T&Cs 条款和条件

1. Information About Us

1.1 https://visarinnotech.com is a site operated by VISAR INNOVATIVE TECHNOLOGIES LIMITED. We are registered in Hong Kong under Business Registration Number 3196416 and with our registered office at 8/Floor, Room 7, Mai Hong Industrial Building, 160 Wai Yip Street, Kwun Tong, Kowloon, Hong Kong.

2. Service Availability

2.1 Our site services people worldwide governed by their respective countries’ laws, terms and conditions. Orders are subject to approval by all official agencies involved.

3. Our Status

3.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that the products you purchase from those companies to whom the websites we have provided a link to will be of satisfactory quality.

4. Your Status

4.1 By placing an order through our various communication channels, you warrant that you are legally capable of entering into legally binding contracts.

5. How the Contract is formed between You and Us

5.1 After placing an online order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to deliver a Product.

All orders are subjected to acceptance by us, and we will confirm such acceptance to you through email. The contract between us (“the Contract”) will only be formed when the order has been accepted AND goods have been secured.

5.2 Orders are however subjected to actual stock availability and the current market situation, item orders may be replaced with alternatives subjected to a written confirmation with you. For items that cannot be replaced, we will contact you to give you the option to cancel the order even if it has been accepted. If payment has been made, you will be refunded the amount paid.

5.3 All orders placed online will be fulfilled within 5 business days unless stated otherwise. Business days exclude Saturday, Sunday and Public Holidays.

5.4 You are obliged to make payment in full by the payment option you selected when you check-out your orders.

5.5 Each batch of goods may differ due to manufacturing constraints. In the event if you are not satisfied with any product, you may return to us within 5 days after delivery. The Product must be unused, in its original condition and it must not be a pre-order product. Please refer to our refund policy stated under "Our Refund Policy". 

6. Price and Payment

6.1 The price of any Product will be as quoted on our site but are subjected to change, especially in cases of obvious error.

6.2 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.

If a Product’s correct price is higher than the price stated on our site we might at our discretion decide to honour the lower (incorrect) price or either contact you for discussions before dispatching the Product, or reject your order and notify you of such rejection.

6.3 We are under no obligation to provide the Product to you at the incorrect (lower) price even after we have provided you with an email confirmation.

7. RMA - Return Merchandise Authorization. RTV - Return to Vendor

7.1 An RMA/RTV is defined as, but not limited to, the understanding that you, the customer, would like to return the merchandise to us for varied reasons, and hence an investigation and need for authorization will begin to process.

7.2 Should you wish to issue an RMA/RTV, please note the RMA/RTV is only valid if Visar Innovative Technologies Limited received all affected merchandise within 7 days from the date the RMA/RTV was issued.

7.3 The RMA/RTV process will take approximately 7 working days after Visar Innovative Technologies Limited received the affected merchandise.

7.4 Please note that all information requested by Visar Innovative Technologies Limited is mandatory to assist in the RMA/RTV process and failure to cooperate will result in the RMA/RTV being invalid.

7.5 Visar Innovative Technologies Limited reserves the right to halt or reject the RMA/RTV should any information requested is deemed ambiguous.

7.6 Should the RMA/RTV prove to be invalid for specified reasons, you will be obligated to make the declared payment amount to Visar Innovative Technologies Limited.

7.7 Should the RMA/RTV prove to be valid for specified reasons, a credit note will be issued to you and further discussions between both parties will take place through electronic-mail (e-mail) before coming to an agreement from both parties.

8. Our Refund Policy

8.1 When you return a Product to us (for instance, because you claim that the Product is defective, or you are not satisfied with the Product), we will examine the returned Product. Provided we are satisfied with the condition of the Product following our examination, we will either replace the item (if returned owing to a defect) or provide you with a refund. 

If you have requested a refund, we will usually refund any monies received from you using the same method originally used to pay.

8.2 Products returned by you because of a defect or within the five-day cooling-off period will be refunded in full after delivery costs have been deducted.

8.3 A claim by you that the quantity of the Products delivered falls short of the quantity ordered shall be notified to us within the day of the date of receipt. If you do not notify us accordingly, we shall have no liability in respect of such shortfall, and you shall be bound to pay the price as if the quantity of the Products had been delivered in accordance with the Contract.

8.4 The cost of return transportation is to be covered by you.

9. Our Liability

9.1 We warrant that any Product purchased from us through our site is Original Manufacturer Parts and provide 90 Days Warranty unless specified otherwise and agreed by both parties.

9.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.

