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Terms and conditions for online purchase

This site (http://www.popularhealthproduction.com) ("this Site" or "PHP online store") has been especially designed by PHP for Customers using its online shopping services. This Site is owned and operated by Popular Health Production, Limited trading as Popular Health ("PHP", "we", "us" and “our").

If you wish to use the Mannings online shopping services or browse the PJP online store or otherwise use this Site, please read these Terms and Conditions carefully before using this Site. By accessing, browsing or using this 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.GENERAL

1.1In these Terms and Conditions, the following definitions shall apply:(a) “Affiliates” means any of our direct or indirect parent companies, our direct or indirect subsidiaries or affiliates, or any other entity that controls, is controlled by or is under common control with us (whether through direct or indirect ownership of fifty percent (50%) or more of the shareholding or voting rights, or the right to control the management of the entity or to appoint or remove a majority of the board of directors).
(b) "Click and Collect" means collection of Product(s) at a selected PHP physical store after placing an order via this Site.
(c) "Customer" means any person who accesses and uses this Site, and places an order with us including (without limitation) you.

(d) "Legal Notice and Disclaimer" means the legal notice and disclaimer applicable to this Site and all matters and services related thereto.

(e) "Privacy Policy" means PHP's policy and practices regarding the collection, use, retention, transfer and access of personal data collected in connection with this Site.

(f) "Price" means the applicable price of a Product as at the time of actual transaction denominated in Hong Kong dollars.

(g) "Product(s)" means any and all products offered for sale on PHP online store as at the time of actual transaction.

(h) "User Account" means an account that a Customer applied for on this Site and established after our review and approval to provide more convenience to the Customer in using this Site.

(i) “Terms and Conditions" means these terms and conditions, the Legal Notice and Disclaimer, the Terms of Use and the Privacy Policy.
(j) “Terms of Use” means the terms of use of this Site.

1.2All Products sold by PHP through this Site are subject to these Terms and Conditions. By registering for a User Account or by submitting your order for processing at popularhealthproduction.com either as a registered user or as a guest user, you confirm that you have read, understood and agreed to the Terms and Conditions in effect as at the time you submit your registration for a User Account or your order for purchase, as the case may be.

1.3These Terms and Conditions incorporate the Legal Notice and Disclaimer, the Terms of Use and the Privacy Policy, and as far as this Site (and all matters and services related thereto) is concerned, these documents shall prevail over any other document including any PHP store policy purporting to have a contractual effect in the event of conflict.

1.4You agree to provide accurate, complete and up-to-date registration information to register and create your User Account. For payment purposes either as registered user or guest user, you shall provide PHP with accurate and complete credit card information, and you represent and warrant to PHP that your use of the credit card or anyone else's use of the credit card via your User Account (details of which have been supplied) is authorised and lawful.

1.5PHP has the absolute discretion to refuse or terminate registration of a User Account by any Customers, and/or to amend or cease operation of PHP online store, Click and Collect services, delivery services and/or any services or functions provided via or in relation to this Site (in whole or in part), at any time, for any reason whatsoever and without any notice or liability to any Customers.

1.6You agree that you are responsible for all activities carried out on or through your User Account, and you authorise us to assume that any person using this Site with your User Account is either you or is authorised to act for you or by you to do so. You agree to pay for every order made under your User Account and agree to indemnify PHP for all claims, losses and damages whatsoever made by any third party arising from or in connection with the use of your User Account (whether or not authorised by you). You shall be responsible for safeguarding your User Account and registration information including your credit card details etc., provided to PHP. You shall be responsible for notifying the bank of any changes to your records, or loss, theft or unauthorised use of your credit card.

1.7Placing an order means you agree to purchase Products 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 shall make every effort to fulfil your order, but shall not be liable to you if we shall decline or become unable to fulfil an order for whatever reason, including supply shortage or supply modification, or consider unreliable for credit reason or otherwise in its sole discretion.

