Terms and Conditions
TERMS
AND CONDITIONS OF ONLINE SALE, REDEMPTION & USE OF E-COUPONS
These Terms and Conditions shall apply when
you purchase or redeem our Products or use our e-Coupons through our Website.
Before placing any Order, please read these Terms and Conditions. Please note
that purchasing/redeeming any Products or using any e-Coupons through this
Website shall mean that you have read, understood and agreed to these Terms and
Conditions as well as our Privacy Policy and Terms of Use of Website. Any
Product purchased/redeemed from this Website shall be bound by all these Terms
and Conditions. In the event of discrepancy or inconsistency between these
Terms and Conditions and the Privacy Policy and/or the Terms of Use of Website,
the provisions of these Terms and Conditions shall prevail.
Hong Gardo Aromatherapy may periodically amend these terms and conditions. As you are bound by these terms and conditions, you should periodically review this page.
1.
Definitions
1.1 "Contract" shall mean a
contract agreed by you and us on the sale or supply of Products and purchase or
redemption of Products according to these Terms and Conditions.
1.2 “Delivery Address” shall mean the
address indicated in your Order which you wish the Products to be delivered to.
1.3 “Delivery Date” shall mean the availability
date for the Products to be picked up or delivered to you as informed by us by
email or phone.
1.4 “Intellectual Property” shall mean all
intellectual property rights of whatsoever nature, including (without
limitation) patents, designs, trademarks, database or copyrights, whether or
not registered or registrable by any means, and the right to file an
application for registration.
1.5 "Order" shall mean an
electronic online order submitted through this Website by you to
purchase/redeem our Products.
1.6 “Order Confirmation” shall mean the
email confirmation sent to you after your Order successfully accepted by us.
1.7 “Product(s)” shall mean the products,
peripherals of the products and/or other gifts available for sale/redemption on
this Website, and forming the subject matter of this Contract as identified by
you in the purchase/redemption order form.
1.8 “Terms and Conditions” shall mean the
terms and conditions stated herein.
1.9 “We”, or “us” shall mean Hong Gardo
Aromatherapy.
1.10 “Website” shall mean http://www.honggardo.com/
1.11 “You” shall mean you or any person who
purchase/redeem Products or use e-Coupons through this Website.
2.
Basis of this Contract
2.1 You wish to purchase/redeem Products
from us through this Website. Such transaction shall always be bound by these
Terms and Conditions. These Terms and Conditions shall be considered as an
important part of forming the Contract between you and us for the Products
purchase/redemption. It prevails any other terms and conditions in the order
issued by you. For the avoidance of doubt, these Terms and Conditions are not
applicable to any sale and purchase of Products effected at any other of our authorized
online sales channels or authorized dealers.
2.2 By placing an Order with us, you hereby
warrant and represent that:-
2.2.1 You have attained the age of 18 and
have the capacity and ability to enter into legally binding contracts;
2.2.2 The name and personal data you have
used when placing an Order with us is the same as on your identity card /
passport and credit card;
2.2.3 You understand that we shall only
sell and deliver the Products to end user customers; and
2.2.4 You will not resell or supply the
Products (including any parts thereof) outside the territory of the Hong Kong
Special Administrative Region, and will not resell or supply the Products
(including any parts thereof) to any person who you know or have reason to
believe may resell or supply the related Products outside Hong Kong.
3.
Placing Order
3.1 After completing the
purchase/redemption order form, you will need to click on the “Confirm Order” button.
If you click on that button, it indicates that you confirm the accuracy of your
Order. This will be your offer to purchase/redeem the Products as indicated in
your Order. Once you have clicked the button, you shall, to the fullest extent
permitted by the applicable law, neither cancel nor vary the Order howsoever.
We shall have sole and absolute discretion to accept or decline your Order
without giving any reason.
3.2. We will confirm our receipt of Order
after receiving your Order. Notwithstanding our confirmation of receiving your
Order and your provision of valid credit card and/or e-Coupons and/or
sufficient loyalty points, we can still refuse to accept the Order. If your
Order is successfully accepted, you will receive the Order Confirmation issued
by us in respect of related Products. A legally binding contract will not be
formed unless and until your receipt of our Order Confirmation in respect of
such Products.
