TERMS AND CONDITIONS FOR ONLINE PURCHASE
 

1. General
   1. In these terms and conditions and the Special Conditions (as defined below) (collectively referred to as the “Terms and Conditions”), "Watsons" or “we” or “us” means Watsons Water, a division of AS Watson Group (HK) Limited and the "customer" or “you” means any person, firm, company or body which places an order with us. Please read these terms and conditions carefully before using the website or our mobile app (collectively “our e-store”). By using the 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. 2. We shall make every effort to ensure that prices, details and sizes of products at our e-store are up-to-date. Prices are subject to change without prior notice and all orders are subject to our acceptance at our sole discretion and stock availability.

1. 3. All photos and images of the products displayed on our e-store are for illustration purposes in order to help you recognise the products only. The actual size, dimension and colour of the products may differ.

1. 4. We shall make every effort to ensure product(s) displayed at our e-store are in stock. If from time to time any products become out of stock, we reserve the right to offer alternative product(s) of similar value and style.

1. 5. All orders are subject to confirmation of final availability and we reserve the right to reject the order in the event that any of the products or services requested are unavailable.

1. 6. It is illegal to sell alcohol to people under the age of 18. By placing an order with alcohol products, the Customer confirms that he/she is 18 years old or above. The Customer shall ensure that no person shall use his/her login to purchase alcohol products and a person aged 18 or above (identification required) must be present to take delivery or delivery shall be withdrawn and attempted at another time agreed.

2. Registration
   1. You are required to first register as an account to log into our e-store in order to place order for products or services. During the registration:
      • You must provide us with accurate, complete and up to date registration information;
      • You must safeguard your username and password: You authorise us to assume that any person using the e-store with your username and password is either you or is authorized to act for you;
      1. We have the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.
      2. We may allow you to log into our e-store using your MoneyBack Program or Drops of Fun Reward Program membership account. If such login method is available, you agree that you authorise MoneyBack Program and/or Drops of Fun to provide your relevant personal information to us on your behalf for the purposes set out under our Privacy Policy (click here for details).

1. 3. We may also allow you to acquire MoneyBack Reward Points for the purchase made at our e-store (if you are a MoneyBack Program member) in which case you may be required to provide us your MoneyBack Program membership number.  You agree that you authorise MoneyBack Program and us to provide to each other your personal data for the purposes set out under our Privacy Policy (click here for details).

1. 4. Please inform us immediately of any changes to the information that you provided via our Customer Service Department or by logging into your e-store account profile so that we can communicate with you effectively.

1. 5. In the event that your account is not used for a specified period (currently, 3 years), we will, for your own and our protection, deem your account to be no longer in use, and we will deactivate your account and all your accumulated points and/or e-vouchers will be forfeited (where applicable). You will need to reapply for a new account if you wish to make further purchase at our e-store.

3. Privacy protection
   
   3.1        We are committed to safeguarding the privacy of individuals with respect to personal data. We therefore make sure that our policies and practices in relation to the collection, use, retention, transfer and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486) under the laws of Hong Kong. Please refer to our Privacy Policy Statement (click here).

4. Payment
   1. Our e-store accepts payment by designated credit cards, debit cards or other designated electronic means as specified by us. All product prices listed are in Hong Kong dollars. The prices listed in our e-store may differ from the prices of the same products in our physical shops. The applicable price of a product shall be the price listed in our e-store as at the date of purchase.

1. 2. Acceptance of orders is subject to our sole discretion. A final record of purchase will be issued to you when goods are delivered to your address, or goods are collected at our physical store (as the case may be).
   3. To provide secure online transactions, we employ Internet's Transport Layer Security (TLS) technology. It encrypts your personal information, including credit card number, name and address, so that it would not be read as information travels over the Internet. To check TLS Certificate information, you can right click the mouse and choose "Properties" & "Certificates".

5. Others
   1. Basis of supply: We only serve and deliver products to end consumers. We are not selling our products for re-sell purpose.  If we have grounds to believe that you are not purchasing our products as an end user, we reserve the right to decline or cancel your order.
   2. Force majeure: We shall not be liable for any delay or failure to perform caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.
       
6. 3. You shall not assign, transfer or otherwise any of your rights and obligations under these Terms and Conditions to any other third party without our prior written consent.

