BOSONIC LIGHTING COMPANY LIMITED RESERVES THE ABSOLUTE RIGHT TO AMEND THESE TERMS AND CONDITIONS OF SALES WITHOUT PRIOR NOTICE.

 

DEFINITIONS

In these conditions where the context admits;

1. “BOSONIC” & "RFTME" means stores and webstores operated by BOSONIC LIGHTING COMPANY LIMITED and the terms “We”, “Us” and “Our” refer to BOSONIC.

2. “Contract” means a contract for the sale and purchase of Goods.

3. “Goods” mean the articles which the Purchaser agrees to buy from BOSONIC, as described in the Sales Documents.

4. “Light” mean bulbs, lamps, and all systems and accessories that form part of the light.

5. “Purchaser” means the person who buys or agrees to buy the Goods from BOSONIC, and whose name may appear in the Sales Documents, and the terms “you” and “your” refer to the Purchaser.

6. “Services” mean any service provided by BOSONIC. including delivery, repair and maintenance services.

7. “Sales Documents” mean the documentation evidencing the sale of Goods including quotations and invoices and the like.

8. “Special Goods” mean any Goods which BOSONIC agrees to modify to meet the Purchaser’s specific requirements or products which are designed to the Purchaser’s specification.

9. “User Manual” or “User Card” means the user and instruction manual or guide for any Goods.

 

1. GENERAL

1. This Agreement constitutes the entire Agreement between BOSONIC and the Purchaser with respect to the subject Purchase of Goods hereof. The following Terms and Conditions apply exclusively to all our quotations, sales and deliveries.  BOSONIC does not accept conditions which conflict with or differ from these Terms and Conditions unless it has expressly agreed to them in writing. Any amendments to these Terms and Conditions must be made in writing.

2. BOSONIC may amend these Terms and Conditions without notice to the Purchaser in relation to future sales.

3. These Terms and Conditions shall be governed by the laws of The Hong Kong Special Administrative Region of the People’s Republic of China.

4. No particulars, statements or descriptions whether contained in any advertising matter, catalogues, brochures, price lists, webpages or otherwise provided by BOSONIC concerning the Goods, nor any verbal representations by any agent, employee or representative of BOSONIC shall form part of the Contract or be treated as constituting a representation on the part of BOSONIC.  No Contract governed by these Terms and Conditions shall be a sample unless BOSONIC expressly agrees in writing.

5. Measurements in quotations, brochures and on our website are subject to standard tolerances and to changes in the construction process.

 

2. QUOTATION, CONTRACT AND SIGNATURE

1. Our quotations are valid for fourteen (14) days from the date of issue.

2. A legally binding Contract is formed between BOSONIC and the Purchaser once a Quotation is signed by both parties, or BOSONIC has confirmed the Purchaser’s order in writing, has delivered the Goods or a specific written agreement is reached and signed between the parties.

3. Once a Contract subsists between BOSONIC and the Purchaser it cannot be cancelled by the Purchaser except with BOSONIC’s consent and upon terms which indemnify BOSONIC against all loss.

 

3.PRICES

1. The prices for Goods are the prices stated in our price tags and/or quotations applicable on the date of purchase unless expressly agreed otherwise in writing. Installation charges where applicable are the charges as stated in our quotations.

2. If the Purchaser requests any alterations in the design, specification or quantity of the Goods, we are entitled to vary the price should we choose to accept such alteration.

3. The sale of Goods is subject to availability.

4. Every effort is made to ensure that prices shown in our current catalogue, price list or shown on our website are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or recredit you for the relevant sum that has been paid by you.

 

4.DELIVERY AND INSPECTION

1. For deliveries on Hong Kong Island and Kowloon Peninsula and in the New Territories, but excluding without limitation container terminals and Outlying Islands, at our discretion we offer complimentary delivery service to destinations which are accessible by mini-van (“Complimentary Delivery Service”). For the avoidance of doubt, the Complimentary Delivery Service does not include disposal of packaging materials.

2. (a) For delivery to destinations where the Complimentary Delivery Service does not apply, quotations for delivery charges will be obtained from the forwarder as designated by the Purchaser on a case-by-case basis.

3. For delivery to destinations outside of The Hong Kong Special Administrative Region, quotations for logistics charges will be obtained from the forwarder as designated by the Purchaser on a case-by-case basis.​

4. Any time and date quoted for completion of delivery of the Goods is estimate only, will depend on the destination and method of transport chosen and time of delivery shall not be of the essence.  BOSONIC reserves the right to deliver Goods in instalments and to deliver a separate invoice in respect of each instalment. Where Goods are delivered in instalments, the Contract shall be severable and each instalment shall be deemed to constitute a separate contract. No default by us in respect of one or more instalments shall entitle the Purchaser to treat the Contract as repudiated or discharged.

