Terms and Conditions
The following Terms and Conditions apply to sales made on the cameragear.shop (The Camera Gear Shop) website only.
1. Interpretation
In these Terms and Conditions ( Terms ), the following words and phrases shall have the following meanings:
“we”, “us”, “the Company” means The Camera Gear Shop
“You”, “the Buyer” means the person, firm or company who purchases the Goods from the Company;
“Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
“Products”, “Goods” means any goods agreed in the Contract form to be supplied by the Company to the Buyer;
“Place of Delivery” means the place to which the goods are to be delivered;
“The website” means cameragear.shop
In these Terms and Conditions, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provisions amended, modified, re-enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. Notes and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
If you have any questions about these terms and conditions please contact us before purchasing. Otherwise, the buyer will be considered as having fully agreed to all the terms and conditions.
3. Your Account and capacity to transact
The buyer is fully responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur within your account or with your password. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct, and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the ‘My Account’ area of the website or by using the Contact Us web form.
The Company reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
The Company does not sell products to persons under the age of 18, although we do sell children’s products for purchase by adults. If you are under 18, you may use the website only with the approval and under supervision of a parent or guardian.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen(18) years.
Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, the Company reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with the Company.
4. Privacy and personal information
We do not collect personal information if you only browse this website. When we do collect personal information, it is our usual practice to collect this information directly from you. We do that through the customer registration process and when you place an order with us. Personal information may include your name, postal address, telephone number and email address.
Online payments are handled by Paypal and external third party payment service providers. We do not see or store your credit card or banking details.
Our server may log details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded. We only use your personal information for the purposes for which you give it to us and for internal management purposes.
You agree to us using your email address to send you messages concerning your membership account, any orders you place and information about the products sold by us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
We do not give information about you to government agencies, organisations or anyone else unless one of the following applies: you have consented; you would expect us to or we have told you we will; it is required or authorised by law; it will prevent or lessen a serious and imminent threat to somebody’s life or health; or the disclosure is reasonably necessary for law enforcement.
You may request us to remove your personal information from our database by emailing us or using the contact form on the website.
5. Access to the website
In order to maintain website reliability, or the introduction of new facilities or services. Maintenance works may need to take place from time to time. Such works may affect your site usage, and may interrupt your access to the website. We will do our best to ensure that availability of the website will be uninterrupted and that transmissions will be error-free, however we make no warranties or representations, express or implied, as to accessing the website. Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance,
You agree to use the website only for purposes that are permitted by:
this agreement;
any applicable law or regulation; and/or
generally accepted practice or guidelines.
You agree not to access (or attempt to access)any part of the Website by any means other than through the interface provided by us.
You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.
You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
6. Site Contents Copyright and database rights
The website and its contents are protected by copyrights, trademarks and/or other intellectual property rights which are and will at all times remain owned, controlled or licensed by to us. You are not entitled to exercise or benefit from any such rights. You may not publish, transmit, distribute, modify, sell or participate in the sale of, in whole or in part, any of the contents on this site or related software.
7. License for website access
This site and its web content, which includes but is not limited to, text, photographs, icons and all other images, are protected by copyright. Any copying, reproduction or adaptation of such copyright works for commercial purposes is strictly prohibited unless prior written authorisation is obtained from the Company.
The Company grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with expressed written consent from the Company. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of the Company’s expressed written consent. You may not use any meta-tags or any other “hidden text” using the Company’s names or trademarks without obtaining written authorization from the Company. Any unauthorized use terminates the permission or license granted by the Company.
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers. The compilation of all content on this website is the exclusive property of the Company. All software used on this website is the property of the Company.
You may not systematically extract and/or re-utilise parts of the contents of the website without the Company’s expressed written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without the company’s expressed written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without the company’s expressed written consent.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes as copyright infringement, please follow our use Contact Us section on the website for notifying us your concerns.
8. Trademarks
All trademarks not owned by the Company that appear on this website are the property of the irrespective owners, who may or may not be affiliated with, connected to, the Company.
9. Comments, communications and other contents
We welcome your comments regarding the Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications(collectively, “Comments”) sent to the Company shall be and remain the exclusive property of the Company, you grant the Company anon-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant the Company the right to use the name that you submit in connection with such content, if we choose. You exercise your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to waive any of the above rights, including the execution of deeds and documents, at the request of the Company. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
When you visit the website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Our communications will contain a clear link to Unsubscribe. Once you have unsubscribed we will remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
10. Product description, Pricing and availability
Information about products (i.e. goods and services) on the website is based on material provided by suppliers and product manufacturers. You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us. There may occasionally be typographical errors, inaccuracies or omissions related to product descriptions, pricing and/or availability. We reserve the righto correct any errors, inaccuracies or omissions or to change or update information on this site at anytime without prior notice (including after you may have submitted your order). The website contents are provided to you on an “as is” and “as available” basis. We make no warranties or representations, express or implied, related to this website or its contents.