10. Notices

10.1 All notices given by you to us must be given to VISAR INNOVATIVE TECHNOLOGIES LIMITED at 8/Floor, Room 7, Mai Hong Industrial Building, 160 Wai Yip Street, Kwun Tong, Kowloon, Hong Kong. We may give notice to you either via an e-mail or postal address that you provided to us when placing an order.

11. Events Outside our Control

11.1 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 events outside our reasonable control (“Force Majeure Event”).

11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (but without limitation) the following:

         11.2.1 strikes, lock-outs or other industrial action;

         11.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether 

                    declared or not) or threat or preparation for war;

         11.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

         11.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of             

                    public or private transport;

         11.2.5 impossibility of the use of public or private telecommunications networks; or

         11.2.6 the acts, decrees, legislation, regulations or restrictions of any government.

11.3 Our performance under any Contract is deemed to be suspended for the period that the 

Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

12. Waiver

12.1 If we fail, at any time during the term of a Contract, to insist upon the strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled to under the Contract, this shall not relieve you from compliance with such obligations nor constitute a waiver of such rights or remedies.

12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

12.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

13. Severability

13.1 If any of these Terms and Conditions or any provisions of a Contract are determined by any certified neutral authority, or certified authority by both parties, to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

14. Entire Agreement

14.1 These Terms and Conditions and any document expressly referred to in them represents the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether verbally or in writing.

14.2 We each acknowledge that, by entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other and that nothing may be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.

14.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether verbally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.

15. Our Right to Vary these Terms and Conditions

15.1 We have the right to revise and amend these Terms and Conditions for an unbounded set of time while this company is in operation.

15.2 You will be subjected to the Policies, Terms and Conditions in force at the time the goods have been secured by you, unless any change to those Policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), 

or if we notify you of the change to those Policies, Terms and Conditions before we provide you with the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within five working days of receipt by you of the Products).

16. Law, Jurisdiction and Dispute Resolution

16.1 Contracts for the purchase of products / sale of goods will be governed by and constructed in accordance to the laws of Singapore, and both parties, customer or vendor, agree to refer any disputes arising out of or in connection with all of the Terms & Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by Arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the arbitration rules of the SIAC ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by references to this clause, and shall be subjected to the non-exclusive jurisdiction of the Courts of The Republic of Singapore.

17. Sales Order, Sales Invoice, Tax Invoice, Proforma Invoice, Commercial Invoice, Invoice

· While the T&Cs are fixed, they can be negotiated with us, as indicated by "unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter." in its exact / similar wording and meaning.

· “Document(s)” is defined as any Sales Order, Sales Invoice, Tax Invoice, Proforma Invoice, Commercial Invoice, and Invoice, between [Party A] (Seller): VISAR INNOVATIVE TECHNOLOGIES LIMITED, and [Party B] (Buyer): The Client as defined by “Bill to” as of the date defined by “Order Date”.

· Each “Seller” and “Buyer” may be referred to individually as “Party” and collectively as “Parties”.

· “Total” is defined by the total monetary value outlined in the “Document(s)”.

17.1 There will be no changes to any official information regarding Party A, including, but not limited to, Bank Information, Company Address, and Company Reg. No., without official documentation with the official signatory, official company stamp and official date stamp from Party A, sent to Party B on the official date stamp itself. Should there be any payment issues in any form arise from such a scenario, Party A will be legally free from any liabilities, and Party B will still formally agree to pay Party A the full “Total” monetary amount, within the “Payment Terms”, outlined in the “Document(s)”. Should the “Payment Terms” exceed in the course of this scenario, T&Cs 17.4) will take effect.

17.2 Party B agrees to make the full “Total” payment outlined in the “Document(s)” to Party A unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter.

17.3 In addition, Party B agrees to bear all the bank charges should it be incurred in the process of the payment transaction to Party A, unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter.

17.4 For “Document(s)” that are not paid within the “Payment Terms”, Party A would be legally obligated to charge Party B simple interest at the rate of 5% per month of the outstanding monetary amounts outlined in the “Document(s)”, until the outlined monetary amount, inclusive of all calculated interests, is paid for in full by Party B to Party A in agreement, unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter. The “Document(s)” “Order Date” will be used for the legal definition of the start date for the “Payment Terms” stipulated in the “Document(s)”.

17.5 Should the outlined full “Total” monetary payment amount, with/without the interest as stated in T&Cs 17.4), not be received in full by Party A from Party B, Party A legally reserves the right to hold Party Bs’ shipments until the full “Total” monetary payment obligation, with/without the interest as stated in T&Cs 17.4), is fulfilled by Party B to Party A, unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter. Furthermore, all “Document(s)” in such scenarios are non-cancellable and Party B agrees to pay Party A the full “Total” monetary amount, within the “Payment Terms”, outlined in the “Document(s)”. Should the “Payment Terms” exceed in the course of the scenario, T&Cs 17.4) will take effect.

