| 1. |
Copyright |
| |
| 1.1 |
All site materials including, without limitation, design, text, graphics, and the selection and arrangement thereof ("Content") are either the copyright of Towngas Enterprise Limited with ALL RIGHTS RESERVED or licensed to Towngas Enterprise Limited for use on this site ("Site"). Except as provided below, reproduction of any of the Content is prohibited. |
| 1.2 |
You may download to a local hard disk and print extracts from this Site only for your personal use. You may also recopy downloaded extracts to others for their personal use only. However, none of the contents of this Site may be copied or otherwise incorporated into or stored in any other web site, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other). |
|
| 2. |
Application of these Terms and Conditions and Definitions |
| |
| 2.1 |
These Terms and Conditions govern your use of this Site. By using this Site, you are taken as having accepted and agreed to be bound by these Terms and Conditions. Please read them carefully. If you do not accept these Terms and Conditions, please do not use this Site. |
| 2.2 |
We reserve the right to make any changes to these Terms and Conditions from time to time without providing any prior notification with or without cause. The amended Terms and Conditions are effective from the date they are published on this Site. Your continued access and use of this Site shall represent your unconditional acceptance of the latest version of these Terms and Conditions. |
| 2.3 |
Any Order or purchase with us is also subject to the General Terms and Conditions for Sales of Goods - Towngas Enterprise Limited. |
| 2.4 |
The meaning of some words used in these Terms and Conditions: |
| |
| 2.4.1 |
“we”, “us” or “our” is a reference to Towngas Enterprise Limited. |
| 2.4.2 |
“you” or “your” is a reference to the person whom we are providing the services or delivering appliances and who is required to pay for the appliances delivered. |
| 2.4.3 |
“Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to this Site. |
| 2.4.4 |
“Towngas” means The Hong Kong and China Gas Company Limited. |
| 2.4.5 |
“Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China. |
| 2.4.6 |
“Products” means product(s) or service(s) we offered on this Site from time to time. |
| 2.4.7 |
“Order” means your purchase order of any Products through this Site. |
|
|
| 3. |
General |
| |
| 3.1 |
All Products offered on this Site are applicable to residential customers in Hong Kong only. |
| 3.2 |
We shall make every effort to ensure that prices, details and sizes of Products at this Site are up-to-date. Products’ prices and details are subject to change without prior notice and all Orders are subject to our acceptance at our sole discretion and stock availability. |
| 3.3 |
We shall use all reasonable commercial endeavours to ensure Products displayed on this Site are in stock. All Orders are subject to confirmation of final availability. We reserve the right to reject or cancel any Order at our sole discretion. We shall not be liable to you if we decline, cancel or become unable to fulfil any Order. |
| 3.4 |
All photos and images of the Products displayed on this Site are for illustration purposes in order to help you recognize the Products only. The actual size, dimension and colour of the Products may differ. |
| 3.5 |
In any event, if the prices of the Products displayed on this Site is incorrect by any reasons, including but not limited to human or computer errors, we reserve the right to reject or cancel the Order. |
| 3.6 |
The online Order record on this Site is for reference only. We will issue a final sales order to you upon the acceptance of your Order. Should there be any difference between the online Order record and the final sales order issued by us, the final sales order shall prevail. |
| 3.7 |
We shall not be liable to you for any losses whatsoever and howsoever arising (directly or indirectly) as a result of the use of this Site, including but not limited to placing Orders. |
| 3.8 |
If delivery of your ordered Products is delayed, postponed or rescheduled due to traffic, weather, different district or other factors, we shall not be liable for any loss or damage, no matter whether the factor which causes the delay, postponement or rescheduling is within the control of us or not. |
| 3.9 |
We shall not be liable to you for any delay or failure or non-performance of any of our services and/or obligations due to any event or series of connected events beyond our control, including but not limited to acts of God, Typhoon Signal No.8 or above, Black Rainstorm Warning Signal, fire, flood or other natural disasters, accident, riot, war (declared or undeclared), government intervention, pandemic, embargoes, strikes or boycott, labour disputes, equipment failures, shortage or unavailability of products or raw materials, delay in transit or other similar events. |
