Terms & Conditions
The use of the website (www.babylicious.com.hk) (“Website”), which is operated by Babylicious Company Limited (“Company”) shall be governed by these terms and conditions (“Terms and Conditions”). Please read the Terms and Conditions carefully before using the Website. By using the Website or any part of it, you confirm that you have read and understood the Terms and Conditions and that you accept and agree to be bound by them.
1.1 In the Terms and Conditions, the following definitions shall be applicable:-
(a) “Customer” or “you” shall mean any person, firm, company or body corporate which places order with the Company or access the Website and “your” shall be construed accordingly;
(b) “Disclaimer and Notice” shall mean the disclaimer and notice applicable to the use or access to the Website (please click here for the “Disclaimer and Notice”) / (for details, please refer to the “Disclaimer and Notice”) ;
(c) “Hong Kong” shall mean the Hong Kong Special Administrative Region of the People’s Republic of China;
(d) “Price” shall mean the price of a Product in Hong Kong Dollar (HKD) but excluding the delivery charges, if applicable;
(f) “Product” shall mean the product or good for sale on the Website.
1.2 References as to the singular shall, where the context so required be deemed to include references to the plural and vice versa and references to the masculine, feminine and neuter gender shall include the others of them.
1.3 All Products sold by the Company via the Website shall be subject to the Terms and Conditions and by placing an order of purchase under the Website, you confirm that you have read, understood and agreed to be bound by the Terms and Conditions at the time of placing such order.
1.4 The Company will make every effort to make sure that the Prices and details of the Products on the Website to be accurate and up-to-date but the Company does not make warranty or representation as to the accuracy, completeness of the information on the Website. All details of the Products, including but not limited to, sizes, measurements, colours and weights of the Products are approximates only.
1.5 The Products as shown on the Website are for reference only and are subject to modifications without prior notice. Images of the Products on the Website may not correspond exactly to the Product description. The Customer shall not be entitled to return a Product on the basis that it does not correspond exactly to its image on the Website.
1.6 The Prices of the Products as listed on the Website are subject to changes without prior notice. All orders placed shall be subject to the acceptance of the Company at its absolute discretion as well as the stock availability of such Products.
1.7 The Company will acknowledge your order shortly after it receives the same (“Acknowledgement Email”) and an order confirmation email with tracking number and invoice (“Shipping Confirmation Email”) will be sent to you to confirm your order. Please ensure an accurate e-mail address is provided.
1.8 All orders are subject to confirmation of the final availability of the Product ordered and the Company reserves the right to decline any order placed if such Product is out of stock or otherwise unavailable or for whatever reasons. In the event that the Company declines your order or is unable to fulfill any Products as requested in your order, it will notify you via e-mail or telephone but in any event, the Company shall not be liable to you or any person if it declines your order or is unable to fulfill any order for whatever reason.
2.1 The Prices are in Hong Kong dollars. The Price of the Product will be confirmed in the Acknowledgement Email.
2.2 Payment for the Products ordered via the Website shall be made by credit cards including, VISA, MasterCard, American Express, Discover and UnionPay.
2.3 The Customer shall provide the Company with accurate and complete credit card details and personal information and declares that the use of the credit card by the Customer is legally valid and authorised.
2.4 Unless prior special request is made to the Company through email for the original invoice to be delivered to the delivery address of the Products, the Company will not provide the Customer with an original invoice upon delivery of the Products and the Customer shall treat the Shipping Confirmation Email printout as the invoice accordingly.
3.1 Unless prior special requirement is made to the Company through email and accepted by the Company, otherwise, the Company reserves rights on how the orders will be packed. Delivery of an order may arrive in one package or in several packages at the sole discretion of the Company.
3.2 The sample packages as shown on the Website are for reference only and are subject to modifications or alterations without prior notice. Images of the sample packages on the Website may not correspond exactly to the actual packages delivered, including but not limited to sizes, colours, measurements and quality.
