Terms and conditions of use
Please read the agreement(s) below carefully. Canwe will accept your order only after you have accepted the terms of each such agreement. If you agree with the terms of such agreement(s), please click in the check box just above the "Order" button to indicate your acceptance. You may then complete the processing of your order by selecting the "Order" button.
Thank you for your interest in Canwe Limited ("Canwe") Products and / or Services (as defined in the Section titled "Definitions" below). Please note that Canwe reserves the right and discretion to refuse your order. Canwe will accept your order only if (1) you accept the terms of this Canwe Sales Agreement ("Agreement"); (2) you provide valid information for as required by Canwe for this transaction, including but not limited to your "ship to" address within Hong Kong (or Macau) ; and (3) the Product and/or Service is available.
All transactions pursuant to this Agreement will be exclusively governed by applicable Hong Kong law including but not limited to the Sales of Goods Ordinance (Cap. 26) and the Supply of Services (Implied Term) Ordinance (Cap. 457) and subject to the terms and conditions of this Agreement. The currency and exchange rate of all transactions with Canwe shall be subject to Hong Kong Dollars (HKD).
You will be deemed to have placed an order in accordance with the terms of this Agreement, and accepted the terms of this Agreement if:
when ordering a Product online, you click on the relevant buttons indicating your acceptance of the terms of this Agreement, and complete your transaction;
when ordering by any other means, you open the package containing the Product; or
When ordering Services subject to this Agreement, you accept the terms of this Agreement when ordering the Service and according to the acceptance procedures in the applicable Services attachment.
A Product or Service becomes subject to this Agreement when Canwe accepts your order by either (1) shipping the hardware Product or making the software Product available to you, or (2) providing the Service. Confirmation of Canwe's receipt of your order does not constitute Canwe's acceptance of your order.
Where your order has been accepted by Canwe, this Agreement, including the associated warranty statements, license agreements, and its applicable attachments, will represent the complete agreement between you and Canwe regarding your purchase of Products or Services, and replaces any prior oral or written communications between you and Canwe. Any additional or different terms in any order or written communications from you are void.
If there is a Canwe Customer Agreement or equivalent agreement in effect between us, then that agreement governs this transaction rather than this Agreement.
If you acquired your Canwe Product or Service through a Canwe reseller, the terms of this Agreement do not apply.
Canwe starts to build or fulfill your order shortly after the order is placed. It is not always possible to cancel orders as orders are intended to be shipped as soon as possible. Order cancellations can only be attempted on the same date when orders are placed and Canwe’s manufacturing facility or warehouse reserves the right to reject cancellation requests made by Canwe Customer Service on behalf of customers.
A "Product" is any Canwe or third party hardware or software which is provided to you by Canwe under this Agreement. Hardware products include computers and options or accessories. Software products include computer software programs (whether pre-loaded or provided separately) and related licensed materials such as documentation.
A "Service" is the performance of a task, provision of advice, assistance, or access to a resource (such as access to an information data base) made available to you by Canwe.
2. Orders, Price and Payment
Unless credit terms have been expressly agreed by Canwe, payment for the Products or Services shall be made in full before the physical delivery of Products or the provision of Services. You agree to pay as specified by Canwe, including any applicable goods and services, sales, use or similar taxes, fees or duties (unless you supply exemption documentation), any late payment fee, and shipping charges. Until you fully discharge any outstanding amounts which are due and owing, Canwe shall have discretion to withhold delivery of products and/or provision of services. Canwe reserves the right to demand immediate payment for any products and/or services that have already been dispatched. You are responsible for any applicable taxes for each Product from the date Canwe ships it to you, or when the Service is provided. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.
