Terms and Conditions of Sale – Online Shop

1.1 Scope. These terms and conditions (“Terms”) apply to all purchases of Milwaukee products you make through our website www.milwaukeetool.com.hk/（"Website"）

1.2 Why you should read these Terms carefully. Please read these Terms carefully before making a purchase from us through our Website. 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), Terms and Conditions of Use (https://www.milwaukeetool.com.hk/en/legal) and Warranty Terms and Conditions (https://www.milwaukeetool.com.hk/en/terms-and-conditions). You may save or print 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:

(a) calling us at +852 8101 0100;

(b) emailing us at enquiry@milwaukeetool.com.hk;

(c) filing out the Contact Us Form; or

(d) 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.

2.4 Your order number. You will receive an order number for your order. Please quote the order number whenever you contact us about your order.

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;

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

(c) you are located in Hong Kong.

3.2 Acceptance of order. Our acceptance of your order takes place when we send you an email confirming your order, 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, you are located outside of Hong Kong, 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.

3.4 Cancellation and changes to order by you. Once you have placed an order, you may not make any changes to the order, including, but not limited to, changing the delivery option or the product(s) ordered. You may cancel an order only in accordance with Clause 4.2 (Mispricing) or Clause 6.2.4 (Delays outside our control).

4.1 Product prices. All prices are quoted in Hong Kong dollars (HKD). All prices quoted are exclusive of delivery fees (if applicable), which will be added to the total amount payable as set out on the relevant check-out page of our Website. The prices of the products are 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 advised to you are correct. However, it is always possible that, despite our reasonable efforts, some of the products listed on the Website 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 we are unable to contact you within seven (7) days from the date when we discover the error or if you do not inform us of the option that you have elected within seven (7) days from the date when we notify you of the error, your order will be treated as cancelled. If your order is cancelled, we will refund any amount you have paid as soon as possible.

4.3 Payment. We will charge you when you order. We only accept payment by credit card via our third-party payment provider, Global Payments Asia-Pacific Limited (d.b.a. Global Payments) (“Global Payments”), or such other third-party payment provider(s) as engaged by us. Your payment will be processed by Global Payments and not by us. We shall in no event be liable for any losses or damages of any kind suffered or incurred by you as a result of or in connection with the use by Global Payments of any of your personal information. You will be bound by Global Payments’ terms and conditions and privacy policy. We will only be informed of whether you have made the payment successfully, but will not have access to any personal information you provide to Global Payments.

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.

5.2 Some products are not for sale. Some of the products featured on the Website are displayed for promotional purposes only and may not be available for purchase through our Website.

5.3 Products are subject to availability. All orders are subject to stock availability. If a product that you have ordered is unexpectedly out of stock, pursuant to Clause 3.3, we will let you know as soon as possible, and refund any amount you have paid.

6.1 Delivery/ in-store pickup option. When placing your order, you have the option to either have the product(s) ordered delivered to your designated address or to collect the product(s) at our Heavy Duty Center.

6.2 Delivery

6.2.1 Delivery to you. The product(s) ordered by you will be delivered to you, at the address you have provided to us (“Delivery Address”), by our third-party logistics provider, Kerry Express (Hong Kong) Limited, or such other provider(s) as engaged by us (“3PL”). We only deliver to an address within Hong Kong. We do not deliver to P.O. box, Shenzhen Bay Port, Lok Ma Chau, Man Kam To, Sha Tau Kok, Lo Wu, Lok Ma Chau Spur Line, Hong Kong International Airport, Discovery Bay, Ma Wan, Chek Lap Kok, Hong Kong Disneyland, Ngong Ping 360, Cheung Chau, Lantau Island, Mui Wo, Tai O, Peng Chau or Lamma Island or construction site, parcel locker, parcel pick-up service address, other general delivery address. You shall ensure that the Delivery Address is accurate and complete. We shall in no event be liable for any losses or damages of any kind suffered or incurred by you as a result of or in connection with the inaccuracy or incompleteness of the Delivery Address. No delivery service will be available on Sunday, public holiday, or when typhoon warning signal no.8 or higher or black rainstorm warning signal is hoisted.

6.2.2 Delivery fees. You will enjoy free delivery upon a single net purchase of HKD1,500.00 or above. For any single net purchase of below HKD1,500.00, the delivery fee is HKD200.00 per order.

6.2.3 Delivery time. Delivery times vary depending on the location, ordering time, and product availability. We will make reasonable efforts to deliver the product(s) you ordered within the following estimated timeframe; however, we cannot guarantee the exact delivery time. Prior to the delivery, you will receive a phone call from the 3PL. You shall ensure that the contact number provided to us is accurate and complete. We shall in no event be liable for any losses or damages of any kind suffered or incurred by you as a result of or in connection with the inaccuracy or incompleteness of the contact number provided to us.

