These are the Terms of Sale for TCT Research Limited, Unit 1010, Miramar Tower, Tsim Sha Tsui, Kowloon, Hong Kong. TCT Research Limited is the name we use to refer to our whole business, including TCT, TCT Research, Trans Cranial Technologies and Trans Cranial. When we use the words we or our, we mean TCT Research Limited.
These Terms of Sale were last updated on July 24th, 2012. We may change these Terms of Sale at any time. These terms apply to the purchase of TCT Research Limited products made through the website www.trans-cranial.com. We recommend that you read this document carefully before placing your order.
You will be subjected to the Sale Terms in force at the time you place your order with us.
Every order that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.
The final details of your order will be set out during the checkout phase of your order. Checkout and payment for your order is managed by a 3rd party payment processor and is subject to their practices and Conditions of use and their User Agreements. We reserve the right to cancel any order and/or refuse access to the website. It is your responsibility to inform us immediately if there are any errors in your order.
You may cancel an order, subject to the terms provided herein, provided a shipment date has not been scheduled. Upon receiving notice via email or through the contact form, we will refund the amount of your order within 5 working days, minus bank transaction fees if applicable.
All nonstandard customer-specific items are non-cancelable and non-returnable.
TCT Research Limited offers a limited one year guarantee against possible defects in materials and craftsmanship of all products. We cover third-party shipping damage. The guarantee starts from the date the product was purchased. In the event of a defect arising during the guarantee period, please contact TCT Research Limited by using the contact form on the website.
At our option and expense, we will replace or repair any defective or faulty product which results directly from defects in material or workmanship provided that we first be given written notice of such defects and shall have authorized the return as provided herein. The existence of a defect or fault shall be determined by TCT Research Limited at its sole discretion. Such determination shall be conclusive and not subject to reconsideration.
This limited guarantee does not cover any damage caused by misuse or neglect, accidents, abrasion, exposure to extreme temperatures or operating conditions outside of the normal limits, solvents, acids, water, normal wear and tear, cosmetic damage or third-party abuse excluding shipping damage.
This guarantee does not cover the cost of returning the product to our nominated repairs location. All freight and shipping charges incurred to repair or replace-warranted products are the sole responsibility of the buyer.
Any claim for breach of this warranty shall conclusively be deemed to be waived by the you unless written notice of the claimed defect is submitted to us within thirty (30) days after the date on which the defect is discovered.
This warranty shall be voided if the original Buyer transfers ownership of warranted products.
TCT RESEARCH LIMITED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TCT RESEARCH LIMITED MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE IN ANY DOCUMENTATION.
The price that you pay for the product will be the price that is displayed on the website during checkout. This detail will include product prices, local relevant sales tax and delivery.
Any discounts we offer are time-limited and are dependent on product availability. Accordingly, the price of such products may change from time to time.
>We will endeavour to ensure that all prices on our website are accurate. However, pricing errors may occur. If an error is found in the price of the product you have ordered, we will contact you as soon as possible. If a product’s correct price is lower than the price stated on our website, we will charge the lower amount to your debit or credit card and send the product to you. If a product’s correct price is higher than our stated price, then we will give you the option of either continuing with your purchase at the correct price or cancelling the order affected by the error. We will deem the order cancelled if we do not receive a response from you within 24 hours of our first attempt to contact you. In such a case, if applicable, we will refund the total amount we deducted from your debit or credit card.
All payment shall be made in United States dollars.
All products are fulfilled and delivered by a 3rd party shipping company. We generally aim to ship within 24 hrs, unless your item is indicated out of stock.
We shall be under no obligation to make any shipment when you are in default under any of the Terms of Sale.
RISK AND TITLE
Ownership of the Goods and the risk of damage to the Goods will pass to you upon delivery.
By entering into this agreement, you assume the role of importer. This means that you take responsibility for compliance with all applicable import regulations in your country, as the case may be. Import of our products may be restricted by the jurisdiction(s) in which you are located and/or the jurisdiction(s) to which you are importing. By entering into this agreement, you represent and warrant that you are aware of, and are acting in conformity with, any and all laws, regulations, interpretations, policies, or similar authorities in the country where you are located, including any amendments to such laws, regulations and policies.
IMPORT DUTY AND OTHER IMPORT RELATED FEES
You are responsible for the payment of any import duties and other import related fees or taxes that may apply to your order.
If you are not completely satisfied with any product you buy from TCT Research Limited, you can return it within 30 days of receipt for a refund (not including shipping costs). A 20% restocking fee will be charged.
For all returns, please use the contact form on our website. Returns will only be accepted when the customer has requested a RMA-number.
For your own protection, we recommend that you use a traceable shipping method to return your product to us. You are responsible for the cost of returning products, unless we delivered the items to you in error or they are faulty.
LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER TCT RESEARCH LIMITED NOR ANY PERSON OR COMPANY ASSOCIATED WITH TCT RESEARCH LIMITED SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE PRODUCTS PURCHASED ON OUR WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS TCT RESEARCH LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEB SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF TCT RESEARCH LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED AND BE LIMITED TO A SUM EQUAL TO THE AMOUNT PAID FOR THE PRODUCT. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME COUNTRIES. IN NO EVENT SHALL TCT RESEARCH LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SOLD PRODUCTS ARE EXCLUDED EVEN IF TCT RESEARCH LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INTELLECTUAL PROPERTY AND REVERSE ENGINEERING
No rights or licenses to any patents, designs, copyrights, or other intellectual property is conveyed through the sale of any product or services. You agree not to copy, reverse engineer, decompile, disassemble, create derivative works from, or emulate the functionality of the product or documentation.
You agree that it will not disclose or make available to any third party any confidential or proprietary information marked as such belonging to TCT Research Limited, including, but not limited to, drawings, data, or other information pertaining to purchase orders without obtaining our prior written authorization for such disclosure. You shall cause employees, agents and others having access to such information to be aware of, and to abide by, the terms of this paragraph and the one above regarding intellectual property and reverse engineering.
These terms are governed by the laws of Hong Kong and the Hong Kong courts shall have the exclusive jurisdiction to resolve any disputes arising out of or under it.
No waiver by us of any breach of these terms by you, is considered as a waiver of any subsequent breach of the same or any other provision.
We reserve the right to make changes to these terms at any time. You will be subject to the terms in force at the time you place your order with us.