This  e-commerce service (“this E-Comm Service”) has been especially designed (and is owned and operated) by The Dairy Farm Company, Limited 牛奶有限公司 (“DFI”, “we”, “us” and “our”) for Customers (defined below) using this  online shopping service. 

This E-Comm services provides a place and opportunity for the sale of goods between Customers and Sellers. “Seller” may refer to DFI or to a third party merchant other than DFI. Whether a particular Product (defined below) is listed for sale on this E-Comm Service by DFI or a third party merchant may be stated on the listing description of that Product. Products sold to you by a Seller will be governed by individual Buyer Contracts (see clause 1.7 below for more details), which: 

-         For Products sold by third party merchants, shall be agreements entered into directly and only between the third party merchant and you; and 

-         For Products sold by DFI, shall be agreements entered into directly and only between DFI and you. 

DFI is not a party to the Buyer Contract between you and the third party merchant, and accepts no obligations in connection with any such contract. Parties to such a transaction will be entirely responsible for the Buyer Contract between each other, including the listing of goods, warranty of purchase and other purchase-related details. 

If you intend to use this E-Comm Service or simply want to browse using this E-Comm Service, please read these Terms and Conditions carefully before using this E-Comm Service. By using this E-Comm Service 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.       General 

1.1.     In these Terms and Conditions the following definitions shall apply: 

1.1.1.  “Coupon” shall mean any coupons issued by the Seller and valid for use on this E-Comm Service, including but not limited to E-Coupons, Delivery Discount Coupons and Third Party Coupons. 

1.1.2.  “Customer” shall mean you and, where the context requires, all other persons who access this E-Comm Service under your Login. 

1.1.3.  “Delivery Discount Coupon” shall mean a Coupon issued by the Seller and valid for use on this E-Comm Service which is redeemable for discounts on delivery fees in accordance with these Terms and Conditions. 

1.1.4.  “DFI Banners” shall mean the banners/trading names used by DFI in Hong Kong to sell Products, including the banners/trading names Wellcome, Market Place by Jasons, Mannings and 7-Eleven and such other banners/trading names as DFI may use from time to time. 

1.1.5.  “E-Coupon” shall mean a Coupon issued by the Seller and valid for use on this E-Comm Service which is redeemable for discounts in accordance with these Terms and Conditions. 

1.1.6.  “Login” shall mean a Customer's login identification and password used to access to this E-Comm Service under that Customer's credentials. 

1.1.7.  “Order” shall mean the submission of an offer to purchase Products by a Customer made via this E-Comm Service. 

1.1.8.  “Price” shall mean the price of the relevant Product payable by the Customer. 

1.1.9.  “Privacy Policy” shall mean DFI’s applicable privacy policy regarding personal data collected in connection with this E-Comm Service as found on this E-Comm Service. 

1.1.10. “Product” or “Products” shall mean any and all the products for sale by Sellers on this E-Comm Service. 

1.1.11.  "Seller” shall mean the party selling Products on this E-Comm Service;  

1.1.12.  “Third Party Coupon” shall mean a Coupon issued through this E-Comm Service which is redeemable in connection with Products specified by a third party. 

1.1.13. “Transaction” shall mean the sale and purchase of Products by a Seller and Customer, respectively, through this E-Comm Service in connection with an Order.  

1.2.     All Products sold by the Sellers through this E-Comm Service are subject to these Terms and Conditions. By submitting your Order for processing on this E-Comm Service, you confirm that you have read, understood and agreed to the Terms and Conditions in effect at the time your Order is submitted for processing. 

1.3.     These Terms and Conditions incorporate the Privacy Policy and these documents shall prevail over any other document including any of the DFI store policies purporting to have a contractual effect unless such document expressly states that it prevails over these Terms and Conditions. 

