Thank you for your interest in Lenovo (Hong Kong) Limited ("Lenovo") Products and / or Services (as defined in the Section titled "Definitions" below). Please note that Lenovo reserves the right and discretion to refuse your order. Lenovo will accept your order only if (1) you accept the terms of this Lenovo Sales Agreement ("Agreement"); (2) you provide valid information for as required by Lenovo for this transaction, including but not limited to your "ship to" address within Hong Kong (or Macau) ; and (3) the Product and/or Service is available.
All transactions pursuant to this Agreement will be exclusively governed by applicable Hong Kong law including but not limited to the Sales of Goods Ordinance (Cap. 26) and the Supply of Services (Implied Term) Ordinance (Cap. 457) and subject to the terms and conditions of this Agreement. The currency and exchange rate of all transactions with Lenovo shall be subject to Hong Kong Dollars (HKD).
You will be deemed to have placed an order in accordance with the terms of this Agreement, and accepted the terms of this Agreement if:
- 1. when ordering a Product online, you click on the relevant buttons indicating your acceptance of the terms of this Agreement, and complete your transaction;
- 2. when ordering by any other means, you open the package containing the Product; or
- 3. When ordering Services subject to this Agreement, you accept the terms of this Agreement when ordering the Service and according to the acceptance procedures in the applicable Services attachment.
A Product or Service becomes subject to this Agreement when Lenovo accepts your order by either (1) shipping the hardware Product or making the software Product available to you, or (2) providing the Service. Confirmation of Lenovo's receipt of your order does not constitute Lenovo's acceptance of your order.
Where your order has been accepted by Lenovo, this Agreement, including the associated warranty statements, license agreements, and its applicable attachments, will represent the complete agreement between you and Lenovo regarding your purchase of Products or Services, and replaces any prior oral or written communications between you and Lenovo. Any additional or different terms in any order or written communications from you are void.
If there is a Lenovo Customer Agreement or equivalent agreement in effect between us, then that agreement governs this transaction rather than this Agreement.
If you acquired your Lenovo Product or Service through a Lenovo reseller, the terms of this Agreement do not apply.
Lenovo starts to build or fulfill your order shortly after the order is placed. It is not always possible to cancel orders as orders are intended to be shipped as soon as possible. Order cancellations can only be attempted on the same date when orders are placed and Lenovo’s manufacturing facility or warehouse reserves the right to reject cancellation requests made by Lenovo Customer Service on behalf of customers.
A" Product" is any Lenovo or third party hardware or software which is provided to you by Lenovo under this Agreement. Hardware products include computers and options or accessories. Software products include computer software programs (whether pre-loaded or provided separately) and related licensed materials such as documentation.
A"Service" is the performance of a task, provision of advice, assistance, or access to a resource (such as access to an information data base) made available to you by Lenovo.
2. Orders, Prices and Payment
Unless credit terms have been expressly agreed by Lenovo, payment for the Products or Services shall be made in full before the physical delivery of Products or the provision of Services. You agree to pay as specified by Lenovo, including any applicable goods and services, sales, use or similar taxes, fees or duties (unless you supply exemption documentation), any late payment fee, and shipping charges. Until you fully discharge any outstanding amounts which are due and owing, Lenovo shall have discretion to withhold delivery of products and/or provision of services. Lenovo reserves the right to demand immediate payment for any products and/or services that have already been dispatched. You are responsible for any applicable taxes for each Product from the date Lenovo ships it to you, or when the Service is provided. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.
If a Product is quoted at an incorrect price due to a typographical error, or error in pricing information, Lenovo reserves the right to refuse or cancel any orders placed for the Product quoted at the incorrect price, even if Lenovo has confirmed the receipt of your order and charged your credit. If Lenovo has charged your credit but subsequently canceled your order, Lenovo will promptly issue a credit to your credit account for the amount charged. Any authorizations placed on your credit card can take up to 30 days to reverse, depending on the credit card issuer. Please contact your financial institution for their specific timeframes in relation to the reversal of such authorizations.
Please note the following:
- 1. Lenovo does not ship to Post Office ("PO") boxes.
- 2. Lenovo will only accept credit cards with a minimum validity period of 3 months.
- 3. If you have any questions regarding your order, please email to firstname.lastname@example.org for assistance.
