Sales Terms

1. General provisions

1.1 These Terms of Sale apply to the sale of any products (hereinafter referred to as "Products") listed on this website https://www.mybiten.com provided by Biten Limited (hereinafter referred to as "Biten", "the Company", "we", or "our"). Please read these Terms of Sale carefully before ordering any Products on this website. You should be aware that by ordering any Products from the Company on this website, you agree to be bound by the terms and conditions outlined below.

1.2 You should print a copy of these sales terms for future reference.  

1.3 If you accept the content of these sales terms, please click the "I Accept" button at the end of the ordering process. Please understand that if you refuse to accept these sales terms, you will not be able to order any products on this website.  

1.4 This website is operated by The Biten Group Hong Kong Limited. We are a registered company in Hong Kong. The Biten Group Hong Kong Limited is an affiliated company of The Biten Group Ltd., which is located in Biel, Switzerland.  

2. Your identity

2.1 When placing an order through our company's website, you represent and warrant as follows:

2.1.1 You possess the legal capacity to enter into binding contracts; and

2.1.2 You are at least eighteen years old.  

3. Procedure for purchasing and ordering goods

3.1 According to these sales terms, your order for products will be deemed as an offer to purchase the products.

3.2 After you place an order, you will receive an email from our company confirming that we have received your order. Please note that this does not mean your order has been accepted.  

3.3 Biten will make every effort to ensure the accuracy of product information on the day of publication, but is not responsible for errors in typography or photography. Product descriptions may change without further notice.   

3.4 Orders are subject to acceptance by Biten and the availability of the ordered products.

3.5 If the product you ordered is not available, our company will notify you via email. You have the option to either wait until the product becomes available or cancel the order.  

3.6 Our company will confirm the acceptance of your order via email (hereinafter referred to as the "Order Confirmation"). This email constitutes a binding contract between you and our company, and is subject to the other terms and conditions of this sales agreement.  

3.7 The products included in the contract are limited to those that the company has confirmed for delivery in the order confirmation. For any other products on your order, the company is not obligated to supply them until the company confirms their delivery in a separate order confirmation.   

4. Price and Payment

4.1 Subject to clauses 4.3 and 4.4, except for obvious errors, the prices indicated on this website from time to time are the prices of the products. When you purchase a product on this website, you must pay the indicated price and shipping costs (unless it is stated that shipping is free or included in the product price). If applicable, shipping costs will be added to the total amount according to the shipping, return, and exchange terms of our company, as indicated. The shipping, return, and exchange terms of our company are part of these sales terms and apply to any product purchase on this website.

4.2 Prices may change at any time, but orders that have been confirmed by our company and sent the order confirmation letter are not affected by price changes.  

4.3 Our website features a wide range of products. Despite our best efforts, some products listed on our website may have incorrect pricing. During our delivery process, we typically verify the prices. Therefore, if the correct price of a product is lower than the price we have listed, we will charge the lower amount when delivering the product to you. If the correct price of a product is higher than the price listed on the website, we reserve the right to decide whether to contact you for clarification before delivering the product or to reject your order and notify you.  

4.4 If there is an obvious error in the pricing indication and you can reasonably identify the error, even if our company has sent you an order confirmation, we are still not obligated to provide you with the product at the incorrect (lower) price.  

4.5 You can make payment using the payment methods described in the ordering process, and our company will indicate the price you must pay on the order confirmation. The bill for payment via credit card or Paypal account will be deducted after the ordered product is dispatched, while for other payment methods such as Alipay, Alipay HK, and Wechat Pay, the bill amount will be directly deducted at the time of ordering the product.  

4.6 All cardholders must undergo validity confirmation and authorized payment by the card issuer. If necessary for our company to conduct confirmation, we may share the personal information of credit card holders with third parties. (For details, please refer to our privacy policy on this website). If the credit card issuer refuses to authorize payment to our company, our company will not be responsible for any delay in shipment or non-shipment.  

4.7 Payment must be made before product supply. Our company will deduct the full payment from your credit card or Paypal account immediately before shipment. Our company may suspend shipment until full payment is received. If your order payment is not processed or you fail to make payment on time, our company may terminate the contract between you and us upon immediate written notice.  

4.8 The selling price of products on this website may differ from the selling price at Biten specialty stores in Hong Kong or authorized retailers of Biten products.   

