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條款及細則


This website ("hkvtcshop.com", "HKVTC Shop", the "Website"), operated by the Vocational Training Council (“VTC”, "we", “our”, and “us”), a statutory body established under Vocational Training Council Ordinance (Cap. 1130), Laws of Hong Kong, is available to you on the condition that you accept without modification the terms, conditions and notices contained herein. 

Please read these Terms and Conditions (“Terms”) carefully before using the Website. By accessing and/or using the Website, Services, or any part thereof, including purchasing the Products, you agree that you have read these Terms and that you accept and agree to be bound by them. If you are not willing to be bound by these Terms, you must not access or use the Website, Services, or any part thereof.

We reserve the right to make changes to these Terms from time to time in our sole discretion, without notice or liability to you. Any amended version of these Terms shall be made available on our Website, which shall take effect once posted. By continuing to access and use the Website, Services, or any part thereof following any amendments to these Terms, you agree to be bound by the latest version of these Terms. 


1. Definitions

1.1. The capitalised terms used in these Terms shall have the following meanings:

“Abandoned Products” mean any Products which you purchased and paid for through the Website, but which:
i. you or your authorized representative have failed to collect at the designated collection point on the date and time specified in your order confirmation email; or
ii. are delivered to the Given Address but the recipient fails to acknowledge delivery of the same; or
iii. we are unable to deliver because the Given Address is incomplete and/or incorrect.

“Account” means the hkvtcshop.com membership account established by us for a Member to access and use the Website, in accordance with these Terms. 

“Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site.

“Given Address” means the address that you have provided to us at the time when you made an order for a purchase through the Website. The Given Address cannot be (i) any place where permission to access is required, (ii) a P.O. Box address; or (iii) an address at any hotel.

“Member” means a person whom we have permitted to have access and use the Account in accordance with these Terms.

“Message(s)” means any communications between the Parties transmitted through the Website or by electronic mail.

“Parties” means both VTC and you, and “Party” means either of these. 

“Personal Information Collection Statement” or “PICS” means the statement we present to you, for the purpose of complying with the notification requirements under the Personal Data Protection Ordinance (Cap. 486), whenever we collect your personal data from you.

“Price” means the price of the relevant Product.

“Privacy Policy” means our privacy policy which sets out how we handle personal data that we may collect from time to time in relation to the use of the Website and/or Accounts, and as may be amended by us, from time to time, the most updated version of which can be found at https://www.hkvtcshop.com/pages/privacy

“Product(s)” means any items or services you place an order(s) for from the Website, including items or services that you purchase.

“Promotion Credits” mean the free credits issued by VTC to Members as part of promotional events through hkvtcshop.com.

“Services” means services provided via the Website that enables Members to purchase Products, and other related services that we may decide to provide, from time to time, via the Website in our sole discretion.

“Third-Party Websites” mean other websites accessible via the Website, as well as all related websites in connection therewith.

“you” or “your” means the Member and any person(s) who accesses or uses the Website.

1.2. Whenever the words "include", "includes", "including" or "in particular" (or similar derivatives) are used, they are deemed to be followed by the words without limitation.

1.3. Each of the conditions, terms, representations and warranties in these Terms are to be construed independently of the others.

1.4. References to any statute, enactment, ordinance, order, regulation or similar instrument shall be construed to include a reference to the statute, enactment, ordinance, order, regulation or instrument as from time to time amended, extended, re-enacted or consolidated, and all statutory instruments, orders, regulations or other similar instruments or subordinate legislation made pursuant to or under it (as from time to time amended, extended, re-enacted or consolidated).   

1.5. Where these Terms state that we "may" carry out an action, it is a right that may be exercised in our absolute discretion, and we are not obligated to do so.

1.6. Clause headings and the division of these Terms into separate parts are for ease of reference only, and are not intended to be a part of or affect the meaning, interpretation or construction of any of the terms and conditions of these Terms, and are not intended and shall not affect the application of any clause in these Terms to the entirety of these Terms (unless expressly stated otherwise).

