Fame Bros Limited B2B Terms & Conditions
AGREED TERMS
Unless agreed otherwise in writing, the following general conditions of sale shall apply to all sales concluded by Fame Bros. Ltd. Any orders placed with Fame Bros. Ltd and accepted by email as described in Article 3.5 imply complete acceptance of the present general conditions of sale.
1. ABOUT US
1.1 Company details. Fame Bros. Ltd (company number 1985621) (we and us), is a company incorporated in Hong Kong and our registered office at Hundsun International Centre Suit 1510, 14 Wong Chuk Hang Road, Aberdeen, Hong Kong SAR. Our main trading address is Hundsun International Centre Suit 1510, 14 Wong Chuk Hang Road, Aberdeen, Hong Kong SAR. Our VAT number is FR96830753521. We operate the website https://fame-bros.com.
1.2 Contacting us. To contact us telephone our customer service team at +852 3488 1636 or email (accounting@fame-bros.com). How to give us formal notice of any matter under the Contract is set out in Clause 14.2.
2. OUR CONTRACT WITH YOU
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
3. PLACING AN ORDER AND ITS ACCEPTANCE
3.1 Sending your legal information. You must first send us all legal information about your company (billing delivery, contact, VAT number and/or national registration number or equivalent). After receipt of all these information, we will send you an invitation to open an account. Account activation will allow you to proceed with order.
3.2 Placing your order. You can place your order directly by email (order@fame-bros.com) or on our B2B eCommerce platform (https://pro.fame-bros.com). Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
3.3 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.4 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 3.5.
3.5 Accepting your order. After the acknowledging receipt of your order, we will send you a second email with an invoice attached and a confirmation of the available stock. The price initially specified in our order may be modified in this invoice depending on the available stock. The invoice contains an estimate of the delivery charges, the amount of which is likely to increase according to the rates applied by the forwarder. Our acceptance of your order takes place when we send this email to you, at which point the Contract between you and us will come into existence.
3.6 Amendment of delivery charges. A third email including an adjustment of the delivery charges as set by the forwarder will then be sent to you.
3.7 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email or phone and we will not process your order.
4. OUR GOODS
4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2 % tolerance.
4.3 The packaging of your Goods may vary from that shown on images on our site.
4.4 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
5. DELIVERY, TRANSFER OF RISK AND TITLE
5.1 If the address for delivery set out in your order is located in European Union or in a country having concluded a specific agreement with the European Union:
(a) the delivery is complete once the Goods have been unloaded at this address and the Goods will be at your risk from that time.
(b) we will contact you with an estimated delivery date, which will be within ten (10) days after the date on which we email you to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 13 (Events outside our control) for our responsibilities when this happens.
5.2 If the address for delivery set out in your order is not located in European Union (excluding countries having concluded a specific agreement with the European Union):
(a) the delivery is complete once the Goods have been placed at your disposal at our warehouse and the Goods will be at your risk from that time.
(b) if you fail to take delivery within four (4) days after the day on which we notified you that the Goods were ready to be pickup, we may resell part of, or all the Goods.
5.3 In all cases, you own the Goods once we have received payment in full, including of all applicable delivery charges if any.
6. INTERNATIONAL DELIVERY
6.1 We deliver our Goods to many different countries (International Delivery Destinations). However, certain restrictions concerning the delivery of Goods to International Delivery Destinations are possible, due to the choice of certain national governments to limit or prohibit certain products in their territory.
6.2 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
7. PRICE OF GOODS AND DELIVERY CHARGES
7.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.
7.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
7.3 The price of Goods excludes VAT or any other applicable taxes, which (if any) shall be invoiced to or paid for directly by you at the prevailing rate.
7.4 The price of Goods:
• shall include delivery charges if the address for delivery set out in your order is located in European Union or in a country having concluded a specific agreement with the European Union.
• shall not include delivery charges if the address for delivery set out in your order is not located in European Union (excluding countries having concluded a specific agreement with the European Union).
7.5 Our delivery charges are advised to you as specified in Clause 3.5 and are likely to be amended as set out in Clause 3.6 after we accepted your order.
8. HOW TO PAY
8.1 You must pay for Goods by banking transfer as directed in the purchase order confirmation.
8.2 Unless otherwise specified in the invoice, you shall make all payments in Euros electronically to the following bank account:
• Beneficiary: Fame Bros. Ltd
• Company address: Hundsun International Centre Suit 1510, 14 Wong Chuk Hang Road, Aberdeen, Hong Kong SAR
• A/C number: FR76 1350 7001 0431 8254 9215 412
• BIC: CCBPFRPPLIL
• Bank: BPN (Banque Populaire du Nord)
• Address: AG TOURCOING- 00104, 847 Avenue de la République, 59700 Marcq en Baroeul , France
8.3 Unless otherwise specified in the invoice, you shall make all payments in Hong Kong Dollar or US Dollar electronically to the following bank account:
• Beneficiary: Fame Bros. Ltd
• Company address: Hundsun International Centre Suit 1510, 14 Wong Chuk Hang Road, Aberdeen, Hong Kong SAR
• A/C number: 848 532230 838
• SWIFT: HSBCHKHHHKH
• Bank: HSBC
• Address: 1 Queen’s Road Central Hong Kong
8.4 You must pay for Goods and all applicable delivery charges if any in full within ten (10) days of the acceptance of your order (as set out in Clause 3.5) unless otherwise specified in the invoice.
