Terms of Sale
Last update November 26, 2020 Effective date November 26, 2020
Please read the following important terms and conditions before you buy anything on our Website, and check that they contain everything that you want and nothing that you are not willing to agree to.
For the purpose of these Store Terms, wherever the context so requires “you“, “your“ or “user” shall mean any natural or legal person who has agreed to buy our products by placing an order on our Website. The terms “we”, “us”, “our” or “Herman Miller” shall mean POSH Office Systems (Hong Kong) Limited, a company registered under the laws of Hong Kong and having its business office at No. 4707-13, 47th Floor, HOPEWELL CENTRE, No. 183 Queen’s Road East, Wanchai, Hong Kong. These Store Terms apply to the orders placed within Hong Kong.
The Herman Miller Store protects the security of your transmitted information by using Secure Sockets Layer (SSL 128-bit Encryption) certificates. The certificates encrypt all information that is gathered. We do not reveal the credit card number during order confirmation. The computer servers that store user data are protected by firewalls. In order to protect against unauthorised access to your account, it is recommended that you close the browser when you have finished using the Website.
Orders can be placed through the Herman Miller Store via the Shopify Plus payment gateway. If placing orders through the Herman Miller Store, you will use a secure order form, which requires you to provide contact, billing and credit card information. This information is transmitted to your credit card company to authorise the purchase. We require your phone number to protect us and you from possible fraud. These security measures are intended to prevent anyone from stealing and using your credit or debit card information. Although security is in place, we cannot guarantee the safety of your payment information online. In the event of unauthorised use of your credit or debit card, you must notify your credit or debit card provider in accordance with their reporting rules.
We have made every effort to display as accurately as possible the colours of our products that are shown. We cannot guarantee that your computer monitor's display of any colour will be completely accurate. To order material samples, please contact the Customer Service team by emailing to email@example.com.
See the Herman Miller Warranty for specific information regarding coverage of the products you purchase from the Store.
Prices listed are in HKD and apply to orders shipped within Hong Kong. All pricing errors are subject to correction.
In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error, we have the right to refuse or cancel any orders placed for products listed with the incorrect information or price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card account has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your account for the amount of the charge.
Privacy and personal information
Our Privacy Notice is available at https://www.millerknoll.com/en-GB/legal/privacy/privacy-notice.
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice and applicable privacy law, which explains what personal information we collect from you; how and why we collect, store, use and share such information; your rights in relation to your personal information; and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
You are able to select products on the Website and add them to your basket. You may place an order for those products by selecting the Pay Now button at the end of the check-out process, which includes a series of simple instructions in order to complete the check-out process. Upon completion, we will send an order confirmation to your registered email detailing the products ordered. Once your product has shipped from our warehouse, we will send you an order acknowledgement email. Order acceptance and completion of the contract between you and Herman Miller will take place upon the dispatch of the products ordered unless you have cancelled such order in accordance with these Store Terms, or we have notified you that your order has not been accepted by us. Orders may be rejected because: (a) the product you ordered is no longer available or is temporarily out of stock, provided that instead of cancelling your order, we may notify you of a delay in delivery; (b) we are unable to obtain authorisation for your payment; (c) we have identified a pricing or product description error; (d) you do not meet the eligibility criteria in order to place an order as set forth in these Herman Miller Store Terms.
By making an offer to buy a product, you expressly authorise us to transmit information (including any updated information) to or to obtain information about you from third parties according to our Privacy Notice from time to time, including but not limited to your credit or debit card number or credit reports, to authenticate your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorisation, and to authorise individual purchase transactions.
Some of our furniture is built to order, and these products will have a lead time, which is the time necessary to build the product and deliver it to you once you've placed an order. Availability of these products is subject to change without notice. We will notify you of any corrections or changes and ask for your approval before we complete your order. Other products shown on the Herman Miller Store are only available while supplies last, and we cannot guarantee that any product displayed in the Herman Miller Store is available at the time it is displayed.
Shipping and Delivery of Goods
You should ensure that delivery address is clear and accurate. Additional charge will be imposed if we have incurred extra costs due to unclear and/or inaccurate address provided by you.
We shall deliver the Products to you by one single visit pursuant to the delivery date and delivery address as specified in the relevant Invoice during normal working hours from 9 am to 6 pm excluding Statutory, Sunday and public holidays. We are entitled to charge you a delivery fee which we think fit but in any event not less than HK$200 per delivery. We reserve the right to make an additional charge if we incur costs or expenses additional to those that we are reasonably expected to incur. The additional costs and expenses shall include (but shall not be limited to) those that are occasioned by:-
- Our compliance with your request for delivery outside our normal delivery pattern or trading hours, or by instalments;
- Your failure to take or accept delivery;
- The delivery address is situated at outlying islands or in our reasonable opinion, not easily accessible by public transport; and
- You keeping our delivery vehicle waiting for an unreasonable time or causing our delivery vehicle to return without completing delivery.
