User Agreement

WELCOME

We are delighted to welcome you to this website at Samsonite.com.hk (including the dedicated website for Cathay Pacific passengers), the official online store in Hong Kong for luggage and travel accessories under the brand Samsonite, and other core brands such as Samsonite Black Label, Samsonite Red, American Tourister, High Sierra and Lipault where you can browse, select and order products advertised on the website from Samsonite Asia Limited in Hong Kong. We are a wholly-owned subsidiary of Samsonite International S.A., which is a company listed on the Hong Kong Stock Exchange.

1. USER AGREEMENT
   1. By using, visiting or shopping at this Hong Kong website (and mobile site)  (collectively, the “Website”), you accept these terms and conditions, the Personal Information Collection Statement and our Privacy Policy Statement (collectively, the “User Agreement”). The User Agreement is between you and Samsonite Asia Limited (referred to herein as “we”, “us” or “our”). We may change the terms and conditions of the User Agreement at any time without individual notices. By continuing to use the Website, you agree to be bound by the changes. Please refer to the Website and/or the Social Media pages (as defined below) for the latest version of the User Agreement.
2. REGISTRATION AND USER REQUIREMENTS
   1. You must be a registered user to place orders and access certain features of the Website. You will provide us with personal information including your full name, email address, address and local telephone number. You must ensure this information is accurate and current.      
   2. By using the Website and its associated functionality, and if you opt in to receive updates from us, you grant your express consent to us to send you direct marketing communications to the email address or telephone number you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may also be implied from the use of certain functional aspects of our services, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
   3. To register an account and/or order from the Website, you must be at least 18 years old, have a current Hong Kong residential/business address (for Cathay Pacific non-Hong Kong customers, a valid residential address) and have capacity to enter into a legally binding contract in Hong Kong with us.    
3. ACCESS AND USE OF THIS WEBSITE
   1. You must only use the Website through the interfaces provided by us in accordance with the terms and conditions of the User Agreement and any applicable laws in Hong Kong.
   2. You must not (or attempt to):
      1. interfere or disrupt the Website or the servers or networks that host the Website;
      2. use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website;
      3. interfere with security-related or other features of the Website; or
      4. use, copy or distribute content without our express permission.
4. INFORMATION ON THIS WEBSITE
   1. We use our best efforts to keep the information on the Website updated. However, it is not possible to guarantee the complete absence of errors on the Website. The information and other material published on the Website may include inaccuracies or typographical errors. The weights, dimensions and volumes of the products are approximate only. We have made reasonable efforts to ensure that such product information is accurate and to display as accurately as possible the colour of our products. However, we cannot guarantee that your screen’s display will accurately reflect the colour of the product on delivery.
   2. Changes are periodically made to the information on the Website without notice to you. We reserve the right to change any aspect of the Website at any time, in our absolute discretion. We do not warrant that the functions contained in the Website or any material or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components. We shall not be liable for the use of the Website, including, without limitation, the content and any errors contained therein.
   3. While we make efforts to ensure that items listed as cabin carry-on/hand luggage meet current airline restrictions, we cannot be held responsible if an airline applies other check-in standards or if airlines or airports change their restrictions.
   4. You agree to make your own enquiries to verify information provided and to assess the suitability of goods before you order from the Website.
5. DISCLAIMER AND LIABILITY
   1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website, including, without limitation, loss or damage you might suffer as a result of:
      1. errors, mistakes or inaccuracies on the Website;
      2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked websites;
      3. personal injury or property damage of any nature resulting from your access to or use of the Website;
      4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on these servers;
      5. any interruption or cessation of transmission to or from the Website; and/or
      6. any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the Website by any third party.
   2. Where any law (including the Hong Kong consumer protection legislation) provides a condition or warranty which may not be lawfully excluded, our liability will be limited to that provided by law.
   3. Except as required by law, in no event shall we be liable for any loss or any special, incidental or consequential damages arising out of or in connection with the Website or the User Agreement (howsoever arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the applicable laws in Hong Kong that apply to you. You agree that we have no responsibility for the legality of your actions.
6. INDEMNITY
   1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees, agents and contractors from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of the User Agreement.
7. LINKS
   1. The Website may contain links to external websites that are not operated by us. We do not make any endorsements or representations as to the accuracy of information contained in these websites. These links are provided for your convenience only and you agree that:
      1. we make no representations or warranties, or have any responsibility or liability for these websites;
      2. the links do not indicate, expressly or impliedly, that we endorse these websites or the products or services that are provided at these websites; and
      3. you access and use the products and services made available at these websites solely at your own risk.