1.8You shall ensure that your password to your User Account is kept strictly confidential to prevent unauthorised use, and shall regularly update your password. You shall immediately change your User Account password and notify us if you reasonably suspect that there has been any unauthorized access or use of your User Account and/or disclosure of your User Account password. Mannings shall use its best endeavours to prevent any unauthorised access to popularhealthproduction.com. However, notwithstanding the foregoing, PHP shall not be liable for any losses or damages whatsoever if any third party gains unauthorised access to this Site or any User Account.

1.9The general maximum order quantity for any one transaction is 40 pieces per product, or such other quantity as specified by PHP at the time of the actual transaction. PHP will set, adjust or limit the maximum daily order limit (including the number of orders, the number of products and/or the total amount of orders) per guest user or user account (including registered emails and/or registered phone numbers) based on the inventory of each product. All orders are subject to acceptance by PHP at its sole discretion and are subject to stock availability and the terms and conditions of the relevant offer.

1.10Products and Prices displayed on this Site are for reference only and are subject to alteration or modification as at the time of actual transaction.

1.11In the event that your User Account is not used for a specified period (currently 24 months), we will, for your own and our protection, deem your User Account to be no longer in use and we will deactivate your User Account and all your accumulated points and/or e-vouchers will be forfeited (if applicable).

2.PRICE

PHP shall make every effort to ensure that Prices, details and sizes of Products detailed on popularhealthproduction.com are up-to-date but PHP reserves the right to vary the Price and other details of the Products or range of Products listed on this Site, without prior notice or any liability.

2.2Prices listed on popularhealthproduction.com are for online purchase only. Prices for some Products may differ from those charged for the same Products at PHP physical stores.

2.3 There may be discrepancies between the online bill and the final bill due to out-of-stock products, special offers and other unforeseen circumstances. PHP reserves the right to adjust the online bill and such adjustments will be marked on the final bill presented to the Customer at the time of delivery or order pick-up, and the Customer shall be charged in accordance with such final bill.

PHP online store may from time to time and at its absolute discretion set credit limits for any Customer and/or limit sales to any Customer including denying sales to re-sellers.

2.4There may be discrepancies between the online bill and the final bill due to out-of-stock products, special offers and other unforeseen circumstances. PHP reserves the right to adjust the online bill and such adjustments will be marked on the final bill presented to the Customer at the time of delivery or order pick-up, and the Customer shall be charged in accordance with such final bill.
PHP online store may from time to time and at its absolute discretion set credit limits for any Customer and/or limit sales to any Customer including denying sales to re-sellers.

2.5All Price does not include delivery charges.

3.PAYMENT

3.1Payment for Products ordered through popularhealthproduction.com shall be made by AlipayHK, WeChat Pay HK, Faster Payment System, or credit card (Visa &MasterCard).

3.2PHP may change at any time the method by which payments for orders at popularhealthproduction.com may be effected and such changes may be notified to you by e-mail, mailshots or by notice shown on this Site.

4.Delivery SERVICE

4.1Free delivery service will be provided for each order with net spending of HK$880 or above (only applicable for local order, after discount and after e-coupon/ promotion code discount).

4.2All expected delivery dates and times are estimates only, and you will receive prior notification from us in relation to actual delivery arrangement once your order and delivery are confirmed. For any orders placed by you for delivery by PHP online store, PHP shall use reasonable endeavours to deliver the Products ordered to the delivery address provided by you, PHP shall not be liable for any delays, change of delivery time or non-delivery for causes beyond its control.

4.3PHP shall deliver the Products as listed on a Customer’s "Shopping Cart" on this Site following the completion of an order. The Customer is required to include all purchase items (including free gifts and redemption items, if any) in the shopping cart when placing the order.

4.4PHP (in its sole discretion) will only provide delivery to Hong Kong Island, Kowloon and the New Territories of the Hong Kong Special Administrative Region. Delivery service will not be applicable to Outlying Islands and remote areas, including Tung Chung, Ma Wan and Discovery Bay. The delivery hours shall be between 9:00am to 8:00pm for Monday to Friday, 9:00am to 6:00pm for Saturday, except for some rural areas. Delivery service will not be provided on Sunday and public holiday.