You undertake to provide the necessary labour for unloading the Products and to ensure that unloading to be completed with reasonable dispatch.
The Products shall be, shall be deemed to be, delivered when we dispatch them to you.
We shall not be liable for any loss or damage whatever due to our failure to deliver the Products (or any of them) promptly or at all. Notwithstanding that we may have delayed or failed to deliver the Product (or any of them) promptly you shall be bound to accept delivery and to pay for the Products in full.
No delivery of service is available when typhoon signal No.8 or above or black rainstorm warning is hoisted. You shall contact firstname.lastname@example.org and quote your order number for rescheduling of the delivery date.
Delivery dates and times are given in good faith but are estimates only, and their observance shall not be of the essence. Our failure to conform to the delivery times and dates shall not give rise to any liability on our part (whether in respect of direct and indirect losses alleged to be suffered by you).
Upon receipt of the Products, you or your authorized person should inspect the quantity and quality of the Products carefully. By acknowledging receipt of the Products by you or your authorized person, we are discharged from liability in respect of shortage, loss or damage.
If you fail to take delivery of the Products or give us adequate delivery instruction, we may store the Products at your risk for not more than 15 days after the scheduled delivery date. Thereafter, we are entitled to charge you a storage fee at 5% per week on the price of the Products as stated on the Invoice. If you fail to take delivery or give us any or any adequate delivery instruction within 30 days from the date of the invoice, the deposit paid to us on the Products ordered and the Products shall be forfeited upon expiry of the said 30 days without any further prior notice.
A valid form of payment and pre-authorisation of funds is required prior to acceptance of an order. We accept only Visa, MasterCard and American Express credit cards at the Herman Miller Store, which may be subject to validation checks and authorisation by the card issuer. Funds will be charged to this method of payment upon order confirmation. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery of the product.
Revisions, Cancellations, Refusal of Transaction
If you need to cancel or modify your order due to the reasons mentioned under Returns and Refunds, please contact Customer Service on +852 9729 1767, or by email at email@example.com, as soon as possible. We reserve the right to withdraw any products from this Website at any time and/or to remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party in the event we: (a) remove a product from this Website whether or not that product has been sold; (b) remove or edit any Website content; or (c) refuse to process a transaction or unwind or suspend any transaction after processing has begun.
Returns and Refunds
Except as provided herein below, no cancellations or changes to any order placed through Herman Miller Store will be accepted after delivery of products to you:
- Any product purchased from the Website can be returned to Herman Miller if the product supplied by Herman Miller is damaged, defective or the product received is different from the product that was ordered. You shall return the product within ten (10) calendar days of receipt of Product, by contacting Herman Miller contact Customer Service by email at firstname.lastname@example.org.
- The User shall ensure that he/she does not accept the delivery of any Product whose original packaging is damaged or tampered in any manner.
iii. In the event if User, on removing the packaging of the Product, finds the Product is damaged and/or defective and/or is different from the Product that was ordered, User shall immediately intimate Herman Miller Customer Service about such damage and/or defect and/ or difference and Herman Miller will arrange for the replacement of the Product or refund of price of the Product along with shipping charges, if any, collected by Herman Miller in the unlikely event of Herman Miller being unable to replace the damaged and/or defective Product.
To facilitate your return, please contact our Customer Service team directly before you attempt to return a product and to obtain a return material authorisation number for you to include with your return. Please return product(s) to us in their original or equivalent packaging. You are responsible for risk of loss, but shipping and handling fees for returning or exchanging product(s) is covered by Herman Miller. If you fail to follow the return or exchange instructions and policies, we are not responsible for a product that is lost or damaged. Refunds will be given in the original payment form and applied when the product arrives at our facilities.
Herman Miller and/or its affiliates, associate companies and its directors, officers, employees, partners, advisors, agents, dealers, consultants, contractors and/or suppliers shall not be liable for any failure and/or delay on their part in performing any of their obligations under these Store Terms and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason thereof if such failure and/or delay shall be the result of or arise out of a Force Majeure Event set out herein.
Explanation: "Force Majeure Event" means any event due to or arising from any cause beyond the reasonable control of Herman Miller and/or its affiliates, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, epidemic, pandemic, acts of God, civil commotion, strikes, lockout and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions, lockouts, breakdown and/or hacking of the Website and/or contents provided for buying the products and/or availing the services under the Website, or any other cause or circumstances beyond the control of Herman Miller and/or its affiliates hereto which prevents timely fulfilment of obligations of Herman Miller and/or its affiliates hereunder.
