Terms and Conditions

Terms of Use

These Terms and Conditions of Use apply to users of the online shop of Health Park Limited ("this website"). This website is owned and operated by Health Park Limited (hereinafter referred to as " Health Park", "the company", "we”, “our" or "us"). Your use of this website is governed by the following terms and conditions of use ("Terms of Use"). Before using this website, please read the following terms carefully. By using this website or any part of this website, you represent that you have read these terms of use and agree to be governed by them.

General

In these Terms of Use, the following definitions shall apply:
“Content” includes, but not limited to text, software, scripts, code, designs, graphics, photos, icons, images, sounds, music, videos, applications, interactive features and all other content on the Website.

1.       “Intellectual Property Rights” means any and all intellectual and industrial property rights now in force or that come into force in the future in any part of the world whether or not registered or registerable and includes all applications and rights to apply for registration (and renewals and extensions of any registration) of such rights as well as all rights of action and remedies in relation to past infringements including rights in or in connection with:

• 1(a). confidential information, business or trade secrets, know-how;
• 1(b). inventions, patents (including supplementary protection certificates);
• 1(c). copyright (including the rights to secure copyright renewals and extensions of copyright, copyright not yet in existence but that comes into existence in the future and all other rights of a like nature by law in force in any part of the world);
• 1(d). trademarks, service marks, business or trade names;
• 1(e). design rights, topography rights; and
• 1(f). database rights, together with all other rights of a similar or corresponding character or nature.

2.       Disclaimers & Limitation of Liability

This website is available "as is" and "as available". You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the Website, including, without limitation, implied warranties of title, quality, merchantability, non-infringement, and fitness for a particular purpose. We do not warrant use of this Website will be uninterrupted or error-free or that errors will be detected or corrected. Health Park does not warrant that the Website, Content, and code included on, or otherwise made available through, the Website, our servers, or electronic communications sent from Health Park are free of viruses, malicious code or other harmful components, and Health Park assumes no liability for any delays, inaccuracies, mistakes, errors or omissions. To the extent permitted by law, we disclaim all implied and/or express warranties and make no representation as to the accuracy, suitability, applicability, completeness, reliability or usefulness of the information disclosed or accessed through the Website. We have no duty to update or modify the Website, and we are not liable for our failure to do so.In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or third parties, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the Website, the use of the Website or our agreement with you concerning the Website, including, but not limited to, compensatory, consequential, incidental, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction.

3.       This website may contain links to other websites in order to provide you with more information and services. In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including without limitation, any loss of business or profit, arising out of any use, or inability to use, or any transactions entered into through this Website.

4.       Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages, so the above limitation or exclusion may not apply to you. If any limitation on remedies, damages or liability is prohibited or restricted by law, we shall remain entitled to the maximum disclaimers and limitations available under these Terms of Use, at law and/or in equity. We reserve the right, at any time and from time to time, to modify or update the Terms of Use, with or without notice.

These Terms of Use contain statutory notices and disclaimers and a privacy policy. In the event of any other documents purporting to be contractually binding (including any of the Company's store policy documents), these Terms of Use, Legal Notices and Privacy Policy shall prevail.
You agree to provide complete and up-to-date information in order to register with this website.
You agree not to use this website for any purpose or use that is illegal or infringes the intellectual property rights of any third party.

Order

1. When you place an order, the price of the product is subject to the price indicated on the date of order.

2. All product prices on this website are calculated in Hong Kong dollars.

3. The system will send a SMS/email to the mobile phone/email address you used for registration to confirm that we have received your order. The SMS/Email does not constitute a delivery commitment for the ordered product items.

4. After all products are checked out, the transfer needs to be completed within three days (excluding Saturday and Sunday), and the transfer paper should be uploaded. Orders that fail to transfer funds in time may be canceled directly. At that time, you need to create an order again.

5. We reserve the right at our sole discretion not to accept or cancel an order for any reason, including but not limited to:

l   5(a). The product you ordered is not in stock; or

l   5(b). The order is not transferred in a timely manner; or

l   5(c). Delivery cannot be arranged for your area; or

l   5(d). The price indicated for one or more of the products you ordered is incorrect due to human or computer error or incorrect pricing information provided by the supplier.

All orders cannot be canceled after submission, whether the order has not yet been accepted or rejected by you.