8. PLACING ORDERS
   1. You are responsible for all orders placed on your account, including any discrepancies or errors in your order caused by you.
   2. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
   3. Orders placed by you are offers to purchase goods under the terms and conditions in the User Agreement at the price specified together with all or any delivery and other charges.
   4. Goods in your cart are only reserved for a limited period of time, specified by us. Orders are only confirmed once payment is received in full.
   5. We may reject your order, including in circumstances where we believe there may be a credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.
   6. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal return procedure outlined in the User Agreement (except for Cathay Pacific non-Hong Kong customers in which case we do not accept any returns). In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
   7. You acknowledge that all orders for goods through the Website are intended for personal, non-commercial and local use only, and quantity restrictions may apply as set out on the Website from time to time.
9. PRICE AND PAYMENT
   1. The prices of goods, delivery and other charges shown are in Hong Kong dollars, or for Cathay Pacific customers, in local currencies.
   2. The price of the goods you ordered is the price that is displayed on the Website at the time you confirm your order and will be stated on the e-mail order confirmation.
   3. All payments must be received in full prior to delivery of goods. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
10. PROMOTIONS AND DISCOUNTS
    1. Online offers and promotions may only be used at the Website and do not apply to purchases at other online or retail outlets. You may receive online offers and promotions which include a promotional or coupon code (the “Code”) for use when shopping at the Website. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your order.
    2. Special terms and conditions will apply to the use of the offer or promotion. Please read them carefully to make sure you can take proper advantage of these offers. None of the Code is transferable and, unless expressly stated, may not be used in conjunction with any other offers. If the Code is lost or stolen, it will not be reissued.
11. SUPPLY AND DELIVERY OF GOODS
    1. Subject to the User Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavors to meet indicated timeframes for delivery; however, we cannot guarantee that delivery timeframes will be met.
    2. We offer standard delivery free of charge to most residential and business addresses in the Hong Kong Special Administrative Region. We are unable to deliver items to areas not accessible by motor vehicles on paved roads. Please refer to Shipping & Delivery for details. For Cathay Pacific customers, please refer to the applicable Shipping & Delivery terms. 
    3. We deliver Monday to Friday, except Saturdays and public holidays. (Not applicable to Cathay Pacific customers)
    4. Erroneously communicated addresses are your responsibility and may lead to extra charges that will be recovered from you.
    5. We ship our products using third party logistics services, from Hong Kong. We require someone to sign for delivery. A delivery may be signed by you or an adult of 18 years of age or over present at the delivery address.
12. PACKAGING AND LABELLING
    1. We endeavor to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
    2. All goods are packed in carton boxes with good condition and appropriate packaging. No buyer's specific requirements will be entertained.
13. GOODS OUT OF STOCK
    1. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You will receive a full refund in the event we cannot fulfil your order.
14. CONSUMER PROTECTION
    1. Where the Hong Kong consumer protection laws provide certain guaranteed standards and protection to consumers when they purchase goods, your consumer rights will be respected.
    2. We offer additional commercial warranty on certain goods. For details, please refer to the warranty card attached to the goods.
15. PROCESS FOR RETURNS AND REFUNDS (not applicable to Cathay Pacific customers)
    1. A return can only be made within 7 days from receipt of goods by you if the goods have been purchased on the Website. For returns of goods purchased elsewhere, please contact the store of purchase.
    2. When seeking to return goods, you must complete the return form and submit it to our customer service team. We will provide you with a return authorisation and instructions on how to return your goods, with which you must comply.
    3. You must cover the cost of the return if it is due to a change of mind and the goods must be returned to us in their original condition (including authentic labels, use instructions, warranty cards and other hang tags) in order to obtain a refund.
    4. If you return goods on grounds of defects, we will either inspect the goods upon receipt and investigate any claimed defects or, where we believe it is applicable, rectify such defects. If a remedy is not applicable (for example, where we believe the goods have been misused or the defects are not covered by the warranty), we will reject your claim and return the goods to you. You must cover the cost of return shipping, and we will provide you with instructions on how to make this payment.
    5. Refunds will be arranged using the same payment method originally used for purchase. Generally, we aim to process refunds (also repair or replacements, as the case may be) within 30 days of receipt by us of the original goods. Please refer to Return & Exchange for details.
16. SOCIAL MEDIA AND CONTENT
    1. By using our Facebook page, Instagram page, Twitter feed, Blog, or forum or other like application or site that allows for the publication of user-generated material (the “Social Media pages”), you accept these additional terms and conditions.