If a Product is quoted at an incorrect price due to a typographical error, or error in pricing information, Canwe reserves the right to refuse or cancel any orders placed for the Product quoted at the incorrect price, even if Canwe has confirmed the receipt of your order and charged your credit. For instalment T&C, please click here for your information. Canwe reserves the right to refuse or cancel any orders placed for the Product quoted at the incorrect price, even if Canwe has confirmed the receipt of your order and charged your credit. If Canwe has charged your credit but subsequently canceled your order, Canwe will promptly issue a credit to your credit account for the amount charged. Any authorizations placed on your credit card can take up to 30 days to reverse, depending on the credit card issuer. Please contact your financial institution for their specific timeframes in relation to the reversal of such authorizations.
Please note the following:
Canwe does not ship to Post Office ("PO") boxes.
Canwe will only accept credit cards with a minimum validity period of 3 months.
If you have any questions regarding your order, please email to hkcs@Canwe.com for assistance.
A pre-authorization of fee of HKD1 will be charged to your credit card before Canwe authorizes the deduction of the full amount. This is for validation purposes only, and will be released back to your account upon completion of the validation. Please note that different products have different lead times. As such, you may expect multiple deliveries, which will not result in additional shipping charges being incurred by you.
For the avoidance of doubt, the estimated date of delivery is just a reference, and is not a promised date. The actual date of delivery may change due to the supply status of the Product or Service.
3. Return/Exchange Policy
All products purchased or order placed from Canwe eShop cannot not be canceled, returned or exchanged. If you perceive your product is defective or associated with MWDC (defined as Missing, Wrong, Damaged, or Cosmetic) issues upon receipt, you are welcomed to contact Canwe eShop customer services representative via hkcs@Canwe.com within 7 days after receiving the product for assistance. Only after Canwe eShop inspects the product and verifies it is defective, this product is eligible for exchange.
Canwe eShop reserves the right for product inspection and issue verification, as well as the final right of decision for any compensation to grant regarding the reported issues.
4. Canwe Warranties:
Canwe hardware Products are covered under the specific warranty accompanying each Canwe hardware Product (the "Canwe Limited Warranty").
UNLESS OTHERWISE AGREED, ALL SOFTWARE, SERVICE, SUPPORT ARE, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, PROVIDED ON AN 'AS IS' BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. ALL THIRD PARTY PRODUCTS AND SERVICES ARE AND WILL NOT BE COVERED UNDER THE Canwe LIMITED WARRANTY, OR ANY OTHER WARRANTY GIVEN BY Canwe.
However, Canwe may, where specified and provided for in the applicable software license agreement, provide warranty for Canwe software. Third party manufacturers, suppliers, service providers or publishers may provide their own warranties to you.
5. Title and Risk of Loss
Where payment is made in full prior to the physical delivery of the hardware Products, Canwe will transfer the title to a hardware Product to you when Canwe ships the hardware Product from Canwe's warehouse.
However, where credit terms are agreed, and the product is shipped before full payment is received, Canwe reserves a right of disposal of the hardware Product until Canwe receives all outstanding amounts due.
For the avoidance of doubt, Canwe does not transfer title to software Products.
Canwe bears the risk of loss for the hardware Product until it is delivered to the location you specified in the order. Thereafter, you assume the risk.
The Product(s) shall be deemed to have been delivered to you when either you or your designated receiver of the Product(s) has signed for receipt of the Product (or in circumstances where either you or your designated receiver is unable to sign for receipt, Canwe may agree to your signed receipt pursuant to an enterprise chop or other legally authorized chop including but not limited to those provided by a doorman
(a)Canwe may change components or parts of a hardware Product without notice, due to the availability of such components or parts or Canwe's policy of on-going product up-date and modification, provided that the components or parts provide equal or better performance. Such changes will be at no additional cost to you, and will not affect the hardware Product Canwe Limited Warranty. You accept that Canwe's policy may result in differences between the specification of Products delivered to you and the specification of Products ordered.
This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Website may contain technical inaccuracies or typographical errors.
This Website may be changed or updated without notice. Canwe may also make improvements and/or changes in the Products, Services and/or the programs described in this Website at any time without notice.
