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Terms & Conditions
ENTIRE AGREEMENT
If you require a complete delivery of your orders, please remark it in the
shipping screen of the customer master record.
CONTROLLING TERMS
Buyer expressly agrees that Seller’s Invoice and these Terms and
Conditions of Sale represent the complete agreement of the parties with respect
to the sale of the product(s) listed on the Invoice and no different or
additional terms or conditions in Buyer’s purchase order or in any other prior
or subsequent communications in any way adding to, modifying or otherwise
changing these Terms and Conditions of Sale shall be binding upon Seller.
ACCEPTANCE OF ORDERS
Seller may accept buyer’s offer to purchase and shall be bound to supply
the applicable Goods in accordance with these terms and conditions either by
execution of the acknowledgment copy of the order, or acceptable electronic
transmission, delivery of the Goods to CAI or by any other statement, act or
course of conduct which constitutes acceptance under applicable law.
PRICES
Unless otherwise indicated on the face of the invoice, all prices are
quoted on a per pieces or pairs (for earrings only) basis. Buyer is responsible
for any tax or government charges imposed upon the sale or transfer of the
Product. Buyer shall not have any right to set off any amounts due hereunder
against any amounts which may become payable to Seller under any other
agreement.
DELIVERY
Unless otherwise agrees in writing signed by officer of Seller, all
delivery dates are estimates Seller shall use its reasonable efforts to deliver
all Product within the time specified; however, in no case shall Seller be
liable for any expense, loss or damage whatsoever suffered by Buyer as a result
of the Seller’s failure to deliver Product by the specified date.
TRANSPORTATION AND RISK OF LOSS
The method and route of shipment are at Seller’s discretion unless Buyer
timely supplies explicit instructions otherwise. Title to the Product passes to
Buyer when Product is delivered to the selected carrier, even if Seller made a
nonconforming tender. Buyer attempts to revoke acceptance of the Product, or
Buyer repudiates this document after the Products have been identified hereto.
CANCELLATION OR MODIFICATION
Any order placed with and accepted by Seller may be canceled by Buyer only
upon Seller’s approval in a writing signed by an officer of Seller and upon
terms that indemnify Seller against any loss. Seller will not accept order
cancellations once a product has been delivered to a carrier. Seller will not
accept cancellations of special orders on 'pre-order' list products. Seller may
cancel all or any part of this order and discontinue its performance hereunder
without liability to Buyer in the event Buyer materially breaches this
contract, becomes insolvent, is the subject to bankruptcy protection, or is the
subject of a receivership, liquidation, dissolution or similar proceeding.
TAXES
Buyer is responsible for any tax or governmental charge imposed upon the
sale or transfer of any product. Any such tax or governmental charge will be
added to the total invoice amount. All prices are FOB Seller’s facilities.
Applicable freight costs will be added to the invoice.
WARRANTY AND DISCLAIMER
Seller warrants that the purchased Product
is free from defects in materials and workmanship at the time of delivery. If
an analysis is stated on the face of the Invoice, it is not intended to be a
complete analysis and is not to be regarded as a specification or warranty,
unless specifically stated in writing to be such.
RETURN OF MATERIAL
Upon delivery of Product, Buyer shall
have three (3) days to inspect Product and notify Seller, in writing, of
any defective goods or other cause for rejection. Buyer agrees that three
(3) day period provides Buyer a reasonable opportunity to inspect the Product.
Such notification shall identify each and every reason for any rejection of
Product. Buyer’s failure to reject Product within such three (3) day
period shall constitute a waiver of Buyer’s inspection right and an unqualified
and irrevocable acceptance of the Product by Buyer.
INDEMNITY
Buyer shall defend, indemnify and hold
harmless Seller and its affiliated or related companies from and against any
and all claims, losses, liability, damages and expenses including, but not
limited to, attorneys’ fees and cost of defense arising from, related to or in
any way connected with or alleged to arise from or out of any asserted
deficiencies or defects in Product caused by any alteration or modification
thereof by Buyer with or without Seller’s consent, or improper handling or
storage by Buyer, the breach of any term or condition stated herein, Buyer’s
failure to label Product or Buyer’s improper labeling of Product regardless of
whether the labeling was done with or without the advice of Seller, or any act or
omission of Buyer including any Claims for or resulting from any injury to
person (including death) or damage to property or for economic loss, several or
comparative negligence, breach of agreement, breach of warranty or other breach
of duty of or by Indemnitee or as a result of Indemnitee’s strict or other
product liability. The foregoing indemnification shall not be construed to
eliminate or in any way reduce any other indemnification or right which
Indemnitee has by law.
PAYMENT
Net cash three (3) days from the date of
Invoice. Amounts not paid within three (3) days are overdue and shall accrue
interest at a rate of one and one-half percent (1-1/2%) per month or the
highest allowed by law, whichever is less. Buyer shall reimburse Seller for any
costs incurred in collecting past due sums or any other amounts owed by Buyer
for any reason whatsoever, including, but not limited to, court costs and
attorneys’ fees.
GOVERNING LAW AND ARBITRATION
This document shall be interpreted and
governed by the law of the State of America, excluding its conflicts of laws
rules. The parties specifically exclude the application of the United Nations
Convention on the Sale of Goods.