5. The delivery of Goods may begin on the date of our order confirmation. However, we will not make any delivery before payment has been received or if any payment is otherwise late and not before all the order details have been finalized.

6. Compliance with delivery time frames is conditional upon the Purchaser undertaking all necessary related actions including adhering to the agreed terms of payment, site and installation requirements and other obligations bestowed upon the Purchaser. If these prerequisites are not met in time, the delivery period may be extended accordingly.

7. BOSONIC shall not be liable in any way for any loss or damage whatsoever due to failure by BOSONIC to deliver the Goods (or any of them) promptly or at all.

8. If delivery of any or all of the Goods is prevented or delayed by happenings or occurrences due to force majeure or by reason of any act of God or any cause whatsoever outside the control of BOSONIC, BOSONIC shall be entitled to cancel or suspend deliveries without prejudice to its rights to payment for any Goods already delivered. In any event BOSONIC shall not be liable in any way for loss or damage arising directly or indirectly through or in consequence of such events or happenings.

9. Risk and liability in respect of the Goods shall pass to the Purchaser (a) upon delivery or (b) upon collection of the goods from our store or warehouse as the case may be, unless otherwise agreed that risk shall pass earlier.

10. The Purchaser or his or her appointed representative is required immediately to inspect the Goods for completeness and adequacy (a) at the time of delivery, (b) at the time of collection from our store or warehouse or (c) at the time of completion of installation, as the case may be, and immediately report any defects or transit damage to us.

11. The Purchaser shall be deemed to have accepted the Goods upon acceptance of delivery of the Goods to the Purchaser and upon the Purchaser’s inspection of the Goods and acknowledging receipt of such Goods in good order.

12. If a deficiency is concealed and could not be discovered during initial inspection, the Purchaser is required to notify us within seven (7) working days of collection or delivery. The Goods will be deemed to have been accepted if a deficiency has not been reported within seven (7) working days from delivery.

 

5.PAYMENT OF GOODS AND SERVICES

1. For the sale of Goods, full payment is required at the time of purchase.

2. For the sale of spare parts for repair and/or maintenance service, full payment is required whether such spare parts are available,ex-stock or need to be ordered.

3. For the provision of repair and dismantling services, full payment is required upon completion of such servic

   1. Deposit from orders cancelled at BOSONIC’s sole discretion must be used within sixty (60) days from the date of placing the deposit, failing which the deposit will be forfeited.

   2. We reserve the right to charge interest on unpaid invoices at a rate of two percent (2%) per month or part thereof from the date that payment for the Goods became due until the date payment is made.

   3. Delay in payment may cause delay and postponement of any agreed completion date. BOSONIC shall not be held liable for such delay due to late payment.

   4. In the case of payment by cheque, we shall only effect delivery after the cheque has been cleared.

 

6.RESERVATION OF TITLE

1. Property and ownership in the Goods shall not pass from BOSONIC until: the Purchaser has paid BOSONIC unconditionally and in full all monies due under the Contract; and

2. No other sums are then outstanding from the Purchaser to BOSONIC on any account whatsoever whether not such sums have become due for payment.

   1. Until such time as the property in the Goods passes to the Purchaser, the Purchaser shall hold the Goods as BOSONIC’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Purchaser and third parties and properly stored, protected, insured and identified as BOSONIC’s property, but the Purchaser may resell or use the Goods in the ordinary course of its business, if any.

   2. Until such time as the property in the Goods passes to the Purchaser (and provided the Goods are still in existence and have not been resold), BOSONIC may at any time require the Purchaser to deliver up the Goods to BOSONIC and, if the Purchaser fails to do so forthwith, enter on any premises of the Purchaser or any third party where the Goods are stored and repossess the Goods.

   3. BOSONIC may at its sole discretion offer complimentary storage and insurance of the normal price Goods purchased for a maximum period of three (3) months at BOSONIC’s warehouse and/or store.

 

7.LIABILITY

1. Goods should only be used for their intended purpose as set out in the User Manual and/ or User Card. The Purchaser accepts full responsibility and liability for the proper use, operation and installation of Goods. By using the Goods, the Purchaser acknowledges reading the User Manual and/or User Card and understands the instructions as set out in the User Manual and/or User Card and will follow the instructions strictly. BOSONIC disclaims any liability for injury or damage attributable to improper use or misuse.

2. Goods should be used subject to the Purchaser’s or user’s general physical fitness and health. BOSONIC disclaims any liability for death or illness attributable to improper use or misuse of the Goods.