4.5No delivery service shall be available when typhoon signal No. 8 or Black Rainstorm Warning Signal is hoisted, or such other weather condition whereby delivery is considered unsafe by PHP.

4.6Subject to clause 4.1 above, free delivery service only includes the first 2 floors. Additional HKD10 will be applied per floor starting with the 3rd floors.4.7You shall notify Mannings promptly via our customer service by sending email at help@popularhealthproduction.com or by phone at 3590 2300 of any changes to the information provided including delivery address so that we can communicate with you effectively and to deliver the Products to you.

4.8All deliveries shall be made to the entrance of delivery address which you provided. You are required to sign off on the delivery note as receipt of the delivery (except where you have specifically instructed PHP to leave the delivery outside the door, and you acknowledged that such delivery shall be at your own risk). You shall ensure that a person who is authorised to receive the order is present at the specified time of delivery to receive the order and sign off the delivery note. If no person is present, the delivery shall be withdrawn and attempted at another time agreed. In such circumstances, PHP reserves the right to charge you an extra delivery fee.

4.9PHP reserves the right to decline delivery of the Products to any Customers at its sole discretion absolutely.

4.10In case of any dispute, the decision of PHP is final and binding.

5.CLICK AND COLLECT Order

5.1All expected pick-up dates and times are estimates only, and you will receive prior notification from us in relation to actual pick-up arrangement once your order and pick-up request are confirmed. PHP shall not be liable for any delays for causes beyond its control.

5.2PHP shall prepare Products as listed on a Customer’s "Shopping Cart" on this Site following the completion of an order. The Customer is required to include all purchase items (including free gifts and redemption items, if any) in the shopping cart when placing the order.

5.3The pick-up time shall fall between the opening hours of the selected pick-up location.

5.4No pick-up services shall be available on the 1st day of Chinese New Year, and when typhoon signal No. 8 or the Black Rainstorm Warning Signal is hoisted, or such other weather condition whereby store operation is considered unsafe, without any prior notice.

5.5Order pick-up must be made within 7 days after receiving the pick-up notice (via SMS and e-mail); otherwise, order will be returned and discarded.

5.6The Customer shall present the pick-up notice (via SMS or e-mail) at the selected pick-up location for order pick-up, and signed off the receipt with indication of pick-up time. PHP may need further information to verify the identity of the Customer (such as information of the Customer’s User Account). Otherwise, PHP reserves the right to decline any Customers from picking-up the Products at its sole discretion absolutely.5.7Pick-up service charges will be exempted for each order with single net spending of HK$50 or above (excluding plastic bag charges).

6.CANCELLATION OF ORDER

6.1The Customer may cancel the order within 5 minutes after placing the order successfully on this Site without incurring costs. If the order has been placed for more than 5 minutes, the Customer will not be able to cancel it without the approval from PHP.

6.2If the Product ordered by the Customer is unavailable, the Product will be deleted from the Customer's order and the bill will be adjusted accordingly.

6.3All discount items, free gifts and redemption items are subject to stock availability. No substitution and no prior notice will be made if stock is not available.

7.TITLE

7.1All risks in the Products shall pass to the Customer upon delivery or collection of the Product by the Customer but PHP shall retain title in the Products until full payment has been received.

8.RETURN OF PRODUCTS / REFUND

8.1Under normal circumstances, unless approved by PHP at its sole discretion, PHP will not accept any request for return or refund of Products upon delivery or collection of Products.

8.2Images of Products on this Site may not correspond exactly to Product description and are for general reference only. The Customer shall not be entitled to return a Product or refund on the basis that it does not correspond exactly to its online image.

8.3This Site and all information on this Site and in relation to the Products are provided "as is" and for general reference only. We provide no warranties, representations or undertakings in relation to their accuracy or availability, or that they will be error-free and/or any errors will be fixed. To the fullest extent permitted by applicable law, PHP shall assume no obligation or liability for any advice or information provided with Products displayed on this Site and shall not be responsible for any inaccuracy or misstatement of any such information.