5. Transportation

5.1 Our company will issue a shipping notification (hereinafter referred to as the "Shipping Notification") to you, confirming the shipping date (including the tracking number).  

5.2 You can choose between standard shipping and express shipping. Express shipping is only available in Hong Kong. Unless otherwise specifically agreed upon at the time of ordering, standard shipping to Hong Kong usually allows for receipt within 1 to 3 business days after the order date; for Macau, it is 3 to 5 business days (up to 30 days) after the order date. Express shipping is usually received in the afternoon of the order date (up to 7 days after the order date). Express shipping service is only applicable to orders placed before a specific time in the morning, and it is not available on Sundays or public holidays.  

5.3 The delivery destination shall be subject to the location specified in the order confirmation. Our company only delivers to within Hong Kong and Macao, excluding Sha Tau Kok Closed Area, Ta Kwu Ling, Man Kam To, Mai Po, Lok Ma Chau, Closed Area, Tung Ping Chau, Mui Wo, Lamma Island, Peng Chau, Cheung Chau, Tai O, Lantau Island, and post office boxes. To facilitate delivery practices, our company may ship several products from the same order in batches. We will inform you of the relevant arrangements on the shipping notice.  

5.4 If our company is unable to deliver on the scheduled arrival date stated in the order confirmation, and the revised arrival date has exceeded 30 days after the original order date (or 7 days after the original order date if you choose express delivery), our company will contact you and propose a new scheduled arrival date. If you reject the revised arrival date, and our company is unable to complete the delivery within 30 days from the original order date (or within 7 days from the original order date if you choose express delivery), or before the specially agreed arrival date (if applicable), you may cancel the order free of charge and receive a full refund. If the product is shipped in batches, unless otherwise expressly agreed upon when placing the order, the batches will arrive within 30 days after the order is placed.

6. Transfer of ownership and risk

6.1 The ownership of the product will be transferred to you upon our receipt of the full amount of the payable for the product (including shipping fees), or upon delivery of the product to you, whichever comes later. If you violate these sales terms, we may withdraw any supplied product at any time before the ownership is transferred.   

6.2 The risk of the product is transferred to you upon delivery. The risk referred to in this clause pertains to the liability for any damage caused to the product or resulting from the use, handling, or storage of the product.

7. Right to accept or cancel the product

7.1 If any product is lost, or if there is any damage or defect in the product, you must notify our company immediately after product delivery.   

7.2 If you enter into a contract as a consumer, you may terminate your contract with our company by sending a written notice (including email) within 14 days from the date of product receipt due to product defects, without any obligation or liability to Biten. You may use the cancellation form provided here.  

7.3 If you cancel your order, you must return the product in its original, undamaged condition (including any accessories included in the product price) along with proof of purchase. If not all accessories included with the product are returned, the company reserves the right to charge you for the missing items. Before returning the product, you must take reasonable precautions for the product.  

7.4 Upon the termination of your contract with our company, we will refund the amount paid to you within 14 days from the date we receive the returned product, or (if earlier) upon receipt of the return proof.  

7.5 Upon termination of the contract, you must return the product to us through the courier company we arrange. The returned product must not be sent to any other address and/or store.  

7.6 The detailed content of your right to cancel the order, as well as instructions on how to exercise it, are all stated in the order confirmation.

8. Our company's refund policy

8.1 When you return a product to our company (for example, because you have terminated your contract with our company; or you have notified our company in accordance with item 13 that you do not agree to any modifications to these sales terms or any of our company's policies; or you claim that the product is defective), our company will inspect the returned product and notify you of the refund details via email within a reasonable period. Unless you have otherwise explicitly agreed, our company will use the same method you used to pay for your order to refund any amount received from you. Our company will generally process the refund payable to you as soon as possible and in any case, within 14 days from the date our company receives the returned product, or (if earlier) upon receipt of proof of return, or upon our company confirming to you via email that you are entitled to a refund.

8.2 If you return the product due to product defects, our company will provide a full refund, including the shipping fee you paid for the product to be shipped to you (if applicable), and we will be responsible for paying the fees incurred by the courier company we arranged to retrieve the returned product.  

8.3 For products returned within the 14-day cancellation period (please refer to item 7.2 above), our company will provide a full refund, including the shipping fee for returning the product to you (if applicable).  

