Terms and Conditions
Terms and Conditions
About These Terms And Conditions
Mysale (www.Mysale.hk) (“Website”) is a website operated by Ozsale Pty Limited (ABN 11 118 610 987) (“Ozsale”), a company registered in Australia.
In these Terms and Conditions "we" or "us" mean Ozsale and its affiliates and subsidiaries that services on behalf of Ozsale in Hong Kong; and "you" means the user and/or the customer of the Website.
Ozsale reserves the right to amend these Terms and Conditions from time to time without prior notice to reflect changes made to the operation of the Website. Whilst we will make every reasonable effort to notify you of any changes to these Terms and Conditions, you are advised to check these Terms and Conditions periodically to update yourself on any changes and apprise yourself of the then current Terms and Conditions applicable to your membership and use of this Website.
Hong Kong Sales Only
We only sell and ship products (“Products”) to Hong Kong. We will not make deliveries outside of Hong Kong.
This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing Products is the copyright of Ozsale, or of other copyright owners. Permission is granted to electronically reproduce and print in hard copy portions of this Website for the sole purpose of placing an order with Ozsale, or using this Website as a shopping resource. Any other use of materials on this Website (including reproduction for purposes other than those noted above and modification, distribution, communication, or republication) without our prior written permission is strictly prohibited.
“Ozsale”, “Ozsale Pty Ltd”, “mysale.hk” and “Mysale” are the trade names, trademarks, domain names, and company names of Ozsale and its subsidiaries or affiliates. All other trade names, trademarks, product names, company names, titles or logos used on this Website are the property of their respective owners. No permission is given by us in respect of the use of such trade names, trademarks, product names, company names, titles or logos and any such use without the permission of the relevant owner may constitute an infringement of the owner's rights.
We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst Ozsale will make every reasonable effort to present accurate information on this Website, the information may contain typographical errors or inaccuracies and may not be complete or current. Neither Ozsale nor any third party or data or content provider makes any representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information, opinions, any company information, news, research information, data and/or content contained on this Website (including but not limited to any information which may be provided by third party or data or content providers) (“Information”) and shall not be bound in any manner by any Information contained on this Website. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update Information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
You shall indemnify and hold Ozsale and its affiliates and subsidiaries and their respective employees, representatives, agents, affiliates, directors, officers, managers and shareholders (collectively the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify any of the Parties under this Section, Ozsale shall have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express written permission from Ozsale.
Legal Capacity To Transact
By accepting these Terms and Conditions you represent and warrant that you are over the age of eighteen (18) years. If you are under the age of eighteen (18) years you cannot place orders on this Website. Should Ozsale suffer any damage or other losses as a result of a transaction entered into by a minor, Ozsale reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed on this Website.
Placing Your Order
Any contract for purchases through this Website will be made with Ozsale Pty Limited (ABN 11 118 610 987).
You may place an Order by adding items to ‘My Cart’ on the Web Site and clicking the "Check Out" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on the Terms and Conditions applicable at the time of purchase. Information contained on this Website constitutes an invitation to treat. No information on this Website constitutes or should be deemed as an offer by us to supply any Products to you, however Ozsale will make every effort to supply Products to you. We will notify you that your Order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Ozsale and its affiliates and subsidiaries, reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your Order when we amend the status of your order to Dispatched within the My Account My Orders Section. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods And Processing
Transactions are processed via an industry standard secure https connection using DBS E-Net. as a third party payment gateway. This means that you can be assured that your sensitive data such as credit card numbers will remain confidential because all information is 128bit encrypted. The server we connect to is authenticated through PKI certificates issued by a root Certificate Authority. Our payment page is also fully PCI DSS compliant please visit https://www.pcisecuritystandards.org/tech/ for more information.
Goods and Services Tax (“GST”)
Unless otherwise stated on the Product listing or in our invoice for your purchases, Ozsale will bear the GST imposed by the Inland Revenue Authority of Hong Kong or import duty payable (if any) on the Products you purchase from us.