(b) The Products and/or Services provided to you pursuant to this Agreement must not be resold at a discount, in competition with Canwe's resellers. If you resell Products and/or Services provided to you by Canwe, at a discount in competition with Canwe's resellers, Canwe may terminate this Agreement without notice, where legally permitted to do so.
(c) Both you and Canwe agree that under this Agreement, all information exchanged is of a non-confidential nature. If either you or Canwe requires the exchange of confidential information, it will be made under a signed confidentiality agreement.
(d) You consent to the collection, processing, storage and use of information about your transaction and your contact information, including, but not limited to, names, phone numbers, address, and e-mail addresses, by Canwe, and Canwe's related companies and the relevant service providers (including but not limited to the courier and storage system provider) to process and fulfill your transaction in accordance with Canwe Privacy Statement available at https://www.canweltd.com/retail/index.php?id_cms=0&controller=cms&id_lang=1 available at Canwe website . Canwe may also contact you to notify you about any Product recall, safety issue or service actions. Where permissible under local law, Canwe may use this information to inquire about your satisfaction with Canwe's Products or Services or provide you with information about other Products and Services. You may however, at any time decline to receive any further such communications from Canwe. You agree that in accomplishing these purposes, Canwe may 1) transfer your information to any country where we do business; 2) provide your information to entities acting on Canwe's behalf; or 3) disclose it where required by law. If your Personal Data (as defined in the Personal Data (Privacy) Ordinance (Cap. 486) ("PDPO") is transferred to a country or territory outside Hong Kong, Canwe will ensure that the recipients thereof provide a standard of protection to your Personal Data so transferred that is comparable to that which is provided under Hong Kong's PDPO. Canwe will not, however, sell or otherwise transfer the Personal Data you provide to any third parties for their own direct marketing use unless Canwe provides clear notice to you and obtain your explicit consent for your Personal Data to be shared in this manner.
(e) Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
(f) Neither you nor Canwe, including Canwe's subcontractors, suppliers or software Product developers is liable for any of the following even if informed of their possibility or not and whether arising from contract, tort, (including negligence) or otherwise: 1) third-party claims for damages; 2) loss of, or damage to, data; or 3) special, incidental, or indirect damages or for any economic consequential damages of any kind; and 4) lost profits, business, revenue, goodwill or anticipated savings. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.
(g) Circumstances may arise where, because of a default on Canwe's part or other liability, you are entitled to recover damages from Canwe. In each such instance, regardless of the basis on which you are entitled to claim damages from Canwe (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), except as expressly required by law without possibility of contractual waiver or limitation, Canwe is liable for no more than: 1) damages for bodily injury (including death) and damage to real property and tangible personal property; and 2) the amount of any other actual direct damages, up to the amount you paid for the Product or Service that is the subject of the claim. This limit also applies to any of Canwe’s subcontractors, suppliers and program developers, and is the maximum amount for which Canwe and its subcontractors, suppliers and program developers are collectively responsible.
(h) Subject to paragraphs 7(f) and 7(g), if a third party claims that a Product provided by Canwe under this Agreement infringes that third party's patent or copyright, Canwe will defend you against that claim at its expense and pay all costs, damages, and attorney's fees that a court finally awards, provided that you: 1) promptly notify Canwe in writing of the claim; and 2) allow Canwe to control, and cooperate with Canwe in, the defense and any related settlement negotiations. If such a claim is made or appears likely to be made, you agree to permit Canwe to enable you to continue to use the Product, or to modify it, or replace it with one that is at least functionally equivalent. If Canwe determines that none of these alternatives is reasonably available, you agree to return the Product to Canwe on Canwe's written request. Canwe will then grant you a credit equal to the amount you paid for the Product. Canwe has no obligation regarding any claim based upon: 1) anything you provide which is incorporated into, or combined with a Product; 2) your modification of a Product; or 3) in relation to a CTO Product, Canwe's compliance with your specifications or requirements.