Note

The information on this website is protected by copyright law, intellectual property law and other laws of the Socialist Republic of Vietnam. Please indicate the source of Bkav when using information from this website. This website also references other sources of information, you are only allowed to use such information in the consent of related parties.

All trademarks, logos, Product names contained in this website are registered and licensed.

1. Scope

- These terms apply to the purchases of all products (including but not limited to hardware and/or software, download links, license keys, codes and Backup CDs) (hereafter referred to as "Products") or services (hereafter referred to as "Services") which are sold in this website (hereafter referred to as "Site") by: Bkav Corporation (Seller) to Customer (Buyer).

2. Offer, Order and Acceptance

- All prices and Products descriptions on this website do not constitute an offer and may be withdrawn or modified at any time prior to Bkav's acceptance of Customer’s order. Bkav cannot guarantee that all Products are in stock, but is doing its best to ensure the availability of the Products.

- Bkav reserves without liability the right to reject Customer’s order if Bkav is not able to process or fulfill it. In this case Bkav will refund any prior payment that Customer has made for Products (if any). Any order submitted by Customer to Bkav is an offer to purchase the Products on these conditions and is subject to Bkav's acceptance. Bkav's acceptance takes effect and the contract is concluded upon Bkav’s delivery of Products to Customer. Customer declares that all and any information provided by Customer when placing an order is up-to-date and materially accurate in order for Bkav to fulfill the order. Customer is responsible for maintaining and updating Customer’s account information for accuracy and completeness and keeping such information and any passwords secure against unauthorized access.

3. Price

- Prices payable for Products are those in effect at the time of receiving the order, unless otherwise expressly agreed or mentioned. Prices will be indicated on the website, but the final and the right price in the event of any discrepancy is the one notified to Customer on Bkav's Acceptance of your order.

- Bkav reserves the right prior to the order Acceptance to withdraw any discount and/or to modify prices, to take into account increases in costs including (without limitation) costs of any materials, delivery, increase or imposition of any tax, duty or other levy and any variation in exchange rates. Programming or data errors in our website may lead to inaccuracies in prices. When the price is inaccurate or substantially different from the market price, Bkav will, in general, honor the orders, but reserves the right to correct the price and offer to sell the products at the correct market price.

- Bkav will notify Customer of any errors in prices prior to product delivery. In such event, if Customer chooses to continue with the order, Customer accepts the new conditions and prices as notified by Bkav. Prices (unless stated otherwise) are in the currency quoted on the website.

4. Payment

4.1 Payment methods

The following payment methods can be selected when making orders: Cash On Delivery, Credit card (Visa/ Master card), ATM card (domestic) and bank transfer.

4.2 Payment Instruction

4.2.1 Cash on delivery

- When making order, fill in the information on "Order details" and select “Pay in cash” method (default) and then click "Order" button.

- On receiving your order(s), Bkav will contact customers to confirm the order details.

- Customer will pay the order amount directly to our delivery staff upon receipt of the Product.

4.2.2 Via Credit card

- When making order, please select “Credit card” under “Select card type”.

- On receiving your order(s), Bkav will check the payment transaction. Bkav will inform customers if the transaction failed. If the transaction succeeds, Bkav will deliver the Order according to the committed time.

4.2.3 Via ATM card

- When making order please select “ATM card (domestic)” under of Select card type.

- Conditions: Customer's card is registered for Internet Banking. We support ATM card payment to all banks via OnePay.

- On receiving your order(s), Bkav will check the payment transaction. Bkav will inform customers if the transaction failed. If the transaction succeeds, Bkav will deliver the Order according to the committed time.

5. Delivery

- Bkav's delivery team is nationwide available. Therefore, we are fully proactive in the delivery with the highest reliability.

6. Product Exchange/Return (Applicable for customers purchasing Bphone directly from Bkav via Bkav.com/Bphone, dealers and Bkav's showrooms)

Specific policy:

- Customers have the rights to RETURN or EXCHANGE products and receive full refund, specifically:

+ Return FREE 14 days for defective products (manufacturer's error, details).

+ Within 14 days, Customers can return/exchange if they are not satisfied with products. However, customers shall be charged a return/exchange fee of 500.000 Vietnam Dong to avoid unknown orders.

NOTE:

Products for Exchange/Return must satisfy the following conditions, applicable for all Products:

Customer can contact directly to Exchange/Return at the Warranty center:

7. Warranty policy (Applicable for customers purchasing Bphone directly from Bkav via Bkav.com.vn/Bphone, dealers and Bkav's Showrooms)

All Products, phone accessories provided by Bkav will be applicable to the preferential warranty policy in the following forms:

Smartphones sold within 3 days, if there are faults from the manufacturer, will be changed for a new one.

