Terms of Service
DEFINITIONS
- "Business Customer" means a customer who is not a Consumer.
- "Consumer" means an individual who is not acting for the purposes of his or her business or profession.
- "RADHK" means RAD Hong Kong also referred to as "we" or "us" in these terms and conditions.
- "Catalogue" means the catalogue of products and services offered by the Royal Academy of Dance Limited.
- "Force Majeure" means any cause affecting the performance by RADHK of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
- "Normal Working Hours" means 9 am to 5 pm on a Working Day.
- "Working days" means Monday to Friday, excluding Bank or other Public holidays.
ORDERS
- All contracts of sale made by RADHK shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom RADHK is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.
- All orders are subject to acceptance and to availability of the goods ordered: RADHK is entitled to refuse any order placed by you.
- You undertake that:
- all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
- the credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
- Please note, RADHK may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
PRICES
RADHK reserves the right to modify the prices from time to time.
DELIVERY, TITLE AND RISK
- RADHK shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
- In the case of a Business Customer, if RADHK is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to RADHK in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to RADHK after the above date but before delivery of the goods or notification from RADHK that the goods are ready for delivery.
- In the case of Business Customers, RADHK does not accept liability for shortages or damage to deliveries unless the Customer notifies RADHK of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
- Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
- Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
- Title in the goods does not pass to the Customer until payment is received in full by RADHK.
- If the Customer cannot accept delivery, RADHK may at its option: (a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that RADHK may charge the Customer for the additional delivery costs incurred.
- The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and RADHK shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
- Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. RADHK shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
- All orders must be placed online. Upon check out you can choose either door-to-door courier delivery service at HKD40.
PAYMENT
- Payment is due before shipment.
- Payment can be made by credit or debit card. Details of which will be provided upon confirmation of your order.
PRODUCT SPECIFICATIONS
- RADHK makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
- If RADHK cannot supply the goods ordered by the Customer, RADHK reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to RADHK in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
TRADE NAMES AND TRADE MARKS
- Trade names and marks (other than the RAD Hong Kong) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
- The ROYAL ACADEMY OF DANCE used and displayed in this Site is a registered Trade Mark of the Royal Academy of Dance. The use or misuse of the Trade Mark or any other content on this Site, without written permission from the Royal Academy of Dance and RAD Hong Kong is strictly prohibited.
Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark, without written permission from the Royal Academy of Dance and RAD Hong Kong The Trade Mark may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission.
The Royal Academy of Dance and RAD Hong Kong prohibits use of the Trade Mark as a 'hot' link to the site unless establishment of such a link is approved in advance by the Royal Academy of Dance and RAD Hong Kong in writing.
RADE'S LIABILITY
- In its dealings with Business Customers, RADHK shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). RADHK's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
- Nothing in this agreement shall limit RADHK's liability for death or personal injury caused by its negligence.
HEALTH AND SAFETY
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RADHK confirms that the goods it supplies as a distributor do not present a hazard to health and safety
- when properly used for the purpose for which they are designed; and
- if the Customer takes reasonable and normal precautions in their use.
FORCE MAJEURE
Where, in spite of its reasonable efforts, RADHK is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.
GENERAL
- Nothing in these terms and conditions affects your statutory rights as a Consumer.
- If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
- Any waiver of a breach of this Agreement must be in writing.
- Any variation of this Agreement must be in writing and signed by a duly authorised RADHK official.
- The headings are for convenience only and shall not affect the interpretation of this Agreement.
- Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party.
- These terms and conditions shall be governed by and construed in accordance with the laws of Hong Kong and the parties submit to the non-exclusive jurisdiction of the courts of Hong Kong.
- RADHK may at its discretion record telephone transactions for staff training and quality control purposes