1) Contract means a contract for sale by Acer to the Customer of the Products and/or services incorporating these Terms and Conditions. 2) The terms “The Site” or “This Site” refers exclusively to this website, or this specific Acer online store that is owned and operated by Acer Computer (Far East) Ltd. 3) Customer means the person or legal entity identified in Acer's Quotation or Invoice. 4) Acer means Acer Computer (Far East) Ltd. 5) Acer-branded means computer hardware products that are marked with the Acer brand. 6) Extended Warranty means additional warranty, purchased by the Customer, which is in addition to the Standard Warranty. 7) Order Confirmation means the acknowledgement of Products ordered by Customers. 8) Dispatch means the process in which orders are prepared and leave the Acer warehouse. 9) Delivery address means the place designated by the Customer and agreed to by Acer for delivery of Products. 10) Price means the price as per Acer Quotation and Order Confirmation. 11) Products means the products as described in Order Confirmation and may include Acer products, third party products and other offerings. 12) Standard Warranty means the warranty that comes standard with purchases from Acer, as set out in clause 9 of these Terms and Conditions. 13) Third Party Products means products other than Acer-branded.
2) Membership Eligibility
Our services are only available to, and may only be used by, natural persons and corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. If you do not qualify, you must not use our services. Although an account may be styled in a corporate, company or business name, it at all times is taken to be the personal account of the member who is registered on the account.
Your membership is not transferable. Your Acer account may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account to us.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
5) Legal Compliance
In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
All Policies (as may be amended from time-to-time) are incorporated into this Agreement by reference. You must read and agree to these documents prior to becoming, and as a condition of remaining, a member of this Acer site, and you agree to be bound by them.
These Terms and Conditions are governed by and construed in accordance with the laws of Hong Kong SAR and are subject to the non-exclusive jurisdiction of the courts of Hong Kong SAR.
6) Credit Card Payment Terms and Conditions
Acer takes your privacy and credit card security very seriously. Every credit card or debit card transaction is handled by our appointed third-party service provider. In view of the Cap. 486 Personal Data (Privacy) Ordinance implemented to safeguard the usage of Personal Information as defined therein, you have the right to know the reasons we collect and use the Personal Information you have provided; how we will use the Personal Information and whom we may share the Personal Information with. Please click here to view the full Terms & Conditions. In compliance with Personal Data (Privacy) Ordinance, your Personal Information in our database will be safeguarded and will not be shared without your consent. In addition to any additional terms contained in Acer Store’s website, the following terms shall also apply to the following types of payment:.
Credit Card Credit Card payment option is available for all Buyers. Acer accepts all Hong Kong Visa, MasterCards, that is 3D Secure (Verified by Visa, MasterCard) enabled. Please take note that we DO NOT accept Corporate Credit Card and non-Hong Kong bank-issued credit cards.
7.1) Formation of Contract
The products sold and/or services rendered are subject to these Terms and Conditions. The Customer acknowledges that they are aware of the contents of and agree to be bound by these Terms and Conditions. Neither Acer's acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order will be deemed an acceptance of such terms and conditions or a waiver of the provisions.
7.2) Products Orders, Price and Payment
7.2.1 Products and/or services must be paid for in full before physical delivery of products and/or services.
7.2.2 All pricing is as per the product published on the Acer Store and are agreed upon at the time of purchase. Prices may vary from time to time without affecting any prior purchased products. The price includes the cost of packaging and delivery charges, any applicable goods and services tax.
7.2.3 Please note that there are cases when an order cannot be processed for various reasons. This site reserves the right to refuse or cancel any order for any reason at any given time. In addition, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
7.3.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. The Customer acknowledges its obligations to abide by such license agreements. The Customer acknowledges that Acer does not make any express warranty in relation to any software under these Terms and Conditions of Sale. In addition to any rights the Customer may have under statute, all software is warranted in accordance
7.3.2 All rights, title or interest in respect of the intellectual property rights in the software remain with Acer or the licensor of the software at all times.
8) Title and Risk
8.1 Title to and risk in the Products passes to the Customer upon delivery of the Products to the Customer. Title to those products, which are software, shall remain with the applicable licensors at all times.
9.1 Acer will provide standard FREE delivery and will deliver the Products to the delivery address within Hong Kong stated on the order at the time of delivery. If for any reason we are unable to deliver to the delivery address, we reserve the right to cancel, without any liabilities or penalties, the order placed by the customer and will issue a full refund for any payment made.
9.2 Any dates provided by Acer for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as the Customer's location and availability of parts for the Products. Furthermore, Acer will not be liable for any delay in delivery of the products and/or services, howsoever caused.
9.3 Acer has a policy of on-going Product update and revision. As a result, Acer may revise and/or discontinue Products at any time without notice.
9.4 Delivery is subject to the availability of the stock at the time of dispatch. Acer will endeavour to fulfill all orders, however makes no guarantees of the availability of stock at the time of dispatch.
9.5 If by any circumstance, any product is not available at the time of dispatch, Acer will may offer a suitable alternative or fully refund the product as well as any accessory or service purchased along with the line item.
10) Acceptance of Products
By receiving the item, the customer is deemed to have accepted delivery of the product.