1.7. Where a word or expression is defined or given meaning, another grammatical form shall have the corresponding meaning.

1.8. The ejusdem generis rule does not apply to these Terms in those specific words indicating a specific class, category or type, shall not restrict the meaning of any subsequent or preceding general words. 

1.9. A provision of these Terms shall not be construed adversely against or to the disadvantage of a person, merely because that person was responsible for drafting and/or preparing these Terms or such provision. 


2. The Website

2.1. The Website is an online retail platform operated by VTC. In addition to the online sale of Products, we may offer the pre-order of Products as part of the Services.

2.2. We shall make reasonable efforts to ensure that Product details (including price) on the Website are up to date. Prices may be subject to change without prior notice and all orders for purchase are subject to VTC’s acceptance at its sole discretion and stock availability.

2.3. We shall make reasonable efforts to ensure that the Products displayed on the Website are in stock.

2.4. All orders are subject to confirmation of final availability, and we reserve the right to reject an order in the event that any of the Products requested are unavailable.

2.5. We have the sole discretion to place a limit on the quantities of any Product(s) that may be purchased on the Website. Such limits may be imposed on each (a) order, (b) account, (c) credit/debit card, or (d) customer, as the case may be.

2.6. The prices charged for the Products are those applicable at the time you place your order.

2.7. If you request a variation to you order which we have accepted, the total Price payable for the Product(s) may be adjusted accordingly to reflect the variation and will be recorded on the final bill shown on the Website at the time of delivery.

2.8. All pictures and images of the Products displayed on the Website are for illustration purposes only, and do not constitute a representation of the appearance of the Products. The actual size, dimension, and colour of the Products may differ from the representations provided on the Website. 

2.9. The Website is provided on an ‘as is’ basis and we make no representations or warranties of any kind with respect to the Website and expressly disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, reliability, timeliness, non-infringement, title, or suitability for any purpose of all information and content made available on or through the Website or via any Message(s). Such information and content may contain factual or technical inaccuracies or typographical errors. All liability of VTC howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.


3. Registration and Use of an Account

3.1. You are required to register an Account when you use the Services or place an order. The Account allows Members to access and use the Services offered on the Website. 

3.2. By registering on the Website or by using any Services provided by us, you represent and warrant that you are capable of forming a legally binding contract in accordance with these Terms. If you are under 18, you must let your parents or guardian know about the Website before you register to use the Website and the Services.  

3.3. In order to register for an Account, you must complete the application and/or registration process stipulated by us, from time to time, including providing all required information. We have the right, in our sole discretion, to: (a) accept or decline any application to open an Account, or, (b) add to, amend, cancel or remove the application and registration process for an Account, at any time, without any notice or liability to you.

3.4. Each Account that is issued and opened by us shall be personal to the relevant Member, and shall not be transferable. You shall not share, allow or suffer your Account to be used by any other third-party.

3.5. You shall be solely and fully responsible for all activities that occur and all actions that are taken or omissions made under your Account, or any access or use of the Website and/or Services on your behalf.

3.6. We shall not be responsible or liable to you or any third-party for any loss or damage, whatsoever, as a result of any unauthorised access to your Account, including any failure to keep passwords in respect of user accounts confidential. This applies irrespective of whether or not we have been notified of such unauthorised access.

3.7. You shall maintain and update your Account information on the Website promptly or as soon as practicable if there are any changes to your profile information that you provided so that we can communicate with you effectively. 

3.8. You are responsible for all data that you transmit or that relates to any activity you have undertaken using your Account and agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby agree not to raise any claim against us for whatsoever compensation and reliefs. 

3.9. In the event that we have reasonable suspicion that any information and material supplied by you to us for Account registration is untrue, inaccurate, outdated or incomplete and etc., we have the discretion to cancel any order made by you and/or terminate/cancel your Account with us and in such circumstances, you hereby agree not to raise any claim against us for whatsoever compensation and reliefs.

