| 1. |
Basis of the Auction |
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1.1 |
By accepting these terms and conditions, you hereby:- |
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1.1.1 |
warrant and represent that you are resident in the Hong Kong SAR and that at the time of making your bid you are not situate in any jurisdiction in which auctions are illegal; |
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1.1.2 |
warrant and represent that you are either a privileged member or club member of Club Canon; |
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1.1.3 |
warrant and represent that you are over 18 years of age and that you are fully capable of forming a legally binding contract for the sale and purchase of goods under the laws of the Hong Kong SAR; |
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1.1.4 |
warrant and represent that you have not been successful in any Auction on our website within a period of six months prior to your acceptance of these terms and conditions; and |
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1.1.5 |
agree and undertake that all information provided by you to us will be accurate and complete in all respects and not misleading in any respect (including, without limitation, details of your correct name, address, Hong Kong identity card, e-mail address, credit card number and details, and other requested details). |
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| 2. |
Auction Rules |
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2.1 |
We may at all times:- |
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2.1.1 |
select the goods that will be offered in the Auction as the Auctioned Goods; |
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2.1.2 |
select the minimum bid that must be placed by participants in the Auction as a pre-condition to the commencement of the Auction; |
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2.1.3 |
select the time and date on which any Auction will commence and terminate; and |
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2.1.4 |
specify the amount which you are required to pay to Canon as a condition to submitting your first bid and participating in an Auction (which amount will be donated in full by Canon to charity), as specified in Clause 3 below. |
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2.2 |
All Auctions will be governed by these terms and conditions and any rules for any Auction published by us on our website (the “Auction Rules”). If these terms and conditions conflict with the provisions of any Auction Rules, the provisions of these terms and conditions shall prevail. |
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2.3 |
By accepting these terms and conditions, you authorize us, in consideration for granting you the right to participate in the Auction, to deduct the number of points from your “Club Canon Member Account” specified in the Auction Rules and to charge payments to your credit card in accordance with these terms and conditions. |
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2.4 |
By placing a bid in an Auction, you: |
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2.4.1 |
will be required to submit all information requested in the bid form including:-
(i) details of a valid credit card (either Visa or Mastercard) issued in your name (your “Credit Card”); and
(ii) such other information as we may request,
and then click the button marked “SUBMIT” to indicate that you wish to submit your bid. This will be your offer to purchase the Auctioned Goods (your “Offer”); |
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2.4.2 |
warrant, represent and irrevocably undertake that you will participate in the Auction using only one e-mail address and that you will not participate in the Auction directly or indirectly by using a second e-mail account, an alias or a third party; |
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2.4.3 |
warrant and represent to us that we are entitled to rely on your bid as an offer to purchase the Auctioned Goods at the price set out in your bid subject to these terms and conditions; |
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2.4.4 |
irrevocably undertake that you will not retract a bid in an Auction once it has been placed by you; and |
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2.4.5 |
acknowledge and agree that if you have placed the highest bid in the Auction or are otherwise informed by us that you were successful in the Auction, we shall be entitled to accept your Offer and you will be obliged to pay the purchase price for the Auctioned Goods (being the price set out in your bid) in accordance with Clause 4 of these terms and conditions. |
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2.5 |
We shall not be responsible or liable for errors of description or for any misstatement as to any manner affecting the Auction or the Auctioned Goods, and all our warranties and representations in respect of the Auctioned Goods shall only take effect on and from the date on which a concluded contract for the sale and purchase of the Auctioned Goods is agreed between us and you pursuant to these terms and conditions. |
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2.6 |
We do not warrant or guarantee continuous, uninterrupted or secure access to the auction web-site or Auctions and the operation of the web-site may be interfered with by factors outside our control. Subject to any rights you may have as a consumer, the web-site and the Auctions are provided “as is” and we exclude any liability due to you being unable to access the web-site, submit or post a bid or complete an Auction. |
