Terms and Conditions
These sale terms set out the terms and conditions that will apply when you purchase merchandise through our site.
If you are unable to understand, or have any questions about, these sale terms, please contact us using the contact information set out in the "Contact Us" section below. You will be required to confirm that you have read and accept these sale terms before you submit an order to us.
Prior to submitting an order by clicking the 'SUBMIT ORDER' button in checkout, please save or print a copy of these sale terms to keep on file for future reference regarding the order you are submitting. Please note, terms are subject to change so review and save or print a copy of these prior to each order that you submit.
Terms that we have used in these sale terms are defined in the "Definitions" section below.
1. ORDER AND ACCEPTANCE
A. If you would like to order merchandise, you can use the order process on our site to place an order.
B. Each order submitted constitutes an offer to purchase merchandise from us. Orders are subject to our acceptance and we may, at our discretion, refuse to accept your order, including where:
- Orders cannot be packed due to an error in information you have provided to us, for example, where you provide us with: incorrect payment information; incorrect billing information (for example, where the billing information you provide is different from the information that the bank which issued your payment card has on record); insufficient or an incorrect shipping address (i.e., street address, city, or country); or fraudulent information;
- there is an error on our site relating to the merchandise that you have ordered, for example an error relating to the price or description of the merchandise as displayed on our site; or
- the merchandise that you have ordered is no longer available through our site.
C. Once we have received your order through our site, we will send you an email to the email address that you have provided to us acknowledging receipt of the order.
D. If we are unable to accept your order, other than for fraudulent purposes, we will send an email informing you of the reason for the rejection.
E. If you do not receive an email, call us at +44 11 4303 1515 before you try to place another order for the same merchandise. You should note that the email that we send to you confirming receipt of your order does not constitute acceptance of your order, but only an acknowledgement that we have received it.
F. After receiving your order, we will check that the relevant products are in stock. Our contract will only be concluded and MobiCity will only be deemed to have accepted your order (or any part of your order) once the requested merchandise has been shipped and we have sent a shipment confirmation email to you confirming that all or part of the merchandise ordered is still available and has been shipped. The contract will only relate to that part of the order of merchandise which has actually been shipped and no contract will have been created in respect of any merchandise which you may have ordered which we were unable to ship.
G. We will take reasonable steps to ensure that the prices and other information about merchandise on our site are accurate. However, it is always possible that despite our efforts, some of the merchandise may be incorrectly described or incorrectly priced on the site. If an error relates to merchandise for which you have placed an order, we may reject your order under clause 1(B) above. If we reject your order because of an error, we will notify you that your order has been cancelled at the email address that you have provided to us and ask you whether you would like to re-submit your order to purchase the relevant merchandise once we have corrected the error. If we have notified you that we have accepted your order and you have received a shipment confirmation email, you will not be required to pay more than the price that was displayed on our site at the time that you placed your order for the merchandise that you have requested, and if we have sent you merchandise which is different from the description of the relevant merchandise on our site at the time that you placed your order, you will also have the right to return it. Please see the terms of our return policy listed below.
H. If you have any questions, comments or concerns regarding our order acceptance policy, or if you consider that your order was rejected by us in error, please contact us by emailing us at: email@example.com.
2. PRODUCT AVAILABILITY
A. The inclusion of any merchandise on our site does not imply, warrant or guarantee that the merchandise will be available if you wish to place an order to purchase it.
B. We will have the right, at any time, to make changes to information about merchandise displayed on our site, for example information about prices, description or the availability of merchandise, and we may do so without first giving you notice of the changes. We will not, however, make any changes to the price, availability or description of any merchandise after we have accepted an order to supply the merchandise to you.
3. CUSTOMER INITIATED ORDER CANCELATIONS AND CHANGES
A. You can make changes to or cancel your order at any time before your order has been packed by us. To make changes to your order, please call us at +44 11 4303 1515. If your order has already been packed, you will only be able to return the merchandise within thirty (30) days from delivery: please see the terms of our return policy listed below.
4. ORDER TRACKING
A. You can track the progress of your order by clicking here.
A. This site ships to The United Kingdom only.
B. Please note that we cannot deliver your order to a freight forwarding company. We will refuse to accept your order if you request this.
