TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR ONLINE PURCHASE
1.1. In these terms and conditions and the Special Conditions (as defined below) (collectively referred to as the "Terms and Conditions"), "Sommthing HK Limited" or "we" or "us" means Sommthing HK Limited, a division of Sommthing HK Limited and the "customer" or "you" means any person, firm, company or body which places an order with us. Please read these terms and conditions carefully before using the website or our mobile app (as the case may be) (collectively "our e-store"). 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.
1.2. We shall make every effort 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.
1.3. We shall make every effort 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.
1.4. 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.
2.1. 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 your username and password;
You authorize 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.
2.2. Please inform us via our website/by email/by phone immediately of any changes to the information that you provided so that we can communicate with you effectively.
2.3. In the event that your account is not used for a specified period (currently, 3 years), we will, for your own and our protection, deem your account to be no longer in use, and we will deactivate your account and all your accumulated points and/or e-vouchers will be forfeited (where applicable). You will need to reapply for a new account if you wish to make further purchase at our e-store.
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.
4. PRIVACY PROTECTION
4.1. 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 in Hong Kong dollars. The prices listed in our e-store may differ from the prices of the same products in our physical shops. The applicable price shall be the price listed in our e-store as at the date of purchase.
4.2. Acceptance of orders is subject to our sole discretion. A final receipt will be issued to you when goods are delivered to your address, or goods are collected at our physical store (as the case may be).
5.1. 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.
5.2. 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.
5.3. 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.
5.4. These Terms and Conditions embody the entire agreement between the parties and they supersede all previous negotiations, representations and agreement between the parties.
5.5. We have the right, at any time, or from time to time, by giving prior notice to you, to modify or vary or supplement all or any of the provisions under these Terms and Conditions.
5.6. If any dispute arises, our 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.
5.7. 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 we 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 SOMMTHING HK LIMITED ("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 prevail.
6. SOMMTHING HK LIMITED PAYMENT TERMS
6.1. We accept Visa and MasterCard.
6.2. The maximum amount per transaction is as below:
- Visa / MasterCard: HK$50,000
Note: When inputting card numbers please do not input space or dash.
6.3. Under Credit Card Purchase Protection service (e.g. Visa Verification Service, MasterCard Secure Code) customers can enjoy safe and secure shopping by using their own credit card with specific password or security code. Credit cards used for shopping should be valid and under the purchaser’s own name.
6.4. Where there are additional charges for delivery, such charges will be set out separately for your acknowledgement and confirmation prior to proceeding to payment.
7. NOTIFICATION FOR ORDERING
7.1. Our e-store only accepts orders for delivery in Hong Kong to the specified billing address or collection at a designated physical location in Hong Kong.
7.2. Placing an order means you agree to purchase products or services in accordance with the Terms and Conditions set out herein. After receiving your order, we will acknowledge receipt of your order. However, it is not an acceptance of your order. We reserve the right to reject any purchase order without giving any reasons. In the event that we are unable to accept your order (for example due to payment issue), we will notify you by phone or email.
7.3. If your order is accepted by us, we will confirm with you accordingly and advise the date and time of delivery or availability for collection at a designated physical store.
8. DELIVERY SERVICE
(applicable if you have selected to have your order(s) delivered to a designated billing address)
8.1. You may enjoy free delivery service to your specified billing address when your order satisfies our minimum purchase amount at HK$900 at our e-store (as specified under your invoice). For purchase amount below HK$900, a delivery charge of HK$150 shall apply.
8.2. Delivery service is only available at addresses located in Hong Kong Island, Kowloon, New Territories, except area (Discovery Bay, Tung chung, Chek Lap Kok Airport and Ma Wan). This service is available from 10am to 6pm every day excluding public holidays .
Should you have any inquiry about delivery, please feel free to contact our Customer Service Department.
8.3. Next Day Delivery
For successful orders placed at our e-store between 9am to 2pm between Monday and Friday(excluding public holidays) and confirmed by us via email, the estimated time for delivery to your specified billing address will be on the following day.
For orders placed after 2pm on Saturday, Sunday or any public holiday, the earliest estimated delivery date will be the day following the next business day.
We will deliver as scheduled to the best of our ability.
Next Day Delivery may be affected due to seasonal factors (e.g. special promotional events) and festive periods (e.g. Christmas or Chinese New Year) as we may need to cope with high volume of orders.
8.4. Delivery service is not available:
at non-permanent address, restricted areas, outlaying islands, hotel guest rooms, ports, marinas and warehouses;
at premises above 4th floor of a building which are not accessible by elevator for delivery of 5 cases or more; and
where there are no authorised or legitimate unloading area within 50 metres of the building of the delivery address.
8.5. After your order has been accepted, we will confirm with you about the expected delivery time and date. Please check whether all your ordered items are delivered against the invoice/delivery note (as the case may be) upon delivery, then sign and return the delivery note to our courier to confirm your acceptance of goods.
8.6. In case where the deliveries are delayed due to hoisting of typhoon signal no. 8 or above or black rain storm signal, we will try our best to arrange the products to be delivered on the next day.
8.7. If you fail to receive your ordered products upon the first delivery appointment or you give us inaccurate information on your address, we reserve the right to charge you an additional delivery fee for subsequent delivery(es).
8.8. All expected delivery dates and time are estimates only. We shall not be liable for any loss or damage incurred or suffered by the customer as a result of any late delivery.
8.9. We reserve the right to charge storage fees at $5 per bottles per month in the event that you fail to receive the ordered products within 2 weeks from the date of order confirmation not arising from our faults. In such case, you are required to settle any outstanding fees before you can collect your order.
8.10. In case of any dispute, our determination shall be final.
9. EXCHANGE AND REFUND
9.1. Subject to 9.2 below, you are entitled to exchange products which are found to be damaged or not in good condition upon delivery. In such case, you can contact our customer service department to make arrangement for exchange within 7 days of receipt. Otherwise under normal circumstances, we would not accept any request for exchange of products or cancellation of orders.
9.2. Wine or champagne above HK$750 per bottle or over 10 years old shall not be refunded in any event.
9.3. If we agree you are entitled to an exchange but the products to be exchanged are sold out, you may return such product to us and apply the amount paid to buy alternative product(s).
9.4.In exceptional case at our sole discretion, we will refund the amount paid to your credit card bank account (takes about 4-6 weeks).
9.5.Original sales receipt or relevant electronic receipt must be produced to us for the request of a product exchange.
9.6.All gift items must be returned together with the returned products. Otherwise the retail value of the gift item would be deducted from the refund.
10.1. 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).
10.2. If you request Sommthing HK Limited plastic bag(s) from us with your orders, a charge of HK$0.50 per bag is applicable in compliance with the Plastic Shopping Bag Charging pursuant to Product Eco-responsibility Ordinance.
10.3. For any ordered goods remain undelivered for 6 months from the date of order confirmation or storage fees remain unpaid for over 6 months, we shall have the right to dispose of such goods at our own discretion without further notice to you. In such event, we shall not be liable to make any refund or compensation to you; and we reserve the right to continue claiming you for the outstanding storage fees.
10.4. We shall under no circumstances be liable for any loss (whether direct or indirect) of revenue, loss of profits 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.