Terms and conditions for online purchase
Terms and conditions for online purchase
This site (http://www.healthstore.hk) ("this Site" or "Health Store") has been especially designed by Health Store for Customers using its online shopping services. This Site is owned and operated by DKSH CL as Health Store ("Health Store", "we", "us" and "our").
If you wish to use the Health Store online shopping services or browse the Health Store online store or otherwise use this Site, please read these Terms and Conditions carefully before using this Site. By accessing, browsing or using this Site or any part of it, you agree that you have read these Terms and Conditions and that you accept and agree to be bound by them.
1 GENERAL
- In these Terms and Conditions, the following definitions shall apply:
1.1.1 “Affiliates” means any of our direct or indirect parent companies, our direct or indirect subsidiaries or affiliates, or any other entity that controls, is controlled by or is under common control with us, DKSH CL(whether through direct or indirect ownership of fifty percent (50%) or more of the shareholding or voting rights, or the right to control the management of the entity or to appoint or remove a majority of the board of directors).
1.1.2 “We”, “us”, “our” mean Health Store (http://www.healthstore.hk)
1.1.3 "Customer" means any person who accesses and uses this Site, and places an order with us including (without limitation) you.
1.1.4 "Legal Notice and Disclaimer" means the legal notice and disclaimer applicable to this Site and all matters and services related thereto, a copy of which is accessible via here.
1.1.5 "Price" means the applicable price of a Product as at the time of actual transaction denominated in Hong Kong dollars.
1.1.6 "Product(s)" means any and all products offered for sale on Health Store online store as at the time of actual transaction.
1.1.7 "User Account" means an account that a Customer applied for on this Site and established after our review and approval to provide more convenience to the Customer in using this Site.
1.1.8 “Site” means the website (www.healthstore.com.hk) operated by DKSH (Hong Kong) Limited under the name of Health Store and any related website linked to it.
1.1.9 “Terms and Conditions" means these terms and conditions, the Legal Notice and Disclaimer, the Terms of Use and the Privacy Policy.
1.1.10 “Terms of Use” means the terms of use of this Site, a copy of which is accessible via here.
1.2 All Products sold by Health Store through this Site are subject to these Terms and Conditions. By registering for a User Account or by submitting your order for processing at Health Store either as a registered user or as a guest user, you confirm that you have read, understood and agreed to the Terms and Conditions in effect as at the time you submit your registration for a User Account or your order for purchase, as the case may be.
1.3 These Terms and Conditions incorporate the Legal Notice and Disclaimer, the Terms of Use and the Privacy Policy, and as far as this Site (and all matters and services related thereto) is concerned, these documents shall prevail over any other document including any Health Store policy purporting to have a contractual effect in the event of conflict.
1.4 You agree to provide accurate, complete and up-to-date registration information to register and create your User Account. For payment purposes either as registered user or guest user, you shall provide Health Store with accurate and complete credit card information, and you represent and warrant to Health Store that your use of the credit card or anyone else's use of the credit card via your User Account (details of which have been supplied) is authorised and lawful.
1.5 Health Store has the absolute discretion to refuse or terminate registration of a User Account by any Customers, and/or to amend or cease operation of Health Store online store, delivery services and/or any services or functions provided via or in relation to this Site (in whole or in part), at any time, for any reason whatsoever and without any notice or liability to any Customers.
1.6 You agree that you are responsible for all activities carried out on or through your User Account, and you authorise us to assume that any person using this Site with your User Account is either you or is authorised to act for you or by you to do so. You agree to pay for every order made under your User Account and agree to indemnify Health Store for all claims, losses and damages whatsoever made by any third party arising from or in connection with the use of your User Account (whether or not authorised by you). You shall be responsible for safeguarding your User Account and registration information including your credit card details etc., provided to Health Store. You shall be responsible for notifying the bank of any changes to your records, or loss, theft or unauthorised use of your credit card.
1.7 Placing an order means you agree to purchase Products in accordance with the Terms and Conditions set out herein. After receiving your order, we will acknowledge receipt of your order. However, it is not an acceptance of your order. We shall make every effort to fulfil your order, but shall not be liable to you if we shall decline or become unable to fulfil an order for whatever reason, including supply shortage or supply modification, or consider unreliable for credit reason or otherwise in its sole discretion.
1.8 You shall ensure that your password to your User Account is kept strictly confidential to prevent unauthorised use, and shall regularly update your password. You shall immediately change your User Account password and notify us if you reasonably suspect that there has been any unauthorized access or use of your User Account and/or disclosure of your User Account password. Health Store shall use its best endeavours to prevent any unauthorised access to Healthstore.com.hk. However, notwithstanding the foregoing, Health Store shall not be liable for any losses or damages whatsoever if any third party gains unauthorised access to this Site or any User Account.
1.9 Products and Prices displayed on this Site are for reference only and are subject to alteration or modification as at the time of actual transaction.