3.3 Information contained in this Website
constitutes an invitation to treat only, which shall not be regarded as an
offer by us to supply any Products.
3.4 Our natural raw products maybe vary in
odor and/or colour due to seasonal and/or climate issues.
3.5 We make no guarantee that any Products
shown in the Website will be available for sale at any time. If we cannot
satisfy any Order for any reason, we reserve the right to cancel the Order and
shall not be liable to any person. If any Product specified in your Order is
not available, we will inform you. We will not be liable for any out of stock
Products.
4.
Price and Payment
4.1 Payment shall be made by using PayPal
or designed credit cards namely Visa, MasterCard and American Express and/or
e-Coupons. All prices quoted are in Hong Kong dollars.
4.2 In order to ensure the online payment
safety, Visa and MasterCard have respectively designed “Verified by Visa” and
“MasterCard SecureCode” services to authenticate your identity at the time of
transaction. You hereby represent and warrant that you are the legitimate
holder of the credit card that you use for payment of the Products.
4.3 You agree that your credit card payment
shall be processed by PayPal or such other service providers engaged by us from
time to time. You agree that your credit card particulars shall be passed to
the relevant financial institution through such service providers, without any
copy retained by us.
4.4 You agree to pay for every Order made
under your login account or credit card and agree to indemnify us for any
claims, losses and damages whatsoever arising from the actions of any person
placing any Order for the Products using your login account or credit card. You
shall be responsible for notifying your bank of and be liable for any changes
to your record, or loss, theft or unauthorized use of your credit card.
4.5 We will update this Website from time
to time including the specifications and prices of the Products. Please visit
this Website regularly in order to obtain the most updated and accurate
information.
4.6 We may at any time set credit limits
for you and/or restrict quantity of purchase/redemption of Products.
4.7 Upon our receipt of full payment
(including selling price and any other additional charges) of the Products, we
will arrange you to collect such Products.
4.8 When you receive/collect the Products,
we will provide the original receipt showing the payment for the Products to
you.
5.
Product Collection
5.1 You shall indicate on the means of
Product collection (either self pick-up or on-site delivery) in your Order.
5.2 If you select self pick-up, the Order
Confirmation issued by us will inform you of the Delivery Date.
5.3 If you select on-site delivery service,
the Products will be delivered either by our designated personnel or by other
designated delivery service providers engaged from time to time. Deliveryman
will confirm the time with you prior to the Product delivery. Delivery of the
Products in the same Order can be by one or multiple installments.
5.4 If we need to revise the Delivery Date,
we will inform you of the revised date as soon as possible. But the Delivery
Date of the Products shall not be the essence of the Contract and is only our
best estimate. Under no circumstances shall we be liable to you for any advance
or delay in respect of the Delivery Date (howsoever caused or whether or not
the same has been notified to you).
5.5 If you fail to collect the
purchased/redeemed Products within thirty (30) days of receiving Order
Confirmation, or if you fail to give us adequate or accurate delivery
instructions, then, without prejudice to any other rights or remedies available
to us, we may at our sole and absolute discretion to (i) store the Products
until actual delivery and charge you for reasonable costs incurred (including
insurance, and storage expenses); or (ii) cancel your Order and charge you for
any additional expenses incurred by us as a result of inadequacy or inaccuracy
of Order information or your failure to take delivery; or (iii) deal with the
uncollected Products by any means without any obligation or responsibility to
you (including without limitation refund of any amount paid or return of any
loyalty points deducted).
5.6 We shall be deemed to have properly
performed all obligations under the Contract upon delivery, and the Products
delivered shall be deemed to be correct and of satisfactory quality.
5.7 All risks in the Products shall pass to
you upon the Products being delivered to Delivery Address or being collected.
But we shall retain title in the Products until full payment has been received.
6.
Exchange and Return Policy
6.1 We strive to provide you with excellent
Products. If you are not satisfied with the Products quality and need to
exchange or refund, you must make request according to our Exchange and Return
Policy. Otherwise, Products will be deemed free of quality and specification
issues. This Exchange and Return Policy is your sole remedy in respect of all
liabilities and damages caused by any Product quality or specification issues.
