GENERAL TERMS AND CONDITIONS
1. Retail & price agreement
a) In order to better protect the interests of both parties and others, and maintain the market price. The retail price must be unified in each online platforms and stores . The retail price should be sold at or not lower than the official retail price of HAMCUS, and it must not be sold at any form of discount before friendly negotiation and approval with the brand, otherwise the brand has the right to take back the brand Sales authorization and termination of cooperation.
b) The in season products mimimum price after promotion discount shall not be less than 20% of the HAMCUS official unified retail price. HAMCUS do not interfere with the preferential or promotional activities of internal VIP member customers.
c) Buyer can only operate and sell at the address and online store mentioned in this contract, and shall not sub authorize a third party to operate and sell in any form.
2. Delivery and return policy
a) HAMCUS is responsible for delivering the ordered products to the place designated by buyer.The carrier and shipping fee be designated and paid by HAMCUS.All merchandise shall be shipped by airfreight unless otherwise special notice is served. Air waybill date shall be accepted as the conclusive evidence of the date of shipment.
b) Within 7 days after the parcel is signed. If the quantity is not right, please contact us in time so that our company can coordinate and deal with it in time. If there is no response within 7 days, the quantity is deemed correct.
c) Within 15 days after the parcel is signed for, if the goods have quality problems after inspection, HAMCUS is obliged to return and exchange the goods. The carrier and freight are designated and paid by HAMCUS. If there is no response within 15 days, the quality is deemed correct.
d) The returned goods must have no traces of wearing or washing, and the original packaging must be intact. Otherwise, HAMCUS has the right to refuse to return or reject the returned goods.
e) During the legal after-sales maintenance period, HAMCUS provides free repair services to consumers in accordance with the law; All shipping costs, customs duties and other taxes for after-sales maintenance shall be borne by the customer. Whether or not the maintenance is in conformity with the requirements must be consulted with the hamcus sales team before sending it back.
3. Liability for delivery and overdue
a) HAMCUS deliver all the ordered goods in batches or at one time within the agreed delivery time. (the delivery date shall be negotiated by both parties according to the actual sales situation)If the delivery is not completed beyond the agreed deadline, the buyer has the right to require HAMCUS to unconditionally return the payment for the products that have not been delivered;
b) After the buyer pays the deposit and does not propose cancellation or termination in writing, HAMCUS retains the ordered goods and does not sell them to a third party until 90 days from the date of notifying the buyer to pick up the goods and pay the corresponding payment.HAMCUS has the right to dispose of the goods by itself if the buyers fails to pay for delivery within 90 days.
c) If the seller fails to provide the goods ordered by the buyer on time and in quantity due to defective production due to special reasons, the Seller shall inform the buyer in time and negotiate with the buyer to return and replace the goods.
4. Payment
a) If deposit is specified in the sections "payment terms" and "payment details" on the face hereof, payment shall be made by t/t remittance in advance prior to the deposit due date.If the deposit is not paid on time, there is a risk of canceling part or all of the order.The deposit is used as the fund to retain the goods. If the buyer fails to perform the contract and pick up the goods, the deposit will not be refunded
b) If the time of partial shipment is specified in the sections "delivery" on the face hereof,payment At least one week before each release on the official website, HAMCUS shall notify the buyer in advance to pick up the goods and pay the corresponding payment for the current batch. The payment shall be made by t/t remittance in 7 days. c) Any taxes, customs duties, and storage charges, export/import or governmental surcharges,bank service charges and any other charges imposed or occurred after seller’s delivery to carrier shall be for the account of buyer.
5. Risk
a) Once the delivery is accepted ,the title to and ownership of merchandise shall effectively pass from seller to buyer,
b) Both parties guarantee that both parties are legal persons or companies established and legally existing in accordance with the conditions and procedures stipulated by law, and have the capacity to bear civil liability with all their assets.Its business scope shall include all necessary items related to the matters agreed in this contract and the distributed products, and shall have the qualifications and licenses required by all other relevant laws and regulations.
6. Patents
a) Any patent, trademark, trade name, copyright, logo, design, pattern, insignia, or any other intellectual property right in connection with merchandise are and shall remain the property of seller.
b) The buyer can only use the seller's intellectual property rights and product sales in its stores and online stores mentioned in this contract, and shall not sub authorize a third party to use and product sales in any form.
c) Except for the product sales affairs agreed in this contract, it does not mean that one party becomes the agent of the other party.
7. Force majeure
If production and/or shipment are prevented or delayed in whole or part due to occurrence of any event beyond the reasonable control of seller, including but not limited to, act of god, civil commotion, earthquake, embargoes, epidemics, fire, flood, governmental regulations or orders, hostilities, lockouts, outbreak of a state of emergency, riots, storm, strikes, tempest, war, warlike conditions, or any other causes, both parties shall at its option perform the whole or unfulfilled portion hereof within a reasonable time from removal of the cause or rescind the whole or unfulfilled portion hereof unconditionally and without liability.
8. Assignment
a) Buyer shall not assign, transfer or otherwise dispose of the whole or part hereof and the rights, interests, or obligations hereunder without seller’s prior written consent.
b) Both parties undertake to deal in good faith, ensure fair competition and prevent any form of commercial bribery. c) Both parties agree that the product quotation, product technical information, business information, business plan, financial data, sales plan and other documents provided to the other party during the contract negotiation are trade secrets, and each party guarantees not to disclose or disclose them to any third party.
d) If the buyer does not sign a new order, the seller has the right to develop other franchisees and distributors, and the buyer shall not interfere.
9. Arbitration
Disputes arising from this contract shall be settled through negotiation at first.
Any dispute, controversy and/or difference which may arise between parties out of or in relation hereto, or any breach hereof unless settled by good faith negotiations shall be settled by arbitration in Hongkong China in accordance with the rules and regulations of the Hongkong China commercial arbitration association.
10. Governing law
This contract shall be governed by, and construed and interpreted under the laws of Hongkong China.