6.2.4 Delays outside our control. If the delivery is delayed by an event outside of our control, such as bad weather or traffic, we will contact you as soon as possible to let you know, and do what we can to reduce the delay. If the delay is likely to be substantial, you may contact us to cancel your order, and receive a refund of the amount you have paid, less reasonable costs we have already incurred. We shall in no event be liable for any losses or damages of any kind suffered or incurred by you as a result of or in connection with any delay.

6.2.5 Failure to take delivery. Unless you have indicated to us that we may leave the product(s) you ordered at the door, reception or management office, if you fail to take delivery of the product(s), we will arrange for the redelivery of the product(s). If you still fail to take delivery of the product(s), our contract with you shall be terminated, and you shall be liable for all the delivery fees and other fees (such as storage fees) incurred by us, all of which shall be deducted from the amount paid by you before any refund is processed.

6.2.6 Inspection. Upon taking delivery of the product(s), you shall immediately and carefully inspect them for any non-conformity, for instance, defective or wrong product(s). You shall notify us of any non-conformity promptly, and in no event more than seven (7) days from the date of receipt of the product(s).

6.2.7 Title and risks. The ownership of a product ordered by you will pass to you when it is delivered to the Delivery Address, or when we have received payment in full, whichever is later. A product ordered by you will be at your risk from the time when it is delivered to the Delivery Address.

6.3 In-store pickup

6.3.1 Availability of in-store pickup. In-store pickup service is available subject to the availability of the product(s) you ordered at the Heavy Duty Center where you would like to collect the product(s). You can verify the availability of the in-store pickup service for your order during the checkout process.

6.3.2 Pickup notification. An email notification (“Pickup Notification”) will be sent to you when the product(s) are ready for pickup. Under normal circumstances, you will receive the Pickup Notification within seven (7) working days after placing the order. You shall ensure that the email address provided to us is accurate and complete. We shall in no event be liable for any losses or damages of any kind suffered or incurred by you as a result of or in connection with the inaccuracy or incompleteness of the email address provided to us.

6.3.3 Pickup period. You shall collect all the product(s) in one go within one (1) month after receiving the Pickup Notification. If you fail to collect the product(s), our contract with you shall be terminated, and you shall be liable for an administrative fee in the amount of 50% of the total prices of all product(s) ordered, which shall be deducted from the amount paid by you before any refund is processed.

6.3.4 Pickup procedures. For verification purposes, when you collect your product(s), you are required to present the Pickup Notification, and provide your order number and contact number. You may designate a third party (“Authorized Person”) to collect your product(s). When the Authorized Person collects your product(s), the Authorized Person is required to present the Pickup Notification, and provide the order number and your contact number. The Authorized Person may be required to present his/her photo identification document for verification. We shall in no event be liable for any losses or damages of any kind suffered or incurred by you as a result of or in connection with the collection of your product(s) by the Authorized Person.

6.3.5 Inspection. When you or the Authorized Person collect the product(s), you or the Authorized Person shall immediately and carefully inspect them for any non-conformity, for instance, defective or wrong product(s). You or the Authorized Person shall promptly notify us of any non-conformity before acknowledging receipt of the product(s).

6.3.6 Title and risks. Upon your or the Authorized Person’s acknowledgment of receipt of the product(s), the ownership of and the risks of loss of or damage to the product(s) will pass to you.

7.1 No return or exchange. Save and except for the circumstances described in Clause 7.2, all products purchased through our Website 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 or wrong products. If you have notified us, in accordance with Clause 6.2.6 or Clause 6.3.5, that a product you have received or collected is incorrect or defective through no fault of your own, we will review and confirm whether the product delivered is indeed incorrect or defective through no fault of your own. Once confirmed, we will arrange for an exchange of the product, provided that the product is in a saleable condition, unused, undamaged, and in its original packaging.

7.3 Refund. Refund will only be made in accordance with Clause 3.3, Clause 3.4, Clause 4.2, Clause 5.3, Clause 6.2.4, Clause 6.3.3 and/or Clause 6.5. 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 by way of bank transfer. We will contact you to obtain your bank account details for the refund. You shall ensure that the bank account details are accurate and complete. We shall in no event be liable for any losses or damages of any kind suffered or incurred by you as a result of or in connection with the inaccuracy or incompleteness of the bank account details. 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 through our Website are 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.

8.3 Losses in respect of payment platform and delivery. Pursuant to Clause 4.3, Clause 6.2.1, Clause 6.2.3, Clause 6.3.2, Clause 7.3, Clause 6.2.4, and Clause 6.3.4, we shall not be responsible for any losses or damages of any kind suffered or incurred by you as a result of or in connection with the use by Global Payments of any of your personal information, the inaccuracy or incompleteness of the Delivery Address, the contact number, the email address, and the bank account details provided to us, any delay in delivery, and the collection of your product(s) by the Authorized Person, respectively.

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

10.1 Amendments. 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).

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, Terms and Conditions of Use and Warranty Terms and Conditions, set out the entire agreement between you and us with respect to the purchase of our product(s) through our Website.

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.