General Terms and Conditions
- Meaning of Some Words
- Order Cancellation
- Returns or Exchanges
- Uncontrollable Force
- Non-confidential Information
- Limitation of Liability
- Modification of these Terms and Conditions
- Laws Applicable
Submission Date：14th May, 2020
Terms and Conditions
General Terms and Conditions
1a）We are Nestlé Hong Kong Ltd (collectively "we", the "Company" or "Nestlé") and we own and operate the site. Our site facilitates a convenient way to shop online and to enjoy watching entertainment content round-the-clock over the Internet, including by using our applications or software (“services”).
1b）By using our site you agree to be bound by the following terms and conditions. Please read them carefully.
1c）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.
2. Meaning of Some Words
2a) “customer” is a reference to you and anyone who uses your account to browse this site.
2b) “intellectual property rights” means any and all patents, trademarks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
2c) “Disclaimer of Warranties and Limitation of Liability” means the Disclaimer of Warranties and Limitation of Liability applicable to Nestlé eShop delivery service, which is listed here.
2d) “login account” means the login name and password of Nestlé eShop account upon registration.
2e) “Privacy Notice” means the policy adopted by us regarding the collection of personal information of customers and site visitors through this site, which is listed here.
2f) “price” is a reference to the selling price of the product on the day of transaction.
2g) “product” is a reference to any items that is selling on Nestlé eShop.
2h) “we”, “us” or “our” is a reference to Nestlé Hong Kong Ltd, who is the retailer of Nestlé eShop.
2i）“Nestlé eShop” means this site which is owned by Nestlé Hong Kong Ltd and any media used for selling Nestlé products.
2j) “you” or “your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.
3a) 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.
3b) You represent to us and to all suppliers of the merchandise through our site that all purchases made by you through our site will be within the scope of your authority to conclude contracts.
3c) In consideration of your use of our services, you agree to:
3c.1) provide true, accurate, current and complete information about yourself when filling out our registration form; and
3c.2) 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.
4a) When you place an order you are making an offer to buy from the supplier the merchandise you have specified at the price stated for those merchandise. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
4b) Macau delivery is only applicable for products listed in “Macau Delivery” section on Nestlé HK eShop.
4c) We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:
4c.1) details of what you have ordered;
4c.2) details of the price charged;
4c.3) information about the progress of your order; and
4c.4) estimated dispatch and delivery information.
This communication will be our acceptance of your order on behalf of the supplier. You may track your order status online.
4d) The availability of the merchandise is as shown online and will be updated regularly by us.
4e) We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including but not limited to:
4e.1) no sufficient stock to deliver the merchandise you have ordered;
4e.2) no delivery can be arranged for your area; or
4e.3) one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.
4f) If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
5a) Payments on Nestlé eShop can be made by credit cards. Payments will be settled in Hong Kong Dollars.
5b) Payment methods are subject to changes at any time. Changes made will be announced through email, mail and posted on Nestlé eShop website.
5c) If you are using credit card to make order, we will ask for authorization from the issuing bank, withholding the whole order fee through this process. When we prepare for dispatch, you cannot use the authorized amount, and the order fee will be officially deducted from your credit card after sending out the final receipt.
5d) If you have already returned the merchandise or the merchandise is out of stock before deduction, we will contact the bank by deadline on that day (22:00) and request for cancelling authorization. Any authorization from your credit card will be returned as long as 30 days, according to different issuing organizations. For detail arrangements, please contact related financial institutions.
5e) We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
6a) There will be no deliveries on Hong Kong and Macau public holidays, Sundays, when typhoon warning signal No. 8 or above or black rainstorm warning is in force or under any weather conditions, we think that will cause dangers on deliveries.
6b) If there are no legal loading and unloading areas within 50m of the building, we will not provide deliveries. Our delivery service does not cover locations that are not directly accessible by courier trucks or floors that are not directly accessible by elevators.
6c) There will be free deliveries for purchase over HK$350. We reserve our rights to change the purchase amount for free deliveries at any time. Delivery service is limited to Hong Kong and Macau, overseas delivery is currently not available.
For Hong Kong delivery, delivery service covers Hong Kong Island, Kowloon, the New Territories and Tung Chung. However, the following outlying island areas are currently out of our service coverage area: Discovery Bay, Ma Wan, Hong Kong International Airport, Cheung Chau, Lantau Island, Mui Wo, Pui O, Cheung Sha, Tong Fuk, Shui Hau, Shek Pik, Po Lin Monastery and Tai O. Delivery services do not cover P.O. boxes, SF Stores, smart lockers and restricted districts, including Shenzhen Bay Port, Lok Ma Chau, Man Kam To, Sha Tau Kok, Lo Wu and Hong Kong International Airport.
For Macau delivery, delivery service covers all areas in Macau except P.O. boxes, SF Stores, smart lockers and restricted districts.
