E-SHOP TERMS AND CONDITIONS

1. General

In these terms and conditions and the Special Conditions (as defined below) (collectively referred to as the “E-Shop Terms and Conditions”), “PuraPharm International (Hong Kong) Limited” or “we” or “us” means PuraPharm International (Hong Kong) Limited and their subsidiaries and the "customer" or “you” means any person, firm, company or body which places an order with us. Please read these E-Shop Terms and Conditions carefully before using the website or our mobile app (as the case may be) (collectively “E-Shop”). By using E-Shop or any part of it, you agree that you have read these E-Shop Terms and Conditions and that you accept and agree to be bound by them.

We shall endeavour to ensure that prices, details and sizes of products at E-Shop are up-to-date. Prices are subject to change without prior notice and all orders are subject to our acceptance at our sole discretion and stock availability.

We shall endeavour to ensure product(s) displayed at E-Shop are in stock. If from time to time any products become out of stock, we reserve the right to offer alternative product(s) of similar value and style.

1.4. All orders are subject to confirmation of final availability and we reserve the right to decline any order in the event that any of the products or services requested are unavailable.

2. Registration

2.1 You are required to register as a user before placing any order through E-Shop.

During the registration:

• You must provide us with accurate, complete and up-to-date registration information;

You must safeguard your username and password;

• You authorise us to assume that any person using E-Shop with your username and password is you; and

• We have the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason.

2.2 Please inform us via our website/by email/by phone immediately of any changes to the information that you provided so that we can provide you with updated information.

3. Privacy protection

3.1 We are committed to safeguarding the privacy of individuals with respect to personal data.

We therefore make sure that our policies and practices in relation to the collection, use, retention, transfer and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486) under the laws of Hong Kong. Please refer to our Privacy Policy Statement.

You agree to the use of cookies to track and record purchases made by you at E-Shop. It is your responsibility to ensure that the security settings in your Internet browser allow the use of cookies.

3.2 All personal data collected is managed and used in accordance with our Privacy Policy Statement. Our Privacy Policy Statement may be revised by us from time to time and the updated version will be posted on E-Shop. Any revised version of our Privacy Policy Statement shall be effective from the date of publication on the E-Shop. Members are responsible for keeping us up to date on your correct communication/postal address. We are not responsible for any loss as a result of a Member’s failure to notify of a change in address. Failure by Members to provide up-to-date information may result in us being unable to offer E-Shop and associated services to you.

3.3 Members will be issued with a confidential password. Member must ensure that this number is not disclosed to any unauthorised parties. We shall not be held liable for the consequences of any unauthorised disclosure of the password by Members or unauthorised use of the password. You have a duty to notify us immediately of you becoming aware of any loss, theft or unauthorised use of your identification.

4. Payment

4.1 E-Shop accepts payment by designated credit cards, debit cards or other designated electronic means as specified by us. All product prices listed are in Hong Kong dollars. The prices listed in E-Shop may differ from the prices of the same products in our physical shops. The applicable price shall be the price listed in E-Shop as at the date of purchase.

4.2 Acceptance of orders is subject to our sole discretion. A final receipt will be issued to you when goods are delivered to your address, or goods are collected at self pick-up location (as the case may be).

5. Others

5.1 Certain products are manufactured or provided on behalf of other third parties. We are neither the supplier nor manufacturer of such products and excludes all liability in respect of the quality, merchantability or fitness for purpose of any such products. In particular, we do not warrant that any such products will be provided with reasonable care and skill. We are not responsible or liable in any way for any warranty provided with any such products. Members are advised to contact the relevant suppliers directly should there be any query or dispute concerning the product warranty and maintenance.

5.2 The sole liability of us in respect of any defect in or failure of any product at E-Shop or for any loss, injury or damage attributable, directly or indirectly, is limited to three (3) months from your receipt of the products and to making good the defect or failure by (at our discretion) replacing the product or crediting the Member with redeemed Membership Reward Points.

5.3 All information and data displayed at E-Shop by us is offered for informational purposes only, and is binding only to the extent as stated in the E-Shop Terms and Conditions.

5.4 Basis of supply: we only serve and deliver products to end consumers. We are not selling our products for re-sell purpose. If we have grounds to believe that you are not purchasing our products as an end user, we reserve the right to decline or cancel your order.

5.5 You shall not assign, transfer or otherwise any of your rights and obligations under these E-Shop Terms and Conditions to any other third party without our prior written consent.