3. BOSONIC’s liability under these Terms and Conditions and in particular under the Warranty shall be to the exclusion of all other liability to Purchaser whether contractual, tortious or otherwise for defects in the Goods or in relation to provision of the Services or for any loss or damage to or caused by the Goods and/or Services, and (subject to clause 7.4) all other conditions, warranties, stipulations or other statements whatsoever concerning the Goods and Services, whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded; in particular (but without limitation of the foregoing) BOSONIC grants no warranties regarding the fitness for purpose, performance, use, nature or quality of the Goods or Services, whether express or implied, by statute, at common law or otherwise howsoever.

4. Nothing contained in these Terms and Conditions shall take effect or be construed so as to limit BOSONIC’s liability under Section 14 of the Sale of Goods Ordinance, Chapter 26 Laws of Hong Kong or its liability to consumers generally under such Ordinance or otherwise, or its liability for death or personal injury resulting from the Seller’s negligence as defined in Section 2 of the Control of Exemption Clauses Ordinance, Chapter 71 Laws of Hong Kong.

5. BOSONIC shall not be liable to the Purchaser by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of BOSONIC, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or the Services (including any delay in supplying or any failure to supply the Goods or Services in accordance with the Contract or at all) or their use or resale by the Purchaser, and the entire liability of BOSONIC under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.

 

8. RETURN AND EXCHANGE

1. Goods sold cannot be refunded in cash.

2. Goods sold can be returned for exchange within seven (7) working days from the date of purchase or the date of delivery whichever is later subject to the following;

3. Goods returned must be in the same condition as when purchased with full original packaging and Sales Documents. Any Goods that are damaged or altered subsequent to purchase will not be accepted for return or exchange and we reserve the right to determine the above conditions.

4. We will only exchange Goods that are defective including those that exhibit damage to paintwork, dents or scratches as determined and approved by BOSONIC at its absolute and sole discretion. Goods that are inadvertently ordered incorrectly or where the Purchaser has simply changed his or her mind upon or after delivery cannot be returned or exchanged.

5. Goods purchased and delivered in unopened, original packaging must be returned in the same packaging.

6. Goods returned without prior written consent from BOSONIC will be rejected and returned to the Purchaser at the Purchaser’s expense.

7. Goods returned with removed or altered serial numbers will not be accepted.

8. Special-price merchandises, worktops and electrical appliances cannot be returned and exchanged.

9. Goods must be returned to our store or warehouse at the Purchaser’s expense. If the Purchaser requests for Goods to be collected, a pick-up fee will apply and will be quoted on a case-by-case basis.

 

9. WARRANTY

Subject to the Conditions set out below, we warrant to you that the Goods will correspond to specification at the time of delivery or collection and will be free from defects in material and workmanship for a period of twelve (12) months from the date of delivery, self-collection or installation by BOSONIC whichever is later (“Warranty”); provided that,

1. this Warranty does not apply to discounted items as excluded by BOSONIC, and electrical appliances and worktops, whose maintenance and warranty in The Hong Kong Special Administrative Region are provided by the sole agent of the respective brands;

2. notice in writing of the defects complained of shall be given to BOSONIC upon their appearance;

3. such defects shall be found to BOSONIC’s satisfaction to have arisen solely from faulty design, workmanship or materials;

4. the defective Goods shall be returned to BOSONIC’s designated address at the Purchaser’s expense if so requested by BOSONIC and BOSONIC has no obligation to repair Goods that are installed in locations outside of Hong Kong;

5. the Goods were assembled or installed strictly in accordance with BOSONIC’s instructions;

6. no alterations or additions to the Goods have been made without BOSONIC’s consent.

7. During the twelve (12) month Warranty BOSONIC shall repair the Goods following a breach of Warranty and shall be responsible for any labour charge and/or for the costs of any parts that are defective in material or workmanship which affect the performance of the Goods under normal use in accordance with the User Manual or User Card, or at its option may replace the Goods.

8. While we will generally attempt to repair Goods under a Warranty claim, at our option we reserve the right to replace defective Goods or alternatively at our discretion to refund the price of the defective Goods in the event that the price has already been paid by the Purchaser.

9. Any repaired or replaced Goods shall be redelivered by BOSONIC free of charge to the original point of delivery but otherwise in accordance with and subject to these Terms and Conditions, save that the period of twelve (12) months referred to in Condition 7 shall be replaced by the unexpired portion of that period only.