8.4 Before returning the product, you must take reasonable precautions for the product. If a watch is returned to our logistics center with its bracelet or strap damaged (not due to our negligence or omission) or not in its original condition, we reserve the right to refuse the return or to only refund the balance of the watch price after deducting the cost of a new bracelet or strap.

9. Our company's replacement policy

9.1 You may request a product replacement for any reason by sending a written notice (including email) within 14 days from the date of product receipt. The replacement product must be obtained from a designated specialty store of our company.  

9.2 If you wish to exchange a purchased product, you must return the product in its original, undamaged condition (including any accessories included in the product price), accompanied by proof of purchase and bear the associated costs. If not all accessories included with the product are returned, the company reserves the right to charge you for the missing items. Before exchanging the product, you must take reasonable precautions with the product.  

9.3 Purchased products can only be exchanged once for any product of lower or higher value. If you exchange for a product of lower value, no refund will be provided. If you exchange for a product of higher value, you must pay the difference between the original purchase price and the new purchase price.

10. Warranty, repair, and replacement

10.4 To claim warranty compensation, you may return the product to Biten. When claiming warranty compensation, you must provide proof of purchase that verifies the purchase date. Please note that the "International Warranty Card" accompanying each watch purchased online is not proof of purchase. Acceptable proof of purchase includes:

10.4.1 Original delivery note;  

10.4.2 Order confirmation;  

10.4.3 If there is no proof of purchase, the product can still be deemed to be within the warranty period based on its supply time.  

10.5 For any returns under the contract between you and our company, we will arrange for a courier company to retrieve the damaged products.

11. Liability for compensation

11.1 The Company's liability for any product purchased through the Company's website is limited to the purchase price of the product.   

11.2 The liability mentioned in the preceding paragraph shall not in any way exclude or limit the following liabilities of the Company:

11.2.1 Death or personal injury caused by the negligence of our company;

11.2.2 Fraudulent or fraudulent misrepresentation; or

11.3 Any attempt to exclude or exclude the company's responsibility is considered an illegal act.  

11.4 The Company shall not be liable for any loss of income or profit, loss of business, loss of earnings or contracts, loss of expected savings, loss of data, waste of management time or office time, or any indirect or consequential loss or damage of any kind, however arising, and regardless of whether it is caused by tort (including negligence), breach of contract, or other factors, even if it is foreseeable.

12. Supplementary Provisions

12.1 Transfer of Rights and Obligations. The contract between you and our company is binding on both parties, as well as on their respective successors and assigns. Without the prior written consent of our company, you may not transfer, assign, charge, or otherwise dispose of the contract, or any rights or obligations arising from the contract. Regarding any obligations or rights of our company under the contract between you and our company, our company may assign, subcontract, or transfer all or part of them to a competent third party, especially other affiliated companies of The Biten Group Ltd., provided that such assignment, subcontracting, or transfer does not have a negative impact on the provision of products or on your rights or compensation under this contract.   

12.2 Severability. If any part of the terms and conditions of this sales agreement, or any provision of the contract, is deemed illegal, invalid, or unenforceable for any reason, such provision shall be deemed severable from the remaining terms, conditions, and provisions, and the remaining terms, conditions, and provisions shall remain valid to the maximum extent permitted by law.

12.3 Written Communication. In accordance with relevant laws, certain information or communications transmitted by our company to you shall be in writing. By using our company's website, you accept that communications with our company are primarily transmitted electronically. Our company will contact you via email or provide you with information by posting announcements on our company's website. For the purpose of the contract, you acknowledge this electronic communication method, and you also confirm that all contracts, notices, information, and other communications provided to you by our company electronically comply with any legal requirements for communication in writing. This clause does not affect your statutory rights under the laws of the Hong Kong Special Administrative Region.  

12.4 Notices. All notices given by you to our company must be sent to The Biten Group (Hong Kong) Limited, (Biten Division), or by selecting "Contact Us". When our company gives you a notice, it will be sent to the email address or postal address you provided to our company when placing your order, or by any of the methods specified in Section 12.3. Any notice posted on our company's website, or sent by email within 24 hours, or sent by mail within three days, shall be deemed to have been received and officially delivered. In proving the delivery of any notice, the following shall suffice: if it is a notification letter, proof that the letter has been properly addressed, stamped, and delivered to the post office; if it is a notification email, proof that the email has been sent to the designated recipient's email address, shall be sufficient proof that the notice has been delivered.