| 3.10 |
We shall also not be liable for any delay of failure to perform any obligations due to the compliance of any regulations, official orders, and directions from Hong Kong Government, such as compliance of any regulation or order in relation to prevention of spread of disease. |
| 3.11 |
Under no circumstance we shall be liable for any indirect, special, incidental, consequential or punitive damages of any nature, including, but not limited to, business interruption costs, loss of profit, removal and/or reinstallation costs, loss of data, injury to reputation or loss of customers. Your recovery from us for any claim shall not exceed the purchase price for the Goods giving rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise. |
| 3.12 |
We sell and deliver Products to end-user customers only. We are not selling our Products for re-sell purpose. We reserve the right to decline or cancel your Order if we believe that you are purchasing any Products for resale. |
|
| 4. |
Registration |
| |
| 4.1 |
Before placing any Order, you must either log-in the Site with your Towngas e-account to place any Order, or provide all necessary information as required upon checkout as a visitor. |
| 4.2 |
You must provide us with accurate, complete and up to date information. |
| 4.3 |
You must safeguard your Towngas e-account’s information, including but not limited to your password. |
| 4.4 |
You authorize us to assume that any person using this Site with your e-account and password is either you or is authorized to act for you. |
| 4.5 |
You must inform us immediately of any changes to the information that you provided so that we can communicate with you effectively. |
|
| 5. |
Order |
| |
| 5.1 |
When you place an Order on this Site, you are making an offer to buy the Products you have specified at the price stated for those Products. You cannot cancel an Order once it has been submitted, even if our acceptance or rejection of your Order is still pending. |
| 5.2 |
We will acknowledge your Order to confirm that we have received your Order by email. The email stated in this clause shall not constituted an acceptance of your Order by us unless and until we have issued a final sales order to you. |
| 5.3 |
We reserve our right to decline and cancel any Order without giving any reasons and at our sole discretion, including without limitation: |
| |
| 5.3.1 |
no sufficient stock of your ordered Products; |
| 5.3.2 |
one or more of your ordered Products was listed at an incorrect price due to a human or computer error; |
| 5.3.3 |
no delivery can be arranged for your area; or |
| 5.3.4 |
unsuccessful payment. |
|
| 5.4 |
We may, at our sole discretion, notify you by phone or email in accordance with the contact information provided to us by you in case we declined or cancelled your Order. |
|
| 6. |
Payment |
| |
| 6.1 |
We accept payment by our designated credit cards, gas bill account (including by installment or hire purchase) or other designated electronic means as specified by us. We may change the payment method at any time without prior notice. |
| 6.2 |
All Product prices listed are in Hong Kong dollars. The Product prices listed on this Site may differ from the prices of the same products in our physical stores as at the date of purchase. |
| 6.3 |
When you place an Order, you agree and accept that your credit card information or information of any other means that you used to settle the payment will be collected, processed, and kept by a payment service provider subject to its terms and conditions. You also authorize us to debit the credit card, your gas bill account or any other payment methods which linked to the electronic payment facilities of your Order for the amount of the Order at the time we receive your Order. You represent to us that you are authorized to make such payment. |
| 6.4 |
By using credit card or any electronic payment facilities, you agree and accept that you are solely and exclusively responsible for any losses (whether direct or indirect) whatsoever suffered, incurred or sustained by you or by other person arising (directly or indirectly) out of the sale and purchase transaction between you and us, and in no event shall any such losses in whole or in part be borne by us. |
| 6.5 |
Except the payment method specified in this Site, any Towngas or our shopping vouchers and/or Towngas Fun points are not accepted on this Site. |
| 6.6 |
Under Credit Card Purchase Protection service (e.g. Visa Verification Service, MasterCard Secure Code), you can enjoy safe and secure shopping by using your own credit card. Credit cards used for shopping should be valid and under the purchaser’s own name. |
