TERMS & CONDITIONS
1.1 These Sales Terms & Conditions (“Terms”), together with any other additional clauses that shall be provided by VITI PREMIUMS LIMITED (“ViTi Premiums”) if necessary under certain circumstances and based on a case-by-case scenario, set out the Terms & Conditions that will apply when Purchaser (“Purchaser”) places an order through ViTi Premiums and/or its representatives.
1.2. These Terms and Conditions are subject to change or amend by ViTi Premiums unilaterally without prior notice to the Purchaser and shall be printed or attached to either Acknowledgement of Order Form or an invoice prepared on the basis of such Acknowledgement of Order Form. If you have any questions about these Terms or are unable to understand them clearly please contact us at prior to order submit. VITI PREMIUMS LIMITED assumes that Purchaser has read and accepted these Terms and Conditions before any order is submitted.
1.3. These Terms shall prevail at all times over any terms and conditions of purchase proposed by the Purchaser (including, without limitation, any terms and conditions set forth in any Purchase Order Form issued by the Purchaser), notwithstanding anything to the contrary therein, except in the event that VITI PREMIUMS LIMITED and the Purchaser have entered into a separate agreement which shall specifically provide the new terms.
1.4. These Terms do not affect your legal (statutory) rights under your applicable national laws relating to the sale of consumer products.
1.5. The sales contract shall be concluded in English if not otherwise agreed.
1.6. Any disputes arising from the wrong execution of a contract's Terms & Conditions shall be submitted to HONG KONG/China International Economic & Trade Arbitration Commission's rules of Arbitration in English. The arbitral award is final and binding upon the two parties, and arbitration fees and compensations shall be borne by the lossing party.
1.7. These Terms shall be governed by the law of the Special Administrative Region of Hong Kong. The involved parties hereby irrevocably submit to the (non-exclusive) jurisdiction of the courts of Hong Kong in relation to any legal proceedings arising with the breach of these Terms.
1.8. If any provision of a contract is not valid or legally enforceable, that term will be deleted but the remaining terms will not be affected.
1.9. Purchaser shall, in respect of each order for the Products:
(a) ensure the accuracy and liability of the order.
(b) provide ViTi Premiums with any information necessary to fulfill the order and to comply with all labeling and other applicable legal requirements in the territory in which the products will be sold by the Purchaser.
(c) obtain any necessary licenses, patents, or other requisite documents for the resale of the Products in the Territory if necessary.
(d) provide ViTi Premiums with payment details and within the terms agreed in Acknowledgement. Any delay on payments may cause a delay on delivery.
1.10. Company information is as listed below:
VITI PREMIUMS LIMITED (CRN: 2360960)
ShunLee Bldg, 220 Ferry St, Kowloon, Hong Kong.
2. ORDER AND ACCEPTANCE
2.1. The Purchaser shall place the Order by issuing a written Purchase Order Form containing terms and conditions approved in advance by ViTi Premiums
2.2. All such orders by the Purchaser are subject to acceptance by ViTi Premiums through the issuance of a written Acknowledgement of Order Form (“Acknowledgement”).
2.3. Orders may be rejected or modified by ViTi Premiums in some cases including, without limiting, errors in information provided by Purchaser, errors in the website, products no longer available, failures in quality control process or significant failures during payment process.
2.4. If Purchaser does not receive Acknowledgement and confirmation within the first 24 hours it must notify ViTi Premiums immediately in order to avoid any delays.
2.5. ViTi Premiums shall provide Purchaser with a digital proof for approval before the order enters into mass production. This term does not apply to orders that may include specific products such as blank products, non-imprintable products, or others; ViTi Premiums shall advise Purchaser prior to production.
2.6. Purchaser shall approve the digital proof provided by ViTi Premiums either verbally or in writing in order to get the order fully processed.
2.7. ViTi Premiums is not be responsible if the order is not delivered within the terms agreed due to a delay on digital proof approval by Purchaser.
2.8. Pre-production samples are available and suggested in order to ensure a successful order upon Purchaser request.
(a) Digital pre-production samples are free of charge and can be sent electronically.
