TERMS AND CONDITIONS
These are the terms and conditions (“Terms”) on which we supply products to you, whether these are products, services or digital content. These Terms apply to all users of the MINGBAN MART website accessible at mingban.com.hk (the "Website").
INFORMATION ABOUT US AND HOW TO CONTACT US
The Website is operated by MINGBAN MART ("MINGBAN", "we", "us", "our"), a company incorporated and existing under the laws of Hong Kong whose registered office is at No. 2 Yick Yuen Tsuen, Tuen Mun, Hong Kong.
In the event that you have any questions or would like to get in touch with us, please contact us.
Order requests. Once you placed an order request through our Website, it will be sent to us so that we can confirm our acceptance. Our acceptance of your order request will take place when we email you to accept it and thank you for your order, at which point a contract will come into existence between you and us.
If we cannot accept your order request. If we are unable to accept your order request, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery date request you have specified.
For individual customers only. You represent and warrant that you place orders on our Website for your own private use only and not for re-sale or leasing purposes. To the extent that we make our products available to you at a discount to our normal listed prices, you acknowledge (a) that such discounted prices are offered solely in reliance upon your representation and warranty set out above; and (b) that a breach of such undertaking by you will result in loss and damage to us (including, without limitation, loss of business and profits, which you accept would be direct and foreseeable losses arising from any breach of such undertaking). Accordingly, in the event that you re-sell or on-lease the products (or any part of them) to any third party then (i) we may terminate this contract forthwith; and (ii) upon our demand, you shall pay to us, as and by way of liquidated damages for such breach, a sum equal to the difference in the price paid by you for the relevant products under our contract and the price on our then current list price for such products. You acknowledge and agree that such liquidated damages represent a pre-estimate of the loss and damage which we are likely to suffer as a result of such breach.
We only sell to Hong Kong. Our Website is solely for the promotion and sale of our products in Hong Kong. At this point in time, we do not accept orders from or make delivery to locations outside Hong Kong unless otherwise agreed in writing by both parties. Once we are ready to accept orders from outside of Hong Kong, we will inform our customers by making an announcement on our Website.
Images for reference only. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Although we have made reasonable efforts to be accurate, the product that we deliver to you may vary from the images on the Website.
Making sure your measurements are accurate. Some of our products may be made-to-order or may require you to choose a specific size. If we are making the product available to measurements you have given us, you are responsible for ensuring that these measurements are correct and accurate.
Our right to make minor changes to products. We may make changes to products available on our Website:-
(a) to reflect changes in relevant laws and regulatory requirements (for example health and safety requirements in Hong Kong and elsewhere);
(b) to implement minor technical adjustments and improvements, for example to improve the functionality of our products.
These changes may affect your use of our products, which we will endeavour to tell you about in advance.
Significant changes to the products and these Terms. As stated in the product descriptions on our Website, we may make other changes to the Product, which may be significant. If we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
Delivery costs. Unless we agree to different delivery fees, the costs of delivery will be as follows:-
Net Purchase Amount
HK$300 or above
SF Receiver Pay
Please note that we currently use SF Express and other couriers for delivery.
When we will deliver the products. In the event that we accept your order request, we will provide you with an estimated time frame for delivery of the products to you. Unless we agree a different time frame with you in which to make delivery.
Typically, your order will be delivered within 3 to 5 days once the products are ready for delivery.
We are not responsible for delays outside our control. In the event that our supply of products is delayed by an event outside our control (for example, when a tropical cyclone signal no. 8 or above or a black rainstorm warning signal is issued) then we will contact you as soon as practicable to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
If you are not present when the products are delivered. In the event that no one is available at your address to take delivery and the products cannot be posted through your letterbox, we (or our delivery partner) will follow the standard procedure applicable in the event that a product cannot be delivered. If you are not present during one of our delivery attempts, there will be no refund of delivery fees and additional fees in line with Clause 5.1 may apply.
If you do not collect or re-arrange delivery. If, despite our (or our delivery partner’s) reasonable efforts, we are unable to contact you for delivery or if, after a failed delivery to you, you do not re-arrange delivery or collect from a delivery depot we may terminate our contract with you and Clause 9.2 will apply.
When you become responsible for the goods. A product ordered from us will be your responsibility from the time we deliver the product to the address you gave us. You will own a product once we have received payment in full.
Rescheduling delivery. If you would like to reschedule your delivery date, please let us know 3 business days in advance. Please contact us if you would like to reschedule your delivery. Please note that you may not change the delivery address or time on the date of delivery.
Reasons we may suspend or delay the supply of products to you. We may have to suspend or delay the supply of a product to you if:-
(a) you fail to make payment to us for a product;
(b) if we suspect any order or transaction to be fraudulent or suspicious;
(c) if we choose to deal with technical problems or make minor technical changes; or
(d) if we choose to update the product to reflect changes in relevant laws and regulatory requirements.
Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. In the event that we have to suspend the product for longer than 30 days you may contact us to end the contract for a product if we suspend it, and we will refund any sums you have paid in advance for the product.
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:-
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your name or delivery address; or
(c) you do not, within a reasonable time, allow us (or our delivery partner) to deliver the products to you.
You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
PRICE AND PAYMENT
Price for the product. The price of the product will be the price indicated on the order pages when you placed your order request. We take all reasonable care to ensure that the price of the product advised to you is correct.
When you must pay and how you must pay. You must make payment for products prior to us dispatching them to you. We accept payment with Visa, MasterCard and American Express. You hereby agree that we are not responsible for any loss or damage arising from submission of false or inaccurate information.
What to do if you think an invoice is wrong. In the event that you think an invoice provided by us is wrong please contact us.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Liability capped. Subject to the remaining terms of this contract and any applicable laws, our total liability shall not exceed the total price paid for the purchase of products and/or services under these Terms.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
PRIVACY AND COOKIES
If you establish an account on our Website. Please note that you are responsible for maintaining the confidentiality of your account name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You should contact us immediately if you have any reason to believe that your password has become known to anyone else or if the password is being used in an unauthorized manner. You may not assign or otherwise transfer your account to any other person or entity.
Any and all intellectual property rights (including, but not limited to, any trade marks, trade names, domain names, rights in designs, rights in computer software and databases), in each case whether registered or unregistered, subsisting in the Website belong to us or have been lawfully licensed to us for use on the Website.
No publication of intellectual property rights. Except with our express permission, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or create derivative works with respect thereto, as the Website is copyrighted under applicable laws.
OTHER IMPORTANT TERMS
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. Unless otherwise set out in these Terms, no other person shall have any rights to enforce any of its terms, under the Contracts (Rights of Third Parties) Ordinance (Cap. 623, the laws of Hong Kong) or otherwise.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which language shall prevail. These Terms are drafted in English and Chinese. If there is a conflict between the English and the Chinese version of these Terms then, to the extent permitted under applicable law, the English version shall prevail.
Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by Hong Kong law and you can bring legal proceedings in respect of the products and services in the courts of Hong Kong.