Chili Concept Limited – Sales Terms & Conditions
1. General
These Terms and Conditions (“Terms”) apply to all sales of products by Chili Concept (“we,” “us,” or “our”) to any customer (“you” or “your”). By placing an order, you agree to these Terms.
2. Orders and Acceptance
- All orders are subject to acceptance by Chili Concept.
- Orders are confirmed once full payment or a deposit (as agreed) is received.
- We reserve the right to refuse any order at our discretion.
3. Pricing and Payment
- Unless otherwise stated, prices are listed in USD and exclude applicable taxes and shipping costs unless stated otherwise.
- Full payment or a deposit is required before production or dispatch.
- Payment can be made via bank transfer, PayPal (extra cost of 3%) or credit card (extra cost of 3%). Bank charges at origin are to be borne by buyer.
- Retention of Ownership: Chili Concept retains full ownership of all goods until payment has been received in full. If payment is not completed, we reserve the right to reclaim the goods.
4. Minimum Order Quantity (MOQ) and Order Adjustments
- Orders are subject to a minimum order quantity (MOQ), unless otherwise agreed in writing.
- Modifications to an order after confirmation may result in additional costs and revised delivery timelines.
5. Custom and Branded Orders
- Importance of Sales Contracts, Artwork and Samples: Sales contracts, pre-production artwork, and pre-production samples are essential documents that define the final product specifications.
- Customer Approval Responsibility: Claims will not be accepted if incorrect information is approved by the customer in the sales order, pre-production artwork, or pre-production samples. It is the customer’s responsibility to carefully review and confirm all details before approval.
- Approval Timelines and Delays:
o Customers are expected to approve pre-production layouts and samples within 48 hours of receipt to maintain the agreed delivery schedule.
o Any delays in approval will result in delays in the final delivery date, for which Chili Concept will not be held responsible.
- Once production has started, changes or cancellations may not be possible.
6. Lead Times and Delivery
- Estimated lead times are provided at the time of order confirmation.
- We are not responsible for delays caused by shipping providers or customs.
- Any additional duties, taxes, or import fees are the buyer’s responsibility.
- Storage Fees for Delayed Shipments:
o If a customer delays shipment beyond 15 days from the agreed dispatch date, Chili Concept reserves the right to charge storage fees.
o If the shipment is delayed beyond 60 days, Chili Concept may cancel the order without a refund.
7. Quality Control and Claims
- Our products are subject to quality control inspections based on the agreed Acceptable Quality Limit (AQL) level.
- Claims regarding defects will not be accepted if the defect level falls within the agreed AQL standard.
- If a defect exceeds the agreed AQL level, you must notify us within 30 days of receiving the order, providing detailed documentation and evidence.
- Claims are strictly limited to the value of the goods purchased and do not include shipping costs, taxes, import duties, customer profit, or any other indirect or consequential costs.
- We will review claims and, if necessary, replace or refund defective items at our discretion.
8. Warranty and Product Use Disclaimer
- Unless explicitly stated, Chili Concept does not offer any warranties on products.
- We are not liable for damage resulting from improper use, incorrect storage, or failure to follow usage instructions.
9. Rush Orders and Express Fees
- Expedited production and delivery requests are subject to approval and may incur additional fees.
10. Cancellation and Refund Policy
- Orders cannot be canceled after production has commenced.
- If an order is canceled before production, a cancellation fee of 50% may apply to cover administrative and material costs.
11. Intellectual Property and Confidentiality
- All designs, branding, and content created by Chili Concept remain our intellectual property unless otherwise agreed in writing.
- Any custom designs, branding, and artwork provided to or created by Chili Concept remain confidential and will not be shared with third parties without written consent.
12. Environmental and Sustainability Commitment
- Customers are encouraged to dispose of products responsibly.
13. Limitation of Liability
- We are not liable for any indirect, incidental, or consequential damages arising from the use of our products.
- Our liability is strictly limited to the value of the goods purchased.
14. Force Majeure
- We are not responsible for delays or failures caused by circumstances beyond our control, including natural disasters, strikes, or supply chain disruptions.
15. Non-Circumvention Clause
- By working with Chili Concept, the customer acknowledges that any suppliers, factories, or manufacturers introduced by Chili Concept are confidential business partners of Chili Concept.
- Customers agree not to bypass, deal directly, or attempt to circumvent Chili Concept to purchase goods directly from these manufacturers, either directly or indirectly, for a period of 3 years from the last order date with Chili Concept.
- Any breach of this clause will result in legal action and financial compensation equal to the projected loss of profit for Chili Concept.
16. Superseding Terms and Conditions
- These Terms and Conditions supersede any other terms and conditions presented by the customer, whether in writing, verbally, or implied.
- Any deviations from these Terms must be explicitly agreed upon in writing by an authorized representative of Chili Concept.
17. Governing Law
- These Terms are governed by the laws of Hong Kong SAR and any disputes will be resolved in the courts of Hong Kong SAR.
18. Customer Service & Continuous Improvement
At Chili Concept, we are committed to providing the best possible service and product quality. We welcome your feedback and suggestions for improvement. If you have any concerns or ideas, please reach out—we are happy to listen and improve wherever possible.