8.5 If you fails to make any payment due to us under the Contract by the due date for payment, you shall pay interest and have also to pay a minimum flat recovery costs indemnity of 50 (fifty) US Dollars or 40 (forty) Euros, both being due as of right, without notice. Interest on the overdue amount will be at the rate of:
• The Hong Kong Interests Rates on Judgments if your invoice is in Hong Kong Dollar or US Dollar.
• The European Commission Interests for Late Payment if your invoice is in Euros or Great Britain Pound.
9. OUR WARRANTY FOR THE GOODS
9.1 We provide a warranty that on delivery, the Goods shall:
(a) subject to Clause 4, conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be fit for any purpose held out by us.
9.2 Subject to Clause 9.3, following written notice within a reasonable length of time to discover any warranty non-compliance, as set out in Clause 9.1, we will respond to this notification by a case-by-case basis.
9.3 We will not be liable for breach of the warranty set out in Clause 9.1 if:
9.2 (a) you make any further use of the Goods after giving notice to us under Clause
(b) you alter or repair the Goods without our written consent;
(c) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(d) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
9.4 We will only be liable to you for the Goods’ failure to comply with the warranty set out in Clause 9.1 to the extent set out in this Clause 9.
9.5 These Terms also apply to any repaired or replacement Goods supplied by us to you.
10. OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
10.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) any other liability that cannot be limited or excluded by law.
10.2 Subject to Clause 10.1, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue; or
(b) loss of business opportunity; or
(c) loss of anticipated savings; or
(d) loss of goodwill; or
(e) any indirect or consequential loss.
10.3 Subject to Clause 10.1, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed [30%] of the price of the Goods.
10.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
11. TERMINATION
11.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within fifteen (15) days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
11.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
11.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
12. INTELLECTUAL PROPERTY RIGHTS – NON DISCLOSURE
12.1 You undertake not to reproduce all or part of the Goods you have purchased or been shown by us.
12.2 You also undertake to keep all the information, documents, concepts and techniques applied and/or disclose to you by us, and in doing so undertake not to disclose them directly or indirectly to any third party, in any manner whatsoever. The only exception to the above shall be information which is mandatory to provide to client in the course of the normal performance of the sale of the Goods.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than thirty (30) days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
14. COMMUNICATIONS BETWEEN US
14.1 Any notice or other communication given by one of us to the other under or in connection with the Contract:
(a) shall be in writing and in English (or be accompanied by an accurate translation into English);
(b) shall be sent for the attention of the contact and to the address and email address specified in Article 14.2.
(c) shall be:
i. delivered by hand; or
ii. sent by registered letter or another next working day delivery service providing proof of postage; or
iii. sent by reputable international overnight courier (if the notice is to be served by post to an address outside the country from which it is sent) providing proof of postage.
(d) unless proved otherwise is deemed received as set out in Article 14.3.
14.2 The address, email address and contact for service of notices are:
(a) FAME BROS. LIMITED
i. address: Hundsun International Centre Suit 1510, 14 Wong Chuk Hang Road, Aberdeen, Hong Kong SAR
ii. email address: order@fame-bros.com
iii. for the attention: Fabrice BENSOUSSAN
14.3 A notice is deemed to have been received (provided that all other requirements in this Article 14.3 have been satisfied):
(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the address;
(b) if sent by registered letter or another next working day delivery service providing proof of postage to an address in Hong Kong, at 9.00 am on the second working day after posting or at the time recorded by the delivery service;
(c) if sent by reputable international overnight courier to an address outside the country from which it is sent, on signature of a delivery receipt or at the time the notice is left at the address; or
(d) at the earliest of the date of the “Read Receipt” of a copy of the notification served as specified in Article 14.2, sent by email with “Delivery Receipt” and “Read Receipt”, and any of the dates above.
14.4 This Article 14 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
15. GENERAL
15.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
15.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
15.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
15.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
15.6 Governing law and jurisdiction. This Contract is governed by Hong Kong law. We can alternatively submit all disputes arising out of or in connection with this Contract to the jurisdiction of the Hong Kong courts or to the jurisdiction of the location of your registered office. You can submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the Hong Kong courts.