1.4.     The Customer agrees: (i) to provide complete and updated information for registration on this E-Comm Service; and (ii) that he/she is only entitled to hold one registration on this E-Comm Service at any time. For credit card payment registration, the Customer shall provide DFI with accurate and complete credit card information, and represents and warrants to DFI and the Sellers that the Customer’s use of any credit card registered with this E-Comm Service is authorized and lawful. The Customer must also comply with the following conditions when using this E-Comm Service: 

1.4.1.  each Customer must only have one registered mobile number and device per registration; use of multiple mobile numbers and/or devices by the same Customer is specifically prohibited; and 

1.4.2.  any Customer seeking repeated or multiple use of Coupons or other benefits that are made available to Customers on a one-off basis per Customer, will result in any such illegitimate use of such Coupons or benefits being made void and/or the Customer’s registration being terminated. 

DFI and the Sellers reserve their rights to recover from the Customer the value of any illegitimately used Coupons or benefits. 

1.5.     DFI has absolute discretion to refuse the registration of any person as a Customer and to terminate the registration of any Customer for any reason whatsoever. 

1.6.     The Customer agrees to pay for every Order made using his/her Login. The Customer shall be responsible for updating his/her registration information including his/her credit card particulars recorded through this E-Comm Service. The Customer shall be responsible for notifying his/her bank of any changes to his/her records, or loss, theft or unauthorized use of his/her credit card. 

1.7.     All Orders shall be subject to the Sellers’ acceptance in their sole discretion and each Order accepted by a Seller (such accepted Order to be referred to as a “Buyer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from the Seller accepting your Order, the Seller shall not be party to any legally binding agreements or promises made between the Seller and you for the sale or other dealings with the Product(s) and accordingly the Seller shall not be liable for any losses which may be incurred as a result. The Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion. 

1.8.     The Seller shall make reasonable efforts to fulfill Orders placed by Customers through this E-Comm Service, but shall not be liable to any person if the Seller declines or becomes unable to fulfill an order for whatever reason, including but not limited to supply shortage, changes in supply, unavailability of delivery service due to the Customer’s location, or if an incorrect Price was charged for a Product. 

1.9.     Notwithstanding the provisions of clause 1.8, the Seller reserve the right to decline any Order if the Seller, in their absolute discretion, considers the credit of the Customer unreliable, or for any other reasons. 

1.10.   Neither DFI nor the Seller shall be responsible for the Customer’s management of his/her password. The Customer shall ensure that his/her password is kept strictly confidential to prevent unauthorized use of his/her Login. DFI shall use reasonable efforts to prevent any unauthorized access to this E-Comm Service. However, DFI and the Sellers shall not be liable for any loss or damages whatsoever if any third party gains unauthorized access to this E-Comm Service using the Customer’s Login. 

1.11.   In each Transaction, for standard delivery services (i.e. Orders made in the morning delivered later in the afternoon or next day as determined by the Seller or DFI (or its agents) on behalf of the Seller; or Orders made on one day delivered the next day or by a scheduled date in the future as determined by Seller or DFI (or its agents) on behalf of the Seller) the maximum order quantity for each Product is 99. Other limitations and restrictions will apply for any express delivery service offered by Seller or DFI (or its agents) on behalf of the Seller (i.e. delivery estimated within one hour from the Order being placed), which may include limiting the number of Products and/or the weight of the Products, per Order.  

1.12.   Products and Prices displayed on this E-Comm Service are for reference only and are subject to adjustment or modification at the time the relevant Order is placed.  

1.13.   Prices do not include delivery charges, service charges or plastic bag charges. Please see clause 4.12 for details on delivery charges.  

1.14.   The range of Products available for purchase differs depending on the district selected for delivery. Switching districts will reset the range of Products available for purchase.  

1.15.   A Customer may cancel an Order at any time prior to the Products ordered being packed, assigned to a picker or confirmed for delivery by the Seller. If the Product being ordered is a special item (“Special Item”) requiring the Seller to pre-order or pre-purchase the Special Item (e.g. pre-purchased or pre-paid Products for festive occasions, such as: moon cakes for the Mid-Autumn Festival; Christmas and New Year hampers; advance orders for real Christmas trees) for the Customer (as notified to the Customer in this E-Comm Service for that Special Item), then Customer will not be able to cancel such Order upon payment confirmation. Other special terms and conditions for Special Items may apply as noted in the Product descriptions in this E-Comm Service – such special terms may include minimum pre-order periods, minimum orders, specific delivery dates, special delivery charges, etc. 