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2.7 |
We reserve the right, for any reason whatsoever at any time prior to sending you an Order Acceptance under Clause 4.1, to:-. |
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2.7.1 |
replace any goods advertised as the Auctioned Goods; or |
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2.7.2 |
cancel any Auction. |
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2.8 |
Any dispute arising out of or in connection with your participation in Auctions (including, without limitation, any dispute concerning whether any bid has been validly placed in an Auction or concerning the identity of participants whom we consider were successful in an Auction) shall be determined by us in our sole discretion. |
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2.9 |
Your acceptance of these terms and conditions acts as your release of us from any liability for any claims, losses, costs and damages (both direct and indirect, including any loss of profits, and also all consequential losses) arising out of or in connection with your participation in the Auction or use of our website, and all such liability is excluded to the fullest extent permissible by applicable laws and regulations. Notwithstanding the foregoing, nothing in these terms and conditions limits any of your rights and remedies as a consumer under applicable laws or regulations and that may not be excluded. |
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| 3. |
Charitable Donations |
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3.1 |
As a condition to submitting a bid and participating in an Auction, you are required to pay to us the sum of HK$10.00, which sum will be donated in full by Canon to Medecins Sans Frontieres Hong Kong (or such other charity as Canon may determine from time to time and as may be specified on the Auction website). |
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3.2 |
You will not be able to increase your bid unless and until the payment to Medecins Sans Frontieres Hong Kong (or such other charity as Canon may determine) under Clause 3.1 has been processed. |
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3.3 |
By placing a bid in an Auction, you authorize us:- |
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3.3.1 |
to charge HK$10.00 to your Credit Card immediately after you have submitted the bid, which amount shall be non-refundable regardless of whether or not your bid is successful in the Auction; and |
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3.3.2 |
in the event that your bid is successful in the Auction, to charge the purchase price of the Auctioned Goods to your Credit Card at any time after the Auction has closed and we have sent you an Order Acceptance in accordance with Clause 4.1, as is more particularly described in Clause 4.2. |
| 4. |
Successful Bids: Order Acceptance |
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4.1 |
If your bid is successful in the Auction, we will send you an email notification confirming that we have accepted your Offer to purchase the Auctioned Goods (the“Order Acceptance”). The Order Acceptance will contain a link to our on-line order service through which you will be required to process the electronic payment. Upon clicking on the link, you will be directed to our on-line order form which you will be required to complete with the relevant information (including name, Hong Kong identity card number, payment method, credit card details and such other information as we may request), and then click the button marked “SUBMIT”. |
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4.2 |
Notwithstanding the provisions of Clause 4.1, if you do not effect payment through our on-line order service in accordance with Clause 4.1 within 5 business days of receiving the Order Acceptance, we shall be entitled to charge the purchase price of the Auctioned Goods (being the price set out in your bid) to your Credit Card (the details of which you provided to us at the time of submitting your bid). |
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4.3 |
Notwithstanding any other provision of these terms and conditions, a legally binding contract between us for the sale of the Auctioned Goods (the“Contract”) will not be formed unless and until you have received our Order Acceptance in respect of such Auctioned Goods. |
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4.4 |
You shall be responsible to us for ensuring the accuracy of the terms of any Offer submitted by you, and for giving us any necessary information relating to the Auctioned Goods within a sufficient time to enable us to perform the Contract in accordance with its terms. |
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4.5 |
The quantity, quality and description of and any specification for the Auctioned Goods shall be those set out in the Order Acceptance. |
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| 5. |
Payment |
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5.1 |
Payment shall be made following Order Acceptance in accordance with Clause 4 using the following accepted credit cards: Mastercard or Visa. |
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5.2 |
The purchase price of the Auctioned Goods (the“Price”) shall be the price set out in your bid, as confirmed in the Order Acceptance. If you fail to pay the Price in accordance with Clause 4, the Contract will be terminated and you will lose your entitlement to purchase the Auctioned Goods, and we shall have no further obligation or liability to you whatsoever. |
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| 6. |
Risk and Property |
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6.1 |