1. 4. If any provision of these Terms and Conditions shall be construed to be illegal or invalid, they shall be removed from these terms and it shall not affect the legality, validity and enforceability of the other provisions of these Terms and Conditions.

1. 5. These Terms and Conditions embody the entire agreement between the parties and they supersede all previous negotiations, representations and agreement between the parties.

1. 6. We have the right, at any time, or from time to time, without giving prior notice to you, to modify or vary or supplement all or any of the provisions under these Terms and Conditions.

1. 7. If any dispute arises, our determination shall be final. Where these Terms and Conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

1. 8. These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region, the People's Republic of China and the customer and Watsons to submit to the exclusive jurisdiction of the Hong Kong courts. We may revise the Terms and Conditions at any time without prior notice.

SPECIAL CONDITIONS FOR WATSMALL E-STORE (“SPECIAL CONDITIONS”)

These Special Conditions are supplemental to the Terms and Conditions for Online Purchase and are applicable to any orders placed under our e-store.  Should there be any inconsistency between these Special Conditions and the above Terms and Conditions for Online Purchase, these Special Conditions prevail.

6. Our payment terms
   1. Orders for delivery within Hong Kong

• We accept Visa and MasterCard payment.
• The maximum amount per transaction is as below:

Visa / MasterCard: HK$20,000. 

Note 1: When inputting card numbers, please do not input space or dash.

1. 2. Under Credit Card Purchase Protection service (e.g. Visa Verification Service, MasterCard Secure Code) customers can enjoy safe and secure shopping by using their own credit card with specific password or security code. Credit cards used for shopping should be valid and under the purchaser’s own name.
   3. e-Vouchers and e-Coupons: Only designated e-Vouchers and e-Coupons accepted by us can be redeemed at our e-store subject to the terms and conditions of each respective e-Voucher / e-Coupon (as the case may be).

1. 4. Where there are additional charges for delivery, such charges will be set out separately for your acknowledgement and confirmation prior to proceeding to payment.

1. 5. The single order amount must be not less than HK$50 (excluding delivery charge).

7. Notification for ordering at e-store

1. 1. Our e-store only accepts orders for delivery to the specified delivery address in Hong Kong.

1. 2. Placing an order means you agree to purchase products or services and appoint us to deliver the same on your behalf to your specified delivery address in accordance with these Terms and Conditions.  After receiving your order, we will acknowledge receipt of your order. However, it is not an acceptance of your order. We reserve the right to reject any purchase order without giving any reasons.  In the event that we are unable to accept your order (for example due to payment issue), we will notify you by phone or email.

1. 3. If your order is accepted by us, we will confirm with you accordingly and advise the date and time of delivery.

1. 4. In case any applicable gift items of your purchased products are not available, we will contact you accordingly. You may decide whether to accept another gift item, cancel the order or continue to purchase the products.

8. Delivery service for purchases at WatsMall e-store

1. 1. Free Delivery threshold to $350 or above, $50 will be charged if order fails to fulfill free delivery threshold. 

1. 2. Delivery service is only applicable to locations accessible by delivery vehicles to building with lift facility in Hong Kong Island, Kowloon, New Territories. For locations in Lantau (excluding Tung Chung), Lamma Island, Cheung Chau, Peng Chau and remote or restricted areas is subject to our discretion and delivery charge will apply as provided in clause 8.3 below.

1. 3. For special delivery requests such as delivery to special locations, building without lift facility or delivery at non-scheduled hours, the Customer shall prepay a special delivery charge of HK$50 for each product item with a minimum order of four items per order. All special delivery arrangements and charges are subject to change decided at our absolute discretion.

1. 4. After your order has been accepted, we will confirm with you about the expected delivery time and date. Before the arrival of the goods, you will receive a notification from our courier. Please check whether all your purchased items are delivered against the invoice/delivery note (as the case may be), then confirm your receipt of goods.

1. 5. In case where the deliveries are delayed due to hoisting of typhoon signal no. 8 or above or black rain storm signal, we will try our best to arrange the products to be delivered on the next business day.