5.6 If any provision of these E-Shop Terms and Conditions shall be construed to be illegal or invalid, they shall be removed from these terms and it shall not affect the legality, validity and enforceability of the other provisions of these E-Shop Terms and Conditions.

5.7 These E-Shop Terms and Conditions embody the entire agreement between the parties and they supersede all previous negotiations, representations and agreement between the parties.

5.8 We have the right, at any time, or from time to time, by giving prior notice to you, to modify or vary or supplement all or any of the provisions under these E-Shop Terms and Conditions. Any continuous use of E-Shop will be deemed as acceptance of any modification, variation and supplement.

5.9 If any dispute in relation to any price or financial display, calculation and records arises, our determination shall be final and binding on you. Where these E-Shop Terms and Conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

5.10 Except as provided herein, the rights, powers, remedies and privileges of either party under the E-Shop Terms and Conditions are cumulative and not exclusive of any other rights, powers, remedies and privileges provided by law or otherwise.

5.11 You confirm that you have read and understood the E-Shop Terms and Conditions, and that you agree to be bound by the E-Shop Terms and Conditions. You hereby acknowledge and accept that it is your responsibility to seek independent advice from your own advisers on the E-Shop Terms and Conditions as you consider appropriate.

5.12 By signing up to and opening the account at E-Shop, you have affirmed that you are at least 18 years old, have the legal capacity to enter into agreement with us and agree to be legally bound by the E-Shop Terms and Conditions in their entirety.

5.13 Your electronic assent or use of E-Shop and its related services shall constitute execution of the agreement with us in accordance with the E-Shop Terms and Conditions. You agree that the electronic text of the agreement constitutes a “writing” and your assent to the E-Shop Terms and Conditions constitutes a “signing” for all purposes.

5.14 You agree that you will not allow any persons to access or use your account. You warrant and agree that you are the beneficial owner and/or authorised representative of an account holder. You hereby authorise us or our third-party service provider, to take any measures that we consider necessary to verify and authenticate your identity and/or to take any action to this effect that we deem necessary.

5.15 You agree that we have the right to terminate any account at E-Shop at any time and for any reason.

5.16 You agree that the information contained in the account at E-Shop is only for you and that you will not cause others to access or rely upon it (unless otherwise prescribed by law) without our prior written consent.

5.17 E-Shop is our proprietary platform, which is protected by copyright and other intellectual property laws. You agree not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store source code or similar proprietary or confidential data or other similar information provided via E-Shop, without our express prior written consent. You must not use E-Shop for any unlawful purpose.

5.18 We hereby grant you a non-assignable and non-exclusive, non-perpetual, personal, worldwide, royalty-free license to use E-Shop, and to access the market data and other informational content through E-Shop in accordance with the E-Shop Terms and Conditions. All other uses are prohibited.

5.19 Our logo (whether registered or unregistered) (the “Company Marks”) are proprietary marks owned by us and protected by applicable trademark laws. Nothing contained herein should be construed as granting any license to or right to use any of the Company’s Marks displayed here without our express written consent. Any unauthorised use of the Company Marks is strictly prohibited.

5.20 You must not use any of the Company Marks in connection with the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any products, including where the price, return, and/or performance of the product is based on, derived from, or related to the market data of E-Shop or any portion thereof, without a separate written agreement with us.

5.21 You agree that part of or all of the E-Shop may be periodically unavailable during scheduled maintenance or unscheduled downtime (collectively, “Downtime”). You agree that we are not liable or responsible to you for any services suspension, inconvenience or damage suffered by you as a result of Downtime. Following Downtime, when services resume, you understand that market conditions and prices may differ significantly from the market conditions and prices prior to such Downtime.

5.22 You acknowledge that all information and data posted on E-Shop or otherwise made available on or through the Internet are for reference only and shall not in any circumstances be binding or intended for trading or any other purposes. The word “information” shall mean all kinds of information including messages, news, quotes, report, computer programs, software, images, illustrations, presentation, opinion, configuration, text, materials of similar nature and other materials as designated by us.

5.23 You acknowledge that internet is, due to technical limitation, an inherently unreliable medium of communication. As a result of such unreliability, there may be delays in the transmission and receipt of your orders and other information and that this may result in delays in the execution of your orders. Moreover, communications and personal data may be accessed by unauthorized third party; and there are risks of hacking or errors in any communication and that such risks shall be absolutely borne by you.