    2. You understand that all information, such as comments, messages, text, files, images, photographs, videos, sounds and other material (the “media content”) posted on, transmitted through or linked from the Social Media pages, is the sole responsibility of the person from whom such media content originated.
    3. You also understand that we do not control and are not responsible for the media content made available through the Social Media pages unless it originates from us. Consequently, by using the Social Media pages, you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Social Media pages at your own risk and to the extent permissible at law, we do not accept liability in this regard.
    4. As a member or participant on the Social Media pages, you agree that you are responsible for any content posted on, submitted or made available through the Social Media pages via your account or otherwise and you must not post (or allow to be posted) content through your account that:
       1. you do not have the right to post;
       2. is defamatory or in contempt of any legal or other proceedings;
       3. is misleading or deceptive;
       4. is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, sexual orientation, age, origin, nationality or ethnic or national origins;
       5. denounces religious or political beliefs;
       6. contains religious or political material;
       7. is indecent, obscene, vulgar, pornographic or offensive;
       8. infringes any copyright, trademark, patent or other intellectual property right of another person;
       9. contains any unsolicited or unauthorised advertising or promotional material;
       10. contains or links to viruses, malware, spyware or similar software; or
       11. impersonates any person or misrepresents your relationship with any person.
    5. We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Social Media pages without giving any reasons.
    6. You understand and agree that we may retain server and backup copies of the media content you submitted even if you have altered, removed or deleted such media content from public display.
17. INTELLECTUAL PROPERTY
    1. All content, graphics, user and visual interfaces, photographs, trademarks, logos, artwork, and computer codes, including, without limitation, the design, structure, selection, coordination, expression and arrangement of such material contained or used on the Website is either owned and/or controlled by, or licensed to us, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trademark laws and various other intellectual property rights. We reserve all intellectual property rights, including, without limitation, copyright in material and/or services provided or authored by us. Nothing in the User Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, images, domain names or other distinctive brand features.
    2. Trademarks used by us on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
    3. You may not:
       1. modify or copy the layout or appearance of the Website nor any computer software or code contained on the Website; and/or
       2. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
    4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved goods or services we provide.
18. GENERAL
    1. We will not be liable for any delay in performing any of our obligations under the User Agreement if such delay is caused by circumstances beyond our reasonable control or otherwise stated.
    2. The User Agreement will be governed by and interpreted in accordance with the law of the Hong Kong Special Administrative Region. You irrevocably submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
    3. If any part of the User Agreement is found to be void, unlawful or unenforceable, then that part will be deemed to be severable from the balance of the User Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
    4. If we do not exercise or enforce any right or provision under the User Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under the User Agreement will only be effective if it is in writing and signed by us.
    5. The User Agreement is made for the benefit of you and us only. No one other than a party to the User Agreement shall have any rights to enforce any term of the User Agreement, whether under the Contracts (Rights of Third Parties) Ordinance or otherwise.
19. QUESTIONS, COMPLAINTS, COMMENTS OR CUSTOMER SERVICE CONTACT
    1. If you have any questions, or if you have technical problems in accessing information on the Website or the Social Media pages, please email us at info.HongKong@samsonite.com .
20. USE OF INFORMATION OR SUGGESTIONS BY YOU REGARDING THIS WEBSITE
    1. In the event you provide to us or post on the Social Media pages any material, information, suggestions or comments about the Website, the way in which we conduct our business, or the operation of the Website, we reserve the right to use such material, information, suggestions or comments in our absolute discretion, with no compensation or credit to you. You hereby grant to us a non-exclusive, perpetual, worldwide, royalty-free license to utilise and publish such information and material, in whole or in part. However, our use of information by which you may be identified (such as your name, address and telephone number), will be governed by the Personal Information Collection Statement and our Privacy Policy Statement.
21. USE OF YOUR SUGGESTIONS TO SAMSONITE REGARDING NEW PRODUCTS, FEATURES OR PROCESSES
    1. A submission will not in any way establish a confidential relationship nor will it place us in the position of receiving a submission in trust and we shall not be obligated and make no commitment to treat or maintain as confidential such submissions.
    2. We shall have the right to retain any material submitted to us, to make copies thereof and to retain the same in our files.
    3. No obligation is assumed by us or may be implied by the receipt or examination of the submission unless or until a formal written agreement is signed by us and by you, and then our obligations shall be only as expressed in that written agreement.
22. PRIVACY AND PERSONAL INFORMATION
    1. If you provide us with any personal information, the Personal Information Collection Statement and our Privacy Policy Statement will also govern how we may use or disclose that information. Please read and understand the Personal Information Collection Statement and our Privacy Policy Statement.