2.       Price 

2.1.     The Seller will make reasonable efforts to ensure that details of Products (including listed Price, size etc.) displayed on this E-Comm Service are up-to-date, however the Seller reserves the right to vary the listed Price and other details of the Products without prior notice. 

2.2.     The listed Prices advertised on this E-Comm Service apply to online shopping only. Prices for some Products may differ from those charged at Sellers’ physical stores, if applicable. The Price of certain Products, in particular fresh produce, is subject to daily fluctuation and is offered for guidance only.  The Price of a Product shown on the checkout page when the Customer submits an Order is subject to adjustment pursuant to clauses 2.3 and 2.4. The Price charged by the Seller for the relevant Product shall be the Price set out in the final bill shown in this E-Comm Service at the time of delivery. 

2.3.     Not all Product sizes will correspond exactly to the description offered in this E-Comm Service. The Seller reserves the right to provide the nearest Product size at the nearest Price provided it is not materially different that that ordered by the Customer. 

2.4.     There may be discrepancies between the bill shown on the checkout page in this E-Comm Service when the Order is submitted, and the final bill shown in this E-Comm Service at the time of delivery, if there are variations to the relevant Order due to out-of-stock products, substitutions, the unavailability of special offers affecting the Price of Products (for example, if discounts on purchases of more than one Product of the same type is not available due to the requisite number of Products being unavailable for purchase), and weighed items (for example, where Products are purchased by whole units but its Price is set according to its weight which could vary from unit to unit). DFI and the Seller reserve the right to adjust the bill in this E-Comm Service for such variations in the relevant Order, and such adjustments will be marked on the final bill shown in this E-Comm Service at the time of delivery. For weighed items, please note that the price listed on the checkout page in this E-Comm Service is for initial calculation of the bill to conclude Customer’s order, based on the pre-estimated weight for such order. The actual price to be charged on the final bill at the time of delivery will be based on the exact weight of the weighed item Customer has ordered but will not in any event exceed the price listed on the checkout page in this E-Comm Service. The label price appearing on pre-labelled catch weight items delivered to you may be different to the price appearing on your final bill, as label prices apply to in-store purchases only. 

2.5.     If the Customer requests a variation to the Order which the Seller has accepted, then the total Price payable for the Order will be adjusted accordingly to reflect the variation and recorded on the final bill shown in this E-Comm Service at the time of delivery. 

3.       Payment Methods 

3.1.     This E-Comm Service currently supports payment methods including, Visa and Mastercard online credit card payments. Please complete payment within 15 minutes after the Order is submitted. Otherwise, the Order will be automatically cancelled.  

3.2.     Third party payment services are used by DFI to process Transactions. When placing an Order, the Customer will need to agree to and accept the relevant terms and conditions of such third party payment services in order for the Order to be processed. Credit card details will be collected, processed and retained by DFI (on behalf of the Seller) and/or the payment service providers to process the Transactions and/or respond to any queries in relation to the Transactions. The Customer agrees to bear (on a joint and several basis with any other person who accesses this E-Comm Service using the Customer’s Login) any loss caused by Customer during the course of, or arising out of or in relation to, any credit card transaction processed by third party payment service providers.  DFI and the Sellers shall not be liable for any loss, in part or in full, under any circumstances in connection with such credit card transactions. 

3.3.     DFI may change the payment methods available for settling Transactions on this E-Comm Service at any time. Customers will be notified of any such changes through email, text messages or this E-Comm Service. 

3.4.     If the Customer wishes to pay with a credit card, DFI will request authorization from the relevant card issuer to hold the full purchase amount of the Order. The authorized amount held will not be available for use by the Customer while the Order is being prepared. The authorized credit card will only be charged after delivery is completed. 