5.24 The E-Shop Terms and Conditions and any agreement between you and us shall be governed by and construed in accordance with the Laws of Hong Kong. Any dispute, controversy, difference or claim arising out of or relating to the E-Shop Terms and Conditions and any agreement between you and us, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (the “HKIAC”) under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration agreement shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three. Each Party shall nominate one arbitrator and the HKIAC shall appoint the presiding arbitrator of the arbitral tribunal. The arbitration proceedings shall be conducted in Chinese.

SPECIAL CONDITIONS FOR E-SHOP (“SPECIAL CONDITIONS”)

These Special Conditions are supplemental to the above terms and conditions for E-Shop and are applicable to any orders placed under E-Shop. Should there be any inconsistency between these Special Conditions and the above terms and conditions, these Special Conditions shall prevail.

6. Payment terms

6.1 Orders for delivery within Hong Kong:

We accept Visa, MasterCard, Union Pay, Alipay, WeChat Pay and COD or such other payment method as designated in the E-Shop from time to time.

6.2 Orders for delivery to overseas:

We accept payment by Visa, MasterCard, Union Pay Online Payment (UPOP), Alipay, American Express and WeChat Pay or such other payment method as designated in the E-Shop from time to time.

6.3 Credit cards used for E-Shop should be valid and under the purchaser’s own name.

6.4 Where there are additional charges for delivery, such charges will be set out separately for your confirmation prior to proceeding to payment.

7. Notification for ordering

7.1 E-Shop only accepts orders for delivery to the specified delivery address acceptable to us, or collection at self pick-up location in Hong Kong.

7.2 Placing an order means you agree to purchase products or services and appoint us to deliver the same on your behalf to your specified delivery address or for collection at a self pick-up location in accordance with the E-Shop Terms and Conditions set out herein. After receiving your order, we will notify you and acknowledge receipt of your order. However, it is not an acceptance of your order. We reserve the right to reject any purchase order without giving any reasons. In the event that we are unable to accept your order (for example due to payment issue), we will notify you by phone or email.

7.3 If your order is accepted by us, we will confirm with you accordingly and advise the date and time of delivery or availability for collection at self pick-up location.

7.4 In case any gift item of your purchased products is not available, we will contact you accordingly. You may decide whether to accept another gift item, cancel the order or continue to purchase the products or to obtain a refund in the absence of fault.

7.5 Order cut-off time is 3pm (15:00) Hong Kong Time, order placed after cut-off time will be processed in the next working day.

7.6 We may revise the delivery details and terms at any time without prior notice. Should any disputes arise, our decision shall be final and binding on you.

7.7 Delivery services shall be postponed when the Red or Black Rainstorm Warning or Typhoon Signal No. 8 or above is in force or any other factors beyond our control affect the delivery. We will contact you to re-schedule the delivery. To facilitate the customs clearance, we may require to apply the export licence for your orders. It may take additional business days for the whole delivery schedule.

8. Free Local Delivery for Purchase over HK$800

8.1 Free local delivery service is available upon each order over HK$800 (excluding promotion codes, delivery fee, coupon, discount and other items of similar nature). For orders under HK$800, a delivery fee of HK$80 per order shall apply.

8.2 Details of local delivery service are set out as follows:

Delivery Area

Delivery Schedule

(Working Day: Monday to Friday)

General Delivery Area:

Hong Kong Island, Kowloon, New Territories

4 - 6 Working Days

Remote Delivery Area:

Specific Outlying Islands (including Ma Wan and Tung Chung)

5 - 7 Working Days

8.3 Delivery service is not available at non-permanent address, frontier restricted areas, outlaying islands, warehouses, premises and areas which are not accessible by elevator and need to be delivered through staircase or balcony. Should you have any inquiry about delivery, please feel free to contact our Customer Service Department.

8.4 If you fail to receive your ordered items upon the first delivery appointment and/or you provide us with inaccurate information on your address and/or contact details, we reserve the right to: (i) charge you an additional delivery fee for subsequent delivery(es); or (ii) arrange your ordered goods to be collected by you in one of our stores; or (iii) reject and cancel your orders.

8.5 All expected delivery dates and time are estimates only. We shall not be held liable for any loss or damages incurred or suffered by the customer as a result of any late delivery.

8.6 In case of any dispute in relation to the manner and time of delivery, our determination shall be final and binding on you.

9. Free Self-Pick Up

9.1 Free self pick-up service is available upon any orders. You need to select a self pick-up location when placing an order, the self pick-up location cannot be changed once the order is confirmed.

9.2 You shall receive an order confirmation email after payment. A pick-up notification email will be sent to you within 2-4 working days from the date of order. You can also login to your account to check on the pick-up details.