| 6.7 |
To provide secure online transactions, 3D Secure encryption verification is deployed or applied by a gateway service provider, a one-off passcode will be sent to the registered mobile number of the card holder to ensure you are the sole and only authorized person to use the said credit card. |
| 6.8 |
3D-Secure encrypts your personal information, including credit card number, name and password, before transmitting the same to the relevant bank or credit card provider for verification, so that it would not be read by any unauthorized third party during transmission. The information will not be transmitted to us. |
| 6.9 |
The use of interest free instalment payment method is subject to Towngas’ relevant instalments policy and terms. The amount of each instalment will be debited to your gas bill account and will be shown in your gas bill on a monthly basis. The amount of each instalment and the instalment period of the instalment plan as approved by Towngas cannot be varied. If your gas account is terminated during the instalment period, the sum of all outstanding instalments under the approved instalment plan shall become immediately due and payable by you. |
|
| 7. |
Delivery and Installation Service |
| |
| 7.1 |
We only make deliveries and provide charged installation service only for residential customers in areas which can be reached by vehicles from Monday to Saturday except public holidays and when typhoon warning signal No. 8 or above or black rainstorm warning is in force. The delivery and installation service will not be provided for all restricted areas. |
| 7.2 |
A surcharge will be applied for delivery to (i) remote areas (such as Ma Wan, Lantau Island but except Tung Chung), and (ii) outlying islands (such as Cheung Chau, Mui Wo, Lamma Island and Peng Chau). |
| 7.3 |
We will deliver your ordered Products to the address you give us for delivery at the time you make your Order. The Products shall be, and shall be deemed to be, delivered and accepted by you when the Products is delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your Order without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons. |
| 7.4 |
You will become the owner of the Products you have ordered when all payments have been duly settled. Any risks associated with the Products shall pass to you upon delivery. We will not be liable for any loss or damage of the Product. |
| 7.5 |
The Product(s) recommended by this Site is based on the purchase record of your registered address. We reserve our right to charge you additional costs, at our sole discretion, for extra modification work incurred or charge due to the actual situation. |
| 7.6 |
Unless otherwise specified by us, all gifts, in general, will be delivered together with Products. However, if the gift is a Towngas Fun e-Coupon, it will be automatically saved to your Towngas Fun account upon the completion of the applicable Order. In case any gift items of your purchased Products and/or Order are not available, we reserve the right to replace it by another gift item without notice. |
| 7.7 |
Unless otherwise specified, we will use all reasonable commercial endeavor to make delivery within 3 months after we have issued the final sales order for your Order. Subject to prior online arrangement, you may be offered to select from any one of the delivery timeslots available at the time you make your Order, however, the Order shall be invalid after the expiry date as specified in the final sale order. Should you fail to make or take the delivery within 3 months, we shall have the right to dispose of such Products at our own discretion without further notice to you. In such event, we shall not be liable to make any refund or compensation to you. |
| 7.8 |
Towngas reserves the right to disconnect the supply of gas and collect back the Products, and to recover associated costs if you do not settle any payment of the Products (including but not limited to the Products’ price and the installation fee) in full or in part on time for whatever reason. |
| 7.9 |
The 3-year free spare parts replacement warranty service does not apply to any Products damages resulting from improper installation, mishandling, abuse of use and misuse of Products. |
| 7.10 |
The 3-year free spare parts replacement warranty service applies only to Products as originally supplied and under normal use in accordance with the manuals. It does not apply to any consumable parts, including but limited to pan support, drip pan, burner cap, and burner ring, etc. Any replacement or repair of the consumable parts of the Products shall be at your own costs and expenses. |
|
| 8. |
Exchange and Refund |
| |