Ozsale will use its best endeavors to list Products with the most competitive prices. Ozsale reserves the right to change prices for Products displayed at the Website at any time without prior notice. Our products are sourced from within Australia and international markets and as such some may not be available for sale in Hong Kong. This means that there may be no Hong Kong recommended retail price for some products displayed on the Website. Where we have been able to establish that a product is for sale in the country, we have used that products market price as the recommended retail price. In other cases, a recommended retail price has been established by converting the price in the market from which the goods were sourced (plus any applicable duty or freight) into Hong Kong dollars. The exchange rate used for conversion of a currency to Hong Kong dollars is the transaction rate adopted by Ozsale, its affiliates and subsidiaries at the time of the sales.
Each 'Mysale Voucher' is personal to the person to whom it is issued. It is not transferable, has no monetary value and under no circumstances can it be converted into cash. Each 'Mysale Voucher' has an expiry date which cannot be modified.
Mysale Vouchers must be used on the Website towards the purchase of Products. The redemption of a Mysale Voucher requires the total value of your order (excluding delivery costs) to be higher than the value of the Mysale Voucher. Some Mysale Vouchers may specify a minimum spend in order to be used. In this case, the total value of your order (excluding delivery costs) has to be equal to or higher than the minimum spend specified on the Mysale Voucher.
Under no circumstances can the value of a Mysale Voucher be deducted from an order if that Mysale Voucher is defective or out of date. We will not issue replacements for defective or out of date Mysale Vouchers.
When a Mysale Voucher is applied to an order which contains a number of Products, the value of the Mysale Voucher will be spread over each Product on a pro-rated basis calculated based on the value of the Product against the total value of your order. Any refund of a Product bought in such an order will be reduced by the value of the Mysale Voucher which has been attached to it.
We reserve the right to modify, amend, or cancel the Mysale Referral Program at any time and the methods through which Mysale Vouchers are earned, awarded or redeemed.
We reserve the right to disqualify you at any time from participation in our Mysale Referral Program and cancel any existing Mysale Vouchers from your account.
You may purchase a 12-month Priority Membership (“Priority Membership”) under our Priority Membership Scheme for prior/early access to sales events on the Website, exclusive access to Priority Member sales events, and to enjoy additional discounts at selected sales events
Once Priority Membership has been used for prior/early access to sales events on the Website, exclusive access to Priority Member sales events, or to purchase a Product from the Website, the Priority Membership is non-refundable.
Ozsale reserves the right in its sole discretion to cancel, terminate, modify or suspend, without prior notice your Priority Membership the Priority Membership Scheme and/or if necessary to provide alternative benefits to the same value as the original benefits offered under the Priority Membership Scheme.
Supply Of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, amend the status of your order to Dispatched within the My Account My Orders Section.
Delivery Of Your Products
As we source products from around the World delivery times will vary. We will use our best efforts to ensure your order arrives as soon as possible after the end of the sale. Delivery will be made via a number of partners and the estimated delivery times will be indicated within each specific sale according to the dispatch location. We use the best possible estimated dates given the information we have been provided by our suppliers and partners, however many factors are outside of our control and we cannot guarantee delivery within this time frame. Individual order status can be tracked in the My Account, My Orders section. We charge shipping and handling for each sale you purchase from unless otherwise stated on the website. Due to the nature of our business, we may consolidate orders where possible from more than one sale. For these orders shipping and handling charges will remain unaltered. Title and risk of loss to all products will pass to you on delivery unless otherwise specified.
For the avoidance of doubt, In the event that there is any ambiguity relating to the passing of risk and title to the goods, risk and title to the goods will pass to you on the first attempt at delivery irrespective of whether it was successful or not.
Your Rights To Return A Product
Only credits are offered if you have changed your mind about the product, made an incorrect choice, or failed to verify and accurately provide information when placing an Order.