C. You can find a list of our shipping and handling charges and our delivery terms by clicking here.
D. Merchandise that we deliver to you will become your property at the time that you receive it. As soon as we have delivered the merchandise to you, you will become responsible for it, and for any loss or damage to it thereafter.
6. MERCHANDISE ON BACKORDER
A. Please note that payment for any merchandise on backorder will not be taken from your payment card until the merchandise on backorder is shipped and a shipment confirmation email has been sent to you. Shipping and handling for each item in an order is distributed so it is directly proportional to the cost of an item and will not be charged in the applicable proportional amount until the respective item(s) ship(s). All items in an order will be shipped via the shipping service type selected when placing the order.
B. We will notify you at the email address that you have provided to us if we are unable to deliver any merchandise on backorder within thirty (30) days from the date of your order and ask you if you would like us to send you the merchandise on backorder when it becomes available or if you would like to cancel your order. If we do not receive a response to our email or any voicemail message that we leave for you, we will assume that you do not want us to cancel your order and so we will ship to you the merchandise covered by your order as soon as it is in stock.
C. You can cancel your order for merchandise on backorder at any point prior to the packing of your order by calling us at +44 11 4303 1515.
7. PRICES AND PAYMENTS
A. We reserve the right to vary the price of our merchandise at any time. We will not alter the price of any merchandise covered by an order after we have accepted the order.
B. You may pay for your order using either a credit card or prepaid debit card from Visa, MasterCard or American Express, a debit card with a Visa or MasterCard logo, or PayPal. Debit payment methods will be processed as credit.
C. When we receive your order, we will place a "hold" on your Visa, MasterCard or American Express, or PayPal account, for the total value of your order. If the "hold" on your card or account has been authorized by your bank, we will take payment when your merchandise, or the first part of the merchandise that you have ordered, is dispatched. You should note that placing a "hold" on your Visa, MasterCard or American Express, or PayPal account, or taking payment, does not constitute acceptance of your order. Our contract is created only when we send you an email confirming that we have dispatched your merchandise or the first part of the merchandise covered by your order.
D. The charge for your order will appear on your payment statement as "Milkyway Distribution Ltd.". If you wish to dispute the validity or amount of a charge that appears on your payment statement, please contact us by emailing us at firstname.lastname@example.org.
E. If you cancel an order under clause 3 above, any authorized "hold" on your Visa, MasterCard or American Express payment card, or PayPal account, will usually be released within three (3) to five (5) working days from the date of cancelation.
F. The prices displayed on our site for merchandise ordered for shipment to The United Kingdom are inclusive of all other applicable taxes.
8. RESALE / RESHIPPING OF OUR MERCHANDISE
A. It is important for us to monitor the quality of the merchandise that our customers purchase in order for us to maintain customer satisfaction and therefore you must not misrepresent yourself as being one of our authorized resellers or as being qualified to resell our merchandise. We reserve the right to refuse to accept your order, if we suspect that you intend to resell our merchandise.
B. Engagement with MobiCity, Milkyway Distribution Ltd. (the "Company") reserves the right to block from receiving marketing communications or to remove and unsubscribe from all Company platforms any email address, phone number, and/or mailing address associated with customers determined by the Company to have characteristics of reselling and/or customer orders determined by the Company to be fraudulent. Company platforms affected by such removal include but are not limited to: (i) any of the Company’s online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing or registering for all of the aforementioned platforms in the future.
9. RETURNS / REFUNDS
A. If you are not satisfied with the merchandise that you ordered, you may return it to us for a refund within thirty (30) days from the day it is delivered with the condition that merchandise has not been used and remains its original sealed packaging.