1. 6. Home Delivery Services

• Normally, you can receive the orders by 5 working days when your order is accepted, payment is confirmed and you received "WatsMall eStore Order Processing" email.  Delivery time during public holidays such as Chinese New Year will be delayed and may also be affected by seasonal festivals (e.g. Christmas, Chinese New Year, and Easter) or overwhelming orders. Delivery will be delayed if a typhoon signal No.8 is raised or a black rainstorm warning is in effect.

• We will dispatch the deliveries as scheduled to the best of our ability.

1. 7. If you fail to receive your purchased products upon the first delivery appointment or you give us inaccurate information on your address, we reserve the right to charge you an additional delivery fee for subsequent delivery(es).

1. 8. All expected delivery dates and time are estimates only. We shall not be liable for any loss or damage incurred or suffered by the customer as a result of any late delivery.  The Customer agrees and accepts that the title to the products shall remain with Watsons Water until full payment of the products has been settled, whilst the risk of any loss or damage to the products shall transfer to the Customer upon delivery of the products. We are not responsible for any products left outside or unattended at the delivery point at the Customer's request.

1. 9. Any “Supplier Direct” order is handled and delivery by supplier directly, which will not combine with the orders of our e-store or another  “Supplier Direct” order. The relevant supplier will contact you via phone / email that marked in the order record separately.  Supplier will also charge certain amount for delivery fee but can waive when meet the requirements of minimum spend.   The special terms and conditions set out here in shall apply to the “Supplier Direct” orders.

1. 10. In case of any dispute, our determination shall be final.

9. Exchange and refund
   1. Under normal circumstances, we would not accept any request for exchange of products or cancellation of orders. Customers are requested to examine the goods immediately upon delivery for any deficiencies, damages to their appearance, and whether all accessories are included. Claims (if any) must be lodged to our customer service hotline or email us within 7 days from the date of delivery, otherwise we shall have the discretion to refuse your claim after delivery.

1. 2. If we agree you are entitled to an exchange but the product(s) to be exchanged are sold out, you may return such products to us and apply the amount paid to buy alternative product(s).

1. 3. Requirements for Product Exchange Requests

i)  Customers are required to provide the relevant information set out below for the following types of product exchange requests.  Other than the following scenarios, Customers are advised to call Watsons Customer Service hotline during office hours or email for assistance.

Damaged / Defected item(s):

Deficiencies and/or damage of product appearance (except packaging). Please provide batch date code / serial number of equipment.

Incorrect item(s) or quantity:

Item(s) are different from your order. Please provide order acknowledgement (if any).

Missing item(s) or parts:

Please provide batch date code and image of the product and/or copy of order confirmation.

Expired item(s):

Please provide batch date code and image of the product.

ii) All gifts and free issues are not eligible for exchange.

iii) Exchange is not applicable in cases of wrong delivery status. Please call WatsMall Customer Service during office hours or email for assistance. We will follow your order with the logistics team and contact you directly.
 

1. 4. In exceptional case at our sole discretion, we will refund the amount paid (inclusive of the relevant delivery charge) to your relevant payment account which you applied to settle the payment or other means as mutually agreed The refund process takes about 6-8 weeks.

1. 5. If e-Vouchers, e-Coupons and/or MoneyBack Reward Points were redeemed for the relevant purchase, relevant adjustments will be made accordingly.

1. 6. Original sales receipt or relevant electronic receipt must be produced to us for the request of a product exchange.

1. 7. All gift items must be returned together with the returned products. Otherwise the retail value of the gift item would be deducted from the refund.

1. 8. Please note that only one refund request can be made per order.

10. Others
    1. Title to the product shall remain vested in us until we receive full payment of the price, and title and risk shall pass to the customer upon collection of the product(s) by our delivery team or by the customer.

1. 2. For any ordered goods you are unable to take delivery within 30 days from the original scheduled delivery date or if you fail to pick up the products within 10 days from the scheduled pick-up date (for self pick-up), we retain the right to forfeit any payment received for the ordered items, and/or to dispose of the relevant order at our own discretion without further notice to you.  In such event, you agree that we shall not be liable to make any refund on your order or any compensation to you.

1. 3. We shall under no circumstances be liable for any loss (whether direct or indirect) of revenue, loss of profits or any indirect or consequential loss whatsoever suffered, sustained or incurred by you or by other person arising (directly or indirectly) out of the sale and purchase transaction with you.