Delivery Service

Home delivery service: All orders above HK$1000 are eligible for our free home delivery service. For orders totaling less than HK$499, please refer to delivery charge arrangement as below.

SF Locker Pickup: If your order meets the requirements of SF Locker Pickup, you can use the SF Locker Pickup service. For purchases over HK$300, you can enjoy free smart locker self-pickup service. If the shopping amount is less than HK$300, a smart locker self-collection service fee of HK$25 will be charged.

SF Locker Pickup conditions:

1. Total product weight is less than 12KG.

2. All items are eligible for locker service.

SF Express Service: If you choose SF Express to pick up your order, there is no minimum shopping amount threshold. Once the order is confirmed, the pick-up point cannot be changed. Order delivery costs must be paid by you

*Each order can only be delivered to one destination / pick-up location.

Delivery services shall delay when typhoon signal, a red or black rainstorm warning is hoisted; or such other weather conditions whereby delivery is considered unsafe. In this event, you will be contacted to re-schedule delivery time.

We currently do not deliver to the following areas:

l   Outlying islands, including Lamma Island, Cheung Chau and Peng Chau (except Disneyland, Tung Chung)

l   Restricted districts and areas that private cars cannot access.

We will deliver the products ordered by you to the address you give us for delivery at the time you make your order through our staff or a third-party provider. You shall accept the products yourself (except where you have specifically instructed us to leave your delivery outside the door or at the concourse – missing delivery under such circumstances shall be at your own risk) when the products are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order in the event of your failure to accept delivery for whatever reasons.

Refund & Replacement

Unless otherwise specified, no return or exchange of merchandise will be accepted. If you find that the products delivered to you are damaged, incorrect, insufficient or having quality problems and etc. after receiving, and the expiry date is in less than 30 days (excluding items mentioned short shelf life and special discounted items that have been specially marked for short-term), you have to lodge your application for replacement to us within seven (7) days from the date of the receipt of the products and you also have to meet the following prerequisite conditions namely:

(A) all valid supporting evidence to prove your request for replacement of the products ;

(B) all valid supporting documents to prove that the product(s) in problem is/are purchased from HEALTHPARK.COM

(C) immediately sending the photos/videos of the product(s) in problem to us as an evidential proof through email(s) or instantaneous. communication software ;

(D) all product(s) in problem for replacement must be in its original state and not used; and

(E) all components and parts of the product(s) in problem including but not limited to its user menu, certificates, labels, marks, materials,

packing bags and boxes for replacement must be returned to us.

Force Majeure

If the performance by Health Park of its obligations relating to the services it supplies on this 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 Health Park), Health Park shall be excused from such performance to the extent of such prevention.

Privacy Policy and Personal Information Collection Statement (the “Privacy Statement”)

Health Park Trading Limited (collectively "we", “us”, the "Company" ) respect the privacy rights of visitors to the Company’s website and mobile app and of individuals who participate in, access or sign up to any of the Company's services, activities or online content including without limitation our business partners’ products and services (collectively referred to as "Services"). We endeavor to ensure that all our collection, transmission, storage and usage of personal data is carried out in compliance with the Personal Data (Privacy) Ordinance, Cap 486 of the laws of the Hong Kong Special Administrative Region (the "PDPO"). By providing your personal data to us, you are consenting to this Privacy Policy.

We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on our site. Your continued access and use of our site and our services shall represent your unconditional acceptance of the latest version of the terms and conditions.

1. Registration

‧            You are required to register with us when you use the services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.

‧            In consideration of your use of our services, you agree to:

‧            provide true, accurate, current and complete information about yourself when filling out our registration form; and

‧            maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.

2. Collection of personal data

‧            As a customer of our company or as a visitor of our website(s), it may be necessary for you to provide us with your personal data when you apply to us and / or continue to subscribe with us for a service and / or product, personal data including, but not limited to, your name,  telephone number, postal address/billing address , email address, credit card information, details of online transactions marital status and interests (collectively “personal data”) and must be 18 years of age or over. Refusal to provide such information or the information is incomplete or incorrect may deny you of access to certain parts of our web site, or may render us unable to handle any application or request you are making, or may otherwise defeat the objectives of your visit.