Refunds for Faulty Merchandise
B. If you wish to return merchandise you purchased online for a refund which is faulty or otherwise damaged when you receive it, which does not correspond to the description on our site, or which develops a fault after you receive it, you can do so within thirty (30) days of delivery by: (i) emailing us at email@example.com or (ii) calling us at +44 11 4303 1515. When you call or email us, we may give you the option of emailing or posting to us a photograph of the faulty, damaged or non-corresponding merchandise. If you call or email us to request a refund, we may ask you to return the merchandise to us before we can process your refund. You should note that we cannot process your refund if you return merchandise purchased online (i) without a confirmed return authorisation number (ii) by post to outside of the designated return warehouse. Merchandise must be returned in its original individual packaging where applicable (e.g. packing box, manuals, or accessory, etc.). When you return the merchandise to us, please remember to include details of why you consider that the merchandise is faulty, damaged or does not correspond to the description on our site.
C. Once we receive the merchandise and confirm that it is faulty, damaged or does not correspond to the description on our site, we will refund to you the cost of the merchandise and the original shipping and handling charges paid by you. If you use the return instructions that were included in the shipment to return the faulty merchandise to us, you will not be charged for the return shipping. We will usually credit the refund back to the payment type that you used to pay for the merchandise within approximately fourteen (14) days from the date that we receive the merchandise, although it may take a while longer for the refund to show up on your payment statement.
D. If we examine merchandise that you have returned to us and, in our reasonable opinion, do not consider that it is faulty, you will not be entitled to a refund and we will return the merchandise to you. If you used the return instructions to ship the merchandise you will be charged GBP 15 on the payment type used to place this order for using this service.
Refunds for Non-Faulty Merchandise
E. If you are not satisfied with any merchandise purchased online that you have received, or we have emailed you to confirm that your order has been packed, but you would like to cancel it, you may request a refund within thirty (30) days of delivery by: (i) emailing us at firstname.lastname@example.org or (ii) calling us at +44 11 4303 1515. If you call or email us, we will still need you to return the merchandise to us. You should note that we cannot process your refund if you return merchandise purchased online (i) without a confirmed return authorisation number (ii) by post to outside of the designated return warehouse. Merchandise must be in resalable condition and returned in its original individual packaging where applicable (e.g. packing box, manuals, or accessory, etc.). The recipient can use the return instructions that were included in the shipment to return the merchandise to us, although you should note that there is a HKD 65 charge to use this service which will be deducted from your refund. You need to keep merchandise for which you have requested a refund in your possession and take reasonable care of it until it is returned to us.
F. We will make the refund to the original payment type you used to place the order.
10. OUR LIABILITY TO YOU
A. Nothing in these sale terms will exclude or limit our liability to you for any damage caused by our intentional act or gross negligence, or fraud, death or personal injury caused by our negligence, or for any other liability which may not be excluded or limited under applicable law.
B. We will not be liable to you under a contract for:
- any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill;
- any loss or corruption of or damage to data; or
- any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if, at the time that we and you entered into a contract, such loss was either contemplated by us and you or you notified us that the loss may occur if we breached the contract or our legal duty of care.
C. Nothing in these sale terms will affect your statutory rights. For further information about your statutory rights you should contact your local authority.
11. PERSONAL INFORMATION
12. USE OF OUR WEBSITE
13. GENERAL TERMS
A. The contract between you and us is governed by the laws of The United Kingdom. Either you or we may bring legal actions in respect of any dispute which arises in connection with a contract only in a relevant court in The United Kingdom.
B. If we do not enforce or delay enforcing any of our rights under a contract, this will not stop us from doing so at a later date.
C. If any provision of a contract is not valid or legally enforceable, that provision will be deleted and the remaining provisions will not be affected.
D. No party other than you or us has any right to enforce any term of a contract.
14. CONTACT US
In these sale terms:
- means the contract between you and us for the sale and purchase of merchandise, comprising your order, our email confirmation of our acceptance of your order, and these sale terms;
- means the products that we sell on our site from time to time, including photographic equipments, electronics, and accessories;
"Merchandise on Backorder"
- means merchandise that you have ordered which is temporarily out of stock;
- means an order for merchandise;
- means these terms and conditions of sale;
- means our websites: mobicity.co.uk, microsite, or mobile site;
"We," "Our" or "Us"
- means MobiCity, Milkyway Distribution Ltd. 9 A &B, Ka Ming Court, 688 Castle Peak Road, Kowloon, Hong Kong; and
"You", "Yourself" or "Your"
- means you, the customer.