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Terms & Conditions

Terms and Conditions for Online Sales in the Platform

These Terms and Conditions form a legally binding agreement between the Company and the Member. These Terms and Conditions apply to all sale and purchase of the Product in the Platform. Unless and until the Member agrees to be bound by these Terms and Conditions, Member will not be able to order any Product from the Platform.

Definitions

1. In these Terms and Conditions, unless the context otherwise requires:

a)

“Additional Delivery Charge”

means the additional delivery charge charged by the Specified Delivery Company for additional delivery service or delivery to the remote area;

b)

“Business Day”

means the days other than Saturdays, Sundays or public holidays of Hong Kong;

c)

“Buyer”

means any person who buys or agrees to buy the Product through the Platform;

d)

“Company”

means Godwell Dispensary & Cosmetic Limited;

e)

“Company’s Materials”

mean any contents, information or materials made available, posted, shown or displayed by the Company on the Platform (including but not limited to the Purchase Price, descriptions, information, data, documents, images, photographs, graphics, audios, videos and etc. in relation to the Product);

f)

“Delivery Charge”

means the payment of delivery service charged by the Specified Delivery Company;

g)

“Hong Kong”

means the Hong Kong Special Administrative Region of the People’s Republic of China;

h)

“Member”

means who has registered a membership account in the Platform;

i)

“Order”

means the order of the Product through the Platform;

j)

“Parties”

mean the Company and the Buyer;

k)

“Platform”

means the website www.godwell.com.hk operated by the Company, as may be updated by the Company from time to time;

l)

“Product”

means the product displayed on the Platform for sale;

m)

“Purchase Price”

means the purchase price of the Product;

n)

“Specified Payment Gateway”

means the third-party payment gateway through which the Purchaser makes payment for purchasing the Product through the Platform; and
  • o)

“Specified Delivery Company”

means the third-party delivery company, namely, S.F. Express, DHL, or any other delivery company.

In these Terms and Conditions, the masculine gender shall include the feminine and neutral and the singular numbers shall include the plural and vice versa.

Member Account

2. The Platform is for its Member to place Order and purchase the Product. No Order from non-Member will be accepted or processed.

3. The applicant will become a Member if he successfully registered a member account in the Platform. In order to register for a member account, the applicant is required to provide all information required by the Company for registration. See our Privacy Policy.

4. The Company shall have the right, in its sole and absolute discretion, to refuse the registration of any membership account or to suspend or terminate any membership account at any time with immediate effect without any prior notice.

Representations, Warranties and Undertakings

5. The Buyer hereby represents and warrants that:-

a) the Buyer is at least 18 years old and can form a legally binding contract with the Platform for sale and purchase of the Product under applicable law; and

b) the purchase of the Product is limited to the Buyer's personal use only.

Placing an Order

6. The Buyer may select the Product and adds the Product under the heading of “Shopping Cart” or “View Cart” in the Platform.

7. Each Buyer is subject to a purchasing quota, namely, in each Order, the Buyer is allowed to purchase maximum twelve (12) items of Product, provided that no more than three (3) items of the same Product. If Buyer wishes to purchase wholesale quantity, please contact the Company directly.

8. The Delivery Charge (if applicable) will be displayed to the Buyer once she has chosen the delivery method.

9. The Buyer shall review the Order for each transaction, including but not limited to the Product, the Purchase Price, quantity, the Delivery Charge, delivery details of the Products and the Buyer’s contact method before confirmation of the Order.

10. Upon the Buyer’s confirmation of the Order, the Buyer shall pay the full amount of Purchase Price and the Delivery Charge (if applicable) through the Specified Payment Gateway. After the Order is confirmed, the Company will send to an email confirmation to the Buyer for notification and reference purpose only.

11. Once the payment of the Purchase Price is made, the Buyer is not allowed to make any amendment to the Order or cancel the Order.

12. All the payments are non-refundable in any event.

Order Processing

13. The Order will be processed and then sent to the Specified Delivery Company for delivery. The Company will only process the Order on the Business Days. If the Order is made on Saturday, Sunday or a public holiday in Hong Kong, the Order will only be processed on the following Business Day.

14. It will normally take at least two (2) Business Days to process an Order for delivering the Product to a location in Hong Kong and at least seven (7) Business Days to process an Order for delivering the Product to a location in the People’s Republic of China and other overseas areas.