3.5.     If the Customer cancels the order or the ordered items are out of stock before it has been billed, any authorizations placed on Customer’s credit card account can take up to 45 days to reverse, depending on the credit card issuer. Please contact the related financial institution for the specific timeframes. 

3.6.     In order to strengthen the security of Transactions made using this E-Comm Service, Customers are required to verify their identity through the use of one-time passwords for each Transaction. Credit card issuers will provide the one-time password via SMS to proceed with authentication. Please ensure you have enabled the one-time password authentication function in this E-Comm Service. 

4.       Delivery 

4.1.     The Sellers will arrange for delivery of the Products to the Customer, depending on the Products being ordered. The Sellers or by DFI (or its agents) on behalf of the Sellers, as applicable, shall use reasonable efforts to deliver Products for which an Order has been placed to the delivery address specified on the registration form or the delivery address last on record of the Customer within the time slots selected by the Customer, but shall not be liable for any delays, changes of delivery time or non-delivery for causes beyond its reasonable control. 

4.2.     The Sellers, shall deliver Products in the Customer’s shopping cart in this E-Comm Service after the Customer places an Order for such Products and settles payment for the Transaction. The Customer shall include all Products he/she wishes to purchase (including free gifts and redemption items) in the shopping cart when submitting the Order. The Customer shall not be entitled to delivery of any items not included in the shopping cart when submitting the Order. 

4.3.     The Sellers will only deliver Products to Hong Kong Island, Kowloon, the New Territories, and some designated rural areas or the outlying islands of the Special Administrative Region of Hong Kong.  

4.4.     No delivery services will be available on the 1st and 2nd day of Chinese New Year, when the typhoon signal No. 8 or the black rainstorm signal is hoisted, or when delivery is considered by the Seller, or by DFI as the delivery agent on behalf of the Seller, to be unsafe due to other weather conditions. 

4.5.     No delivery services will be available to premises situated in buildings which have no lawful unloading areas within 50 meters of the building. Delivery services are not available for areas that cannot be reached directly by the Sellers delivery vehicles or buildings without a functioning lift to the third floor or above.  

4.6.     It is the responsibility of the Customer to immediately notify the Seller of any change to his/her delivery address after placing an Order, via this E-Comm Service. 

4.7.     The Customer shall take delivery of all Products delivered pursuant to an Order within the designated time slots requested by the Customer (other than Products that are out of stock), otherwise: 

4.7.1.  DFI, on behalf of the Seller, will charge payment for the Products ordered according to their respective Prices in accordance with clause 2.  If any adjustments to the Prices are made in accordance with clause 2.3, or variations are made to the Order pursuant to clauses 2.4 and 2.5, the difference in the total Price for the Order shall be paid by, or refunded to, the Customer (by credit card) before delivery of the Products; and 

4.7.2.  The Seller reserves the right to cancel the Order.  

4.8.     All deliveries shall be only made to the entrance of the delivery address specified on the registration form. The Seller has no obligation to make deliveries to any specific location at the delivery address. When receiving deliveries, the Customer shall confirm receipt of the Products with delivery personnel (unless the Customer has specifically instructed the Seller to leave the Products outside the door; such deliveries shall be at Customer's own risk). The Customer shall ensure that a person aged 16 or above who is authorized to receive the ordered Product(s) is present at the specified time for delivery at the Customer's address to receive the order Product(s). If no such person is present, the delivery shall be withdrawn and attempted at another agreed time slot. In such circumstances, the Seller and/or DFI, on behalf of the Seller, reserves the right to charge the Customer an extra delivery fee at the absolute discretion of the Seller. 

4.9.     If the delivery includes alcoholic drinks, tobacco products or any other Product which the Seller is prohibited from selling to a minor, a person aged 18 or above (with identification) must be present to take delivery of the alcoholic drinks, tobacco products or such other Products. If no person aged 18 or above is present, delivery shall be withdrawn and attempted at another agreed time slot. In such circumstances, the Seller and/or DFI, on behalf of the Seller, reserves the right to charge the Customer an extra delivery fee at the absolute discretion of the Seller. 