3.10. We have the discretion to take actions of termination and cancellation against your Account for activities including but not limited to the following circumstances, and you hereby agree not to raise any claim against us for whatsoever compensation and/or relief:

3.10.1. Using any technology to attempt to hide the use of multiple site accounts or disrupt any of our Services in any way;

3.10.2. Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically, or otherwise objectionable material;

3.10.3. Advertising or sending unsolicited messages of any kind;

3.10.4. Impersonating others or providing any kind of false information. We reserve the right to terminate any Account at its sole discretion. We may send you an email to inform you of the termination of your Account in such event.


4. Ordering for Purchase of Products

4.1. When you place an order for a purchase, you are offering to purchase those Products at the price listed on the relevant Product description page at the time of order. 

4.2. All orders are subject to stock availability and confirmation of the order price. Items in your shopping cart are not reserved and may be purchased by other Members. 

4.3. We shall send you an order confirmation email upon the confirmation of your order which includes: (i) the details of the items you have ordered; and (ii) follow-up information relevant to the order including collection/delivery details.

4.4. You are responsible for safeguarding the order confirmation email which contains the important information of your personal data and collection/delivery details.

4.5. Depending on Product availability, the order confirmation email may not include all items you have ordered. Separate notice(s) may be sent to you regarding the latest availability updates.

4.6. The Website is for your personal use only. You may not purchase goods from the Website for reselling purposes or any other commercial exploitation.

4.7. We reserve our rights not to accept or cancel an order for any reason at our sole discretion, including without limitation:

4.7.1. Insufficient stock to deliver the products you have ordered; or

4.7.2. No delivery can be arranged for your area; or
 
4.7.3. One or more of the products you ordered was listed at an incorrect price due to a technical error.


5.
Self-Collection and Delivery of Products Purchased

5.1. Self-Collection

5.1.1. You are responsible for collecting the Product(s) purchased at the designated collection point you have selected during purchase on the date and time specified in your order confirmation email. When you collect the Product(s), you are required to present the order confirmation email with your order number.

5.1.2.
 You are responsible for safeguarding your order confirmation email. When collecting your order at the designated collection point, you agree that we are entitled to assume that any person presenting your order confirmation email for collection is either you or is authorized by you to collect the Product(s) on your behalf.

5.1.3. If you fail to collect your Products in accordance with Clause 5.1.1, you shall be deemed to have abandoned the Product(s). We shall treat such Product(s) as Abandoned Products.

5.1.4.
 We shall not be liable in any way for any damages, losses, costs, expenses, liabilities, or compensation, whether direct or indirect, which arise from or are in connection with the handling and/or delivery of Products to the designated collection point, whether due to the negligence of us or its officers, employees, agents, and contractors.

5.2. Delivery

5.2.1. You will be asked to provide the full and correct name of the recipient of the Product(s) and the Given Address when you place your order. 

5.2.2.
 We shall deliver the Product(s) you have ordered to the Given Address via a third-party delivery agent. The Product(s) shall be deemed to be delivered and accepted either when (i) receipt of the Product(s) is acknowledged by the recipient at the time of delivery at the Given Address; or (ii) the recipient responds to confirm the delivery schedule (i.e. the delivery time of the ordered Products to the Given Address) with the third-party delivery agent. 

5.2.3.
 You understand and agree that we may provide your name, delivery address and contact information to our third-party delivery agent in order to deliver the Product(s) you have ordered, to you.

5.2.4.
 In the event that the Products(s) cannot be delivered due to the recipient’s failure to acknowledge receipt in accordance with Clause 5.2.2, we shall treat such Product(s) as Abandoned Products.

5.2.5.
 If we consider the Given Address is incorrect or incomplete, we will endeavour to contact you to ascertain the correct address. However, in the event that we cannot contact you within a reasonable time, we shall treat the Product(s) as Abandoned Products.

