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 this 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.

1. Definitions

1.1 “L'aquacare membership” shall mean membership program organized by us.
1.2 “L'aquacare HK members” shall mean members that have successfully registered through the website or other legitimate means.
1.3 "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.
1.4 “Delivery Address” shall mean the address indicated in your Order which you wish the Products to be delivered to.
1.5 “Delivery Date” shall mean the available date for the Products to be picked up or delivered to you as informed by us via email or phone.
1.6 “Intellectual Property” shall mean all intellectual property rights of whatsoever nature, including (without limit to) patents, designs, trademarks, database or copyrights, whether or not registered or registrable by any means, and the right to file an application for registration.
1.7 "Order" shall mean an electronic online order submitted through this Website by you to purchase/redeem our Products.
1.8 “Order Confirmation” shall mean the email confirmation sent to you after your Order is successfully accepted by us.
1.9 “Product(s)” shall mean the products, peripherals of the products and/or other gifts available for sale/redemption at this Website, and forming the subject matter of this Contract as identified by you in the purchase/redemption order form.
1.9 “Terms and Conditions” shall mean the terms and conditions stated herein.
1.10 “We”, “L'aquacare”or “us” shall mean L'aquacare- Ladycare Cosmetics International Company Limited.
1.11 “Website” shall mean http://www.laquacare.com.hk or www.laquacare.com
1.12 “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 If 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 purchased/redeemed. It prevails any other terms and conditions in the order issued by Us. For the avoidance of doubts, these Terms and Conditions are not applicable to any sale and purchase of Products effected at any other of our authorized online sales channels and/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 submitted when placing an Order with us is the same as shown on your identity card / passport or 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 or Macao 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 would only accept at the time being orders with Delivery address within the territory of the Hong Kong Special Administrative region.
3.3. 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, we can still refuse to accept the Order. If your Order is successfully accepted, you will receive the Order Confirmation Email 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 Email in respect of such Products.
3.4 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.
3.5 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 designated credit cards namely Visa, MasterCard and American Express and/or e-Coupons. All prices quoted are in Hong Kong dollars and are subject to adjustment at our absolute discretion at any time and from time to time without prior notice to you.
4.2 In order to ensure the safety of online payment, 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 institutions 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 anytime 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 of 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 Delivery/Collection

5.1 The Products will be delivered either by our designated personnel or by other designated delivery service providers engaged from time to time. Delivery of the Products in the same Order can be by one or multiple installments.
5.2 For the avoidance of doubt, we will not make any delivery of Goods to any place that falls beyond the Delivery Zone. For the purpose of this Clause, “Delivery Zone” shall mean anywhere within Hong Kong to the exclusion of outlying islands, Lantau Island, Ma Wan, Tung Chung, Discovery Bay and restricted area / zone where entry or access thereto requires specific permit or licence and such other place(s) as we may designate from time to time at our discretion (“Excluded Zone”).
5.3 In the event that the Delivery Address is within the Delivery Zone, we will deliver the Goods to you free of charge when the sum of goods purchased / redeemed (After discount) is equal to or more than Hong Kong Dollars 400. Where delivery of the Goods is to be made to a Delivery Address within the Excluded Zone, we will deliver the Goods to you at a delivery charge of HK$60.
5.4 In the event that the Delivery Address is not within the Delivery Zone, no delivery service would be provided. We would either arrange you to pick up the Products at our office in Kowloon bay within office hours, or you would to arrange delivery of Goods to your designated address at your own expanse. In the events of disputes, we reserve the final rights to cancel the order.
5.5 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).
5.6 If you fail to collect the purchased/redeemed Products within fifteen (15) 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).
5.7 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.
5.8 All risks in the Products shall pass to you immediately 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 All products are checked for quality before dispatch. Whilst we use our best efforts to ensure that the product is delivered to you in a perfect condition, the product may be damaged in the delivery process. Should this happen please return the damaged or wrong products by simply following our Return Procedures.
We do offer exchanges only if you received a damaged, defective, or incorrect product. We will arrange to re-send the product in the same form of shipping method originally used for purchase without extra delivery charge. If you have returned a damaged, defective, or incorrect product to us, the return shipping fee will also be refunded to you. Please contact us by email for return.
6.2 We DO NOT ACCEPT returns of certain products/items, including:
6.2.1 Any product that is returned more than 7 days after receipt of Goods.
6.2.2 Any product that has been opened or used (taken out of its plastic wrap or box).
6.2.3 Any product that is not in its original condition, is damaged, or is missing parts.
6.2.4 Any discount, clearance or sales products
6.2.5 Any items of free gift or samples.
6.3 Any exchange 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.
6.4 We accept only exchange made within 7 days after the date of the goods received. Only regular prices items without discount, special offer and/or any privileges during purchase are entitled to be exchange.
6.5 We are Sorry that we DO NOT accept refund.

7. E-Coupon

7.1 E-Coupons must only be used by its owner and/or via the intended members account.
7.2 E-coupons are subject to its usage quota and validation period.
7.3 Expired e-Coupons will be deemed invalid. No refund or extension of validity period will be provided.
7.4 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.
7.5 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 We give no warranty as to the accuracy of the information contained on this Website in particular to the digital images. 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, any incorrect use or damages caused by repair or modification made without getting our prior written approval. 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.
8.4 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.
8.5 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, registration of L'aquacare membership (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 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.
12.6 In case of any discrepancies occurring between the Chinese and the English versions of these Terms and Conditions, the English version shall prevail.