9.3 You may collect your order at the pick-up point within the time limit shown on the pick-up notification email. When collecting your order, you may demonstrate the notification email, or provide the delivery order number, name and phone number.

9.4 The self pick-up location will only keep an order for maximum 7 days upon its arrival. There will not be any rearrangements of pick-up or reimbursements in case the order is not collected within the time limit.

9.5 We may need you to provide further information to verify your identity (such as other personal information under your account profile). If we are not satisfied that the person requesting to collect your ordered items is yourself or your authorised representative, we have the right to refuse the collection of the ordered items(s).

9.6 Directory of free self pick-up locations shall be designated in the E-Shop from time to time.

10. Overseas Delivery Service

10.1 Details of overseas delivery service are set out as follows:

Delivery Area

Delivery Schedule (Working Day: Monday to Friday)

Delivery Fee

Asia & Pacific

7-15 Working Days

Delivery rate is calculated based on the order quantity and delivery country. It would be computed and shown automatically before confirming an order.

America &

Europe

10-25 Working Days

Delivery rate is calculated based on the order quantity and delivery country. It would be computed and shown automatically before confirming an order.

10.2 You agree to appoint our contracted courier as your agent to collect and deliver the ordered items on your behalf to the designated delivery address in overseas.

10.3 You agree to pay for all relevant import duty and such other relevant expenses, and secure the necessary custom clearance as required (including provision of the relevant product registration documents) for your ordered items.

10.4 It is your responsibility to check whether all your ordered items are delivered against the invoice/delivery note, then sign and return the delivery note to our courier to confirm your receipt of goods.

10.5 If you fail to receive your ordered items upon the first delivery appointment and/or you provide us with inaccurate information on your address and/or contact details, we (or via our courier) reserve the right to charge you an additional delivery fee for subsequent delivery(es) or to reject and cancel your orders.

10.6 All expected delivery dates and time are estimates only. We shall not be held liable for any loss or damages incurred or suffered by the customer as a result of any late delivery.

10.7 In case of any dispute in relation to the manner and time of delivery, our determination shall be final and binding on you.

11. Replacement and refund

11.1 We provide you with “14 days product quality guarantee” for products purchased which are damaged, spoiled or not made in good condition by us. In such case, you can contact our Customer Service Department and provide photos of the relevant goods to make arrangement to return the goods to us for replacement. Otherwise under normal circumstances, we would not accept any request for replacement of products. Save as otherwise set forth herein, all transactions are non-refundable, non-reversible and non-transferable.

11.2 If we agree you are entitled to a replacement but the product(s) to be replaced are sold out, you may return such products to us and apply the amount paid to purchase alternative product(s).

11.3 In exceptional case and at our sole discretion, we will refund the amount paid (inclusive of the relevant delivery charge) to your credit card / payment account (which takes at least 4-6 weeks from the date that we agree to such refund).

11.4 If Membership Reward Points were redeemed for the relevant purchase, relevant adjustments will be made to reinstate the Reward Points or in such other methods at our sole discretion accordingly.

11.5 Original sales receipt or relevant electronic receipt must be produced to us for the request of a product replacement or refund.

11.6 All gift items (if any) must be returned together with the returned products, otherwise the retail value of the gift item as determined by our sole discretion would be deducted from the refund.

12. Others

12.1 Title to the product shall remain vested in us until we receive full payment of the price, and title and risk shall pass to the customer upon delivery or collection of the product from us.

12.2 For any ordered item remaining undelivered for more than 30 days from the date of order confirmation for any reason not caused by us, we shall have the right to dispose of such goods at our sole discretion without further notice to you. In such event, we shall not be held liable to make any refund or compensation to you. We reserve the right to claim from you any storage expenses.

12.3 We shall under no circumstances be held liable for any claim, damages, loss (whether direct or indirect) of revenue, loss of profits or business opportunities or any indirect or consequential loss whatsoever suffered, sustained or incurred by you or by other person in connection with and/or arising (directly or indirectly) out of the sale and purchase transaction with you.

12.4 We consider a product transaction to be clearly erroneous when its price is substantially inconsistent with the market price at the time of purchase (each, a “Erroneous Transaction”). In making a determination, we take into account the circumstances at the time of the transaction, the preservation of the integrity of the market, and the maintenance of a fair and orderly marketplace. If we determine a transaction to be the Erroneous Transaction, we have the right at our sole discretion declare it null and void, in whole or in part, even if you do not agree to cancel or modify it.

Lasted updated on 30 January 2020