Terms and Conditions of Sale
1) Customer Acknowledgement.
The Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase product from 4D Systems Asia Ltd.
4D Systems is the trading name of 4D Systems Asia Ltd. This contract of sale is between the entity named on the invoice (the "Customer") and 4D Systems Asia Ltd.
All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for 4D Systems has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.
Customer agrees to ensure that all personal and financial details that are provided to 4D Systems are correct.
Customer accepts responsibility to ensure that the credit/debit card provided for payment is their own, that the details supplied are correct, and that you have sufficient funds to cover the cost of goods ordered.
This website should only be used for ordering purposes by persons over the age of eighteen.
4D Systems accepts no responsibility for any omissions or errors, and we reserve the right to change any or all information that relates to listing products or services.
It is an illegal act to purchase goods using a false name or a known invalid credit/debit card. Any individual, group, association or company that is found to willingly enter false details to their order information will be subject to prosecution under the full extent of the law.
4D Systems reserves the right to update or amend these Terms and Conditions at any time they so wish. All purchases made will come under the Terms and Conditions that were applicable at the time the order is placed. It is your responsibility to check the Terms and Conditions prior to the placement of each order to ensure that you agree to any amendments that have been made prior to you placing your order.
4D Systems will email from time to time updates and new releases of its products and services.
These Terms and Conditions supersede any previous Terms and Conditions.
2) Return Policy.
4D Systems will refund or credit goods returned within a 7 day period from the time of purchase provided the goods are in original condition, original packaging, current version and not a special order, hardware, peripheral or clearance item.
Otherwise, we will make our best effort to arrange for exchange or accept the goods back for resale. In this case, if the return is authorised by 4D Systems, a restocking fee of up to 25% may apply.
Please note that where the plastic seal of a software package is broken the return or exchange cannot be accepted due to copyright and licensing restrictions unless faulty nor defective. In this case we will not be able to assist the customer in obtaining a working copy.
Return or exchange of computer hardware and peripherals is sometimes not possible due to third party constraints on 4D Systems (unless faulty). Unless agreed otherwise prior to purchasing, all sales shall be considered final.
3) Warranty Information.
All products sold by 4D Systems are covered by 90 days manufacturers' warranty that accompanies the product unless otherwise stated. 4D Systems makes no additional or independent warranty. 4D Systems does not warrant the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products.
Please Note: a) Due to restrictions placed upon us by the manufacturers, hardware that is defective on arrival can generally be exchanged if we are notified within 7 days of invoice. Otherwise, the manufacturer's warranty process must be followed.
b) Warranty RMA number remains valid for 14 days only after which you need to apply for a new RMA number.
4) Shipping Policy - International Customers.
- FedEx International: Choose this option if you require online tracking and security of your purchase. FedEx offer 3 to 7 business day delivery worldwide. Insurance is available on request; please email us sales@4dsystems.asia regarding insurance before paying for your goods.
- Standard International Air Mail: Choose this option if you do not require express delivery or insurance. There is no form of International tracking with standard Air Mail. Delivery usually occurs within 5-10 business days.
5) Shipping Policy - Hong Kong Customers.
- Hong Kong Post - Local Courier Service: Next day delivery service (most areas) with tracking.
6) Shipping and Delivery Information.
- 4D Systems is unable to guarantee the exact delivery time of any goods ordered, however, we endeavour to always dispatch your order within 24 to 48 hours from the date that you place the order (Business days only, which exclude Saturdays, Sundays and holidays).
- The delivery guidelines and estimates (above) are merely an estimated time for the average delivery to a given area. Orders may arrive sooner, or later than the estimated time shown. Please remember delivery times are given in business days and NOT calendar days. We are not responsible for delays beyond our control such as postal or customs delays.
- 4D Systems reserves the right to automatically upgrade any selected method of shipping, without additional cost to you, at our discretion.
- All shipping charges are based upon the weight of the goods ordered and are intended to be as fair as possible.
- You will only be charged the amount of shipping shown at the time of placing the order, provided you have chosen a correct method for your location. If the actual cost of shipping your order is more expensive due to a product weight fluctuation or due to postal/courier price fluctuations, then 4D Systems will cover any additional expenses. You are only ever charged the amount that is specified at the time of placing the order, provided you select a correct method of delivery for your location.
- Goods that are lost in transit and have no insurance, the customer agrees that 4D Systems will not be held responsible. The customer also acknowledges that goods lost with insurance, the insurance cover may be limited.
7) Title of Goods.
The goods shall remain the sole and absolute property of 4D Systems as legal and equitable owner and the Customer shall hold such goods as bailee only until such time as the Customer shall have paid the full price. The Customer shall be liable to 4D Systems in respect of any loss or damage to the goods during such bailment.
8) Payment.
The price shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of 4D Systems in delivering any part of the goods) on or before the payment date.
In addition to any other rights or remedies of 4D Systems in the event of the Customer's default hereunder, 4D Systems shall be entitled:
- To charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), cheque dishonour fees, interest at the current bank overdraft rate plus two percent per annum from the due date for payment until payment in full;
- To immediately and without notice retake possession of the goods (and for such purpose the Customer irrevocably licenses 4D Systems, its employees, contractors, servants or agents to enter upon the premises at which the goods are located to so retake possession) and resell the goods after seven (7) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by 4D Systems as a result of the Customer's default;
- At the sole discretion of 4D Systems charge a restocking fee of up to 25% of the purchase price.
- At the sole discretion of 4D Systems put the Customer account credit on hold and suspend the supply of goods and services (including RA).
9) All Sales Made in Hong Kong.
All sales shall be deemed made in the state of Hong Kong regardless of the location of the Customer. The Customer agrees that any dispute with 4D Systems shall be brought by the Customer exclusively in the courts situated in the S.A.R Hong Kong.
10) Limitations of Liability.
4D Systems shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages: the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.
Subject to any applicable Legislation, 4D Systems' liability for any such breach shall be limited, at its sole discretion, to any of the following:
- Replacement of the goods or any part thereof;
- Supply of equivalent goods or any part thereof;
- Repair of the goods or any part thereof;
- Payment of the cost of replacing the goods or acquiring equivalent goods or any part thereof;
- The payment of the cost of having the goods or any part thereof repaired; or
- Refund of the goods upon return.
11) Errors and Omissions.
At 4D Systems, we work hard to offer you the most competitive pricing and accurate product information. Because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice. Please be assured of our every effort to ensure the accuracy; however the documents and graphics published may contain technical inaccuracies or typographical errors. 4D Systems makes no representations about the suitability of this information; it is provided "as is" without warranty of any kind. If an error is made or a product is listed at an incorrect price, 4D Systems shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and payment has been received, 4D Systems shall immediately issue a refund.
12) General.
4D Systems warrants that it has good title to all products it sells.
In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect.
| 