6d) Our standard Hong Kong delivery time is from Monday to Saturday, 9am – 6pm (Monday to Friday only for commercial and industrial buildings). Normally, the expected delivery time is 4-6 working days after the order is placed. When the goods are ready, we will notify you through email and SMS. Our courier will also contact you on the day of delivery to confirm the delivery time.
Our standard Macau delivery time is from Monday to Saturday, 9am – 6pm (Monday to Friday only for commercial and industrial buildings). Normally, the expected delivery time is 5-7 working days after the order is placed. When the goods are ready, we will notify you through email and phone. Our courier will also contact you on the day of delivery to confirm the delivery time.
6e) Ice-creams and other grocery products are delivered separately. If you have ordered any ice-cream products, you will be contacted by phone to confirm the delivery date of the ice-cream products 1-2 working days after the order is placed. Our courier will contact you again by phone to confirm the delivery time on the day of delivery. Please ensure there is an authorized person to receive the parcel at the designated delivery time.
For orders containing KITKAT®️ products, all products in the order (excluding ice-creams) will be delivered to the address provided from mid-April onwards. When the goods are ready, you will be contacted by phone to confirm the delivery time on the delivery day. Please ensure there is an authorized person to receive the parcel at the designated delivery time. If there is no authorized person mentioned above, we will leave your parcel at the door / pass it to the management office of your building. Delivery packaging contains ice gel pack, please do not eat or drink.
6f) No dry ice is provided in the delivery.
6g) Delivery fee to door (if applicable): If there is no elevators at the delivery address or the floor is not accessible by elevators, we suggest picking up at ground floor, otherwise extra fee will be included based on the number of floors, excluding ground floor.
6g.1) If the parcel is 1kg-10kg or the delivery address is between G + 1 and G+ 8, extra fee of $30 per floor will be included.
6g.2) If the parcel is over 10kg and the delivery address is between G + 1 and G+ 8, extra fee of $60 per floor will be included.
6h) We will deliver the merchandise ordered by you to the address you give us for delivery at the time you make your order through a third party provider. You agree to present your photo identification upon request when you acknowledge receipt of the merchandise. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise 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 without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons.
6i) If there are any changes in your delivery address, you need to notice Nestlé or third party logistics company within 12 hours after your order.
6j) You will become the owner of the merchandise you have ordered when they have been delivered to you. Once merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
6k) We only provide delivery service to the entrance of the address on the registration form, without the obligation or responsibilities to other places you provide. You must sign and record the receiving time on the receipt to confirm you have received the parcel (Unless you have made special instructions to Nestlé or according to the Terms and Conditions of KITKAT®️products that we can leave the parcel outside the door and you have paid the delivery fee (You are responsible for the risk of this kind of delivery arrangement)). You must ensure there is authorized person to receive the parcel and pay the fee at the designated delivery time who is over 16 years old. If there is no authorized person mentioned above, we will try to deliver at another designated delivery time (excluding orders containing KITKAT®️ products). Nestlé reserve the right to charge extra fee under this situation.
6l) You must check if there are damaged products when you receive them. If there are damaged products, please fill in the electronic form under Contact Us at this site to arrange exchange of product. We reserve the right to reject any exchange of products that are signed when received.
6m) Free delivery service will be provided for any single order with purchase over HK$350 (after discounts or/and coupons and discount codes). Otherwise, HK$50 delivery fee will be included.
6n) There will be no further notice on any changes on the promotion conditions above.
6o) If there are any disputes, we reserve the right of final decision and interpretation.
7a) Order cannot be changed or cancelled once it is placed.
7b) We will use all reasonable commercial endeavors to ensure the supplies of products listed on the site. If any product cannot be provided to customers since it is out of stock, we will contact the customer and try to replace by similar products. Otherwise, the product will be deleted from the order and the bill will be adjusted accordingly.
7c) All orders are subject to final confirmation based on the stocks of related products. If we cannot provide any of the ordered products or services, we reserve the right to cancel the order. If we cannot provide any of the ordered products, we will contact you through phone call or email before delivery.
7d) The quantity of all promotional items, gifts and redemption items are limited. We will end the promotion or redemption once the item is out of stock. If any of these items are out of stock, there will be no replacement and no further notice.
8. Returns or Exchanges
8a) No return or exchange of merchandise will be accepted for sold products. Please read the returns or exchanges policy as specified by the supplier carefully before you place an order.
8b) Merchandise may be returned or exchanged within one (1) day of receipt if the merchandise you ordered are faulty, defective or damaged (with no fault on your part), or the merchandise are not what you ordered, or the delivery is of an incorrect quantity, provided that:
8b.1) You can provide valid proof on the detail of the merchandise you required exchange;
8b.2) You can show or upload valid document/proof to show the faulty merchandise are bought from us;
8b.3) Visuals of the faulty product and parcel box are provided as soon as possible through electronic form under Contact Us at this site as a proof;
8b.4) The merchandise that require exchange are not used and are kept at original state.
