Terms of Sale
1. THESE TERMS
- 1.1 What these terms cover. These are the terms and conditions on which we supply products to you via our official Private Conversational/eCommerce Service (“BACC Service”).
- 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- 1.3 Language. These terms are only available in English and Chinese. No other languages will apply to these terms. In the event of a discrepancy between the English and Chinese versions, the English version shall prevail.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
- 2.1 Who we are. We are L’Oreal Hong Kong Limited, a company registered in Hong Kong SAR. Our company registration number is 0012664 and our registered office is at 35/F., Sun Hung Kai Centre, 30 Harbour Road, Wan Chai, Hong Kong SAR.
- 2.2 How to contact us. You can contact us by:
- (a) speaking with us via our BACC Service;
- (b) visiting one of our Collection Points (as defined in clause 5.1(a) below) during its operating hours;
- (c) telephoning our customer care team at +852 3180 1647 during Monday to Friday from 9am to 6pm; or
- (d) email our customer service team at [email protected].
- 2.3 How we may contact you. If we have to contact you we will do so by writing to you via (as applicable) our BACC Service using WhatsApp message, WeChat message or Facebook message, email, SMS or call at the telephone number you provided to us in your order account and order detail.
- 2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails, SMS, social media messages via our BACC Service.
3. OUR CONTRACT WITH YOU
- 3.1 How we will accept your order. Our acceptance of your order will take place when payment for the goods is made successfully and we have received such payment in cleared funds, at which point a contract will come into existence between you and us. Once payment for the goods is made successfully and funds cleared, you would normally be directed to a page indicating payment success and your “order” page would list your order as “confirmed and being prepared”. Except as otherwise provided under this contract, all orders once successfully made cannot be cancelled by you, refunded nor exchanged. We reserve the right to cancel any order whether or not successful made.
- 3.2 If we cannot accept your order. If we are unable to accept your order, a landing page indicating that the order has not been placed will normally appear in default and we will not charge you for your order. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because of any credit issue on your WeChat Wallet or credit card (or any other accepted form of digital payment), because we have identified an error in the price or description of the product or because we are unable to meet a collection time you have specified.
- 3.3 Your order number. We will assign an order number to your order and tell you what it is when we receive your order request. It will help us if you can tell us your order number whenever you contact us about your order.
- 3.4 Who do we sell to. We are solely promoting our products and/or services in Hong Kong SAR and Macau SAR. You must be 18 years old or above, or have obtained prior consent from your parent or guardian in order to make a purchase with us on our site. You may only purchase up to 5 pieces per item within a single transaction. Each order for collection in or delivery to Macau SAR is limited to a total purchase amount of HK$10,000.
4. OUR PRODUCTS
- 4.1 Products may vary slightly from their pictures. The images of our products provided to you in relation to our supply of products are for illustrative purposes only. Although we have made every effort to display our products to you accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products, or that every image reflects the most updated version of our products from time to time. Your product may vary slightly from those images.
- 4.2 Product packaging may vary. The packaging of the product may vary from that shown in images provided to you in relation to our supply of products.
5. PROVIDING THE PRODUCTS
- 5.1 How we provide the products. You may elect to:
- (a) collect your product(s) in person at one of our Valentino Beauty boutiques in Hong Kong SAR and Macau SAR (“Collection Points”) at any time during its operating hours at least one (1) business day after your order is placed (“Collection Date”), see clause 5.2; or.
- (b) have your product(s) delivered by our courier to your postal address provided in your order (“Delivery Address”), see clause 5.3.)。
- 5.2 Collection by you. To collect the product(s), our beauty advisors at Collection Points must verify your identity based on the personal information you provided when you placed your order. Once you have selected the Collection Point at the time of placing the order, they cannot be changed. If you do not collect the product(s) from us within 14 calendar days from date of your order, the contract will be deemed terminated by you forthwith and any uncollected product(s) will be forfeited and no refund of the uncollected product(s) will be made.
- 5.3 Delivery to your address.
- (a) Where we deliver We only deliver to designated areas of Hong Kong SAR, and Macau SAR. Designated areas generally include Hong Kong Island, Kowloon,New Territories and Outlying Islands including Ma Wan, Chek Lap Kok (including HK International Airport), Hong Kong Disneyland, Ngong Ping 360, Cheung Chau, Lantau Island, Mui Wo, Tai O, Peng Chau and Lamma Island.. We do not deliver to P.O. Box, parcel locker or parcel pick-up service address or other general delivery address. Orders cannot be placed for delivery addresses situated outside these regions nor these general delivery addresses. All delivery fee is non-refundable.
- (c) How long delivery take. Except for Hong Kong SAR or Macau SAR public holidays or when Typhoon Signal No. 8 is hoisted or when the black rainstorm warning signal is issued, our delivery service is generally available from Monday to Saturday. In general, delivery to address situated in Hong Kong SAR will take around 5 business days (with additional 3-5 days for delivery to Outlying Islands), and delivery to address situated in Macau SAR will take around 7 business days, both from the date your payment is confirmed. Any delivery time quoted to you during our supply of products to you is for estimates only and do not form part of our contract with you. We will use our best effort where permitted under commercially reasonable circumstance to deliver the products within such estimated time but we cannot and do not make any guarantee. We shall not be liable for any failure to meet such estimated time or delay in delivery.