(b) Purchaser shall afford any additional fees arising from a pre-production sample shipment such as sample fee, shipping cost, imprint… These fees are non-refundable unless otherwise agreed.
(c) ViTi Premiums is not be responsible if the order is not delivered within the terms agreed due to a delay on pre-production sample approval by Purchaser.
3. PRODUCT AVAILABILITY
3.1. ViTi Premiums reserves its right to make any changes to information about products displayed on the website at any time. Changes may be, without limiting, as below:
(a) Product price, due to market needs or others.
(b) Lead times, due to market needs or others.
(c) Availability, due to market needs or others.
(d) New version of the product.
3.2. ViTi Premiums shall not, however, make any fundamental changes to the price, availability or description of any product after an order has been confirmed and processed 100%.
4. PRICE AND PAYMENT
4.1. Prices on ViTi Premiums’ official website are estimated and final price shall be verified and confirmed by ViTi Premiums prior to order acceptance. Final price shall be indicated in the Acknowledgement and/or related documents.
4.2. Purchaser shall pre-pay the total amount listed in the Acknowledgement or invoice unless otherwise agreed in advance. Failure to pay the amount due in respect of this invoice will be a fundamental breach of these Terms and legal responsibilities are Purchaser for recovery of payment.
4.3. Title to any order sold by ViTi Premiums shall not transfer to Purchaser until ViTi Premiums has received full payment of the price agreed and thus ViTi Premiums shall have the right to repossess the products. Purchaser shall be responsible for any loss, damages or costs arising from such repossession process. If Purchaser has re-sold the products prior to payment to ViTi Premiums, Purchaser shall still have the responsibility to fully pay the price agreed.
4.4. Duties and taxes will not typically be included on the final price and Purchaser shall be aware and afford them unless otherwise agreed in Acknowledgement.
4.5. Products and their shipment are paid in conjunction with the order.
4.6. Available payment methods are, unless otherwise accepted by ViTi Premiums:
(a) Credit/Debit Card (through a Third party): Purchaser won’t typically incur in any additional charges but it shall confirm with their banks.
(b) International PayPal: Normally PayPal doesn’t charge any fee to buyers but to the seller.
(c) International wire transfer: Purchaser shall afford the transfer fee unless otherwise agreed with ViTi Premiums.
(d) Cheque: Purchaser shall afford the courier cost unless otherwise agreed with ViTi Premiums.
4.7. For payments by credit/debit cards, ViTi Premiums will act solely as the marketer of the respective payment method and cannot be responsible if any disputes between banks or other participant parts. Payment method provider acts as the merchant and trade transaction takes place between the customer and the payment method provider. The payment method provider is also the recipient of the payment.
4.8. Any delayed payment will be charged with an additional charge of 2.5%, over the total amount showed on the invoice, monthly based on the balance due date.
4.9. For unpaid invoices, ViTi Premiums shall reserve the right to use any Purchaser’s payment detail (such as credit/debit card) previously provided, after 20 days since due date invoice.
5.1. Shipping and handling charges will depend on the value of your order and the country to which the product is being shipped.
5.2. Any customs tariffs and/or duties that may be imposed on the delivery will be paid by Purchaser unless otherwise approved by ViTi Premiums.
5.3. ViTi Premiums shall use its reasonable effort to deliver the products to the Purchaser in accordance with the delivery date agreed in the Acknowledgement. However ViTi Premiums shall not have liability to Purchaser if, notwithstanding such effort, there is any delay in delivery for several reasons including, without limiting, labour disputes, failure or delay of ViTi Premium’s suppliers, delays in transportation, or governmental restrictions, of which it has notified the other party, and the time for performance of such obligations shall be extended accordingly.
5.4. Delivery date provided by ViTi Premiums related to the order is estimates. Although ViTi Premiums aims to provide Purchaser with as accurate estimates as possible, ViTi Premiums cannot guarantee an exact accuracy due to third parties in charge of shipments (freight forwarders, shipping agents, Customs departments…).
