THIS WEBSITE IS DIRECTED AT AND ONLY MEANT TO BE USED BY YOU FOR THE PURPOSE OF ACCESSING AND USING THE ONLINE SERVICES PROVIDED. THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THIS WEBSITE AND BY ACCESSING THIS WEBSITE AND USING THE ONLINE SERVICES YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS DO NOT ACCESS OR USE THIS WEBSITE AND THE ONLINE SERVICES PROVIDED.
TERMS & CONDITIONS
The terms and conditions set out below, and all other terms, conditions, notices, policies, guidelines, and any other such document as notified by Three Dogs Studio Limited (the "Organiser") on this website (the "Site") form the terms & conditions which govern all aspects of the relationship between you and the Organiser in relation to your use of the Site.
Unless otherwise stated Organiser acts as an agent for the Seller. Any concluded contract of sale is made directly between the Buyer and the Seller.
The Organiser is dependent on the Seller for the factual information relating to Property listed for sale on the Site. The Organiser does not undertake full due diligence on the Property listed for sale. Buyers are responsible for carrying out their own investigations to satisfy themselves as to the nature of the Property they are interested in buying.
Buyers are responsible for checking that there are no security interests registered against the Property. The Organiser accepts no responsibility and advises Buyers to seek legal advice and valuation of the Property from professional valuer.
The Seller may accept the highest Bid within 3 working days from the expiry of the Sale Period.
1 Definitions:
a) “Bid” means an offer notified on-line to the Organiser using a Registered User's Login.
b) "Buyer" or “you” means you and all other persons who bid for or purchase the Property under your Login.
c) “Sale Price” means the amount of the final Bid accepted by the Organiser, or the Seller, for the Property .
d) “said Terms” means the terms and conditions contained herein and includes those terms and conditions expressly set out below and those incorporated by reference.
e) "Intellectual Property" means all intellectual property rights of whatsoever nature, including (but not by way of limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means.
f) "Login" means a Registered User's personal password and access to the Site under that Registered User's personal password.
g) “Minor” means a person under the age of 18 years.
h) “Property” means all items given to the Organiser and which the Organiser has agreed to sell as agent for the Seller or any one of them.
i) “Registered User” means a person who has completed registration process on the Site, and who has been accepted by the Organiser for registration, and who has been provided with a User's Login and password.
j) “Sale Period” is the time from when Bids may be submitted for a Property until 28th May, 2009.
k) “Seller” means the person who gives Property for sale on the Site, and on whose Property Buyer may make a bid to purchase. For the avoidance of doubt, the Organiser is not the seller.
l) “Site” means this website that is operated by the Organiser and is the medium by which the Buyer notify his or her Bids to the Organiser in respect of the Property.
m) “Your Information” means all information supplied by a Registered User during the registration process.
Access to the Site
2.1 The following describes the terms on which the Organiser offers you to access to the Site.
2.2 Copyright in the Site belongs to the Organiser and this includes all Intellectual Property.
2.3 The said Terms govern your use of this Site and sets forth the entire understanding and agreement between you and the Organiser.
2.4 By using this Site you agree to accept all the said Terms.
2.5 You must read, agree with and accept the said Terms contained herein, which include the terms and conditions expressly set out herein, and those incorporated by reference, before you may become a Registered User of the Site.
2.6 The said Terms may be changed by the Organiser at any time. Any changes to the said Terms will be effective immediately upon posting on the Site. You are responsible for reviewing any changes, which may be posted without notice to you. Your continued use of the Site after the Organiser's posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to the said Terms, you should not continue to use this Site.
2.7 You agree not to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. Your activities on the Site must not input or transfer any viruses or other computer programming that may damage, interfere with, intercept or expropriate any system, data or personal information. The Organiser may, in its sole discretion, change some or all of the Site at any time. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party and you are solely responsible for any use of or action taken under your password on the Site. The Organiser does not guarantee continuous maintenance of the Site.
Registration
3.1 Only Registered Users are allowed to bid for Property. If you wish to bid, you must first register with the Organiser by completing the online registration form.
3.2 The Organiser has the absolute discretion to refuse the registration of any person for any reason whatsoever.
3.3 The Organiser has the absolute discretion to disable or terminate the registration of any Registered Users for any reason whatsoever.