- 4. A pre-authorization of fee of HKD1 will be charged to your credit card before Lenovo authorizes the deduction of the full amount. This is for validation purposes only, and will be released back to your account upon completion of the validation. Please note that different products have different lead times. As such, you may expect multiple deliveries, which will not result in additional shipping charges being incurred by you.
- 5. For the avoidance of doubt, the estimated date of delivery is just a reference, and is not a promised date. The actual date of delivery may change due to the supply status of the Product or Service.
3. Return/Exchange Policy.
Configured-To-Order ("CTO"): Lenovo will not make refunds, accept returns and allow exchanges for all CTO products.
Fixed Configuration: You have up to seven (7) calendar days from the time you receive your item(s) to initiate exchange or return for Dead On Arrival, Missing, Wrong, Damaged, or Cosmetic (“ MWDC”) issues. To initiate an exchange or return, please email to email@example.com to contact Lenovo customer support representatives. For after sales / returns, customers should contact the hotline on +852 8100 8300 – call charges to be paid by the customer. For the avoidance of doubt, Lenovo will not make refunds, accept returns and allow exchanges for non-MWDC issues.
Defective or Dead-on-arrival: For quality related exchange or return (defined as Dead On Arrival, Missing, Wrong, Damaged, or Cosmetic ("MWDC") issues and 7 or more dead pixels), customers are allowed replacement or return of their purchased items after inspection and verification by Lenovo Service Centre. Customers are responsible to carry at their own cost their purchased items to Lenovo Service Centre for inspection and verification.
Software and Peripherals: Software and peripheral Products which are purchased as part of a packaged Product offering (i.e. Lenovo personal computer and/or tablet Products) ("Packaged Product") can only be returned for the purposes of an exchange in its packaged entirety, along with the relevant invoice, and Lenovo will not allow an exchange or refund of individual items where were purchased as part of a Packaged Product.
A software and/or peripheral Product which was not purchased as a Packaged Product ("Individual Product") can only be exchanged for a Product with the same specifications, if a defect in the Product is proven. Lenovo does not provide refunds or credits for any Individual Products with proven defects, and in such a situation, Lenovo will instead conduct a one-to-one exchange for your defective Individual Product.
Where it is impractical to effect a one-to-one exchange for any Individual Product or a part of a Packaged Product, Lenovo reserves the right to replace the defective Product with a Product which is of similar or equal value.
4. Lenovo Warranties:
Lenovo hardware Products are covered under the specific warranty accompanying each Lenovo hardware Product (the "Lenovo Limited Warranty").
UNLESS OTHERWISE AGREED, ALL SOFTWARE, SERVICE, SUPPORT ARE, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, PROVIDED ON AN 'AS IS' BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. ALL THIRD PARTY PRODUCTS AND SERVICES ARE AND WILL NOT BE COVERED UNDER THE LENOVO LIMITED WARRANTY, OR ANY OTHER WARRANTY GIVEN BY LENOVO.
However, Lenovo may, where specified and provided for in the applicable software license agreement, provide warranty for Lenovo software. Third party manufacturers, suppliers, service providers or publishers may provide their own warranties to you.
5. Title and Risk of Loss
Where payment is made in full prior to the physical delivery of the hardware Products, Lenovo will transfer the title to a hardware Product to you when Lenovo ships the hardware Product from Lenovo's warehouse.
However, where credit terms are agreed, and the product is shipped before full payment is received, Lenovo reserves a right of disposal of the hardware Product until Lenovo receives all outstanding amounts due.
For the avoidance of doubt, Lenovo does not transfer title to software Products.
Lenovo bears the risk of loss for the hardware Product until it is delivered to the location you specified in the order. Thereafter, you assume the risk.
The Product(s) shall be deemed to have been delivered to you when either you or your designated receiver of the Product(s) has signed for receipt of the Product (or in circumstances where either you or your designated receiver is unable to sign for receipt, Lenovo may agree to your signed receipt pursuant to an enterprise chop or other legally authorized chop including but not limited to those provided by a doorman
(a)Lenovo may change components or parts of a hardware Product without notice, due to the availability of such components or parts or Lenovo's policy of on-going product up-date and modification, provided that the components or parts provide equal or better performance. Such changes will be at no additional cost to you, and will not affect the hardware Product Lenovo Limited Warranty. You accept that Lenovo's policy may result in differences between the specification of Products delivered to you and the specification of Products ordered.