4.1 Delivery service is only available in Hong Kong Island, Kowloon and New Territories and not available for outlying islands (except Ma Wan, Discovery Bay, Tung Chung and Hong Kong International Airport) (“Territory”). Overseas delivery shall not be acceptable.
4.2 The Company does not take any responsibility for any delay in the delivery process. Please allow on average 48 hours for the Products to arrive once an order has been verified and paid in full. Over bank holidays and other public holidays, delivery may unfortunately be delayed. For any order below HKD750.00, there is a HKD50.00 flat rate postal delivery fee for anywhere in the Territory. For the order(s) is/are at or above HKD750, the delivery fee will be waived.
5. REFUND & EXCHANGE POLICY
5.1 Once the transaction is completed upon the issuance of the Shipping Confirmation Email by the Company, all Products may not be refunded.
5.2 Unused Product may be exchanged within 7 days of the delivery of the Product. Unused Product may only be exchanged accompanied by the original receipt or the Shipping Confirmation Email printout, in its original condition and packaging. Unused Product may only be exchanged to same style in different size or colour and no exchange shall be allowed for any other Product. All exchanges must be authorized by the Company’s staff via email prior to your delivery of the unused Product to the Company, which is depending on the availability of the Products and is subject to the Company’s sole discretion. To obtain an exchange authorization, please send email to[email protected] with your order number, required size/colour and product description of the unused Product. If the Company approves your request, it will send you an approval email. The Company will deliver the new exchanged Product to you within 7 days after it has received and examined your unused Product which is in original good order and packaging together with the original receipt/the Shipping Confirmation Email printout.
5.3 Unused Products will only be able to exchange once. All delivery fees incurred from the exchange process will be borne by you. You are solely responsible to ensure that the delivery of the unused Product to the Company, in relation to which the Company is not liable whatsoever. The delivery of the new exchanged Product to the Company is at your sole risk. You are advised to use the delivery service with a trackable method.
5.4 The Customer is requested to examine the Products immediately upon delivery for any deficiencies and/or damages. If you feel that you have received a defective Product, please send an email to [email protected] and include your order number, a photograph and the product description of such defective Product within 3 days after the delivery of the Product. If the Company confirms that it is a defective Product, it will send you a confirmation email and deliver a new Product to you within 7 days after it has sent out the confirmation email, with free delivery. The Company reserves the right to request you to return the defective Product at the sole costs of the Company. Any claims for defective Product not lodged within the prescribed period may be declined by the Company at its sole discretion.
5.5 In case of dispute, the Company reserves the right of final decision.
6. TITLE & FORCE MAJEURE
6.1 All risks in the Products shall pass to the Customer upon delivery.
6.2 The Company shall retain the title of the Products until the full payment has been received by it.
6.3 The Company shall not be liable for any delay or failure of its performance caused by or arising from the acts of God, fire, flood, accident, war, riot, government intervention, embargoes, strikes, labour difficulties, equipment failure or other causes beyond the control of the Company.
7. VARIATION OF TERMS AND CONDITIONS
7.1 The Company reserves the right to vary or amend any of the Terms and Conditions at any time at its sole discretion without prior notice to the Customers.
7.2 The Customer is advised and reminded to visit the Website and review the Terms and Conditions prior to placing any order for purchase. Once the order is placed, the Customer shall be deemed to have accepted the most current Terms and Conditions adopted at that time.
8.1 If any provision of the Terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the Terms and Conditions and shall be deemed to be deleted from the Terms and Conditions without affecting the other provisions of the Terms and Conditions.
8.2 No forbearance, delay or indulgence by the Company in taking actions or enforcing the provisions of the Terms and Conditions shall prejudice or restrict the rights of the Company nor shall any waiver or partial waiver of any provision hereof or waiver of a breach of any provision constitute a waiver in any other provision or of any future breach or breach of any other provision or operate as a continuing waiver.
9. GOVERNING LAW
9.1 The Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong and both the Company and the Customer agree to submit to the exclusive jurisdiction of the Hong Kong courts.