3.4 A Registered User is bound by the Bid made under his or her Login and agrees to indemnify the Organiser for all claims, damages whatsoever made by any third party arising from the actions of a person placing Bids for Property using the Registered User’s Login.
Exclusion of Liability
4.1 The Organiser makes no representations or warranties of any kind whatsoever with respect to any Property shown on the Site including :-
a) implied warranties or merchantability, fitness of the Property for a particular purpose and title;
b) any implied warranty arising from course of dealing or usage of trade.
4.2 The Organiser excludes any liability whatsoever for any consequential, indirect or special damage or loss of any kind whatsoever that you may suffer as a consequence of being a user of the Site nor will the Organiser be liable for any damage or loss caused by your servants, agents, or other persons whatsoever whether or not arising from the negligence of the Organiser or otherwise.
4.3 The Organiser will not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
4.4 The Organiser excludes any liability whatsoever for any loss, damage or injury arising directly or indirectly from any defect in the Property or any other breach of the Organiser's obligations hereunder.
4.5 The Organiser does not provide any warranty whatsoever as to the authenticity or accuracy of description of the Property. Description, illustrations and images of the Property on the Site are for convenience only and you shall not rely upon any of them. You should satisfy yourselves prior to any bidding or purchase as to the authenticity and condition of the Property and should exercise and rely on your own judgment as to whether the Property complies with the description. None of the Seller, the Organiser, its servants or agents are responsible for errors of descriptions of any Property. No warranty whatsoever is given by the Organiser or the Seller, their servants or agents to you in respect of any Property and any express or implied conditions or warranties are hereby excluded.
4.6 The transaction in respect of the Property on the Site is not an auction and the Organiser shall not be treated as an auctioneer
Indemnity
5. You agree to indemnify and hold the Organiser and its servants and agents harmless from any claim or demand by any third party due to or arising out of your breach of the said Terms.
No responsibility
6. The Organiser acts as an agent for the Seller and is not responsible for any default by the Seller.
Contract for purchase and payment
7.1 The Organiser has absolute discretion without giving any reason to refuse any Bid, to withdraw any Property from sale, terminate any bidding and to show the Property for sale again. The Organiser will be liable to you by reason of the Organiser refusing any Bid; withdrawing any Property before the expiry of the Sale Period. If there are identical Bids, the first Bid received by the Organiser will take priority.
7.2 Bids are not retractable unless allowed at the sole discretion of the Organiser.
7.3 A Bid is accepted, when the Organiser determines, at the Organiser's sole discretion, who is the successful Bidder, the successful Bidder will be notified promptly, and thereupon the contract for sale and purchase is completed between the Seller and the Buyer.
7.4 If there is a dispute between potential purchasers, the Organiser may decide at its sole discretion whose bid is to be accepted.
7.5 By Bidding on the Property, you agree to be bound by the conditions of sale, if any, included in the Property's description.
7.6 By placing a Bid, you irrevocably agree to pay the Sale Price for the Property if your bid is accepted.
7.7 Payment methods:
a) By Crossed Cheque (made payable to "Oxfam Hong Kong" and write "Clogs auction" on the back) and mail to the Organsier at UG/F 24 Caine Road, Mid-Levels, Hong Kong; or
b) By Bank Transfer to the following bank account (please send the original receipt to the Organiser at UG/F 24 Caine Road, Mid-Levels, Hong Kong)
Bank Account for remittance to Oxfam Hong Kong
Banker Name: The Hong Kong & Shanghai Banking Corporation Ltd
Banker Address: 1 Queen's Road, Central, Hong Kong
Bank Swift Code: HSBCHKHHHKH
Account Name: Oxfam Hong Kong
Account No. : 001-537000-001
Currency: HKD
c) Remarks :
(i) Please mark your bidder name (same as the auction registration record) and clogs number on the back of cheque/ATM receipt/Wire Transfer receipt
(ii) Oxfam Hong Kong will mail "Not for tax-deductible receipt" to successful bidders within 3 weeks after passing money from the Organiser to Oxfam Hong Kong.