5.2.6.
 We shall not be liable in any way for any damages, losses, costs, expenses, liabilities, or compensation, whether direct or indirect, which arise from or in connection with the handling and/or delivery of Products to your Given Address, whether due to the negligence of our third-party delivery agent or its officers, employees, agents, and contractors.

5.3.
 We shall not be responsible for any delay, inability to deliver, or any loss incurred under unforeseeable circumstances, including natural disasters: storm, flood, fire, fog, frost, or geological disasters or incidents that are not within our control e.g., embargo, riot or civil commotion, industrial action.

5.4.
 Once the Product(s) has been delivered to you, you are the owner of the Product(s) and they will be held at your own risk, we shall not be liable for any loss or damage.


6.
 Price and Payment

6.1.
 By proceeding to check out on the Website, you understand and agree that you have to settle the payment by Credit Card or Bill Payment through ATM or Online Payment. We use third-party payment service to process online transactions, you understand and agree that you are providing your information to a third-party payment service provider that you are solely and exclusively responsible for any losses incurred or sustained by you in making payment transactions, and in no event shall any such losses in whole or in part be borne by us. 

6.2. By placing an order, you confirm that the credit card(s) used for placing an order is valid and under your own name or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to us, we shall not be liable for any delay or non-delivery. 

6.3. All prices on the Website are listed in Hong Kong Dollars (HKD). If your credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction. 

6.4.
 Prices displayed on the Website at the time your order is accepted will be honoured except in the case of obvious error. Whilst we use our best endeavours to ensure that all prices appearing on the Website are accurate, we do not guarantee that they are error-free and reserve our rights to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.

6.5.
 VTC reserves the right to terminate any transaction which we consider suspicious, and we shall not be liable for any payment fraud.

6.6.
 VTC reserves the right to change the payment mode for any Products offered online at any time without prior notice.

6.7.
 Full payment in respect of an order must be made upon the placing of that order and before delivery of the Products to you. If your payment cannot be processed, the order will not be accepted. An order confirmation email will be sent to you only when the order is accepted.


7.
 Cancellation of Order for Purchase

7.1.
 Except as otherwise provided under these Terms, you cannot cancel an order once the order confirmation email has been issued to you.

7.2.
 VTC may cancel an order for purchase for any reasons which may cause an order to be unfulfilled, including but not limited to: (a) non-compliance by the relevant customer of any conditions specified at the time of the order; or (b) inability to process payment for the Product for whatever reason; or (c) any errors made on the Website or any errors made in connection with your order.

7.3.
 If the order is cancelled by us and you have already made any payment, we will make a refund on any sum deducted by us from your credit card or transferred to us. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.


8.
Refund, Return and Exchange

8.1.
 Unless otherwise specified, no refund, return and exchange of Product(s) will be accepted.

8.2.
 If you find the product(s) delivered to you are defective, you must lodge your application for replacement to us through email at cs-hkvtcshop@vtc.edu.hk within five (5) working days from the date of the receipt of the defective Product(s). Product replacements may only be granted if you are able to meet the following prerequisite conditions:

8.2.1. All valid supporting evidence to prove your request for replacement of the products;

8.2.2. All valid supporting documents to prove that the product(s) in problem is/are purchased from the Website;

8.2.3. The photos/videos of the product(s) in problem as an evidential proof;

8.2.4. All product(s) in problem for replacement must be in its original state and not used; and

8.2.5. All components and parts of the product(s) in problem including but not limited to its user menu, certificates, labels, marks, materials, packing bags and boxes for replacement must be returned to us. 