Order Status

15. The status of the Order will be shown in the Buyer’s Membership Account.

16. Once the Order has been dispatched to the Specified Delivery Company, a tracking number will be displayed in “Order History” under “My Profile” in the Platform. The Buyer can enter the said tracking number in the website of the Specified Delivery Company to check the delivery status of the Product.

Delivery of the Product

17. Unless otherwise specified, S.F. Express may be the Specified Delivery Company for delivery of all Product to Hong Kong and the People’s Republic of China and DHL may be the Specified Delivery Company for delivery of all Product to places other than Hong Kong and the People’s Republic of China. The Buyer shall be solely responsible and pay for the Delivery Charge for Order below HK$200 and Additional Delivery Charge (if any) of the Product. The Company shall have its sole rights and discretion to choose any reputable company to be the Specified Delivery Company for delivery of the Product.

18. If the delivery is conducted by S.F. Express, the Product may be packaged by the Specified Delivery Company at its sole discretion and requirement. The Company will not have any further packaging to the Product.

19. The Product will be delivered to the designated address provided by the Buyer and will require a signature on receipt.

20. The Specified Delivery Company may charge Additional Delivery Charge if the delivery address is a residential address or if the delivery address is remote or additional delivery service is required. The Buyer shall pay the Additional Delivery Charge to the Specified Delivery Company upon receipt of the Product. The Company shall not be responsible for any late delivery or non-delivery if the Buyer fails or refuses to pay the Delivery Charge or Additional Delivery Charge.

21. Each Order can only be delivered to one delivery address. If the Buyer wants the Products to be delivered to different addresses, the Buyer is required to place different Orders.

22. The Specified Delivery Company does not accept post office box or certain remote areas as the delivery address. Please visit the website of the Specified Delivery Company for information and reference. The Company shall not be responsible for any late delivery, non-delivery or Additional Delivery Charge due to the aforesaid circumstances.

23. The Delivery time of the Product will depend on the schedule of the Specified Delivery Company and the Company shall have no control. It normally takes (i) at least 2-3 Business Days to dispatch the Product to the delivery address in Hong Kong and (ii) at least 5-14 Business Days to dispatch the Product to the delivery address in the People’s Republic of China and other overseas countries after the Order has been processed by the Company to the Specified Delivery Company. If the delivery address is in a remote area, it will take more time to deliver the Product to such delivery address. Time for delivery shall not be of the essence. All delivery dates are estimated and for reference purpose only. The Company does not guarantee that delivery of the Product will occur on the given date.

24. The Buyer may track their delivery status of the Order on the website of the Specified Delivery Company.

25. If the Buyer wishes to change the delivery address after the Order has been processed by the Company to the Specified Delivery Company, the Buyer shall contact the Specified Delivery Company directly and be responsible for all Additional Delivery Charge incurred.

26. If no one picks up the Product at the designated delivery address, the Specified Delivery Company may return the Product to the Company for custody. The Company will then send a notification, through email, to the Buyer informing the Buyer with details of where to collect the Product and the administrative fee for handling and storing the Product. If the Buyer does not collect the Product within 5 Business Days after the date of such notification, the Buyer is deemed to have discarded the Product and the Company will be entitled to dispose of the same without obtaining any prior consent from the Buyer or any other person.

Return and Replacement of the Product

27. The Buyer shall open the package and inspect the Product upon delivery. If the Product is damaged, the Buyer shall not sign the receipt and accept the Product, but return the Product (in good original packaging) and contact the Company at cs@godwell.com immediately, in any event within 24 hours from time of delivery, together with (i) the order number, (ii) date of placing the Order, (iii) the delivery address and (iv) the evidence of the damage. The Company may arrange for re-delivery of the Product after it has received and inspected the returned Product.

28. If the Buyer does not make any request for returning the Product within 24 hours from the time of delivery, it shall constitute a deemed acceptance of the Product and a waiver by the Buyer of all claims with respect of the Product.

29. If, upon investigation, the Company satisfies that the Product has to be replaced, the Buyer shall not bear any delivery charge for the return and replacement of the Product.

30. Due to hygiene reasons, the Product returned shall be unused, unopened, intact in the original packaging and in a condition suitable for resale. If the returned Product does not satisfy with the said criteria, no request for replacement of any Product will be entertained.

