Terms and Conditions of Sale - HDC

1.1 Scope. These terms and conditions (“Terms”) apply to all purchases of Milwaukee products you make at any of our Heavy Duty Centers (the addresses of which are available at https://www.milwaukeetool.com.hk/en/contact)

1.2 Why you should read these Terms carefully. Please read these Terms carefully before making a purchase from us at our Heavy Duty Center. These Terms contain important information about your rights and obligations, as well as limitations and exclusions. By placing an order with us, you agree to be bound by these Terms, together with our Privacy Policy (https://www.milwaukeetool.com.hk/en/privacy-policy) and Warranty Terms and Conditions (https://www.milwaukeetool.com.hk/en/terms-and-conditions). You may make a copy of these Terms for your future reference.

2.1 Who we are. We are Techtronic Asia Company Limited (Company Number: 0039085), a limited liability company incorporated in Hong Kong with the registered office at 29/F, Tower 2, Kowloon Commerce Centre, 51 Kwai Cheong Road, Kwai Chung, New Territories, Hong Kong.

2.2 How to contact us. You may contact us by:

i. calling us at +852 8101 0100;

ii. emailing us at enquiry@milwaukeetool.com.hk;

iii. filing out the Contact Us Form; or

iv. visiting any of our Milwaukee Tool Heavy Duty Centers during business hours.

2.3 How we may contact you. If we have to contact you, we will do so by mail, phone, email, and/or SMS, using the contact information provided by you to us.

3.1 Who do we sell to. By placing an order with us through our Website, you represent and warrant that:

(a) you are legally capable of entering into binding contracts; and

(b) you are an individual purchasing our product(s) not in the course of your business or trade.

3.2 Acceptance of order. Our acceptance of your order takes place when we have received your payment in full and handed over the product(s) to you, unless your order is rejected or cancelled according to Clause 3.3.

3.3 Rejection of order and cancellation by us. We will reject or cancel your order if, for instance, a product is unexpectedly out of stock, there is suspicion of fraudulent activity, or the payment is unauthorized, or in accordance with Clause 4.2. When this happens, we will let you know as soon as possible and refund any amount you have paid. If possible, we will also offer alternative options or solutions to you.

3.4 Cancellation. You may cancel an order only in accordance with Clause 4.2 (Mispricing).

4.1 Product prices. All prices displayed at our Heavy Duty Centers are in Hong Kong dollars (HKD), andvare subject to change at our discretion from time to time without prior notice.

4.2 Mispricing. We will make reasonable efforts to ensure that the product prices displayed are correct. However, it is always possible that, despite our reasonable efforts, some of the products may be mispriced. If we discover an error in the price of the product(s) that you have ordered, we will let you know as soon as possible, and we will give you the option of continuing to purchase the product(s) at the correct price or cancelling your order. If your order is cancelled, we will refund any amount you have paid as soon as possible.

4.3 Payment. We accept payment by cash, credit or debit card, or such other payment method specified by us from time to time. Payment must be made in full at the time of purchase.

5.1 Descriptions and images are for informational purposes only. We strive to provide accurate and detailed descriptions of the product(s) available at our Heavy Duty Centers. However, all the descriptions and images are for informational and illustrative purposes only and may not be entirely comprehensive. We do not warrant the accuracy or completeness of the information provided. The actual colour, packaging, measurements and other product features may be slightly different. Please inspect the product(s) before completing a purchase at our Heavy Duty Center.

5.2 Some products are not for sale. Some of the products displayed at our Heavy Duty Centers are displayed for promotional purposes only and may not be available for purchase.

5.3 Products are subject to availability. All products are subject to stock availability. If a product is unexpectedly out of stock, pursuant to Clause 3.3, we will let you know as soon as possible.

6.1 Transfer of title and risks. The ownership of, and the risks of loss of or damage to, a product purchased by you will pass to you when we have received payment in full, and have issued you a valid receipt.

6.2 Delivery

7.1 No return or exchange.  All products purchased at our Heavy Duty Centers cannot be returned or exchanged. Without prejudice to the generality of the foregoing, there is no return, exchange or refund if you have changed your mind, or if you have purchased the wrong product(s).

7.2 Defective products. Please thoroughly inspect the product(s) before completing a purchase. Any visible defects, damages or discrepancies shall be immediately brought to the attention of our staff at our Heavy Duty Center. If you fail to notify us of such defects or damages before or immediately after making the payment, the product(s) are deemed received in good condition and without any defects.

7.3 Refund. Refund will only be made in accordance with Clause 3.3 or Clause 4.2. We may consider accepting your request for a refund under exceptional circumstances that are not covered by the aforementioned clauses. Any refund shall be without interest thereon and will be made using the original payment method. In the event of a refund, where applicable, you are required to return all accompanying gifts, gift certificates, coupons, vouchers, discounted goods associated with the product(s) in question, and any other gifts and benefits received. All returned items must be in good, unused, and undamaged condition. If you are unable to return these items, or if these items are not in good, unused, and undamaged condition, you will be required to pay a fee equivalent to the value of those items, as reasonably determined by us at our discretion.

8.1 Unforeseeable losses. We shall not be responsible for any losses or damages of any kind suffered or incurred by you that are unforeseeable. Any loss or damage is unforeseeable if (a) it was not obvious that it would happen, or (b) nothing you said to us before a contract was formed between you and us meant we should have expected it.

8.2 Business losses. Our products sold at our Heavy Duty Centersare intended for domestic and private uses. If you use the product(s) for any commercial, business, or re-sale purposes, we shall in no event be liable for any losses or damages of any kind that you may suffer or incur, including, without limitation, loss of profits, loss of business, loss of business opportunity, or loss of goodwill.

9.1 Your consent. By placing an order with us at our Heavy Duty Center, you consent to the collection, use, processing, storage and transfer of your personal information in accordance with our Privacy Policy.

10.1 We reserve the right to, at our discretion, modify these Terms at any time by publishing the amended Terms on our website (https://www.milwaukeetool.com.hk/terms-and-conditions) and displaying them at our Heavy Duty Centers.

10.2 No third-party rights. Our contract with you is between you and us only. Nobody else has any right to enforce, or enjoy the benefit of, any of these Terms.

10.3 Severance. If for any reason any provision of these Terms shall be held by a court or other authority to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

10.4 No waiver. Even if we delay in enforcing any provision of these Terms, we can still enforce it later. We may not immediately chase you for not doing something (for instance, paying) or for doing something that you are not allowed to, but that doesn’t mean that we cannot do it later.

10.5 Assignment. We may transfer our contract with you to another entity, which will then be responsible for supplying to you the product(s) ordered by you. We will inform you if this happens and we will ensure that such a transfer will not affect your rights under the contract. You may transfer your contract with us to someone else only if we have agreed in writing in advance.

10.6 Entire agreement. These Terms, together with our Privacy Policy (https://www.milwaukeetool.com.hk/en/privacy-policy) and Warranty Terms and Conditions, set out the entire agreement between you and us with respect to the purchase of our product(s) at our Heavty Duty Center.

10.7 Language. These Terms are written in English language and are translated into Traditional Chinese language. In case of any inconsistency or ambiguity between the English and Traditional Chinese versions of these Terms, the English version shall prevail.

10.8 Governing law. These Terms shall be governed by the laws of Hong Kong.

10.9 Dispute resolutions. If you have any complaints about us or our product(s), please contact us in accordance with Clause 2.2. We will do our best to resolve any problems you have with us or our product(s). If you are not satisfied with the outcome, you can bring claims against us in the courts of Hong Kong, which shall have the exclusive jurisdiction to resolve any dispute between us arising from these Terms.