorized access to any data you provide when using our Services.
9. CUSTOMS DUTIES AND TAXES
All prices are exclusive of all taxes and duties applied in countries outside of Hong Kong. As recipients, you shall liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Import duty or tax costs will be invoiced to you directly, and payment of these is necessary to release your order from customs on arrival.
10. ACCEPTANCE OF YOUR ORDER
Once you have entered your personal and payment details and placed your order, we shall send you an email acknowledging the receipt of your order. This email is only a confirmation of receipt of your order and does not constitute an acceptance of your order. Your order will be accepted and the contract between you and B&H will be completed when we send you an email to confirm the goods have been dispatched to you. Only the goods listed in the confirmation email sent at the time of dispatch are included in the contract formed. All sales contracts are therefore concluded in Hong Kong SAR and are written in English.
B&H reserves its right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, one of the following:
1. The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items.
2. We identify a pricing or product description error.
3. We are unable to obtain authorization for payment.
4. You do not meet the eligibility criteria to purchase as set out in this TOS.
Our Customer Service team will contact you as soon as possible if there are any problems with your order.
11. SHIPPING AND COLLECTIONS
You will be given an indication of the expected delivery time when you place your order online. B&H’s teams will try their best to meet these estimates but cannot guarantee that such estimates must be met.
B&H insures each order through transit up until it is delivered to you or is collected. You need to sign a confirmation of receipt of the products when the products are collected and by doing so, you accept the responsibility for the products ordered from that moment on. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept this signature as an evidence of delivery and fulfilment of your order by B&H. You also accept the associated transfer of responsibility in the same way. B&H reserves the right to update its shipping policy at its sole discretion without prior notice.
12. COLOR DIFFERENCE
Product images are for illustrative purposes only and may differ from actual products due to lighting effects and differences in devices. If there is any discrepancy between the color of product images and actual products, actual products shall prevail.
13. YOUR RIGHTS
Nothing in the TOS is intended to affect your rights under the Law in Hong Kong SAR.
14. LIABILITY
Views expressed in any media by the designers, companies or third parties, whose products are sold on the Site or with whom we are associated, are their own. B&H takes no responsibility for any such views as they do not necessarily reflect ours.
B&H does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.
Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, B&H will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TOS.
15. INDEMNITY AND WAIVER
At our request, you agree to compensate us fully and hold us, B&H (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes the use of the Site by any other persons using your account caused by your action or inaction.
If you breach the TOS and we take no action against you, it is no waiver for us to exercise our rights and remedies in any other situation where you breach the TOS.
16. COMPLAINTS
We have our complaint handling procedure that we will use to try to resolve any disputes when they first arise. Please contact our Customer Service team for any order-related complaints or comments.
B&H respects the intellectual property of others. If you have any reason to believe your work may have been used on the Site without your permission, please contact us.
17. GOVERNING LAW AND JURISDICTION
The TOS, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these TOS.
18. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@bhmagic.com.hk.