As the actual colours you see will depend on the monitor that you are viewing. We cannot guarantee that the colour seen is exactly the same as the actual product.
We list availability information for products on the website. Although every effort is made to ensure this information is accurate at all times, but due to unforeseen circumstances sometimes we can not fulfil an order, you will be refunded in full within 24-48 hours.
The price for the goods shall, unless otherwise agreed, be the price set out on the website. The price for the goods quoted on the website shall be exclusive of all costs of carriage and insurance. Shipping insurance costs are calculated at checkout.
11. Payment
All payments must be received in full prior to dispatch. Please read the Payment section of the website for payment options. If your payment is not received in full in cleared funds or declined by your bank or credit card issuer, we cannot hold product against your order.
12. Fraud Prevention Procedures
All buyer may be subject to the Company’s Fraud Prevention checks. Where the Company’s staff will request further information, such as a copy of your credit card and drivers license for identification. After payment is confirmed this information will be destroyed. In this case, until your order has passed internal Fraud Prevention checks your order will remain on Pending status. Orders may be cancelled and payment refunded.
13. Delivery
Any date or period for delivery shall be considered as an estimate only, if no date is specified for delivery of the goods, delivery shall be within a reasonable time.
Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
14. Risk and ownership of the goods
Risk in the Goods shall pass to the Buyer on delivery
Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account.
Until ownership of the Goods has passed to the Buyer, the Buyer shall:
Hold the Goods on a fiduciary basis as the Company’s bailed;
Store the Goods separately from all other goods of the Buyer or any third party in such;
Keep the Goods in a way that they remain identifiable as the Company’s property;
Not destroy or deface any identifying mark on the Goods or their packaging;
Maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
15. Customs
You are responsible for ensuring that the goods the subject of your order can be lawfully imported to the destination country(i.e., Australia/New Zealand). You are the importer of the goods and must comply with all laws and regulations of the destination country. You acknowledge and agree that the Company’s role is limited to procuring products available in Hong Kong and other regions and making these products available through the site to you for purchase in Hong Kong and for your import to your country. In no event will the Company be a party to the import of such products nor will it be responsible for any liability arising under the laws of any country other than Hong Kong Special Administrative Region for the import and sale of products available on the site, including without limitation customs regulations and customs holds, detentions and seizures and copyright and trademark laws.
No terms and conditions contained in the confirmation of order, purchase order or other document of the buyer will form part of the contract.
16. Warranties & Returns
Unless stated otherwise, all products sold by the Company carry a Standard Warranty as defined by The Company’s Product Warranty Policy.
If the buyer wishes to make a claim under this warranty, the buyer shall give written notice to the Company within 14 days of the discovery of the defect and give the Company reasonable opportunity to inspect the goods in question.
The Company shall not be liable for any damage if the buyer makes any further use of the goods after giving notice, or if they alter or repair the goods without permission from the Company.
The Company’s liability under the warranty shall be limited to repairing or replacing the goods in question, or refunding the price of such goods.
Please refer to Product Warranty Policy for more details.
17. Losses and Limitation of Liability
The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the total value of the goods delivered under the terms and the Company shall, under no circumstances, be liable to the buyer for any consequential, indirect or economic loss or damages.
the Company will be responsible for any losses you suffer as a result of us breaching these conditions, if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
18. Alteration of Service or Amendments to the Conditions
The Company reserve the right to make changes to the website, policies, and these Terms and Conditions at any time. You will be subjected to the Terms and Conditions in force at the time, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
19. Events beyond our reasonable control (Force Majeure)
The Company can not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
This condition does not affect your statutory rights.
If either party is subject to an event of Force Majeure including, but not limited to war, fire, industrial disputes or civil unrest, the other party must be notified and the first party’s obligations under these Terms shall be suspended until the other party is notified that such an event has ended.
20. Transfer and Assignment
In the event that we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
21. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights in any other situation where you breach these conditions.
22. Governing law and jurisdiction
If any part of these Terms and Conditions is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms and Conditions. They will otherwise remain in full force and effect.
These Terms and Conditions shall be governed by and interpreted according to Hong Kong SAR Law and the parties submit to the exclusive jurisdiction of the Hong Kong SAR Courts.