1.10 In the event that your User Account is not used for a specified period (currently 24 months), we will, for your own and our protection, deem your User Account to be no longer in use and we will deactivate your User Account and all your accumulated points and/or e-vouchers will be forfeited (if applicable).
2 PRICE
2.1 Health Store shall make every effort to ensure that Prices, details and sizes of Products detailed on Health Store are up-to-date but Health Store reserves the right to vary the Price and other details of the Products or range of Products listed on this Site, without prior notice or any liability.
2.2 There may be discrepancies between the online bill and the final bill due to out-of-stock products, special offers and other unforeseen circumstances. Health Store reserves the right to adjust the online bill and such adjustments will be marked on the final bill presented to the Customer at the time of delivery, and the Customer shall be charged in accordance with such final bill.
2.3 All prices do not include delivery charges.
3 PAYMENT
3.1 Payment for Products ordered through Healthstore.com.hk shall be made by credit card(Visa & MasterCard), Paypal, Alipay, Wechat Pay, Union Pay and FPS.
3.2 Health Store may change at any time the method by which payments for orders at Healthstore.com.hk may be effected and such changes may be notified to you by e-mail, mailshots or by notice shown on this Site.
3.4 Where there are additional charges for delivery, such charges will be set out separately for your acknowledgment and confirmation prior to proceeding to payment.
4 Delivery SERVICE
4.1 Free delivery service will be provided for each order with net spending of HK$ 399 or above (only applicable for local order, after discount and after e-coupon/ promotion code discount).
4.2 All expected delivery dates and times are estimates only, and you will receive prior notification from us in relation to actual delivery arrangement once your order and delivery are confirmed. For any orders placed by you for delivery by Health Store, Health Store shall use reasonable endeavours to deliver the Products ordered to the delivery address provided by you, Health Store shall not be liable for any delays, change of delivery time or non-delivery for causes beyond its control.
4.3 Health Store (in its sole discretion) will only provide delivery to Hong Kong Island, Kowloon and the New Territories of the Hong Kong Special Administrative Region. Delivery service may not be applicable to Outlying Islands and remote areas, including Tung Chung, Ma Wan and Discovery Bay.
4.3.1 For industrial areas, the delivery hours shall be between 9:00am to 6:00pm for Monday to Saturday, except for some rural areas.
4.3.2 For residential areas, the delivery hours shall be between 9:00am to 8:00pm for Monday to Saturday, except for some rural areas.
4.3.3 Delivery service will not be provided on Sunday and public holiday.
4.3.4 If the customer requests to be reassigned to a different address after placing the order, an additional HK$10 will be charged as a surcharge.
4.3.5 No delivery service shall be available when typhoon signal No. 8 or Black Rainstorm Warning Signal is hoisted, or such other weather condition whereby delivery is considered unsafe by Health Store.
4.4 Health Store shall deliver the Products as listed on a Customer’s "My Shopping Cart" on this Site following the completion of an order. The Customer is required to include all purchase items (including free gifts and redemption items, if any) in the shopping cart when placing the order.
4.5 Subject to clause 4.1 above, delivery to building without lift might encounter delay in goods delivery.
4.6 All deliveries shall be made to the entrance of delivery address which you provided. You are required to sign off on the delivery note as receipt of the delivery (except where you have specifically instructed Health Store to leave the delivery outside the door, and you acknowledged that such delivery shall be at your own risk). You shall ensure that a person who is authorised to receive the order is present at the specified time of delivery to receive the order and sign off the delivery note. If no person is present, the delivery shall be withdrawn and attempted at another time agreed. In such circumstances, Health Store reserves the right to charge you an extra delivery fee.
4.7 You shall notify Health Store promptly via our customer service by sending email to CS@healthstore.com.hk or by phone at 28959732 of any changes to the information provided including delivery address so that we can communicate with you effectively and to deliver the Products to you.
4.8 Health Store reserves the right to decline delivery of the Products to any Customers at its sole discretion absolutely. In case of any dispute, the decision of Health Store is final and binding.
5 CANCELLATION OF ORDER
5.1, The customer will not be able to cancel it without the approval from Health Store.
5.2 If the Product ordered by the Customer is unavailable, the Product will be deleted from the Customer's order and the bill will be adjusted accordingly.
5.3 All discount items, free gifts and redemption items are subject to stock availability. No substitution and no prior notice will be made if stock is not available.
6 TITLE
6.1 All risks in the Products shall pass to the Customer upon delivery or collection of the Product by the Customer but Health Store shall retain title in the Products until full payment has been received.
7 RETURN OF PRODUCTS / REFUND
7.1 Under normal circumstances, unless approved by Health Store at its sole discretion, Health Store will not accept any request for return or refund of Products upon delivery or collection of Products.