- (d) Completion of delivery. Delivery is completed on the delivery of goods at the Delivery Address and it is your responsibility to ensure your Delivery Address is accurate and complete. A signature is required upon delivery. If we fail to reach you at your Delivery Address the first time, we may re-arrange for a second delivery. If we fail to reach you at your Delivery Address at the second time, our obligation to provide the products to you under the contract will be deemed to be completed forthwith and all uncollected products will be forfeited and no refund will be made, unless otherwise agreed between us (including your responsibility to pay for any additional delivery fee for the products to be delivered again)..
- (e) Our discretion to deliver. For health and safety concern, if there are confirmed or probable COVID-19 cases at the delivery address, the delivery service will be suspended and re-arranged at our sole discretion. We will contact you accordingly. Our delivery service arrangement may be changed from time to time upon our sole discretion and we reserve the final right to refuse delivery.
- 5.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
- 5.5 When you become responsible for the goods. A product will be your responsibility from the time you collect it from us at our Collection Points or when delivery of goods is completed or deemed completed pursuant to clause 5.3(d).
- 5.6 When you own goods. You own a product once we have received payment in full and in cleared funds and the product has been delivered to (or collected by) you.
- 5.7 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product:
- (a) where supply of a product may be significantly delayed or may not become available for collection or delivery due to events that are unexpected or outside our control;
- (b) to deal with technical problems or make minor technical changes;
- (c) to update the product to reflect changes in relevant laws and regulatory requirements; or
- (d) due to a force majeure event.
- 5.8 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we suspend or tell you we are going to suspend supply of the product,
- (a) we may cancel your entire order and end the contract; or
- (b) you may contact us to end the entire contract,
6. IF THERE IS A PROBLEM WITH THE PRODUCT
- 6.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us using one of the methods set out in clause 2.2.
- 6.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
- 6.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, please contact us using one of the methods set out in clause 2.2.
7. PRICE AND PAYMENT
- 7.1 Where to find the price for the product. The price of the product will be the price indicated on your order pages when you placed your order. The price is quoted in Hong Kong Dollars (HK$) exclusive of tax. You are responsible for your applicable tax obligations in respect of your purchase. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 10.2 for what happens if we discover an error in the price of the product you order.
- 7.2 What happens if we got the price wrong. If there is an error in the price of any products and your order is accepted:
- (a) where the order is not yet delivered or collected by you, we will contact you as soon as possible to cancel the order in respect of the incorrectly priced product and provide you a full refund;
- (b) where the order has been delivered or collected by you, we will refund you the extra amount you have paid for the over-priced product(s), or if the order is under-priced, (subject to paragraph (c) below) we will charge the lower amount;
- (c) where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing but the order has been delivered or collected by you, we may end the contract, refund you any sums you have paid, and require the return of the products.
- 7.3 When you must pay and how you must pay. Payment must be made at the time of placing the order on our designated third party settlement platform before collection or delivery of the product. We accept payment via credit card including Visa, MasterCard and China Union Pay (as the case may be).
- 7.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know (see clause 2.2).
8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- 8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- 8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for products not compliant with the Sale of Goods Ordinance (Cap 26).
- 8.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
10. COLLECTING LOYALTY CLUB POINTS
- 10.1 Subject to clause 10.2 below, your purchase will earn you Valentino Beauty Dreams Club loyalty points (“Loyalty Points”) provided that you are either connected to your Valentino Beauty Dreams Club membership account (“Member Account”) at the time you are placing the order, or you have registered for a new Member Account on the landing page immediately after completing the order payment. Loyalty Points to be earned in respect of each order will be calculated in accordance with the terms and conditions of the Valentino Beauty Dreams Club set out https://www.valentino-beauty.hk/en/privacy-policy and any promotion and additional terms as there may be, both as at the date of purchase (namely, the date on which your payment is confirmed).
- 10.2 Loyalty Points in respect of any order will be only awarded in your Member Account after the order has been completed at the time of collection or delivery of the goods and will be credited in your Member Account within 2 business days after collection or delivery. Any Loyalty Points rewarded under this clause will be subject to the T&C as updated from time to time.
- 10.3 If you already have a Member Account at the time of your purchase, in accordance with the T&C your spending will also be accounted for any membership tier upgrade or downgrade. Any tier update will only become effective after the order has been completed at the time of collection or delivery of goods, and will only be recorded in your membership account under the order completion date within 2 business day after collection or delivery.
- 10.4 In case you have failed to collect the order in our store or receive our delivery under clause 5.3(d), no Loyalty Points will be rewarded, and no tier update will be applicable, in respect of that order. In case of any refund made under this contract, any Loyalty Points rewarded and/or tier upgrade under that order will be void.
11. OTHER IMPORTANT TERMS
- 11.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- 11.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 11.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- 11.4 Governing Law and Jurisdiction. These terms shall be governed by the laws of Hong Kong SAR law and the courts of the Hong Kong SAR shall have jurisdiction to resolve any dispute between us.
- 11.6 Language. These terms are written in the English language and may be available in the Chinese language for reference only. In case of discrepancy, the English version shall prevail.