8.2.6. You shall bear the delivery costs or bring all components and parts of the defective Product(s) in question during office hours to the following address:

Address:
IVE (Kwun Tong)
Room 431, 25 Hiu Ming Street, Kwun Tong, Kowloon

Office Hours:
Monday to Friday – 9am to 5pm
Closed on Saturday, Sunday, and Public Holidays

8.3. After you duly comply with the requirements stipulated in above 8.2 to our satisfaction and the outcome of our inspection confirms that the Product is defective, you will be offered the possibility to exchange it. We shall replace the Product(s) with an equivalent product(s) within 7 working days after our approval.

8.4.
 If the relevant Product(s) to be replaced are out of stock, we shall make a refund on any sum deducted by us from your credit card or transferred to us.


9.
 Promotion Credit

9.1.
 You may receive promotion credit from us, via email or direct credit to your Account or through other promotional channels when a promotion campaign is launched.

9.2.
 All promotion credits are non-transferable, have no monetary value and under no circumstances can they be converted into cash.

9.3.
 Only one promotion credit can be used per order for purchase.

9.4.
 A promotion credit may not be used more than once, even in the event that you change or cancel the order. Each promotion credit has an expiry date, which will be stated at the time of the promotion or in related promotional materials, and such expiry date cannot be modified.

9.5.
 Provided that the required conditions are met, a promotion credit entitles you to a discount off the price of the relevant order before the application of any delivery charges or additional costs.

9.6.
 A promotion credit may not be used in conjunction with other promotions or special offers.

9.7.
 Some types of promotion credit may be exclusive and may only be used once per customer. Once such an exclusive promotion credit is redeemed, it can no longer be applied to future purchases. If the promotion credit is lost or used by someone else, no replacement will be issued.

9.8.
 Any refund of Product(s) purchased using promotion credit(s) will be reduced by the value of the discount attached to it. The promotion credit discount is non-refundable.  


10.
 Third-Party Websites

10.1.
 The Website may include links to other third-party websites or resources that are not operated or prepared by VTC. We have no control over these websites and resources, and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them. 

10.2.
 We are not responsible for the content or accuracy of any third-party website pages, which include but is not limited to service providers, suppliers or courier companies. We do not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or the content of those websites. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of those websites. 


11.
User Generated Content 

11.1.
 We may provide you with the opportunity to create, submit or post content and materials to us or on the Website, including but not limited to text, writings, photographs, graphics, comments, suggestions or other materials (collectively, “User Generated Content”). When you create or make available any User Generated Content, you thereby represent and warrant that:

11.1.1. Your Content is not false, inaccurate, or misleading.

11.1.2. Your Content does not violate any applicable law, regulation, or rule.

11.1.3. Your Content does not violate the privacy or publicity rights of any third-party.

11.1.4. Your Content is not unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation.

11.1.5. Your Content does not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.

11.2. Any use of the Website in violation of the foregoing violates these Terms and may result in termination, or suspension of your rights to use the Website.


12.
 Liability

12.1. 
Any losses incurred or sustained by you in transmitting payment information shall be borne solely and exclusively by you and in no event shall any such losses be, in whole or in part, borne by VTC. If you are using a public computer, you shall ensure that you sign out of the Website once you have finished browsing the Website.

12.2.
 You shall be liable for every order made using your credit card and/or money transfer and you hereby agree to indemnify VTC for all claims or damages whatsoever made by any third-party arising from the actions of a person placing orders on the Website using your credit card and/or your Account.

12.3.
 We shall not be liable in any way for any damages, losses, costs, expenses, liabilities or compensation, whether direct or indirect, which arise from or are in connection with your access and use of the Website; or any breach of security, delay, corruption or destruction of data or systems (including but not limited to those caused by any virus or other malicious code), transmission error, inaccessibility (whether in connection with upgrading or modification of the Website, failure or insufficiency of the technical facilities or technical issues on the user’s side) of the Website; or any part thereof, whether due to the negligence of VTC or its officers, employees, agents, contractors or otherwise.