4.10.   In the interest of protecting your Customer rights, you should check the Products delivered before confirming receipt, including but not limited to checking: the type, form and quantity (including the smallest packaged unit) of Products, Price, free gifts, external packaging, whether the invoice corresponds with the Order, the condition of frozen Products, and so on. When the delivery arrives, the Customer may remove the external package to check the Products, however internal package of items should remain unopened until after the Customer has confirmed receipt. Otherwise, neither the Seller, nor DFI (or its agents), making the delivery on behalf of the Seller, is liable for issues in connection with such Products. 

4.11.   The Sellers reserve the right to decline to deliver Products to any Customer in their absolute discretion.  

4.12.   A delivery fee will apply (as determined by the Seller from time to time) unless waived by the Seller in its discretion.  

4.13.   . Orders may be subject to a minimum net spend requirement which may vary from time to time. 

4.14.   Customers can return the designated shopping bags used to deliver Products purchased under this E-Comm Service to delivery personnel when Products are delivered. 

4.15.   Delivery personnel making the delivery reserve the right to refuse collection of any damaged designated shopping bags. 

4.16.   Only designated shopping bags will be accepted for collection. No other types of cooler bags/recycle bags will be accepted for collection. 

4.17.   Designated shopping bags given to the Customer on the day of delivery cannot be returned immediately. The Customer may return such designated shopping bags upon the next delivery. 

4.18.   The Sellers’ physical stores will not accept any cooler bags, recycle bags or shopping bags provided by the respective Sellers’ store delivery service (i.e. delivery services provided by the physical store and not through this E-Comm Service). 

4.19.   Details of any arrangements related to shopping bag collection herein may be subject to change without prior notice. 

4.20.   In case of any dispute regarding the terms of any arrangements related to shopping bag collection herein, the decision of the Seller shall be final and binding. 

5.       Special Products 

5.1.     If the Customer's order includes any tobacco or alcohol products, the Customer must be 18 years old or older and can lawfully purchase such Products. 

5.2.     The Customer shall ensure that no person or persons shall use his/her Login to purchase tobacco or alcohol products if that person or those persons are not 18 years or over, or are not able to lawfully purchase such Products. 

6.       Title 

6.1.     All risks in the Products shall pass to the Customer upon delivery, however the Seller shall retain the title in the Products until full payment has been received by DFI on behalf of the Seller. 

6.2.     Products sold by DFI Banners (as identified in the descriptions for those Products as appearing on the E-Comm Service) are sold by DFI as the Seller to the Customer. 

6.3.     Products sold by third party merchants other than DFI, are sold by those merchants (as identified in the descriptions for those Products as appearing on the E-Comm Service) as the Seller to the Customer. 

7.       Returns of Products/Refunds 

7.1.     Images of Products on this E-Comm Service may not correspond exactly to the Product or Product descriptions and are for reference only. The Customer shall not be entitled to return a Product on the basis that it does not correspond exactly to its image on this E-Comm Service. 

7.2.     Neither DFI, as the operator of this E-Comm Service, nor the Seller, as the offeror of the Product(s), assume any obligation or liability for any advice or information provided with Products as displayed on this E-Comm Service and shall not be responsible for any inaccuracy or misstatement of any such information. 

7.3.     The Seller, and/or DFI, acting as the delivery agent on behalf of the Seller, as applicable, 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 to contactus@yuurewardsclub.com.hk or hotline (phone +852 3001 1299):  

7.3.1.  If the Seller determines in its absolute discretion that any Product was delivered in a damaged condition, past its sell by date, or omitted in the package prepared for delivery, or if the wrong Product was delivered, the Seller shall either refund to the Customer the Price of that Product or replace the Product. Customers must notify contactus@yuurewardsclub.com.hk within 24 hours of receipt of the relevant Order in connection with such issues for the Seller’s consideration. 