11) DOA (Defect On Arrival)
Acer will arrange to collect the goods and organize a replacement if the following conditions apply:
(a) The products are damaged in transit
(b) The products are not delivered (e.g. lost in transit)
(c) The wrong configuration is sent
The requirements for DOA are as follows:
1) It is within fourteen (14) days from the delivery date 2) You have proof of purchase (transaction ID/order number, invoice, delivery order, bank statement) 3) The goods must be in new condition and returned in the original packaging along with all original accessories (including software, manuals, cables, adapter, CDs, warranty cards, etc…) 4) The product must not have been used or installed or had any data inputted 5) All sealed items must not be opened
WARRANTY CONDITIONS FOR ACER HARDWARE
13.1 Acer warrants that the product you have purchased is free from manufacturing defects in materials and workmanship when dispatched from our warehouse. Your sales receipt is your proof of the date of purchase and the warranty period commences as of that date. This warranty extends only to you, the original purchaser, and is non-transferable.
13.2 During the warranty period as indicated above, Acer will, at no additional charge, replace defective parts with new parts or serviceable parts or products that are deemed by Acer’s service personnel to be equal in performance when compared to new or similarly configured products. All replaced or exchanged parts which are taken out under this warranty become the property of Acer.
13.3 Acer may decide at its own discretion to send replacements for faulty items (ie keyboard, mouse, monitor etc.) directly to the end user who is also responsible for their installation.
13.4 This warranty automatically becomes void if the product has been physically damaged or rendered defective (a) as a result of an accident, misuse, abuse, or other circumstances beyond Acer's control: (b) by the use of parts or peripherals not manufactured or supplied by Acer; (c) as a result of normal wear and tear; (d) by use within an improper operating environment; (e) by modification of the product (f) by the serial number or warranty seal being removed or defaced; (g) as a result of service rendered by anyone other than an Authorised Service Provider (ASP) or (h) as a result of the product being operated otherwise than in accordance with Acer's instructions.
13.5 Software-related faults resulting from incorrect software installation or usage or software viruses or software inherent bugs shall not be considered as product faults and may incur a charge for rectification, if requested. It is the purchaser's responsibility to keep useable archive back-ups of all data and to reload all software following any maintenance or repair work (except the operating system).Acer is not responsible for damage to, or loss of, any programs, data or removable storage media including any consequential loss or damage. Acer is also not responsible for future upgrades of software products bundled with Acer products.
13.6 Chargeable hourly rates will apply to the customer if the technician finds the problem is (a) user related; (b) caused by change in normal settings of the computer; or (c) software issues not covered under our Acer standard warranty.
13.7 Parts stock is maintained for a period of one year following Acer's withdrawal of the product from the market. The warranty is expressly subjected to the availability of product parts, which may not be guaranteed after the expiry of that product.
This warranty does not cover -
(a) any problems relating to the installation of any software packages or; any problems arising from user deletion or modification of any preinstalled software;
(b) the Product has been altered, modified or otherwise interfered with;
(c) the failure is due to normal wear and tear;
(d) the Product has been negligently used, abused, misused or neglected;
(e) the Product has been subjected to unusual physical, environmental or electrical stress where physical or electrical connection specifications are exceeded;
(f) the Product is installed or operated otherwise than in accordance with any instructions specified by Acer;
(g) any serial numbers have been removed or defaced; the Product has been serviced by anyone other than an Acer Authorised Service Centre;
(h) any Acer product purchased from any unauthorised reseller or sourced through any unauthorised channel;
(i) the defect or failure is due to parts or peripherals other than those manufactured by Acer or any associated Acer company, which have been inserted in or connected to the Product, or;
(j) the defect or failure is due to any act, default or omission by any person other than Acer, its employees or agents or to events outside the control of Acer including vermin infestation, faulty/fluctuation mains power supply, fire, flood, accident, terrorist attack, or act of God.
(k) minor defects of LCD displays occurring in any Acer Product equipped with LCD display technology provided that there shall not be more than four (4) defective pixels per million pixels on a given LCD display, and provided further that, if the display panel is divided into nine (9) equal rectangular areas, there shall be only one defective pixel in the central area of the display.
For all Technical Support and Warranty enquiries, please call: (852) 3944 2383.
Acers’ warranty period and method are determined by the warranty provided for each individual product and the users should refer to the warranty specific information related to that product.
For all Technical Support and Warranty enquiries, please call: (852) 3944 2382 (Notebook) / (852) 2379 8325 (DT & AIO) / (852) 3549 6951 (LCD)
14.1 Acer will not be liable for any loss or damage suffered and the Customer's rights are limited to those set out in these Terms and Conditions and under statute.
14.2 The Customer will indemnify Acer and keep Acer fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
14.3 Acer and the Customer agree that Acer's liability:
(a) for Products supplied under a Consumer Contract, is governed solely by the Malaysian Consumer Law;
(b) in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent products; or the payment of the cost of having the Products repaired; OR
(c) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.
15.1 The Customer must not assign or otherwise transfer any Contracts or any of its rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Acer. Any such unauthorised assignment will be deemed null and void.
15.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.
15.3 No failure or delay on Acer's part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
16)TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Hong Kong copyright laws and international conventions. All rights are reserved.