13.
 Indemnity

13.1.
 You hereby agree to indemnify and hold VTC, its officers, employees, agents and contractors harmless against all damages, losses, costs (including legal costs), expenses and liabilities suffered or incurred by VTC, its officers, employees, agents or contractors arising out of or referable to any claims, suits or proceedings brought against VTC, its officers, employees, agents or contractors by third parties arising out of or in connection with:

13.1.1. Your acts, failures, omissions, and defaults, including but not limited to infringement of any intellectual property rights or other rights of third parties; unauthorized access and/or use of the Website or any part thereof; unauthorized disclosure or use of any authentication method; and/or failing to act in accordance with these terms and conditions; or

13.1.2.
 Arising from any tax, duties, excise, or licence fee liability in connection with these terms and conditions.


14. Intellectual Property Rights

14.1.
 You agree that the Website, and any and all information and content on the Website, including but not limited to all Content, are the property of VTC, or its licensors, as the case may be.

14.2.
 References to any names, marks, products or services of third parties do not necessarily constitute or imply VTC’s endorsement, sponsorship or recommendation of any third-party, brand, product or service. To the maximum extent permitted by law, we are not responsible and disclaim all liability for:

14.2.1. such third-party products, services, websites;

14.2.2. any act or omission of these third parties; or

14.2.3. any dealings between you and these third parties, whether or not such dealings have been performed through or facilitated by the Website.

14.3.
 We (or where applicable, our licensors) retain all legal, equitable and moral rights in the Website and its Content that have not been expressly granted to you. You acknowledge that you have no right, title or interest in and to the Website and its Content and you agree not to challenge their validity or our ownership of or rights to them. No material, graphic or image from this Website and its Content may be appropriated or modified in any manner, or reproduced, republished, uploaded, posted, transmitted or distributed in any way, without our and our licensors’ prior written permission.

14.4.
 All Content on the Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without our or the relevant owner’s prior written consent. You must not modify, adapt, translate, decompile, alter, disassemble, reverse engineer or create derivative works from any Content from the Website or copy, reproduce, republish, upload, post, transmit, distribute or otherwise communicate or cause to be displayed to the public any Content, or any modification, adaptation, translation, decompilation, alteration, disassembly, reverse engineering or derivative works created from any Content, without our or the relevant owner’s prior written consent. You must not use any part of the Content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.


15. Data Protection

Any personal data or information which you may provide to us is subject to our Privacy Policy (available at https://www.hkvtcshop.com/pages/privacy), and the applicable PICS (available at https://www.hkvtcshop.com/pages/personal-information-collection-statement), which is incorporated by reference into these Terms.


16. General

16.1.
 In case of any dispute between the Parties in respect of or in connection with these terms and conditions, VTC's determination shall be final and binding.

16.2.
 The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

16.3.
 No waiver of any breach of these Terms shall be effective unless made in writing by the Party granting such waiver and given to the other Party.

16.4.
 No failure on the part of VTC to exercise, and no delay on its part in exercising, any right or remedy under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

16.5.
 You shall not assign or transfer your rights or obligations under these Terms or any part, interest or share herein without the prior written consent of VTC.

16.6.
 We may assign, transfer or subcontract all or any of its rights or obligations under these terms and conditions to any third-party.

16.7.
 If any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner so as to achieve the intention of the Parties. Alternatively, at the discretion of VTC, it may be severed from these Terms and the remaining provisions of these terms and conditions shall remain in full force and effect, unless VTC (at VTC’s discretion) decides that the effect of such declaration is to defeat the original intention of the Parties.

16.8.
 These Terms shall be governed by the laws of the Hong Kong Special Administrative Region ("Hong Kong") and both you and VTC agree to submit to the exclusive jurisdiction of the Hong Kong courts.

16.9.
 We may revise these Terms from time to time in our sole discretion, without notice or liability to you. If any dispute arises, VTC's determination shall be final.

In the event of any discrepancy or inconsistency between the English and Traditional Chinese versions of this Policy, the English version shall prevail.