In these terms and conditions and the Special Conditions (as defined below), the Private Policy Statement (as defined in the Private Policy Statement), the Disclaimer Statement (as defined in the Disclaimer Statement) and the Warranty Term (as defined in the Warranty terms) (collectively referred to as the “Terms and Conditions”), “Medisana” or “we” or “us” shall mean Medisana Far East Limited and/or any of its affiliates, and the “customer” or “you” shall mean any person, firm, company or body which places an order with us. In the event of any reference to “Parties”, it shall collectively include “Medisana” and “you” as defined above. Please read these terms and conditions carefully and understand them before using the website (“our e-store”).
By using the site or any part of it, you agree that you have read and understood these 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 our e-store 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 our e-store 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.
All orders are subject to confirmation of final availability and we reserve the right to reject the order in the event that any of the products or services requested are unavailable for any reason whatsoever.
2. Registration
You are required to register as a user before placing any order through our e-store. During the registration:
You must provide us with accurate, complete and up to date registration information;
You must safeguard the privacy of your username and password;
You authorise us to assume that any person using the e-store with your username and password is either you or is authorized to act for you;
We have the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.
2. Please inform us via our website/by email/by phone immediately of any changed to the information that you provided so that we can communicate with you effectively.
3. Privacy protection
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 and other relevant local laws available. Please refer to our Privacy Policy Statement.
4. Payment
Our e-store accepts payment by designated credit cards, debit cards or other designated electronic means as specified by us. All product prices listed are specified in the respective website. The applicable price shall be the price listed in our e-store as at the date of purchase.
Acceptance of orders is subject to our sole discretion. A final receipt will be issued to you when goods are delivered to your address.
To provide secure online transactions, we employ Internet’s Transport Layer Security (TLS) technology. It encrypts your personal information, including credit card number, name and address, so to ensure protection through the Internet.
5. Others
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.
Force majeure: We shall not be liable for any delay or failure to perform caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.
You shall not assign, transfer or otherwise any of your rights and obligations under these Terms and Conditions to any other third party without our prior written consent.
If any provision of these 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 Terms and Conditions.
These Terms and Conditions embody the entire agreement between the parties and they shall supersede all previous negotiations, representations and agreement between the parties.
We have the right, at any time, or from time to time, without giving prior notice to you, to modify or vary or supplement all or any of the provisions under these Terms and Conditions.
If any dispute arises, Medisana’s determination shall be final. Where these 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.
These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region, the People’s Republic of China and the Customer and the Parties hereby agree to submit to the exclusive jurisdiction of the Hong Kong courts. We may revise the Terms and Conditions at any time without prior notice.
SPECIAL CONDITIONS FOR MEDISANA E-STORE (“SPECIAL CONDITIONS”)
These Special Conditions are supplemental to the Terms and Conditions for Online Purchase and are applicable to any orders placed under our e-store. Should there be any inconsistency between these Special Conditions and the above Terms and Conditions for Online Purchase, these Special Conditions shall prevail.
6. Medisana’s payment terms
The payment methods we accept are Visa and Master cards and other payment methods accepted are listed in our website and shall be updated from time to time.
Under Credit Card Purchase Protection service, e.g. Visa Verification Service, MasterCard Secure Code, you can enjoy safe and secure shopping by using your own credit card with your personalized and specific password or security code. Credit cards used for shopping should be valid and under the your own name.
Where there are additional charges for delivery and/or installation, such charges will be set out separately for your acknowledgement and confirmation prior to proceeding to payment.
7. Notification for ordering
The locations in which our e-store accepts orders for delivery are specified in the website and shall be updated from time to time to the specified billing address.
Placing an order in our e-store means you have agreed to purchase products or services in accordance with the Terms and Conditions set out herein. In the event that we are unable to accept your order (for example due to payment issue or any other issue), we will notify you by phone or email.
If your order is accepted by us, we will send a sales receipt followed by a delivery confirmation to you.
In case any applicable gift items of your purchased products are 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.
8. Delivery service (applicable if you have selected to have your order(s) delivered to a designated billing address)
Delivery service is not available at non-permanent address, frontier closed areas, outlaying islands, and warehouse.
Delivery is available on Monday to Saturday (9:00am to 6:00pm), except public holidays. Please take note that the operation hours shall vary depending on the location, country and jurisdiction of our store.
All expected delivery dates and time are estimates only. We shall not be liable for any loss or damage incurred or suffered by you as a result of any late delivery.
You shall give no less than 48 hours’ notice from 9:00am to 6:00pm (Sunday and public holiday excluded) to our Customer Service Department hotline or specified means via our e-store in respect of any request for change in delivery time, date and/or place, delivery of additional purchase, or change of purchased item. In the event of any changes in delivery time, date and/or place, delivery of additional purchase, or change of purchased item requested by you that cannot be affected in time, whether or not you have informed us within time, we shall not be responsible of any loss or damage incurred or suffered by you as a result of this change requested by you.
If for security reason or any other reasons whatsoever, our courier is not able to deliver the goods to the billing address as specified in your order and get your receipt confirmation, we reserve the right to request for you to collect the goods from our office and will not arrange any delivery and this shall not constitute a breach to our obligations herein.
In case of any dispute, our determination shall be final.
9. Exchange and refund
For the avoidance of doubt, there shall be no refunds allowed under any circumstances and under normal circumstances, no cancellation of orders will be accepted.
We will only consider a request for an exchange subject to the terms and conditions appearing herein.
We would not accept any request for exchange of products after 14 days of the issuance of our delivery confirmation or 7 days upon receipt of the items, whichever is earlier.
You are requested to examine the goods immediately for any deficiencies and/or damages of their appearance and whether all accessories are included upon delivery or collection (as the case may be). If it is the case, please contact our Customer Service Department.
Replacement may only be acceptable for damage to the product’s appearance or missing accessories or functional defects within 14 days of the issuance of our delivery confirmation or 7 days from receipt of items, whichever is earlier. All replacement requests are subject to our acceptance at our sole discretion and stock availability.
Packing (including the recycling label where applicable), accessories, user guide and blank warranty card should be returned together with the product in good condition for exchange. We shall be entitled to request for photographs of the items indicating the packaging and products are in tact as one of the factors for our consideration.
Upon our written consent for any such product to be replaced and/or exchanged, the product must be dispatched out within 3 days from our written consent and you shall send to us the proof of dispatch with legible tracking number and delivery service utilized.
Thereafter, upon our receipt of the product from you, we will endeavour to deliver to you the replacement product within a reasonable time. In the event, the replacement product is valued lesser than your originally purchased product, there will not be a refund of the excess monies, but we will give you the excess value in store credit.
In the event, the replacement product is valued higher than your originally purchased product, you shall promptly top up the difference through the payment portals of our website.
The product to be exchanged should not be damaged, scratched, defaced or contain any trace of water damage.
No replacement would be made for product which has been registered on-line for warranty service or has undergone any repair.
All items which are free gifts from us in your order must be returned together with the products requiring replacement. Otherwise we would not be able to process the requested exchange. For the avoidance of doubt, you shall not be entitled to exchange any free gift items.
We shall not entertain any request for exchange if this clause is not complied with strictly by you.
10. Others
Title to the product shall remain vested in us until we receive full payment of the price, and risk shall pass to the customer upon delivery / collection of the product (as the case may be).
To be entitled to Medisana’s specified term of warranty, Medisana’s products shall be limited to domestic and personal use only.
We shall under no circumstances be liable for any loss (whether direct or indirect) of revenue, loss of profits (whether direct or indirect) or any indirect or consequential loss whatsoever suffered, sustained or incurred by you or by other person arising (directly or indirectly) out of the sale and purchase transaction with you.
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