31. No request for replacement of the Product will be entertained if the Package was not returned in good original packaging.

32. If any free gifts and samples were included in Order, they must also be returned to the Company in good original package, unopened and has not yet used, failing which no request for replacement of any Product will be entered.

33. The date of delivery of the replacing Product depends on the schedule of the Specified Delivery Company.

34. The Company will only issue a refund if the Product is out of stock or unavailable for delivery or replacement. The refund of the Purchase Price will only be made against the original payment method used in around 30 days, depends on the processing schedule of the bank. The Company will not issue any refund in any other circumstances.

35. Any replacement of Product is at the Company’s absolute discretion.

36. No return and replacement shall take place in any physical store of the Company.

Intellectual Property

37. The Platform is owned and operated by the Company. All intellectual property rights in the Company’s Materials and the Platform are solely owned by the Company, save and except those otherwise mentioned hereinbelow. No reproduction, republication, upload, copy, transmit, distribution, display or otherwise use of any of the Company’s Materials on the Platform is allowed or permitted without prior written consent from the Company.

38. There are some materials procured from third parties which may be subject to copyright owned by that third party. The Buyer shall not use any such materials without prior consent from their respective owner.

39. The Buyer acknowledges that all other company's names and logos, brands, product names and service names used or displayed in the Platform are for identification purpose only. Use or display of these names, logos and brands do not imply endorsement.

Limitation of Liability and Disclaimer

40. The Company’s Materials are for illustrative purpose only. The Buyer hereby acknowledges that the Products manufactured from different places of origin may have different packages. The Buyer agrees that if the package of the Product received by the Buyer differs from the package of the same Product displayed in the Platform, it shall not constitute any false trade description in relation to the Product.

41. Although the Company makes every effort to display the Product accurately, the colour and the packaging of the Product received may have a slight difference from the images displayed in the Platform.

42. The Company does not represent or warrant that:

a) the Products are fit for every Buyer’s purpose;

b) the Platform is compatible with the Buyer’s mobile device or computer; and

c) the Platform is free of errors, defects, malware and viruses.

43. All Products are sold “as is" to the fullest extent permissible pursuant to applicable law, the Company disclaims all expressed or implied warranties in relation to the Products.

44. To the fullest extent permissible pursuant to applicable law, the Company shall not be liable for any losses and damages (including loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused, suffered or incurred by the Buyer arising out of or in connection with the use of the Product.

45. All Company’s Materials are of a general nature only and is not intended to constitute any professional advice and recommendation. If the Buyer concerns any skin problem, the Buyer shall seek consultation from the registered medical practitioners or registered medical specialist (including dermatologists) before purchasing or using the Product.

46. All Products' descriptions shown and displayed in the Platform are directly copied from the official website of respective brands without any verification. If the Buyer has any enquiries in relation to the Product's descriptions, including but not limited to the ingredients, usage and effects, the Buyer shall enquire the respective brands directly.

47. The Company shall not be liable to the Buyer for any delay in delivery of the Product due to any cause beyond the reasonable control of the Company.

Miscellaneous

48. These Terms and Conditions embody all the terms and conditions agreed upon between the Parties and supersedes and cancels in all respects all previous correspondence, understandings and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.

49. The failure of any party hereto at any time to require performance or observance by any other party of any provision of these Terms and Conditions shall in no way affect the right of such first party to require performance of this provision and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right under these Terms and Conditions.

50. If any of the provision in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any reason unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.

51. The Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall not apply to these Terms and Conditions and unless specifically herein provided no person other than the parties to these terms and conditions shall have any rights under it nor shall it be enforceable by any person other than the parties to it. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation and/or settlement under or relating to these Terms and Conditions are not subject to the consent of any third party.

52. Unless specified otherwise herein, all notices must be in writing and addressed to the other party’s email address. The notice will be deemed given when verified by automated receipt or electronics lots.

53. These Terms and Conditions are governed by and shall be construed in all respects in accordance with the laws of Hong Kong.

Modification

54. These Terms and Conditions may be amended or modified from time to time. Any changes will be reflected by an update of these Terms and Conditions. Buyer shall check these Terms and Conditions from time to time.

Effective Date

55. These Terms and Conditions are effective from 14th Aug 2018.

Contact Us

56. If the Buyer has any questions, please contact our Customer Service Officer at cs@godwell.com.hk.