Terms and Conditions
The following Terms and Conditions apply to sales made in gearsuggest.com only. Terms and Conditions for sales through other channels may differ.
In these Terms and Conditions, the following words and phrases shall have the following meanings:
‘Buyer’ means the person, firm or company who purchases the goods from gearsuggest.com
‘Company’ means Fotobeginner Limited
‘Contract’ means the contract between the Company and the Buyer which shall incorporate these Terms and Conditions
‘Goods’ means any goods agreed in the accepted order form to be supplied by the Company to the Buyer
‘Place of Delivery’ means the place to which the goods are to be delivered
The terms ‘We’, ‘Company’, ‘Gearsuggest by Fotobeginner.com’, ‘Fotobeginner.com’, ‘Fotobeginner’, ‘Gearsuggest’, ‘The Website’, and ‘GearSuggest.com’ may be interchangeable in this document. They all mean Fotobeginner Limited.
In these Terms and Conditions, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
Defective goods can be returned in its original condition with all accessories, packing, instructions and any other items included with it at time of sale (including free gifts). You must take reasonable care of the goods and return them in its original and undamaged condition.
Gift cards, personalised and custom made items cannot be returned.
3. The contract
The contract shall be based on these Terms and Conditions to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the buyer.
By purchasing a product through the site, you agree that such purchase and the import of such product complies with the laws of the country to which you have requested GearSuggest to ship the product, and agree that you will be considered the sole “Importer” of the product to your country for all purposes, including customs regulations and copyright and trademark laws. You acknowledge and agree that GearSuggest’s role is limited to procuring products available in Hong Kong and other regions and making these products available through the site to you for purchase in Hong Kong and for your import to your country. In no event will GearSuggest be a party to the import of such products nor will it be responsible for any liability arising under the laws of any country other than Hong Kong Special Administrative Region for the import and sale of products available on the site, including without limitation customs regulations and customs holds, detentions and seizures and copyright and trademark laws.
No terms and conditions contained in the confirmation of order, purchase order or other document of the buyer will form part of the contract.
When you place an order to purchase a product from GearSuggest, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents the purchase of a product which is accepted by us when we send e-mail confirmation of a dispatched product (the “Dispatch Confirmation E-mail”). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail do not form part of that contract.
4. Pricing and availability
We list availability information for products sold by us on the website, and on each product information page. Beyond what we say on that page or on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
We cannot confirm the price of an item until you order.
Despite our best efforts, a small number of the thousands of products in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
The price for the goods shall, unless otherwise agreed, be the price set out on the dispatch confirmation. The price for the goods quoted on the website shall be exclusive of all costs of carriage and insurance and applicable import Tax/VAT/GST and duty which the buyer shall pay in addition. Shipping and insurance costs are calculated at checkout. For some countries, the price for the goods quoted on the website includes a Import Handling Charge. If such charge is included in the price quoted, we’ll 1) display a notice when you mouse over the price as well as on the basket/cart page notifying you the amount of Import Handling Charge included, and 2) have courier company bill any import tax, duty and clearance charges to our account up to 200% (Say “Two Hundred Percent”) of the amount of the Import Handling Fee paid.
Any dates specified by GearSuggest for delivery of the goods are intended to be an estimate only. If no date is specified for delivery of the goods, delivery shall be within a reasonable time.
Subject to the other provisions of these Terms and Conditions, GearSuggest shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the goods. Nor will any delay entitle the buyer to terminate or rescind the contract unless the delay exceeds 60 days.
6. Risk and ownership of the goods
All items purchased from GearSuggest are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Ownership of the goods shall not pass to the buyer until GearSuggest has received full, cleared funds of the sum due to GearSuggest for purchased goods, and all other sums which are or may become due to GearSuggest from the buyer on any account.
Until ownership of the goods have passed to the buyer, the buyer shall:
– hold the goods on a fiduciary basis as the Company’s bailee;
– store the goods separately from all other goods in such a way that they remain identifiable as the Company’s property;
– not destroy or deface any identifying marks on the goods or packaging;
– keep the goods in satisfactory condition, as noted on the Company’s policy, and hold any proceeds that may come from the Company’s insurance in trust and not mix them with any other money
Payment of the goods shall be due at the time the Order Confirmation Email is sent. Invoices with payment overdue by 7 days or longer may be cancelled by GearSuggest.
Payment shall not be deemed to have taken place until the receipt from the Company has been issued.
By purchasing a product through the Site, customers outside of Hong Kong authorise GearSuggest Limited to make arrangements for clearance of customs on their behalf for the products they have ordered.
When ordering goods from GearSuggest, overseas deliveries may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you, unless an Import Handling Charge is included in the price of the goods. Customs policies vary widely from country to country, so you should contact your local Customs officer for further information. Additionally, please note that when ordering from GearSuggest Limited, you are considered the sole importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Unless in the case where the goods come with their own international or worldwide warranty or stated clearly otherwise, all goods sold by GearSuggest on the website carry a 12 Month GearSuggest Warranty.
If the buyer wishes to make a claim under this warranty, the buyer shall give written notice to GearSuggest within 30 days of the discovery of the defect and give GearSuggest reasonable opportunity to inspect the goods in question.
GearSuggest shall not be liable for any damage if the buyer makes any further use of the goods after giving notice, or if they alter or repair the goods without permission from GearSuggest.
GearSuggest’s liability under the warranty shall be limited to repairing or replacing the goods in question, or refunding the price of such goods.
Please refer to Terms of Warranty for more details.
10. Product Descriptions
GearSuggest attempts to be as accurate as possible. However, GearSuggest does not warrant that product descriptions or other content of this site is accurate, complete, current, or error-free. If a product offered by GearSuggest is not as described, your sole remedy is to return it in unused condition.
GearSuggest does not sell products to persons under the age of 18, although we do sell children’s products for purchase by adults. If you are under 18, you may use GearSuggest only with the involvement of a parent or guardian.
12. Electronic communications
When you visit GearSuggest or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Losses and Limitation of Liability
The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the total value of the goods delivered under the terms and GearSuggest shall, under no circumstances, be liable to the buyer for any consequential, indirect or economic loss or damages.
14. Alteration of Service or Amendments to the Conditions
15. Events beyond our reasonable control (Force Majeure)
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If either party is subject to an event of Force Majeure, that is circumstances outside of reasonable control (including, but not limited to war, fire, industrial disputes or civil commotion) the other party must be notified and the first party’s obligations under these Terms shall be suspended until the other party is notified that such an event has ended.
If you breach these conditions and we take no action, we will still be entitled to use our rights in any other situation where you breach these conditions.
17. Governing law and jurisdiction
If any part of these Terms and Conditions is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms and Conditions. They will otherwise remain in full force and effect.
These Terms and Conditions shall be governed by and interpreted according to Hong Kong SAR Law and the parties submit to the exclusive jurisdiction of the Hong Kong SAR Courts.