7.3.2.  If any Product which was not part of the Customer's Order is delivered to the Customer by mistake, the Seller reserves the right to collect the wrongly delivered Product. 

7.3.3.  If the Customer was charged for a Product which has not been delivered, the Seller, or DFI on behalf of the Seller, shall refund to the Customer the Price of that Product as actually charged to the Customer after all applicable discounts. 

7.3.4.  If the Customer is charged more than the applicable Price in connection with any Product, the Seller, or DFI on behalf of the Seller, shall refund the difference to the Customer or provide the Customer with a Coupon of equal or higher value, as determined by the Seller, or DFI on behalf of the Seller, in its discretion.  

7.4.     The Seller’s liability in connection with any Product delivered is limited to refund or replacement of the Product as specified above. All other remedies are excluded.  

7.5.     Refunds shall be credited, at the option of Seller or DFI on behalf of the Seller, to the Customer's credit card account as supplied in the registration form. Promotion codes, discount codes or Coupons used in an Order for which a refund is made will not be reinstated or refunded by DFI or the Seller.  Neither the Seller nor DFI on behalf of the Seller, will be obligated to refund any amount deducted from the sum payable under the relevant Order through the use of promotion codes, discount codes or Coupons.  

7.6.     In case of dispute as to the Customer’s remedies under this clause 7, the decision of DFI on behalf of the Seller shall be final and binding. 

8.       Use of Coupons and Vouchers and Promotions with Orders 

8.1.     Coupons can only be used if the net purchase amount for the Order is at least HK$10 (after deducting the value of any Coupons and other discounts). 

8.2.     Coupons cannot be redeemed for cash, and no change or refund will be given for any unused value on any Coupon. Each Coupon can only be used in one Transaction. 

8.3.     Coupons cannot be used to purchase certain Products.  For details, please refer to the terms and conditions of each Coupon. 

8.4.     E-Coupons and Third Party Coupons can be used on this E-Comm Service to redeem cash discounts only, and cannot be used for deducting any applicable delivery fees (the discount will be applied to the Order by deducting from the Price of each Product a proportionate amount based on the Price of each Product); Delivery Discount Coupons can be used for deducting delivery fees only. 

8.5. Customers may apply one E-Coupon, and one Delivery Discount Coupon with each Transaction. Customers may apply more than one Third Party Coupon to any Transaction provided the Third Party Coupons do not relate to Products specified by the same third party. 

8.6.     In order to use any Coupon, Customers can simply select the relevant Coupon under the “Coupons” section on the checkout page. 

8.7.     Coupons cannot be redeemed for orders made through fax or by way of telephone. 

8.8.     If a Customer cancels any Order settled using any Coupons, or applied for a Product return in connection with an Order that was settled using any Coupons, the Coupons used in such Orders will not be reinstated or refunded.  Please see clause 7.5. 

8.9.     Coupons may expire and/or otherwise become invalid.  The Seller is not obligated to re-issue, reinstate, extend the validity period of, or issue any refund on the value of any Coupons that have expired or become invalid.  Please refer to the terms and conditions of the relevant Coupon for details. 

8.10.   Not all promotions available or promoted in Wellcome, Market Place by Jasons, Mannings, 7-Eleven or such other banner stores or any other communication channels will be available on this E-Comm Service. 

8.11.   In case of dispute in connection with the use of any Coupons or application of any promotions on this E-Comm Service, the decision of DFI on behalf of the Seller shall be final and binding. 

9.       Coupon Centre 

9.1.     The Seller may make different types of Coupons available for collection in the Coupon Centre section of this E-Comm Service. 

9.2.     Customers may collect Coupons from the Coupon Centre by clicking on Coupons shown on the screen as available for collection. Coupons collected by a Customer will be allocated to that Customer’s E-Comm Service account. 

9.3.     The number of each type of Coupon available for collection by Customers may be limited, and will be made available to Customers on a first-come-first-served basis. Coupons will be removed from the Coupon Centre once all the relevant Coupons available for collection have been collected by Customers. 