7.8 If your bid for the Property is accepted, you will be liable to pay immediately the Sale Price for such Property.
Delivery
8.1 Upon payment of the Sale Price, the Organiser will arrange for delivery of the Property to the Buyer if the delivery address of the Buyer is within the Special Administration Region of Hong Kong. If the delivery address of the Buyer is outside the Special Administration Region of Hong Kong the cost for delivery shall be borne by the Buyer.
8.2 Neither the Organiser nor the Seller is responsible for the acts or omissions of carriers of purchased Property. Delivery of purchased Property is at the entire risk of the Buyer.
8.3 The Organiser is not liable for failure or delay in delivery of the Property.
8.4 Risk and title in the purchased Property sold passes to the Buyer upon the Buyer's payment of the Sale Price.
Remedies
9. If the Sale Price on any Property is not paid for in full, or if there is any other breach of the said Terms, as agent of the Seller the Organiser may, at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights and remedies:
a) to proceed against the Buyer for damages for breach of contract;
b) to rescind the sale.
Return of Property
10.1 Any Property which proves to be not complying with the description may be returned by the Buyer to the Organiser within fourteen (14) days after delivery. The Organiser may, in its sole discretion, determine whether the sale should be set aside and if the Organiser determines that the sale should be set aside, any amount paid in respect of the Property will be refunded to the Buyer.
10.2 A Buyer's claim under this clause will be limited to any amount paid in respect of the Property and will not extend to any loss or damage suffered or expense incurred by the Buyer (including but not limited to expenses incurred for delivery of the Property).
10.3 The benefit of this clause is not assignable.
Registration
11. You may not register under a false name.. You may not make Bids under a false name, impersonate any person, or use another Registered User's password.
Personal information
12.1 You shall authorise the Organiser to collect, retain and use your personal information for the purposes of :-
a) undertaking any dealings or transactions with you;
b) enforcing any legal or other rights that the Organiser may have against you in any manner that the Organiser sees fit;
c) making such disclosures as the Organiser may require for any of the above purposes;
d) notifying you of future activities and promotion of other cultural or charitable activities.
12.2 If sufficient personal information is not supplied, or is not satisfactory to the Organiser, his/her application for registration as Registered User may not be accepted.
12.3 Any personal information supplied by him/her will be retained by the Organiser and will be accessible by the Organiser's employees and other persons or body corporate engaged by the Organiser for or in relation to any of the purposes listed herein.
Rights and force majeure
13.1 If any provision of the said Terms is held to be invalid or unenforceable, the remaining provisions shall be enforced.
13.2 The Organiser's failure to exercise or forbearance from exercising any rights or remedies or failure to enforce or forbearance from enforcing the strict performance of any of the said Terms will not constitute a waiver of the Organiser's right to exercise such rights or remedies or enforce such provisions or any other provisions of the said Terms.
13.3 Force majeure: if the performance by the Organiser of its obligations under the said Terms is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, delay in transit, electricity or communications failures, or other causes whatsoever, whether similar to the foregoing or not, beyond the reasonable control of the Organiser), the Organiser shall be excused from such performance to the extent of such prevention.
Notice
14. Except as explicitly stated otherwise, any notice will be given by the Organiser to the email address you provide to the Organiser during the registration process. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
Governing law
15.1 The said Terms are governed by and construed in accordance with the law of the Hong Kong Special Administrative Region. All transactions made hereunder and all matters connected therewith are governed by the law of the Hong Kong Special Administrative Region. By accessing or using this Site, you will be deemed to have consented to submit to the exclusive jurisdiction of the Courts of the Hong Kong Special Administrative Region with respect to any claim, action or proceeding arising out of or in connection with the Site, any transaction conducted on or through the Site and the said Terms.
15.2 If your bid is accepted, the place where the contract for the purchase is made is deemed to be the Hong Kong Special Administrative Region.
Release
16.1 Because the Organiser is not responsible for the guarantees, if any, provided by the Seller or the descriptions of the Property provided by the Seller, if a dispute arises regarding the Property or its description, you release the Organiser (and each of their directors, officers, agents and employees) from any claims, demands damages (whether direct, indirect, incidental or consequential) of every kind whatsoever arising out of or in any way connected with the purchase.
16.2 The Organiser is an agent for the Seller only and is not involved in the purchase of the Seller's Property.