12.5 Events beyond our control. If the Company fails to perform or delays the performance of any obligation under the contract between you and the Company due to events beyond our reasonable control, the Company shall not be liable for compensation or any other responsibilities. Such events include any act, event, non-occurrence, negligence, or accident beyond our reasonable control, particularly including (but not limited to) the following events:

12.5.1 Strike, lockout, or other labor disputes.  

12.5.2 Civil strife, riots, acts of aggression, terrorist attacks or threats of terrorist attacks, wars (whether declared or not) or threats of war or preparations for war.

12.5.3 Fire, explosion, storm, flood, earthquake, land subsidence, epidemic disease, or other natural disasters.   

12.5.4 Inability to use railway, ship, aircraft, automobile or other public or private transportation means.  

12.5.5 Inability to use public or private telecommunications networks.  

12.5.6 Any governmental decree, order, law, rule, or restriction.

12.6 During the occurrence of events beyond our reasonable control, the performance of any contract between you and us shall be deemed temporarily suspended, and we will extend the performance deadline accordingly. We will make reasonable efforts to bring the event to an end, or even if the event occurs, we will still seek solutions for us to fulfill our contractual obligations with you.

12.7 Waiver. If, at any time during the term of your contract with our company, our company fails to insist on your strict performance of any obligation stipulated in your contract with our company or any provision of these sales terms, or if our company fails to exercise any right or claim to which our company is entitled under your contract with our company, it shall not be deemed a waiver of such right or claim, nor shall it relieve you of the obligation to comply with such obligation. Our company's waiver of any breach of contract rights does not constitute a subsequent waiver of any breach of contract rights. Our company's waiver of any provision of these sales terms shall be invalid unless it is explicitly stated as a waiver and notified to you in writing in accordance with the provisions of item 12.4 above.  

12.8 Entire Agreement. These Terms of Sale, together with any documents expressly referenced herein, constitute the entire agreement between us regarding the subject matter of any contract between you and our company, and supersede any prior oral or written agreements, understandings, or arrangements between us. Both you and our company acknowledge that, at the time of signing the contract, there are no representations, warranties, or commitments made by any other party, nor any implied understandings, whether oral or written, in the negotiations between us prior to the signing of the contract, except as expressly stated in these Terms of Sale. In the event of any false statement made by either party prior to the contract date (except where such false statement is fraudulent), whether oral or written, neither party shall have any remedy, and the sole remedy for either party shall be limited to breach of contract under these Terms of Sale.

13. The company's right to amend these sales terms

13.1 The Company reserves the right to modify or amend these Terms of Sale from time to time.  

13.2 You must comply with the policies and sales terms in effect at the time you place an order with our company, unless any modifications to these policies or these sales terms are required by law or government regulations (in which case, they shall apply to any orders you have previously placed). Alternatively, if our company notifies you of any changes to these policies or sales terms prior to sending you the order confirmation (in this case, unless you notify our company within seven working days after receiving the product that you do not accept the changes, our company shall have the right to consider that you have accepted the changes to the sales terms).   

14. Third party rights

14.1 Except as expressly provided in Clause 14.2, notwithstanding any other provision of these Conditions of Sale, a person who is not a party to these Conditions of Sale ("Third Party") shall not have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any provision of these Conditions of Sale. For the avoidance of doubt, this provision shall not affect any rights or remedies of the Third Party that exist now or otherwise exist outside of the Ordinance.  

14.2 The successors and assigns of Biten may enforce any provision of these Terms of Sale in accordance with their respective rights. The servants, agents, employees, workers, and contractors of Biten may enforce any provision of these Terms of Sale for their own benefit, by virtue of the Contracts (Rights of Third Parties) Ordinance.   

14.3 Notwithstanding any other provision of these Terms of Sale, the consent of a third party is not required for the withdrawal or modification of these Terms of Sale.

15. Governing Law and Jurisdiction Court

15.1 These sales terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region. For any dispute arising from your contract with our company or these sales terms, you hereby irrevocably agree to submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

In the event of any discrepancy between the Chinese and English versions of the "Condition of Sale" in these sales terms, the English version shall prevail.