1. 4. Plastic shopping bag charge will be applied if purchase of any fresh, chilled and frozen food. The charge is $2 for 1 to 5 items, $3 for 6 to 10 items, $4 for 11 to 15 items, and $5 for 16 to 20 items. The maximum charge is $5 per order.

Plastic shopping bag charge are not subject to promotions, discounts and free gifts.

No refund service for Plastic Shopping Bag Charge.

SUPPLEMENTAL TERMS AND CONDITIONS FOR WatsMall SUPPLIER DIRECT SERVICE 
These supplemental terms and conditions for WatsMall Supplier Direct Service (“Supplemental Terms”) govern the supply of products listed for sale on the “Supplier Direct” service (“Supplier Direct Service”), which is made available on WatsMall or mobile application (the “site”).

These terms and conditions are supplementary to the Terms and Conditions for Online Purchase stated above, which also apply to purchases made on the Supplier Direct service. In the event of any conflict, these terms and conditions shall take precedence over the Terms and Conditions for Online Purchase.
Please read these Supplemental Terms carefully before ordering any products from the site. You should understand that by ordering any of the products on the Supplier Direct Service, you agree to be bound by these terms and conditions. Where a sale and purchase is agreed through the Supplier Direct Service, a contract of sale is established solely between you and the supplier pursuant to these terms and conditions.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND THE SUPPLIER
1.    By agreeing to these terms and conditions during the checkout process, you are agreeing to enter into a contract of sale with the Supplier. We act as an agent in the name of and on behalf of the Supplier in concluding a contract of sale between you and a Supplier, and in handling certain related ancillary obligations on the Supplier’s behalf. We are not a party to any contract of sale between you and a Supplier, and where a sale and purchase is agreed through the Supplier Direct Service, the contract of sale is established solely between you and the Supplier.

2.    You may place an order to purchase a Product advertised for sale on the Supplier Direct Service by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the "Checkout" button. No amendments can be made by you to your order after this point.

3.    After placing an order, you will receive an e-mail from us acknowledging that we, on the Supplier’s behalf, have accepted your order. There may be situations when your order is subsequently cancelled, if for example, the Supplier does not have your product in stock. In this instance you will be refunded in full via the same payment method, and we nor the Supplier will accept any liability whatsoever for such cancellations. If there are no issues with fulfilling your order, you will receive an email, phone call, SMS, WhatsApp message or any other form of communication advising you when the Product has been dispatched. The contract between you and the Supplier for the sale of a Product will be formed once we send you an email confirming your order. If you order several Products, each contract is formed between you and the respective Supplier as soon as we accept the order and send you a confirmatory email.

4.    The Supplier will not be obliged to supply any other Products in addition to what you have ordered.

5.    We may choose not to accept your order for any reason, and we will not be liable to you or to anyone else in those circumstances.

6.    We may be unable to process your order if:
•    the Product you ordered is out of stock or discontinued; or
•    there is a problem with authorisation of your method of payment.

7.    Certain Products made available on the Supplier Direct Service are subject to age restrictions imposed by law. Suppliers are not permitted by law to supply these Products to individuals who do not satisfy the relevant age requirement and, if you are underage, you must not attempt to order these Products. By using the site and / or making a purchase, you confirm and certify that you are of a legal age to purchase those Products.

DELIVERY
8.    The Supplier will deliver the Products to your address which must be situated in Hong Kong, in accordance with the delivery option specified by you when you placed your order.

9.    The Supplier will dispatch all Products comprised in your order at the same time albeit on some occasions in multiple packages. Delivery will be made to the delivery address specified in your order. The Supplier will provide to you information on where it delivers and the available delivery options. The Supplier may not be able to deliver items within the same order to multiple addresses. Neither we nor the Supplier are responsible for any additional carrying or positioning of Products ordered.

10.    There may be a delivery charge, which will be added when you checkout. Please make sure that you are satisfied with the delivery charge before confirming your order for Products at checkout.

RISK AND OWNERSHIP
11.    Once delivered, the Products ordered will become your responsibility and, except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered, neither we nor the Supplier will accept any liability for their loss, damage, or destruction after they have been delivered.

12.    Ownership of Products will pass to you on: delivery of the Products; or us receiving full payment of all sums due in respect of the Products on the Supplier’s behalf, whichever is the later.