3. Use and Disclosure of Personal Data

If you provide any personal data to us, you are deemed to have authorized us to collect, retain and use personal information about you for the following purposes or for other purposes as may be agreed between you and us or required by law from time to time:

‧            processing your application as a Registered Customer/Member;

‧            operating, processing, maintaining and/or managing your account;

‧            processing and effecting sales, order, refunds and exchanges relating to products available for sale through our website, delivery and responding to your queries, feedback or claims;

‧            analyzing, verifying and/or checking of your credit, payment and/or status in relation to the provision of the services;

‧            providing you with our promotional materials;

‧            performing research or statistical analysis in order to improve our products and services and for marketing and promotional purposes;

‧            providing normal management, operation and maintenance of the performance of the services;

‧            designing new or improving existing services provided by us, our websites, our affiliates or our partners to you;

‧            investigation of complaints, suspected suspicious transactions and research for service improvement;

‧            prevention or detection of crime;

‧            disclosure as required by law;

We may only use your name, phone number, residential/other address and email address with your consent or with your indication of no objection to provide marketing materials to you (whether by phone, SMS, email, post or other media) relating to goods and services provided by us. This site is owned and operated by Health Park Trading Company Limited. Emails are only used by Health Park Trading Company Limited.

4.Retention of Personal Data

In your dealings with us and for auditing purposes, your personal data and records of your online transactions will be kept and retained by us for a reasonable period. Such information will be erased from our system in accordance with our internal policy.

All reasonable efforts are made to ensure that any personal data held by us is stored in a secure and safe place and accessed only by our authorized employees or authorized third party service providers.

5.Links

Our websites may contain links to other sites and pages which are operated by third parties. We have no control over the content of the linked websites or the way in which the operators of those websites deal with your personal data. You should review the privacy statement for those third-party websites, and we shall not be responsible for any damages or losses incurred or suffered by you arising out of or in connection with your use of the link(s).

6.Cookies

When you visit our web site(s), we will record your visit only and will not collect any personally identifiable information (i.e. information that is about you and identifies you) from you unless otherwise stated. Cookies used (if any) in any part of our web site will not be deployed for collecting personally identifiable information. For your information, Cookies are small computer files that can be stored in web surfers’ computers for the purposes of obtaining configuration information and analyzing web surfers’ viewing habits. They can save you from registering again when re-visiting a web site and are commonly used to track your preferences in relation to the subject matter of the web site. You may refuse to accept Cookies (by modifying the relevant Internet options or browsing preferences of your computer system), but to do so you may not be able to utilize or activate certain available functions in our web sites.

7.Access to and Correction of Personal Data

Under the Ordinance, you have the right of access to personal data held by us and to request correction of the data. If you have any questions regarding this Privacy Statement or if you want to access or correct your personal data, you may send your request in writing to our email address.

8. Disclaimer

8.1 The company and its employees, contractors and any third-party provider (collectively "HealthPark") make no representation or warranty in relation to:

(i)                The completeness, quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, HealthPark.com or the information (the “Information”) stored on or receivable through this or any other HealthPark.com server;

(ii)              Any goods or services accessed, offered or obtained through HealthPark.com or pursuant to the Information;

(iii)             The access to HealthPark.com or the Information will be uninterrupted or does not contain any viruses, or contaminating or destructive properties.

8.2 You shall not rely on the Information. HealthPark shall not be liable for any damages, loss, costs or expenses arises, directly or indirectly, from your reliance or use (whether authorized or not) of the Information or this website.

Termination

We may delete or temporarily cease the updates of any part or all of this Website or any related service(s) at any time with immediate effect without any notice and in our sole discretion for any reason.

Others

I.) We reserve the right to amend these Terms of Use from time to time in our sole discretion. You are reminded to review the Terms of Use regularly to ensure that you are familiar with the most recent version. By accessing and using this Website you agree to be bound by the most recent version of these Terms of Use.

II.) We also reserve the right to block users from certain IP addresses or Device numbers and prevent access to the Website.

III.) In the event of any discrepancy between the English and Chinese versions of the Terms of Use, the English version shall prevail.

IV.) If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of the Terms of Use which shall continue in full force and effect.

V.) If we do not act in relation to a breach of these Terms of Use by you, this does not waive our right to take action in respect of a similar breach of the Terms of Use by you in the future.

VI.) Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, these Terms of Use are personal to and are made solely for the benefit of Health Park and you 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 Terms of Use is expressly excluded and no Terms of Use are, or are intended to be, enforceable by any person not being a party to it.