6.2 Any exchange or refund claim not made
in the manner set out under Clause 6 shall be deemed invalid. We reserve our
right and discretion to decline any invalid exchange or refund claim. In the
event of any dispute hereunder, we have rights to make final decision.
6.3 If your Products need refund within
seven (7) days from the day of your receipt of the Products, you shall provide
the following information for return and refund:
Order Number
Customer Name
Email Address
Contact Number
Product Name and Quantity for request
return and refund
6.4 All return Products for refund must be
in intact condition, which includes unused, unopened and undamaged.
6.5 In case of return and refund, you need
to pay for the standard shipping fee or post to our company address at own
cost. Our company address is:
Room 15, 25/F, Block F,
Golden Bear Industrial Centre,
62-82 Chai Wan Kok Street,
Tsuen Wan, N.T., Hong Kong
6.6 Refund fee is 10% of the return Product
price.
6.7 After we have received the accepted return
Products, we will refund to the credit card you had used for the transaction of
the Order. Normally the credit card company may take 4 – 6 weeks to process.
6.8 After seven (7) days from the day of
your receipt of the Products, no exchange or return will be accepted.
7.
E-Coupon
7.1 E-Coupons must only be used by the
owner.
7.2 E-Coupons can be used for a limited
time only. Expired e-Coupons will be invalid. No refund or extension will be
provided.
7.3 Unless otherwise specified, e-Coupons
cannot be reloaded, resold, exchanged, transferred, assigned, redeemed or
converted to cash or used on any account except the account of e-Coupon owner.
E-Coupons cannot be used to purchase new e-Coupons.
7.4 If we reasonably believe that the use
of e-Coupons may involve any fraud, illegality or unauthorized acts, we reserve
our rights to refuse the use of such e-Coupons and request alternative ways of
payment during investigation.
8.
Warranty and Liability
8.1 Any conditions or warranties, whether
expressed or implied by statute, common law, trade custom, or otherwise,
including warranties of merchantability or of fitness for a particular purpose,
and any additional liability, compensation or indemnification, other than those
are expressly provided for in these Terms and Conditions, are, insofar as
permitted by law, hereby expressly rejected.
8.2 If you use any personal password to
gain access to this Website, we shall not be liable for any offline password
management. You shall ensure that your password is kept strictly confidential
to prevent unauthorized use. We shall not be liable for any loss or damages
whatsoever if any third party gains unauthorized access to this Website by
using your password.
8.3 The information provided on this Website
is for reference and educational purpose only, and is not for any diagnosis or
medical treatment purpose. Individuals receiving this information must exercise
their independent judgment in determining its appropriateness for a particular
purpose or use.
8.4 Our Products are not for medical
treatment purpose. Please do not substitute medical treatment.
8.5 We give no warranty as to the accuracy
of the information contained on this Website. We shall not be liable for any
liability arising from any inaccuracy or inconsistency of the information,
wilful damages, negligence, operation under abnormal conditions, any use that
do not abide by our written or verbal guidelines, or any incorrect use. The
digital images displayed on this Website are for reference only. Any
typographical error, clerical or other error or omission on this Website, any
sales literature, quotation, price list, acceptance of offer, invoice,
statement made during customer service or other document or information issued
by us shall be subject to correction at any time without any liability on our
part.
8.6 You shall be responsible for ensuring
the completeness, correctness and accuracy of all information provided in
connection with your Order, including without limitation, the Delivery Address,
recipient information and payment details. We shall not be liable for any
failure or delay or otherwise in discharging our obligations and/or performing
our duties under this Terms and Conditions if such default is in any way due to
the incomplete, incorrect and/or misleading information provided by you in respect
of the Order. You undertake to indemnify and hold us harmless and our relevant
third parties from and against all costs, losses and damages incurred or
suffered as a result of your provision of incomplete, incorrect and/or
misleading information in respect of the Order.