Smartphone is changed for a new one on the condition that the body is not scratched, the smartphone is within valid warranty condition, all accessories in the box remain sufficient and new, the box is intact; IMEI number on the box and on the body must be the same. Pad must remain inside the box to protect Product and there includes the valid invoice and warranty certificate.

Smartphones are warranted free of charge within 12 months since the date of activation. In which:

Products will be warranted if they satisfy the following conditions:

- We ensure to support technical issues related to the use of Products during the usage period.

- In need of support, Customer can contact directly Bkav’s Technical Support Team according to our telephone number or send information to email in Customer’s software copyright certificate or warranty certificate.

- On receipt of Customer’s support request, we will draw out the solution within 24 hours.

- Time of technical support: All days in week, 24/24h.

9. Liability

Under no circumstances and under no legal theory, contract, or faults, shall Bkav or Bkav’s affiliates that participate in the selling of the Products, be liable for any indirect, special, incidental, or consequential damages for Products not manufactured by Bkav.

Bkav or Bkav’s affiliates will be liable for damages caused by a breach of a material contractual obligation with Bkav’s intention or gross negligence, but the limit of the amount of damages is up to maximum the Product's value. This limitation of liability applies to all damage claims irrespective of their nature and continues in force notwithstanding termination of the contract. Customer shall indemnify Bkav against any liabilities, claims and costs incurred by or made against Bkav as a direct or indirect result of selling Products or performing services of Customer causing an infringement or alleged infringement of any proprietary rights of any third party.

10. Termination of contract

The transaction shall terminate when Bkav completes the Product delivery to Customer. For smartphone Bphone, if Customer returns the Product to Bkav within 14 days since the date of receipt of the Product from Bkav, it means the termination of the contract with Bkav.

Bkav can suspend or stop the delivery of Products in case Customer commits any act of bankruptcy (deed of arrangement with creditors, signal of assets liquidating) or if Bkav believes that Customer cannot pay the debts. Bkav also can in these cases terminate Customer’s order by a written notice sent to Customer by email or fax.

11. Ownership of products

The ownership of the Products will pass to Customer at the time Customer completes the payment in full of the price of the order (including interest or other payment due for the Product).

12. Complaints

Upon receipt of Products, Customer is responsible for checking Products delivered by Bkav and verifying Products’ condition in accordance with description and only with respect to apparent defects of Products and short of delivery. If Customer fails to notify Bkav about such defects within 15 (fifteen) days, Customer’s rights arising from defective Products or short of delivery are invalid.

For Bphone, the Product will be applicable to Warranty Policy when Customer informs Bkav of Product’s defects.

In case of short delivery or delivery of wrong products, Customers shall send complaints to Bkav, and Customer’s complaints will be solved in accordance with the relevant complaint policy applicable.

13. Notices

Any notice or other communications in relation to the contract between two parties may be sent by hand delivery, pre-paid post, fax or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for legal proceedings in the manner prescribed by law. Except as set out above in relation to the cancellation of customer’s orders, such notices or communications (where properly addressed) shall be considered as received:

- By hand delivery: On the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter);

- By pre-paid post: 5 days (working days) after the date of posting;

- By fax: On the date of delivery, the evidence is a successful transmission report (or, if this is not a working date, the first working date thereafter).

- By email: On the earliest when (i) the recipient acknowledges on receipt of the email; (ii) the sender receives an automated message indicating successful delivery or the email having been opened; or (iii) 48 hours after the expiry of transmission, provided that the sender has not received notification of unsuccessful transmission.

14. Applicable law

All and any disputes arisen out of or in connection with the contract between two parties will be settled first amiably in maximum 30 days from the starting date of dispute. If the amiable negotiations fail any such disputes shall be settled by the law and the courts from the territorial jurisdiction of Bkav's office, as the case may be.

15. General terms

The provisions of these terms are separated and the invalidity of any provision will not affect whatsoever the validity of other provisions. These terms represent the freely expressed will and it is the only terms between Bkav and Customer, while any previous terms, whether written or oral, are not obligatory, except in case they are included herein. Bkav reserves the right to change the present terms from time to time and will provide notice of material changes on the present website. Customer’s continuing the order placed on this website, after such notice has been posted constitutes Customer’s acceptance of the changes. Customer is not entitled to transfer or assign any rights and obligations under these terms to a third party, without the written approval of Bkav.