17.6 Party A reserves the right to make known and require a prepayment/deposit from Party B before proceeding to purchase the goods outlined in the “Document(s)”, with the prepayment/deposit amount being officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter. 

17.7 After the prepayment/deposit is received from Party B by Party A, should Party A fail to deliver on the “Document(s)” due to the inability to purchase the goods outlined in the “Document(s)” within 5 business days of receiving the prepayment/deposit, on the official authorised instructions of Party B via a phone/video call firstly, and a mutual confirmation email secondly, requesting a “Refund of the prepayment/deposit”, Party A would transfer back the full amount of the prepayment/deposit to Party B without interest, within 10 business days, and bear the bank charges in the payment transaction. Any other formal communication and official instructions via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter, between both Parties that does not involve a “Refund of the prepayment/deposit”, Party B will agree to not charge Party A any interest on the prepayment/deposit amount.

17.8 Should there be any changes to the quantity of the goods outlined in the “Document(s)”, Party A will fulfil its due diligence and liaise with Party B on the changes via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter. How the “Document(s)” proceed from such a scenario, will be legally recorded, discussed and officially agreed by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter.

17.9 Upon confirmation of the “Document(s)”, prepayments/deposits are not refundable should the “Document(s)” be cancelled for any reason once the goods outlined in the “Document(s)” have been officially purchased, unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter. In addition, the goods outlined in the “Document(s)” that are sold to Party B by Party A are not returnable, as well as not exchangeable, for another brand and/or other goods.

17.10 For any claims related to quality and quantity, kindly notify Party A immediately within 5 business days from the day of receipt. For any claims related to quality and quantity beyond the stipulated time period, Party A is not legally liable to take on any recovery measures, unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter. Official Documentation recorded by any logistics companies used in the delivery of the goods outlined in the “Document(s)” from Party A to Party B, may legally be used to define the start date for receipt of the goods outlined in the “Document(s)”.

17.11 Should the goods outlined in the “Document(s)”, in accordance to Party B, fail visual inspection, an official Non-Conformance (N.C) Report will be needed by Party A, before proceeding with the Return Merchandise Authorization (RMA) process, and how the “Document(s)” proceed from such a scenario, will be legally recorded, discussed and officially agreed by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter.

17.12 Should the goods outlined in the “Document(s)”, in accordance to Party B, fails on the production line, an official Detailed Failure Analysis (F.A) Report will be needed by Party A, before proceeding with the Return Merchandise Authorization (RMA) process, and how the sales order/invoice proceed from such a scenario, will be legally recorded, discussed and officially agreed by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter.

17.13 For the shipment of the goods outlined in the “Document(s)”, Party A would automatically select “No Insurance” coverage unless otherwise instructed by Party B via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter. This will also free Party A from any legal liabilities should anything happen to the goods outlined in the “Document(s)” that are being shipped to Party B from Party A. In addition, Party B still formally agrees to pay Party A the full “Total” monetary amount, within the “Payment Terms”, outlined in the “Document(s)”. Should the “Payment Terms” exceed in the course of this scenario, T&Cs 17.4)will take effect.

17.14 The shipment of the goods outlined in the “Document(s)” will be sent to the delivery address under “Ship To:” in the “Document(s)”, as instructed by Party B via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter. The “Shipment Terms” outlined in the “Document(s)” will also be officially agreed by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter. Party B also bears the legal responsibility to check all the details, including, but not limited to, the delivery address and shipping account details, are correct and provide official authorised approval via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter, for the shipment of the goods outlined in the “Document(s)”. Should the goods outlined in the “Document(s)” be delivered to the wrong delivery address, Party A is not legally liable to take on any recovery measures. In addition, Party B still formally agrees to pay Party A the full “Total” monetary amount, within the “Payment Terms”, outlined in the “Document(s)”. Should the “Payment Terms” exceed in the course of this scenario, T&Cs 17.4)will take effect.

17.15 Party A will officially document, either via pictures and/or videos, the goods outlined in the “Document(s)”, before proceeding with the shipping to Party B. Should the goods outlined in the “Document(s)” arrive in any other different condition upon the official receipt by Party B, Party B bears the legal responsibility to immediately inform Party A by the end of the day of the receipt of the goods outlined in the “Document(s)”. However, it does not mean that Party A is legally liable to take on any recovery measures, and will also not be legally liable for any mishaps that happened with the logistics company, as well as any unfortunate circumstances beyond the control of Party A, and Party B still formally agrees to pay Party A the full “Total” monetary amount, within the “Payment Terms”, outlined in the “Document(s)”, Unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter. Should the “Payment Terms” exceed in the course of this scenario, T&Cs 17.4) will take effect.