10. If BOSONIC chooses to replace defective Goods BOSONIC will replace the Goods with the same or similar make and specification. In the case that the Purchaser desires to choose a replacement product that is of higher value than the original Goods, the Purchaser must pay BOSONIC the difference in retail price. However, if the Purchaser desires to choose a replacement product that is of lower value than the original Goods, this will be subject to BOSONIC’s approval. If BOSONIC approves such replacement BOSONIC will pay the Purchaser the difference in retail price.

1. BOSONIC will not be responsible for any costs incurred to dispose of your original Goods.

2. Without limitation to clause 9.1 the Warranty does not include and/or does not apply to or cover and we have no liability in respect of the following;

3. General cleaning and servicing;

4. Repair of damage caused by metal abrasion or wear resulting from abrasive agents;

5. Goods sold “as-is” including but not limited to floor models, demonstration models, etc;

6. Repair or replacement due to normal wear and tear and items normally designed to be periodically replaced by the Purchaser during the Goods’ life, including but not limited to batteries, light bulbs, light covers, fuses, cables, plugs, fluorescent tubes, etc;

7. Repair of damage caused by unauthorized repairs or services on Goods by non-BOSONIC authorized technicians;

8.  Any Goods with removed or altered serial numbers;

9. Damage caused by rust, corrosion, humidity or water or damage caused by third party workers, or other intentional damage, and/or acts of God;

10. Cosmetic damage, such as damage to paintwork, dents or scratches to the Goods;

11. Damage caused by incorrect connection of signal leads or incorrect electrical supply or power interruption and failure or improper use of any electrical source;

12. Damage caused by abnormal variation of electricity;

13. Damage caused by improper use, misuse or abuse of the Goods including excessive loading, faulty assembly or faulty operation;

14. Any claims arising from using Goods in a non-domestic or commercial environment unless prior approval is obtained from BOSONIC.

15. The Purchaser may not assign the benefit or burden of these Terms and Conditions or otherwise transfer or purport to transfer its      rights or obligations hereunder to a third party without prior written consent from BOSONIC; such consent may be withheld by BOSONIC at its discretion. Any purported assignment or transfer made without the prior consent of BOSONIC shall not be effective.

16. A Purchaser accepting faulty Goods and knowing them to be defective including but not limited to floor models and demonstration models shall not be entitled to the claims and rights in respect of deficiencies under the Warranty or to return or exchange the Goods by reason of such deficiencies.

17. Variations in size, volume, weight, colour shade and surface smoothness which are conditioned by the manufacturer of the Goods and come within normal tolerances are not defects, provided that they do not impair the general appearance or the functioning of the Goods.

18. Where a Purchaser wishes to repair or exchange Goods due to an alleged defect, we must be given the opportunity to inspect the defective or damaged Goods in their original condition. If such opportunity is not provided then any provided Warranty will no longer apply.

 

10.MISCELLANEOUS

1. If any provision of these Terms and Conditions shall be held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms and Conditions in that jurisdiction shall not be affected.

1. Any statutory rights that the Purchaser may have as a consumer are not affected by these Terms and Conditions.

2. Our policy and practices in relation to personal data and the Personal Data (Privacy) Ordinance may be viewed at www.rftme.com/policy/.

 

11. INTELLECTUAL PROPERTY

1. Where we and/or the manufacturer are requested by a Purchaser or an appointed representative to (a) provide designs or artistic works for the layout of living room, bed room or other facility; (b) to manufacture and/or design lighting solution, the intellectual property rights including all copyright in all works created by us and/or the manufacturer, including in design drawings and the like and all inventions or improvements in relation thereto shall vest in and be owned by us and/or the manufacturer absolutely.

2. Where the Goods are manufactured in accordance with information, drawings, pictures or instructions supplied by you or your appointed representative (“customer requirements”), we shall not be liable in respect of any loss, damage or claim incurred by or made against you if any Goods infringe any intellectual property rights as a result of the said customer requirements, and you shall indemnify us against all liabilities, costs and expenses arising out of all claims brought against us that the creation and sale of such Goods infringe any intellectual property rights.

3. The catalogues, brochures illustrations, reports, other publications and data published by us or provided by the manufacturers and all intellectual property therein remain our property or the manufacturer’s property. Such items may only be used in relation to understanding and operating the Goods and may not be copied or used for other purposes.

 

12.SPECIAL GOODS

1. We shall not be liable if any defect in Special Goods arises from any drawing, design or specification supplied by you. We give no guarantee or warranty as to the practicability, efficiency, safety or otherwise of such Special Goods.

2. Special Goods will not be accepted for return and exchange.

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These Terms and Conditions are written in English with translation in Chinese. In case of discrepancies or inconsistencies between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.