11.      Packaging Handling Fee 

11.1.   A packaging handling fee may be charged in accordance with the applicable legal requirements including those on plastic shopping bag fees. 

12.      Scan and Go Express 

Some stores in Hong Kong operated by DFI under the Wellcome, Market Place by Jason, Mannings, 7-Eleven and other banners may support this E-Comm Service’s Scan and Go Express function (“SGE”) (please check onsite at the store location). This function permits Customers to use this E-Comm Service on their electronic devices to scan Products in store and check-out using designated SGE check-out isles. In such a case, the following terms will apply:  

12.1.   Each Customer’s use of SGE will be subject to certain limitations on the number of times used per day and the number of items included in each Order. Each store may apply different limitations and this can be verified on this E-Comm Service when using SGE at a particular store.  

12.2.   Certain Products are not suitable for the SGE service.  

12.3.   If the Product contains a gift, please scan the barcode of the gift (if any) or request assistance from the store staff.  

12.4.   To complete the purchase of the Order using SGE, the Customer must process payment using this E-Comm Service, generate a QR Code and scan that QR Code using the terminal at the designated SGE check-out isles.  

12.5.   If the Customer's SGE Order includes any tobacco or alcohol products, the Customer must be 18 years old or older and can lawfully purchase such Products, otherwise the Customer is not permitted to purchase such tobacco or alcohol products.  

12.6.   You can only apply for after-sales service for any SGE Orders at the applicable store at which you purchased the Products using SGE.  

12.7.   In case of any dispute regarding the use or application of SGE, the decision of the Seller shall be final and binding.  

13.      Force Majeure  

13.1.   If the performance by DFI or the Seller of its obligations under this E-Comm Service is prevented by reason of "force majeure" (including but not limited to fire, war, death, accident, acts of God, natural disasters, riots, civil commotion, blockades or embargoes, pandemic or epidemic or the widespread of disease of any nature, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region or of any of its agencies or regulatory bodies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delays in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of DFI or the Seller (as applicable)), DFI and the Seller (as applicable) shall be excused from such performance to the extent it is prevented from performing its obligations by reason of force majeure. 

14.      Variations of Terms and Conditions 

14.1 DFI reserves the right to amend these Terms and Conditions in its absolute discretion and without prior notice to Customers. The Customer is reminded to review the Terms and Conditions prior to submitting any Order. Once an Order is placed, the Customer is deemed to have accepted the Terms and Conditions prevalent at the time. 

15.      Prevailing Language 

15.1.   In the event of any discrepancy in any translation of this text, the English version shall prevail. 

16.      Third Party Rights 

16.1.   Notwithstanding the Contracts (Rights of Third Parties) Ordinance (Chapter 623) and/or any comparable law in any jurisdiction, these Terms and Conditions are personal to and are made solely for the benefit of DFI, the Seller and the relevant Customer, and shall not create or give any rights to, or purport to confer any benefits on, any third parties whatsoever.  The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any provision of these Terms and Conditions are expressly excluded and no provision of these Terms and Conditions are, or are intended to be, enforceable by any person not being DFI, the Seller or a Customer.  The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to these Terms and Conditions, or any provision of these Terms and Conditions, are not subject to the consent of any third party (including DFI Retail Group Holdings Limited). 

17.      Severability 

17.1.   If any of the provisions in these Terms and Conditions are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable clause. Each clause and sub-clause in these Terms shall be treated as a separate and independent provision, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses. 

18.      Applicable Law  

18.1.   These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region. The Customer, DFI and the Seller agree to submit to the jurisdiction of the Hong Kong courts. 

19.      Rules on posting comments  

19.1.   Brief summary 

19.1.1.          The aim of the rules specified in this clause 19 is to facilitate Customers’ expression of fair, objective and authentic comments based on their actual purchases, to which other Customers may refer.  These rules are based on the Privacy Policy and act as a reference for applying the Privacy Policy to Customers’ use of the commenting feature of this E-Comm Service. 