17.16 Party A seeks the cooperation of Party B to facilitate smooth transactions and business. However, should the SOP be superseded, Party A will be free from any legal liabilities, and Party B still formally agrees to pay Party A the full “Total” monetary amount, within the “Payment Terms”, outlined in the “Document(s)”, and should the “Payment Terms” exceed in the course of this scenario, T&Cs 17.4) will take effect.

18. Purchase Order, Purchase Invoice

· While the T&Cs are fixed, they can be negotiated with us, as indicated by "unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter." in its exact / similar wording and meaning.

· “Document(s)” is defined is defined as any Purchase Order, Purchase Invoice between [Party A] (Buyer): VISAR INNOVATIVE TECHNOLOGIES LIMITED, and [Party B] (Seller): The Vendor as defined by “Pay to” as of the date defined by “Order Date”.

· Each “Seller” and “Buyer” may be referred to individually as “Party” and collectively as “Parties”.

· “Total” is defined by the total monetary value outlined in the “Document(s)”.

18.1 There will be no changes to any official information regarding Party A, including, but not limited to, Bank Information, Company Address, and Company Reg. No., without official documentation with the official signatory, official company stamp and official date stamp from Party A, sent to Party B on the official date stamp itself.

18.2 Party B bears the sole responsibility of ensuring that their bank details to receive payment from Party A is up to date, as Party A will process payment according to Party B’s bank details as reflected on Party B’s invoice. Should there be any payment issues in any form arising from such a scenario, Party A will be legally free from any liabilities and is not legally liable to take on any recovery measures. 

18.3 Party B guarantees and agrees to provide Party A with genuine and new product(s) as reflected in the Document(s), in their original factory-sealed package(s) with the original manufacturer label and the Certificate of Conformance (COC). In addition, the product(s) will be RoHS / PB-FREE, and the Date Code (DC) to be WITHIN 2 YEARS unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter. Should the product(s) fail any of these conditions and the quality checks, Party B agrees and authorizes Party A to return the product(s) to Party B, and transfer back the full prepayment/deposit amount to Party A within 5 business days, with Party B bearing all the freight and bank charges, unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter.

18.4 For any product(s) that does not have the original manufacturer's body marking, Party B bears the legal liability to provide Party A with the original manufacturer's COC. Should Party B fail to deliver on the COC, Party B agrees and authorizes Party A to return the product(s) to Party B, and transfer back the full prepayment/deposit amount to Party A within 5 business days, with Party B bearing all the freight and bank charges, unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter.

18.5 For any defective or malfunctioning product(s), Party B agrees and authorizes Party A to return the product(s) to Party B, and replace the product(s), or transfer the full prepayment/deposit amount to Party A within 5 business days, with Party B bearing all the freight and bank charges, unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter.

18.6 For any counterfeit product(s), Party B agrees and authorizes Party A to return the product(s) to Party B, and transfer the full prepayment/deposit amount to Party A within 5 business days, with Party B bearing all the freight and bank charges, unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter.

18.7 After the prepayment/deposit is received from Party B by Party A, should Party B fail to deliver on the “Document(s)” due to the inability to purchase the goods outlined in the “Document(s)” within 3 business days of receiving the prepayment/deposit, Party A reserves the right to cancel the order,  and Party B would transfer back the full amount of the prepayment/deposit to Party A without interest, within 5 business days, and bear the bank charges in the payment transaction.

18.8 Should there be any changes to the quantity of the goods outlined in the “Document(s)”, Party B will fulfil its due diligence and liaise with Party A on the changes via a phone/video call first, and a mutual confirmation email secondly shortly thereafter. How the “Document(s)” proceed from such a scenario, will be legally recorded, discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter.

18.9 Party B agrees and guarantees that all product(s) sold to Party A comes with a 90-day warranty unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter.

18.10 For the shipment of the goods outlined in the “Document(s)”, Party B would automatically select “No Insurance” coverage, unless otherwise instructed by Party A via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter. Should Party A be charged for insurance on the shipment of goods from Party B without formal instructions from Party A, Party B agrees to take the responsibility, and transfer to Party A the full monetary amount paid for the insurance charges unless otherwise discussed and officially agreed upon by both Parties via a phone/video call firstly, and a mutual confirmation email secondly shortly thereafter.

18.11 Party B agrees to not under-declare the value of the product(s) being shipped to Party A. Should the value of the products being shipped to Party A be under-declared, Party B solemnly swears to provide their full support and cooperation to Party A should Party A undergo investigations by the country’s authorities.