This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Website may contain technical inaccuracies or typographical errors..
This Website may be changed or updated without notice. Lenovo may also make improvements and/or changes in the Products, Services and/or the programs described in this Website at any time without notice.
(b) The Products and/or Services provided to you pursuant to this Agreement must not be resold at a discount, in competition with Lenovo's resellers. If you resell Products and/or Services provided to you by Lenovo, at a discount in competition with Lenovo's resellers, Lenovo may terminate this Agreement without notice, where legally permitted to do so.
(c) Both you and Lenovo agree that under this Agreement, all information exchanged is of a non-confidential nature. If either you or Lenovo requires the exchange of confidential information, it will be made under a signed confidentiality agreement.
(d) You consent to the collection, processing, storage and use of information about your transaction and your contact information, including, but not limited to, names, phone numbers, address, and e-mail addresses, by Lenovo, and Lenovo's related companies and the relevant service providers (including but not limited to the courier and storage system provider) to process and fulfill your transaction in accordance with Lenovo Privacy Statement available at http://www.lenovo.com/privacy/hk/en/ available at Lenovo website . Lenovo may also contact you to notify you about any Product recall, safety issue or service actions. Where permissible under local law, Lenovo may use this information to inquire about your satisfaction with Lenovo's Products or Services or provide you with information about other Products and Services. You may however, at any time decline to receive any further such communications from Lenovo. You agree that in accomplishing these purposes, Lenovo may 1) transfer your information to any country where we do business; 2) provide your information to entities acting on Lenovo's behalf; or 3) disclose it where required by law. If your Personal Data (as defined in the Personal Data (Privacy) Ordinance (Cap. 486) ("PDPO") is transferred to a country or territory outside Hong Kong, Lenovo will ensure that the recipients thereof provide a standard of protection to your Personal Data so transferred that is comparable to that which is provided under Hong Kong's PDPO. Lenovo will not, however, sell or otherwise transfer the Personal Data you provide to any third parties for their own direct marketing use unless Lenovo provides clear notice to you and obtain your explicit consent for your Personal Data to be shared in this manner.
(e) Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
(f) Neither you nor Lenovo, including Lenovo's subcontractors, suppliers or software Product developers is liable for any of the following even if informed of their possibility or not and whether arising from contract, tort, (including negligence) or otherwise: 1) third-party claims for damages; 2) loss of, or damage to, data; or 3) special, incidental, or indirect damages or for any economic consequential damages of any kind; and 4) lost profits, business, revenue, goodwill or anticipated savings. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.
(g) Circumstances may arise where, because of a default on Lenovo's part or other liability, you are entitled to recover damages from Lenovo. In each such instance, regardless of the basis on which you are entitled to claim damages from Lenovo (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), except as expressly required by law without possibility of contractual waiver or limitation, Lenovo is liable for no more than: 1) damages for bodily injury (including death) and damage to real property and tangible personal property; and 2) the amount of any other actual direct damages, up to the amount you paid for the Product or Service that is the subject of the claim. This limit also applies to any of Lenovo’s subcontractors, suppliers and program developers, and is the maximum amount for which Lenovo and its subcontractors, suppliers and program developers are collectively responsible.
(h) Subject to paragraphs 7(f) and 7(g), if a third party claims that a Product provided by Lenovo under this Agreement infringes that third party's patent or copyright, Lenovo will defend you against that claim at its expense and pay all costs, damages, and attorney's fees that a court finally awards, provided that you: 1) promptly notify Lenovo in writing of the claim; and 2) allow Lenovo to control, and cooperate with Lenovo in, the defense and any related settlement negotiations. If such a claim is made or appears likely to be made, you agree to permit Lenovo to enable you to continue to use the Product, or to modify it, or replace it with one that is at least functionally equivalent. If Lenovo determines that none of these alternatives is reasonably available, you agree to return the Product to Lenovo on Lenovo's written request. Lenovo will then grant you a credit equal to the amount you paid for the Product. Lenovo has no obligation regarding any claim based upon: 1) anything you provide which is incorporated into, or combined with a Product; 2) your modification of a Product; or 3) in relation to a CTO Product, Lenovo's compliance with your specifications or requirements.