8.4PHP 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 via the below channels in accordance with the timelines specified below:
(a) If any Product proves to have been delivered or provided for pick-up in a damaged condition, expired, omitted in the delivery/pick-up, or if a wrong Product is delivered/provided for pick-up, PHP shall refund to the Customer the Price of that subject Product or replace the subject Product.
(b) Customers can raise the refund request by contacting our customer service for refund request within the aforesaid 14 days by sending email at help@popularhealthproduction.com or by phone at 3590 2300.(c) If any Product which was not included in the Customer's order is delivered to the Customer or provided for pick-up by mistake, PHP reserves the right to collect those Products.(d) If the Customer is charged more than the Price of a Product, PHP shall refund to the Customer the difference.(e) PHP will not refund or rectify discrepancies as aforesaid 14 days after delivery/order pick-up.
(f) All gift items / stamps must be returned together with the returned Products. Otherwise Mannings reserves the right of final decision in refund approval.

8.5PHP’stotal liability to any Product delivered/picked up in the aforesaid circumstances is limited to refund of the Price of the Product or replacement specified above. All other remedies are expressly excluded.

8.6Refunds shall be credited to the same credit card account which the Customer used for placing the order.

8.7In case of dispute, PHP reserves the right of final decision.

9.Personal Data and information

9.1In order to use this Site or register with us and create a User Account, it is necessary to provide us with the personal data that is indicated as “mandatory” on the registration or payment page on this Site. If you are unable or unwilling to provide us with complete and correct personal data that is indicated as “mandatory” on the registration or payment page, we may not be able to register a User Account for you or provide you with some of our services.

9.2You expressly agree and acknowledge that all personal data collected by PHP shall be managed in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) and the Privacy Policy, which may be amended from time to time.

10.FORCE MAJEURE

10.1PHP online store shall not be liable for any delay or non-performance of its obligations under the Terms and Conditions or this Site (including, without limitation, delivery or pick-up of an order), to the extent that such delay or non-performance is due to any circumstances beyond the reasonable control of PHP (which shall include, but not be limited to, fire, casualty, accident, act of God, natural disaster, pandemic, 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 PHP).

11.VARIATION OF TERMS AND CONDITIONS

11.1PHP reserves the right to amend these Terms and Conditions in its sole discretion and without prior notice to Customers. You are reminded to review the Terms and Conditions prior to submitting any order or registering a User Account. Once an order is placed or a User Account is registered, you are deemed to have accepted the Terms and Conditions prevalent at the time.

12.PREVAILING LANGUAGE

12.1In the event of any discrepancy in the English and Chinese versions of the Terms and Conditions, the English version shall prevail.

13.THIRD PARTY RIGHTS

13.1Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, these Terms and Conditions are personal to and are made solely for the benefit of the parties to them 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 term of these Terms and Conditions are expressly excluded and no terms of these Terms and Conditions are, or are intended to be, enforceable by any person not being a party to them. Notwithstanding the foregoing in this paragraph, third party rights under these Terms and Conditions shall be enforceable by Popular Health Production Limited ("PHPL") and/or an entity which, as at the time of enforcement, is a direct or indirect wholly-owned subsidiary of PHPL in accordance with the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction. 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 term of these Terms and Conditions, are not subject to the consent of any third party (including PHPL and/or any of the wholly-owned subsidiaries at all times). The term "subsidiary" shall have the same meanings as in section 15 of the Companies Ordinance (Chapter 622) as amended from time to time.

14.APPLICABLE LAW

14.1These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and you and PHP agree to submit to the exclusive jurisdiction of the Hong Kong courts.

15.GENERAL

15.1If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, it shall be severed from these Terms and Conditions and shall not affect the remainder of the Terms and Conditions which shall continue in full force and effect.

15.2A failure or delay by us to exercise any right or to act upon a breach under these Terms and Conditions will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of these Terms and Conditions must be in writing, and such waiver is limited to the particular right or breach stated in these Terms and Conditions.

15.3We have the absolute discretion to make changes to any of these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions is available on this Site.

15.4These Terms and Conditions set out the entire agreement relating to the supply of goods to you by us via this Site and they supersede all previous negotiations, representations and agreement between the parties.