7.2 Images of Products on this Site may not correspond exactly to Product description and are for general reference only. The Customer shall not be entitled to return a Product or refund on the basis that it does not correspond exactly to its online image.
7.3 This Site and all information on this Site and in relation to the Products are provided "as is" and for general reference only. We provide no warranties, representations or undertakings in relation to their accuracy or availability, or that they will be error-free and/or any errors will be fixed. To the fullest extent permitted by applicable law, Health Store shall assume no obligation or liability for any advice or information provided with Products displayed on this Site and shall not be responsible for any inaccuracy or misstatement of any such information.
7.4 Health Store shall use reasonable efforts to ensure that orders are correctly fulfilled and shall deal with any discrepancies in the following manner, provided they are reported via the below channels in accordance with the timelines specified below:
7.4.1 If any Product proves to have been delivered or provided for pick-up in a damaged condition, expired, omitted in the delivery/pick-up, or if a wrong Product is delivered/provided for pick-up, Health Store shall refund to the Customer the Price of that subject Product or replace the subject Product.
7.4.2 Customers can raise the refund request by logging in Health Store, check the order history, look up for the corresponding order and follow the instruction to submit the refund request within 14 days of receipt of the delivery or pick-up. Customer can also contact our customer service for refund request within the aforesaid 14 days by sending email to CS@healthstore.com.hk or by phone at 2895 9732.
7.4.3 If any Product which was not included in the Customer's order is delivered to the Customer or by mistake, Health Store reserves the right to collect those Products.
7.4.4 Health Store will not refund or rectify discrepancies as aforesaid 14 days after delivery.
7.4.5 All gift items / stamps must be returned together with the returned Products. Otherwise Health Store reserves the right of final decision in refund approval.
7.5 Health Store's total liability to any Product delivered/picked up in the aforesaid circumstances is limited to refund of the Price of the Product or replacement specified above. All other remedies are expressly excluded.
7.6 Refunds shall be credited to the same credit card account which the Customer used for placing the order.
7.7 In case of dispute, Health Store reserves the right of final decision.
8 Personal Data and information
8.1 In order to use this Site or register with us and create a User Account, it is necessary to provide us with the personal data that is indicated as “mandatory” on the registration or payment page on this Site. If you are unable or unwilling to provide us with complete and correct personal data that is indicated as “mandatory” on the registration or payment page, we may not be able to register a User Account for you or provide you with some of our services.
8.2 You expressly agree and acknowledge that all personal data collected by Health Store shall be managed in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) and the Privacy Policy which is accessible here, which may be amended from time to time.
9 FORCE MAJEURE
9.1 Health Store online store shall not be liable for any delay or non-performance of its obligations under the Terms and Conditions or this Site (including, without limitation, delivery or pick-up of an order), to the extent that such delay or non-performance is due to any circumstances beyond the reasonable control of Health Store (which shall include, but not be limited to, fire, casualty, accident, act of God, natural disaster, pandemic, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong 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 (whether similar to the foregoing or not) beyond the reasonable control of Health Store).
10 VARIATION OF TERMS AND CONDITIONS
10.1 Health Store reserves the right to amend these Terms and Conditions in its sole discretion and without prior notice to Customers. You are reminded to review the Terms and Conditions prior to submitting any order or registering a User Account. Once an order is placed or a User Account is registered, you are deemed to have accepted the Terms and Conditions prevalent at the time.
11 THIRD PARTY RIGHTS
11.1 Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, these Terms and Conditions are personal to and are made solely for the benefit of the parties to them and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any term of these Terms and Conditions are expressly excluded and no terms of these Terms and Conditions are, or are intended to be, enforceable by any person not being a party to them. Notwithstanding the foregoing in this paragraph, third party rights under these Terms and Conditions shall be enforceable by DKSH CL and/or an entity which, as at the time of enforcement, is a direct or indirect wholly-owned subsidiary of DKSH CL in accordance with the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to these Terms and Conditions, or any term of these Terms and Conditions, are not subject to the consent of any third party (including DKSH CL and/or any of the wholly-owned subsidiaries at all times). The term "subsidiary" shall have the same meanings as in section 15 of the Companies Ordinance (Chapter 622) as amended from time to time.
12 APPLICABLE LAW
12.1 These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and you and Health Store agree to submit to the exclusive jurisdiction of the Hong Kong courts.
13 GENERAL
13.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, it shall be severed from these Terms and Conditions and shall not affect the remainder of the Terms and Conditions which shall continue in full force and effect.
13.2 A failure or delay by us to exercise any right or to act upon a breach under these Terms and Conditions will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of these Terms and Conditions must be in writing, and such waiver is limited to the particular right or breach stated in these Terms and Conditions.
13.3 We have the absolute discretion to make changes to any of these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions is available on this Site.
13.4 These Terms and Conditions set out the entire agreement relating to the supply of goods to you by us via this Site and they supersede all previous negotiations, representations and agreement between the parties.