19.1.2.          Customers must abide by the Privacy Policy and these Terms and Conditions.  In the event of discrepancy between the Privacy Policy and these Terms and Conditions, the Privacy Policy shall prevail.  

19.2.   Content of comments 

19.2.1.          Customers may comment on Products and the delivery service based on actual Transactions settled by them after they have received the Products. 

19.2.2.          Comments may consist of product reviews and delivery service reviews. Product reviews include ratings, comments, and delivery service reviews include ratings and comments. 

19.2.3.          Customers currently do not have the ability to remove comments that they post on this E-Comm Service.  

19.3.   Principles of commenting  

Customers agree that their comments should be honest and acknowledge that their comments may be an important point of reference for other Customers and the Seller in connection with the relevant Product. Customers must not post comments that:  

19.3.1.          contain unlawful content or content that depicts acts of violence; 

19.3.2.          are irrelevant to Products purchased by the Customer； 

19.3.3.          consist only of numbers, random alphabet letters, garbled text, punctuation marks, or emoji； 

19.3.4.          are obscene； 

19.3.5.          include personal attacks and malicious falsehoods against any person； 

19.3.6.          that repeats itself for 60% or more of the comment, and has no value as reference; 

19.3.7.          that contravene applicable laws or the Privacy Policy.  

19.4.   Comment Moderation  

19.4.1.          To ensure fair, objective and authentic comments, DFI may implement technical means of regulating comments to prevent the posting of comments in violation of these Terms and Conditions, or comments that are malicious, inappropriate and abnormal that damage or impair this  E-Comm Service’s commenting system, or maliciously disparage DFI’s or the Seller’s reputation. 

19.4.2.          DFI has the sole right to determine whether comments posted by Customers and the notifications from DFI/the Seller regarding delivery services are accessible by other Customers. 

19.4.3.          DFI reserves the right to delete comments generated in connection with transactions not made in accordance with these Terms and Conditions, including but not limited to comments that contain content that contravenes these Terms and Conditions, or fraudulent content, or relate to Transactions made by a Customer in collusion with third parties or merchants to influence ratings or rankings of any Product on this E-Comm Service. 

19.4.4.          DFI may delete any comments that, in its opinion, contain negative and untruthful information, and were maliciously made by a Customer for the purpose of obtaining any benefit. 

19.4.5.          DFI may delete or censor any profanity, promotional messages or meaningless content in comments posted about a Product, Transaction or after-sale services. 

19.4.6.          DFI may censor or delete comments in its absolute discretion. 

19.4.7.          In connection with the abovementioned comments or conduct of any Customer, DFI may, among other things, take actions to verify the identity of the relevant Customer, block, censor or delete comments of such Customer, restrict such Customer’s ability to post comments, and restrict such Customer’s ability to make purchases on this E-Comm Service. 

19.4.8.          The Customer bears all legal responsibility in the case of any contravention of applicable laws and these Terms and Conditions by posting unlawful or copyright infringing content, or comments that do not comply with these Terms and Conditions. BY USING THIS E-COMM SERVICE, THE CUSTOMER AGREES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO INDEMNIFY AND HOLD DFI, THE SELLER, AND ANY OF DFI’S AND THE SELLER’S DIRECTORS, EMPLOYEES, OFFICERS, AFFILIATES, AGENTS AND CONTRACTORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF THE CUSTOMER’S BREACH OF THESE TERMS AND CONDITIONS, THE CUSTOMER’S USE OF THIS E-COMM SERVICE OR THE ACTIONS OF ANY PERSON PLACING ANY ORDERS FOR PRODUCTS USING THE CUSTOMER'S LOGIN. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL DFI OR THE SELLER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE CUSTOMER’S USE OF OR INABILITY TO USE THIS E-COMM SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF DFI AND/OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  The Customer gives consent and agrees to DFI’s and the Seller’s use of the Customer’s personal information when necessary, in accordance with the law and the Privacy Policy, or if requested or demanded by the Hong Kong Police Force, or the judiciary of Hong Kong, or any other applicable law enforcement authority.