Limitation of Liability
In no event shall Herman Miller, its affiliates, associate companies and its directors, officers, employees, partners, advisors, agents, dealers, consultants, contractors and/or suppliers and their respective officers, agents, directors be liable with respect to the Website, products and/or any services available on the Website:
for any amount in the aggregate in excess of the price paid by the User for the product(s) through the Website in a single transaction; or for any indirect, incidental, punitive or consequential damages of any kind whatsoever, including but not limited to loss of use, revenue or profit, goodwill and/or other intangible losses arising out of or in any way connected with the use of this Website, products and/or the services available on the Website and/or the Store Terms or with the delay or inability to use this Website, or for any information, materials and/or products uploaded, posted, emailed, transmitted and/or obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Herman Miller, its parent company, subsidiaries, affiliates, associate companies, advisors, agents, consultants, contractors, dealers, partners and/or suppliers had been advised of the possibility of damages. If the User is dissatisfied with any portion of the Website or with any of these terms & conditions, the User's sole and exclusive remedy is to discontinue using the Website.
The aggregate liability of Herman Miller and its dealers, affiliates, associate companies, from any cause whatsoever arising under these Store Terms, shall not in any event exceed a sum equivalent to the amount paid by the User through the Website for any product and/or services to Herman Miller and/or its dealers under these Store Terms.
For the avoidance of doubt, nothing in these Terms shall limit our liability for personal injury or death arising out of negligence or fraud or for any other damage which cannot be limited or excluded by applicable law.
When you use the Website or send emails or other data, information or communication to Herman Miller, you agree and understand that you are communicating with Herman Miller through electronic records and you consent to receive communications via electronic records from Herman Miller periodically and as and when required. Herman Miller will communicate with you by email or electronic records on the Herman Miller Website, which will be deemed adequate service of notice/electronic record.
If we intend to use the personal data we collect from you for our direct marketing purposes, we will obtain your prior consent (or expression of no objection).
For further details on how we use your personal data, please refer to our Privacy Notice.
Intellectual Property Rights
The Intellectual Property Rights shall include the following –
Herman Miller, its holding, affiliates and associate companies are owners of all trademarks, service marks, logos and the goodwill associated with it which appears on the Website.
Herman Miller does not and shall not assign/grant to anybody any licence and/or right to use any of these trademarks, service marks, logos and the goodwill associated with it for any purpose whatsoever.
The content of the Website including programs, designs, content, process flow, pictures, images, text, videos, audio, music, etc. are exclusively owned by Herman Miller and/or its holding/affiliate companies. The intellectual property rights/copyrights of Herman Miller and/or its holding/affiliate companies shall be protected and regulated by the relevant applicable laws of Hong Kong. The User shall not have any right to copy, distribute, assign, reproduce, transfer, license/sub license and/or use, in any manner whatsoever, any copyrighted materials of Herman Miller and/or its holding/affiliate companies which appear on the Website.
All the information and content disclosed on the Website is proprietary in nature and solely belongs to Herman Miller and shall not be used and/or copied and/or tampered with in any manner.
Links to other websites
The Website may contain hyperlinks to websites operated by persons other than Herman Miller (hereinafter referred to as the "Web Links"). Such Web Links are provided for the User’s reference and convenience only, and they do not constitute as any recommendation and/or advice and should not be relied upon in making and/or refraining from making any decision. Herman Miller reserves its right to remove any such Web Links at any time without giving prior notice. Herman Miller is not under obligation to review the contents of Web Links and therefore does not control the contents of those Web Links. The User leaving the Website by clicking on Web Links and visiting the respective internet websites and using those Web Links shall be regulated by terms provided on the respective websites. Herman Miller neither acts as publisher of the content of those Web Links nor endorses any representation published on those Web Links. The User agrees, acknowledges and understands that neither Herman Miller nor any of its affiliates or dealers are responsible or liable, directly or indirectly, for any damage or loss of any sort caused in connection with the User's use of or reliance on any content of any such Web Links or goods or services available through any such Web Links, and the User confirms that any access of Web Links by the User shall be entirely at the User’s own risk.
Applicable Law and Place of Jurisdiction
Store Terms shall be governed by and interpreted and construed in accordance with the laws of Hong Kong. The place of jurisdiction shall be exclusively in Hong Kong.
No one other than a party to these Store Terms has any right to enforce any clause of these Store Terms. You agree that nothing in these Store Terms confers or purports to confer on any third party any benefit or any right to enforce any of these Store Terms pursuant to the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong).