Terms and conditions
 
This site has been especially designed by Wellcome for Customers using its online shopping services.

If you intend to use the Wellcome online shopping services or simply want to browse in the Wellcome online store or otherwise use this site, please read these Terms and Conditions carefully before using the site. By using the 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.

These Terms and Conditions also apply to any order placed via telephone or facsimile.
 
1. GENERAL

1.1In these Terms and Conditions the following definitions shall apply :
 
  1. "Customer" shall mean you and all other persons who purchase the products under your Login.

  2. "Intellectual Property" shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, trademark, database or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof.

  3. "Legal Notice and Disclaimer" shall mean the legal notice and disclaimer applicable to the Wellcome Delivers service.

  4. "Login" shall mean a Customer's personal password and access to Wellcome Delivers On-line under that Customer's registration.

  5. "Personal Data & Privacy Statement" shall mean Wellcome's policy regarding personal data collected in connection with this site and Wellcome's policy regarding the privacy of Customers and visitors to the site.

  6. ˇ§Priceˇ¨ shall mean the price of a product on the day of order.

  7. "Product/Products" shall mean any and all the products for sale on Wellcome Delivers On-line

  8. "Wellcome" shall mean The Dairy Farm Company Limited, the seller of the products on Wellcome Delivers On-line.

  9. "Wellcome Delivers On-line " shall mean this Internet site owned by Wellcome and the medium by which Products are offered for sale by Wellcome to the Customer.
1.2All Products sold by Wellcome through this site are subject to these Terms and Conditions. By submitting your order for processing at Wellcome Delivers On-line, you confirm that you have read, understood and agreed to the Terms and Conditions prevalent at the time your order is submitted for processing.
 
1.3These Terms and Conditions include Legal Notice and Disclaimer and Personal Data & Privacy Statement and shall prevail over any other document including any Wellcome store policy purporting to have a contractual effect.
 
1.4The Customer agrees to provide the complete and updated information for registration on this site. For credit card payment registration, the Customer shall provide Wellcome with an accurate and complete credit card information and represents and warrants to Wellcome that his use of the credit card (details of which have been supplied) is authorised and legal.
 
1.5Wellcome has the absolute discretion to refuse registration of a potential Customer and to terminate the registration of any Customer for any reason whatsoever.
 
1.6The Customer agrees to pay for every order made under his Login and agrees to indemnify Wellcome for all claims, loss and damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Customer's Login. The Customer shall be responsible for updating his registration information including his credit card particulars with Wellcome. The Customer shall be responsible for notifying his bank of any changes to his record, or loss, theft or unauthorised use of his credit card.
 
1.7Wellcome shall make every effort to fulfill orders placed by Customers through Wellcome Delivers On-line, but shall not be liable to any person if Wellcome shall decline or become unable to fulfill an order for whatever reason, including supply shortage or supply modification.
 
1.8Notwithstanding the provisions of clause 1.7, Wellcome reserves the right to decline any order it may, in its sole opinion, consider unreliable for credit reason or otherwise.
 
1.9Access to Wellcome Delivers On-line is gained through use of a personal password. Wellcome shall not be responsible for any offline password management and the Customer shall ensure that his password is kept strictly confidential to prevent unauthorised use. Wellcome shall use its best endeavours to prevent any unauthorised entry to Wellcome Delivers On-line. However, Wellcome shall not be liable for any loss or damages whatsoever if any third party gains unauthorised access to the Wellcome Delivers On-line site using Customerˇ¦s Login.
 
1.10In each transaction, the maximum order quantity for one SKU is HK$ 3,000. All orders are subject to Wellcomeˇ¦s acceptance at its sole discretion and stock availability.
 
2. PRICE

2.1Wellcome shall make every effort to ensure that prices, details and sizes of Products detailed on Wellcome Delivers On-line are update but Wellcome reserves the right to vary the price and other details of the Products without notice.
 
2.2The prices advertised on the Wellcome Delivers On-line site are for on-line shopping only. Prices for some Products may differ from those charged at Wellcome shops. The price of certain Products, in particular fresh produce, is subject to daily fluctuation and is offered for guidance only.
 
2.3Not all product size will correspond exactly to the description offered on-line. Wellcome reserves the right to provide the nearest product size at the nearest price.
 
2.4There may be discrepancies between the on-line bill and the final bill due to out-of-stock products, substitutions, special offers, daily price changes and weighed items. Wellcome reserves the right to adjust the on-line bill and such adjustments shall be marked on the final bill presented to the Customer at the time of delivery.
 
2.5If the Customer requests a variation to the order which Wellcome accepts then the Price payable for the order will be adjusted accordingly to reflect the variation and shall be recorded on the final bill presented to the Customer at the time of delivery.
 
2.6Wellcome may from time to time set credit limits for individual Customers and Wellcome reserves the right to limit sales including the right to deny sales to re-sellers.
 
3. PAYMENT

3.1Payment for Products ordered through Wellcome Delivers On-line can be made by credit cards, cash or cheque on delivery, or Wellcome Vouchers.
 
3.2Wellcome may change at any time the method by which payments for Wellcome on-line orders may be effected and such changes may be notified to the Customer by e-mail, mailshots or a notice placed at this site.
 
3.3Hang Seng enJoy Card 5% discount offer ˇV Terms and Conditions
 
  1. Spend with enJoy Card on 3rd, 13th, 23rd to enjoy 5% discount

  2. The offer is only applicable to 3rd, 13th and 23rd of every month only. To enjoy the offer, customer is required to successfully enter into ˇ§Wellcome Deliversˇ¨ after 12:00am or before 11:59pm on 3rd, 13th and 23rd for online purchase

  3. To be eligible for this offer, customer is required to settle the payment with Hang Seng enJoy Card

  4. The discount offer is not applicable to baby milk powder, diapers, birdˇ¦s nest , chicken essence and Beauty and Healthy capsules

  5. The offer cannot be used in conjunction with other special offers

  6. The offer is not applicable to delivery charge.

  7. Delivery charge will be charged subject to the final discounted price

  8. The offer details are subject to the item availability and subject to change without prior notice. Please refer to the offer details at the time of patronage. Hang Seng Bank Limited (ˇ§Hang Sengˇ¨) will not be responsible for any related liabilities.

  9. Terms and Conditions of the offer is subject to change. Please refer to the offer details at the time of patronage

  10. All products, services, and information are directly sold and supplied to customers by the respective merchant who is solely responsible for all obligations and liabilities

  11. Hang Seng and Wellcome reserve the right to vary or terminate the offer, and to amend the terms and conditions of the offer from time to time. In case of disputes, Hang Seng and Wellcome reserve the right of final decision.
4. DELIVERY

4.1Wellcome shall use reasonable endeavours to deliver Products of acceptable quality to the delivery address specified on the registration form or last on record within the time slots selected by the Customer but Wellcome shall not be liable for any delays or non delivery for causes beyond its control.
 
4.2Wellcome will only effect delivery to Hong Kong Island, Kowloon and the New Territories of the Special Administrative Region of Hong Kong and some designated rural areas or the outlying islands. The delivery hours shall be between the hours of 9:00am to 10:00pm Monday to Sunday, except for some rural areas.
 
4.3No delivery services shall be available on the 1st and 2nd day of Chinese New Year, and when typhoon signal No 8 or the black rainstorm signal is hoisted.
 
4.4No delivery shall be available to premises situated in buildings which have no legal unloading areas within 50 meters of the building. Delivery service does not include areas that cannot be reached directly by our vehicles or buildings without a functioning lift to the 3/F or above. 
 
4.5It is the responsibility of the Customer is to notify Wellcome immediately of any change to its delivery address.
 
4.6All deliveries, save where the Customer has specifically instructed Wellcome to leave his delivery outside the door provided payment has already been effected (where such delivery shall be at customer's risk), shall be signed off by the Customer and the deliveryman of Wellcome by entering their names and the time of delivery on the delivery form. The Customer shall ensure that a person aged 16 or above who is authorised to receive and pay for the order is present at the specified time of delivery at the Customer's address to receive and pay for the order. If no such person is present, the delivery shall be withdrawn and attempted at another time agreed. Wellcome reserves the right to charge the Customer an extra delivery fee.
 
4.7If the delivery includes alcoholic drinks, tobacco products or any other items which are prohibited to be sold to a minor, a person aged 18 or above with (identification required) must be present to take delivery of the alcoholic drinks, tobacco products or such other items. If no person aged or above is present, delivery shall be withdrawn and attempted at another time agreed. Wellcome reserves the right to charge the Customer an extra delivery fee.
 
4.8Wellcome reserves the right to decline delivery of the Products to any Customer at its sole discretion absolutely.
 
4.9Free delivery will be provided for each order value over HK$ 500.However, customer should pay HK$120 (Discovery Bay) or HK$40 (Ma Wan) tunnel fee if the delivery address is at Discovery Bay or Ma Wan.
 
5. SPECIAL PRODUCTS

5.1If the Customer's order includes any tobacco or alcohol product then the Customer warrants that he/she is 18 years of age or over and is legally entitled to purchase such product.
 
5.2The Customer shall ensure that no person or persons shall use his/her Login to purchase tobacco or alcohol products if that person or persons cannot satisfy Clauses 5.1.
 
6. VARIATION / CANCELLATION OF ORDER

6.1The Customer may vary or cancel the order without incurring costs before Wellcome has commenced processing the order.
 
6.2Subject to the Customer's consent, Wellcome may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
 
6.3If there is no prior consent from the Customer for a substitution, no substitution will be made.
 
7. TITLE

7.1All risks in the Products shall pass to the Customer upon delivery but Wellcome shall retain title in the Products until full payment has been received.
 
8. RETURNS OF PRODUCTS / REFUNDS

8.1Pictures of Products on this site may not correspond exactly to Product description. In such case the written description of the Product is relied upon. The Customer shall not be entitled to return a Product on the basis that it does not correspond exactly to its on-line picture.
 
8.2Wellcome 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 within three days of delivery via e-mail at wdservice@dairy-farm.com.hk, hotline (phone) 2870-8888 or (fax) 2555-9622:
 
  1. If any Product proves to have been delivered in a damaged condition, past its sell by date, omitted in the delivery, or if the wrong Product is delivered, Wellcome shall either refund to the Customer the Price of that Product, or replace the Product. Customers must notify wdservice@dairy-farm.com.hk within 24 hours of receipt of the delivery.

  2. If any Product which was not included in the Customer's order is delivered to the Customer by mistake, Wellcome Delivers reserves the right to collect the wrong Product delivered.

  3. If the Customer has been charged for a Product which has not been delivered, Wellcome shall refund to the Customer the Price of that Product as originally charged to the Customer.

  4. If a Customer is charged more than the Price of a Product, Wellcome shall refund to the Customer the difference.

  5. Wellcome will not refund or exchange goods or rectify discrepancies 7 days after delivery.
8.3Wellcomeˇ¦s liability to any Product delivered is limited to refund or replacement specified above. All other remedies are excluded.
 
8.4Refunds shall be credited, at Wellcomeˇ¦s option, to the Customer's credit card account as supplied in the registration form or in the form of cash.
 
9. FORCE MAJEURE

9.1If the performance by Wellcome of its obligations under Wellcome Delivers On-line site is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, 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 Wellcome), Wellcome shall be excused from such performance to the extent of such prevention.
 
10. VARIATION OF TERMS AND CONDITIONS

10.1Wellcome reserves the right to amend these Terms and Conditions in its sole discretion. Customer is reminded to review the Terms and Conditions prior to submitting any order. Once an order is placed, Customer is deemed to have accepted the Terms and Conditions prevalent at the time.
 
11. PREVALING LANGUAGE

11.1In the event of any discrepancy in the translation of this text, the English version shall prevail.
 
12. APPLICABLE LAW

12.1These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and the Customer and Wellcome agree to submit to the jurisdiction of the Hong Kong courts.
 
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