| 8.1 |
Unless otherwise agreed by us in writing, under normal circumstances, we would not accept any request for return or exchange of Products or cancellation of Order. |
| 8.2 |
You shall examine the Products immediately for any deficiencies and/or damages of the Products and whether all accessories are included upon delivery. If it is the case, you must contact our staff promptly, otherwise we shall have the discretion to refuse your claim after delivery. We may deliver the undelivered accessories, replace the damaged and/or defective Product, make a refund to you or make any other reasonable arrangement as necessary at our sole discretion on a case by case basis. If necessary, we may need to attend to the Products physically in order to do an assessment. |
| 8.3 |
If the purchased Products need to be returned after our assessment, it must not be damaged, scratched and/or defaced. Otherwise, we reserve our right to decline to accept the said returned Products. We shall not be liable to make any refund or compensation to you. |
| 8.4 |
All gift items must be returned together with the returned Products. Otherwise the retail value of the gift items would be deducted from the refund. |
| 8.5 |
In exceptional case where agreed with you, we will refund the amount you paid for the Order to your relevant payment account which you applied to settle the payment or other means as agreed with you. The refund process takes about 4 weeks. |
| 8.6 |
If the purchased Products need to be exchanged after our assessment, but the Products to be exchanged are out of stock, you may return such Products to us and apply the amount paid to buy alternative Product(s) provided always that the returned Product(s) shall not be damaged, scratched and/or defaced. |
| 8.7 |
Original sales receipt or relevant electronic receipt (if applicable) must be produced to us for the request of Products exchange. |
| 8.8 |
You agree and accept that the exchange of Products is subject to stocks availability. |
| 8.9 |
You agree and accept that it will be at our sole discretion whether the return or exchange of Products is accepted. |
|
| 9. |
Disclaimer |
| |
| 9.1 |
The information or materials contained in this Site, including, without limitation, text and graphics, are provided on an 'as is' basis without warranties of any kind, whether expressed or implied. To the maximum extent permitted by the law, we disclaim all representations and warranties. |
| 9.2 |
We do not represent or warrant that the materials on and information accessible via this Site are accurate, complete or current. |
| 9.3 |
We will not be responsible for any losses or damages arising out of or in connection with the use of the information or materials on this Site. |
|
| 10. |
Modification and Amendments |
| |
| 10.1 |
We reserve the right to expand, reduce and/or modify any part of the service or Content on this Site, change the terms, conditions and operations of service at any time, and/or amend any operating rules which govern your use of the service. |
| 10.2 |
All charges, terms and conditions are subject to change without notice. |
| 10.3 |
Towngas may also suspend the service at any time without prior notice to carry out system maintenance, upgrading, testing and/or repairs. |
|
| 11. |
Termination |
| |
| 11.1 |
Towngas reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent your future access to and use of this Site. |
|
| 12. |
Severability |
| |
| 12.1 |
The provisions of these Terms and Conditions are severable from one another. If at any time one or more of the provisions is or becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions will not be affected in any way and will remain in full force and effect. |
|
| 13. |
Third Party Rights |
| |
| 13.1 |
No person other than you, us and Towngas has any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce or enjoy the benefit of any of the provisions of these Terms and Conditions. |
|
| 14. |
Governing Law |
| |
| 14.1 |
These Terms and Conditions shall be construed in accordance with the laws of the Hong Kong and you and us shall submit to the exclusive jurisdiction of the courts of the Hong Kong in the event of dispute. |
|
| 15. |
Data Privacy Protection |
| |
| 15.1 |
We are committed to safeguarding the privacy of individuals with respect to personal data. We therefore make sure that our policies and practices in relation to the collection, use, retention, transfer and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486) under the laws of Hong Kong. |
|
| 16. |
Governing Version |
| |
| 16.1 |
In case of any inconsistency or conflict between the English and Chinese versions, the English version shall prevail. |
|
2024 © All rights reserved. Hong Kong and China Gas Company Limited