5.5. ViTi Premiums reserves the right to deliver the ordered products in separate shipments when it’s strictly necessary.
5.6. Risk of loss of or damage to any order of the products shall pass to the Purchaser from the time of delivery to the delivery location designated by the Purchaser in the Purchase Order Form. In the event that the products are damaged after delivery but before title passes to the Purchaser, the Purchaser shall be liable for such damages.
5.7. Split shipments to different addresses are available upon Purchaser request and ViTi Premiums approval and additional charges may incur.
5.8. ViTi Premiums will typically ship from China or Hong Kong facilities and suggests Purchaser to ship under our shipping accounts or otherwise ViTi Premiums is not responsible of any cost charged by shipping company to Purchaser.
5.9. Change of address is available upon request and Purchaser may incur in additional fees or delays.
5.10. Blind shipping service is provided by ViTi Premiums in order to protect Purchaser’s business. However, under certain circumstances, ViTi Premiums or its supplier’s information must be included on the shipping documents due to International Customs Regulations. Purchaser shall confirm with ViTi Premiums these details when needed.
5.11. ViTi Premiums shall not be liable for any delay of delivery which is due to any causes beyond its reasonable control.
5.12. Typically delivery days are Monday to Friday, although Saturdays and Sundays may be available sometimes upon request and there may be additional shipping charges.
6. CANCELLATIONS OR CHANGES
6.1. Purchase can make changes or cancel the order at any time before the order has been processed.
6.2. For processed orders, Purchaser shall afford all the costs incurred at the time of notification and will only be able to request a refund of the product.
6.3. Neither cancellations nor changes are permitted after an order has been shipped. ViTi Premiums aims to help customers under these circumstances but Purchaser shall deal with shipping companies after its order has shipped.
7. RETURNS, REFUNDS & WARRANTY
7.1. ViTi Premiums shall provide warranty of the product/s to the Purchaser who has to successfully claim it within 15 days from the date of delivery.
7.2. Warranty shall be in the form of refunds or exchanges in case of faulty products only.
7.3. Purchaser shall cover the cost of the return in order to evaluate whether the order (totally or partially) is faulty.
(a) ViTi Premiums shall bear the costs if order is proven as faulty.
(b) Purchaser shall bear all the costs if order is not faulty.
7.4. Purchaser shall bear the risk and be responsible for all damage, injury or loss (including consequential loss, injury or damage) caused directly or indirectly by a wrong installation or use of the products purchased.
8. LIABILITY TO YOU
8.1. Nothing in these Terms will exclude or limit liability to you for fraud, death or personal injury or any other liability which the law states may not be excluded or limited.
8.2. ViTi Premiums shall not be liable to Purchaser under a contract for any loss of profit, loss of income, loss of business, loss of revenue, loss of goodwill, loss or corruption of or damage to data, or any loss or damage which was not a reasonably foreseeable result of either breach of a contract or breach of legal duty of care.
9. TRADEMARKS, COPYRIGHT and INTELLECTUAL PROPERTY
9.1. Neither Acknowledgement nor these Terms & Conditions shall grant any license, patent or right to Purchaser or its customers to use an Intellectual Property right that belongs to ViTi Premiums if not otherwise agreed or approved by ViTi Premiums and thus related documentation shall be sent and signed by the two parts, this is Purchaser and ViTi Premiums.
9.2. For custom products and designs, Purchaser shall bear full responsibility for any intellectual property infringement and all liabilities related shall be borne by Purchaser.
9.3. Images, videos, graphics, or other digital proofs sent or posted by ViTi Premiums in the official website or other marketing channels are for reference only.
9.4. Production molds and associated customization parts shall granted by ViTi Premiums to Purchaser for at least one year. After one year ViTi Premiums reserves to right to own the molds and associated parts if they remain inactive by Purchaser.
10. INQUIRIES, COMPLAINTS, SUGGESTIONS & COMMENTS. CONTACT US
10.1. If you have any questions about these Terms, please contact ViTi Premiums through our website or by email at email@example.com.