8.7 We shall not be liable for any losses,
damages, costs and expenses directly or indirectly suffered by you (including
but not limited to, loss of profits, loss of savings, loss of goodwill, loss of
revenue or loss of contracts incurred by you, whether anticipated or actual, or
any special indirect or consequential damages of any nature whatsoever) or any
action, claims and proceedings taken against you by any third parties in
connection with, incidental to and consequential upon the performance of us in
relation to these Terms and Conditions. Notwithstanding anything to the
contrary, to the extent permitted by law, our total aggregate liability in
contract, tort, equity or otherwise for any direct loss or damage arising out
of or in connection with these Terms and Conditions shall be limited to the
total amount paid by you in respect of the Products arising with problems.
9.
Force Majeure
If the performance by us under this Website
is prevented by reason of force majeure (which shall include fire, casualty,
accident, act of God, natural disaster, any law, order, declaration,
regulation, demand or requirement of the Government of the Hong Kong or Macau
Special Administrative Region or of any of its government agencies, strikes,
labour disputes, shortage of labour or lack of skilled labour, shortage or
unavailability of products or raw materials, delay in transit or other causes
whatsoever beyond the reasonable control of us), we shall not be liable from
such performance to the extent of such prevention.
10.
Copyright
Unless otherwise specified in end user
licence agreement of the Products, the sale or redemption of any Products shall
not include any right, title or interest in any of the Intellectual Property
rights found in or relating to such Products. All such copyrights and other
Intellectual Property rights shall at all times remain the property of Product
manufacturers. Reproduction of any Intellectual Property rights in the Product
in any manner is expressively barred. You shall be liable for all consequences
caused by your breach of Copyright Ordinance.
11.
Personal Data
The collection of personal data provided by
you will only be used for the purposes of notification, audit, record and
verification of identity for this Order and member registration (if applicable).
We will treat the personal data provided by you in accordance with the Personal
Data (Privacy) Ordinance (Cap. 486) and with our Privacy Policy, which shall be
amended from time to time.
12.
General
12.1 These Terms and Conditions, Privacy
Policy and Terms of Use of Website, together with the Order and Order
Confirmation shall constitute the entire agreement and understanding between
you and us in relation to the transaction of the Products and shall supersede
in all aspects all previous correspondence, understandings and agreements,
between you and us in respect of the same.
12.2 You shall not assign or transfer any
rights or obligations under these Terms and Conditions or the Contract to any
third party without our prior written consent thereto.
12.3 No failure or delay by us in
exercising any right, power or remedy under these Terms and Conditions or the
Contract shall operate as a waiver thereof, nor shall any single or partial
exercise of the same preclude any further exercise thereof or the exercise of
any other right, power or remedy. Without limiting the foregoing, no waiver by
us of any of your breach of any provision of these Terms and Conditions or the
Contract shall be deemed to be a waiver of any subsequent breach of that or any
other provision of the same.
12.4 The provisions contained in each
clause of these Terms and Conditions shall be enforceable independently of each
of the others and its validity shall not be affected if any of the others is
invalid. In the event any provision of these Terms and Conditions is determined
to be illegal, invalid, or unenforceable, the validity and enforceability of
the remaining provisions of these Terms and Conditions shall not be affected
and, in lieu of such illegal, invalid, or unenforceable provision, there shall
be added as part of these Terms and Conditions one or more provisions as
similar in terms as may be legal, valid and enforceable under the applicable
law.
12.5 The Products (including any of its
parts) provided under these Terms and Conditions are subject to the export laws
and regulations. Your rights to use the Products (subject to other obligations
listed in these Terms and Conditions) are conditioned upon your compliance with
all applicable export laws and regulations. You represent and agree that you
will not use, disclose, distribute, transfer, export, or re-export any portion
or all of the Products in any form in violation of any applicable export laws
and regulations. In addition, if the Products are identified as an export
controlled item under the applicable export laws and regulations, you represent
and warrant that you are not a citizen of, or located within, an embargoed or
otherwise restricted nation and that you are not otherwise prohibited under
such laws and regulations from using the Products.
12.6 These Terms and Conditions shall be
governed and interpreted by the laws of the Hong Kong Special Administrative
Region. You hereby irrevocably submit to the jurisdiction of the Hong Kong
Courts in connection with any disputes arising from or in connection with these
Terms and Conditions.
12.7 In case of any discrepancies occurring between the Chinese and the English versions of these Terms and Conditions, the English version shall prevail.
Date of update: 27 Jul 2017