8c) Once you meet the above requirements and confirmed by us, we will arrange the exchange with the same merchandise within seven (7) days. Unless the exchanged product is faulty, merchandise exchange will be limited to one (1) time.
9. Uncontrollable Force
9a.) If due to any uncontrollable reasons (including fire hazard, injury or death, accident, natural hazard, any law enforced by HKSAR government or departments, order, announcement, rule, regulation or restriction, strike, labour dispute, labour or skilled worker shortage, product or supply shortage, transportation delay or any other reason beyond Nestlé’s control (no matter the same with the aforementioned)), that made us cannot fulfill the responsibilities stated at this site, we will not be responsible for these areas.
9b) For the safety of our employees, we reserve the right of stopping delivery service.
10. Non-confidential Information
10a) Any personal information and related information you sent through internet to us will be protected according to the Privacy Notice (link to Privacy Notice). We sincerely invite you to read through the Privacy Notice before providing us any personal information and related information.
10b) Any other information sent to us through internet, email or other methods, including personal information, question, comment, suggestion, opinion, visuals or similar information, will be treated as non-confidential and without ownership. What you sent or posted will belong to us, and can be used in any ways, including but not limited to copy, disclose, transfer, publish, broadcast and post. Notice that Nestlé reserve the right to use any comment, concept, knowledge or skill that you send to us by any reason, including but not limited to development based on that information, production and product promotion. Any uses mentioned above will not be subject to compensation to the information provider or any other party.
10c) When you send the information, it means that you make sure having the ownership of the information/content you sent us, and we will not be conflicting the rights of any third party regarding this kind of information/content.
11a) Without violating Article 12 below, any information, data and all content that you can find on the Nestlé website are provided to you according to their availability, and are not guaranteed in any form, whether explicit or implicit , Including guarantees for goods or for specific purposes and other guarantees.
11b) We do not represent or warrant that access to our site, or any of its contents will be accurate, uninterrupted, complete, reliable or fault-free.
11c) Certain legal jurisdictions may not allow specific restrictions on guarantees, therefore some of the above disclaimers may not be applicable to you.
11d) Any advice or information obtained from Nestlé or during the use of the Nestlé website services, whether oral or written, does not constitute any guarantee that is not expressively stated in the existing terms and conditions.
12. Limitation of liability
12a) When you log in, use, or browse the Nestlé website, you must bear the risks and hazards.
12b) You confirm and accept that, in accordance with the maximum permission of applicable laws and regulations, neither Nestlé nor any of its affiliates, or any person involved in the creation, production or transmission of the Nestlé website, should not be allowed to take responsibility for any direct, indirect or subsequent damage, reputation damage, cost loss, reduced turnover or profit, or liabilities of any nature (even if Nestlé knows or should know that such losses will occur) when you log in, use or otherwise fail to use this website.
12c) When using the Nestlé website, downloading or obtaining information in any other form, you need to take the risks and hazards. Nestlé does not take any responsibility for any damage caused by your login, use, or download of any Nestlé website content or any illegal interference and access to the IT system, or any virus that affects your computer equipment or other property.
12d) Nestlé reserves the right to suspend or terminate all or any part of the Nestlé website. Nestlé is not liable for the suspension or interruption of all or any part of the Nestlé website caused by the actions or actions to be taken of Nestlé or any third party.
13a) As a service provided to viewers, this website may provide hyperlinks to other websites that are not operated or controlled by Nestlé. Nestlé is not responsible for the legality, accuracy or functionality of the content of such websites.
13b) It is strictly forbidden to create any hyperlink to this website without the prior written consent of Nestlé.
14a) These terms and conditions contain all agreements between Nestlé and you regarding access to and use of this website and its content. Any other terms or conditions issued by Nestlé governing its relationship with you, especially those related to the sale of any service or product, shall be regarded as a supplement to these terms and conditions; if there is any discrepancy between the two, other terms or conditions shall prevail.
14b) Nestlé allows you to violate any part of these terms and conditions or Nestlé's failure to exercise its rights in accordance with these terms and conditions or laws and regulations shall not be regarded as a waiver to exercise its rights.
14c) If any clause of these terms and conditions is found to be illegal by existing or future laws or regulations, or is deemed illegal by a court order, those clauses will be abandoned, and all other clauses of these terms and conditions still exert full legal effect in the relationship between you and Nestlé.
14d) The headings of these terms and conditions are only for the convenience of users to read, and the original meanings of these terms and conditions should not be changed or modified under any circumstances.
15. Modification of these Terms and Conditions
15a) Nestlé reserves the right to make amendments to these terms and conditions at its absolute discretion without any prior notice to you. You should review these terms and conditions before submitting any order. By submitting an order, you have accepted the terms and conditions applicable at that time.
16. Laws Applicable
16a) These terms and conditions are governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region. The courts of the Hong Kong Special Administrative Region shall have jurisdiction over disputes over these terms and conditions.
Last update: 31st December, 2020