Gemonic.com Terms & Conditions of Sale
This page, together with the documents expressly referred to on it, tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
You will be asked to confirm your acceptance of these Terms before being able to place an order. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms, or save them to your computer, for future reference.
1.1 We operate the website gemonic.com. We are DYC Limited, a company registered in Hong Kong under registration number 71278369 and with our registered office at Flat / Rm48, Blk F, 12/F, Wah Lok Industrial Centre, No.31-35 Shan Mei Street, Shatin, ,N.T., Hong Kong.
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available and we will not process your order.
The following clause 4 only applies if you are a consumer.
4.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old, or you must obtain the consent of your parents or legal guardian before disclosing any personal information or making any purchase from our site.
4.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms will affect these legal rights.
The following clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement, based on any statement in this Contract.
6.1 You can place an order by the payment methods listed during checkout.
6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.4 After you place an order, you will receive a notice from us acknowledging that we have received your order. However, please note that this does not mean your order has been accepted. Our acceptance of your order will take place as described in clause 6.3 below.
6.5 We will confirm our acceptance to you by sending you a notice that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.6 If we are unable to supply you with a Product, for example because that Product is no longer available, or because of an error in the price on our site as referred to in clause 9.4 below, we will inform you of this and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7.1 All products purchased from our site cannot be returned, exchanged or refunded under these Terms. Exceptions for exchange will be allowed for defective products only (subject to Gemonic product guarantee terms). If you believe that your product is defective, please contact us. If we determine, in our sole discretion, that the product is defective, you will be eligible for repair or exchange (at our discretion) of your product subject to Gemonic product guarantee terms. We reserve the right to test your defective products.
7.2 To send back a product eligible for exchange, you must send back the product with the original packaging to us within 1 calendar days of the date you receive the product, ensuring that you obtain proof of posting for your own records. Note that if you fail to package the goods adequately to avoid damage in transit or fail to take reasonable care of the goods, we might not be able to accept their exchange. Please check with our customer services to confirm the delivery address to which you should send back your product.
7.3 Please note that eligible products can be exchanged only which they were originally purchased in Hong Kong.
7.4 If you are a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the Gemonic product guarantee nor by these Terms.
8.1 We will provide the estimated delivery date (and time slot if applicable) by which your order will be fulfilled. However, if we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
8.2 Delivery will be completed when we deliver the Products to the address you gave us.
8.3 The Products will be your responsibility from the completion of delivery.
8.4 You own the Products once the delivery is completed and we have received payment in full, including all applicable delivery charges.
8.5 Please note that there are a small number of areas, usually remote rural, to which we may not be able to deliver within the provided timescale. If you have any queries regarding your order, please contact [email protected]
8.6 We currently can only accept orders for delivery to addresses within Hong Kong only.
9.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of the Products are correct at the time of publication. However, if you discover an error in the prices of the Products you ordered, please see clause 9.4 below for what happens in this event.
9.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
9.3 The price of a Product does not include any applicable delivery charges.
9.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10.1 Payment must be made by one of the following: Mastercard, Visa, UnionPay, AlipayHK, Alipay or WeChat Pay. Payment for the products and all applicable delivery charges is in advance.
11.1 All Gemonic appliances are covered by a guarantee (subject to terms and conditions). This includes repair or replacement and ongoing support of your appliance.
11.2 For full details of your Gemonic guarantee, please see Operating Manual of your Product.
This clause 12 only applies if you are a business customer.
12.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
12.2 We do not limit in any way our liability for:
1) death or personal injury caused by our negligence;
2) defective products under applicable laws;
3) fraud or fraudulent misrepresentation; or
4) other items as requested by applicable laws.
12.3 Subject to clause 12.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Contract for:
1) any loss of profits, sales, business or revenue;
2) loss or corruption of data, information or software;
3) loss of business opportunity;
4) loss of anticipated savings;
5) loss of goodwill; or
6) any indirect or consequential loss.
12.4 Subject to clauses 12.2 and 12.3, our total liability to you in respect of other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.
12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty that might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
This clause 13 only applies if you are a consumer.
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for domestic or private use. You agree not to use the Product for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
1) death or personal injury caused by our negligence;
2) fraud or fraudulent misrepresentation;
3) defective products under applicable laws; or
4) other items as requested by applicable laws.
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
1) we will contact you as soon as reasonably possible to notify you; and
2) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.1 When we refer in these Terms to “in writing”, this will include email.
15.2 If you wish to contact us in writing for any reason, you can send this to us by email or by pre-paid post to DYC Limited, Flat / Rm48, Blk F, 12/F, Wah Lok Industrial Centre, No.31-35 Shan Mei Street, Shatin, ,N.T., Hong Kong.
15.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 These Terms are governed by the laws of Hong Kong. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by the laws of Hong Kong. You and we both agree to that the courts of Hong Kong will have non-exclusive jurisdiction.