You may be entitled to a credit, provided you return the item to us within 14 days of your Order being dispatched. The item must be returned to us in brand new condition, with the packaging and item being exactly as it was when you received it. This includes the return of the original packaging including labels and tags still being attached. If the returned item is in a noticeably used condition, then a credit may not be offered. Clothing and footwear items may not be returned if they have been worn, or if sewing tags have been removed. CDs and DVDs may not be exchanged unless required by legislation. Return postage is at your expense. We will issue you a Credit Voucher to the value of the item, once the item is returned. We DO NOT hold stock on Exchanges. ‘Credit’ allows you to purchase something different all together, after having viewed your original purchase. Once we have received your returned item or the refund has been approved according to your issue, we will then send you either notification of receipt of your item and/or an email issuing you a credit Refund. The type of Refund will be based on previous discussions, as to the type of problem. You will either receive a Refund into your nominated bank account or a credit of the purchase price will be added to the section ‘My Mysale Vouchers’ in your ‘My Account’ on the Website , which you can then use on a future purchase/s. If you have not received your Refund, after your approval notification, within 2 working days, please contact Customer Services via the ‘My Contacts’ page and they will look into your matter. Elective exchanges (where you decide you would like to return an item to us) must be advised to our customer service team via the ‘My Contacts’ page within 7 days or receipt of goods. You must also notify us within 14 calendar days from the date of your product being dispatched from our warehouse of any damage or faults. After this time period your product’s normal warranty applies. All shipments are fully insured by Ozsale. If you have received an item that is damaged please contact us via the ‘My Contacts’ page and advise us of the nature and extent of the damage. Please also advise us of your name, contact number and order number.
We will refund any items damaged in transit, at our cost, just as soon as we receive the damaged item back. We apologise for any inconvenience. It would also be very helpful if you were able to include some digital pictures of the damage so we may be able to assess it and process your replacement quicker.
Dead On Arrival Products - "DOA"
A Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging. Our Customer Service member will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to replace the Product. Where we have provisionally determined that a Product is DOA, return shipping will be arranged at our expense. If the Product is deemed by our Customer Service member NOT to be DOA, we may in our absolute discretion refuse to offer you a refund for the Product. When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property. When a refund is given, the returned DOA Product becomes our property. We reserve the right to test any returned DOA Product. If you misrepresent the condition of the Product to us, we will impose a $100 handling and administration fee.
Product Problems After Delivery
If your item arrives DOA (Dead On Arrival) or if a defect arises after delivery and a valid claim is received by our Customer Service within 7 days of delivery, we will refund you the purchase price of the product. Should you contact us outside the 14 day period, our Customer Service will consider each claim on a case by case basis on its merits. Where we agree to refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent after 21 days from receipt of goods.
Return Authorisation Number - A Must Have
A Return Authorisation Number (RAN) is required for all refunds and credits. Where Customer Service has provisionally determined that a Product is DOA, Customer Service will issue you with a RAN. Products cannot be returned without a RAN. The Product should be returned to us within 14 calendar days of the issuance of the RAN. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.
Organising the Return of DOA Products
DOA Products must be returned whenever we agree to replace the Product or provide you with a refund. When a Refund is arranged:
No refund will be given to you until we have received the DOA Product from you.
Refunds will be issued by a credit to "Your Account" with us.
Some Products - Manufacturer Only Warranty
Some Products sold through the Website are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing. For items advertised and sold with manufacturer’s warranty, we would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms. If the manufacturer is unable to comply, we will refund to you the purchase price for that item.
Computer Hardware - Exclusions and Limitations
We are not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are not covered under any warranty. In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, we will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with our Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. We specifically do not represent that we will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data. Where a computing Product needs to be returned to us for replacement or a refund, we will in no manner whatsoever be responsible for any data you may leave on the computing Product.
In no event shall Ozsale and any of its affiliates and subsidiaries be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect, special, incidental or consequential loss or damage of any kind including but not limited to loss of use, loss of data, loss of business or profits, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data - Use And Protection
Neither Ozsale nor any of its affiliates and subsidiaries shall be liable for any failure or delay in performing any of its obligations under these Terms and Conditions if such failure or delay is caused by circumstances beyond their reasonable control and we shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions together with your Order constitute the entire agreement between you and Ozsale in relation to your use of the website, your Mysale membership, and the supply of the Products to you by Ozsale. These Terms and Conditions cannot be varied except by us in writing or by e-mail. Neither you nor Ozsale shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless specifically stated these Terms and Conditions supersede and replace all prior commitments, undertakings or representation, whether written or oral, between you and Ozsale.
We may at any time modify any relevant Terms and Conditions, policies or notices. You acknowledge that by visiting the Website from time to time, you shall become bound to the current version of the relevant Terms and Conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the Website.
These Terms and Conditions are binding upon the parties and their respective successors and permitted assigns.
These Terms and Conditions will not be assignable or transferable by you without our prior written consent.
No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
You and Ozsale are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions.
The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong without giving effect to any principles of conflict of law, and any disputes arising in connection with this website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.
Current version effective as of 03/06/2014