Terms and conditions

This is [Market Place by Jasons] online shopping site. By accessing this site, you agree that you have read these Terms and Conditions and that you accept and agree to be bound by them.

These Terms and Conditions also apply to all orders placed via other media including telephone or facsimile.

1

GENERAL

1.1

In these Terms and Conditions the following definitions shall apply :

a.: "Customer" shall mean you and all other persons who access this site under your Login.
b.: "Intellectual Property" shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, trademark, database or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof.
c.: "Legal Notice and Disclaimer" shall mean the legal notice and disclaimer applicable to this site.
d.: "Login" shall mean a Customer's personal password and access to this site under that Customer's registration.
e.: "Personal Data & Privacy Statement" shall mean the policy set out in clause 2 herein.
f.: "Price" shall mean the price of a product on the day of order.
g.: "Product/Products" shall mean any and all the products for sale on this site.
h.: "Market Place by Jasons" shall mean The Dairy Farm Company Limited, the seller of the products on this site.
i.: "[Market Place by Jasons] Online Shopping " shall mean this site owned by [Market Place by Jasons] and the medium by which Products are offered for sale by [Market Place by Jasons] to Customers.

1.2

All Products sold by [Market Place by Jasons] through this site are subject to these Terms and Conditions. By submitting your order for processing at this site, you confirm that you have read, understood and agreed to the Terms and Conditions prevalent at the time your order is submitted for processing.

1.3

These Terms and Conditions include Legal Notice and Disclaimer and Personal Data & Privacy Statement and shall prevail over any other terms and conditions including any store notices.

1.4

The Customer agrees to provide the complete and updated information for registration on this site. For credit card payment registration, the Customer shall provide [Market Place by Jasons] with an accurate and complete credit card information and represents and warrants to [Market Place by Jasons] that his use of the credit card as per the details submitted is authorised and legal.

1.5

[Market Place by Jasons] has the absolute discretion to refuse registration of any person as a Customer and to terminate the registration of any Customer for any reason whatsoever.

1.6

The Customer agrees to pay for every order made under his Login and agrees to indemnify [Market Place by Jasons] for all claims, loss and damages whatsoever arising from the actions of any person placing any orders using the Customer's Login. The Customer shall be responsible for updating his registration information including his credit card particulars with [Market Place by Jasons]. The Customer shall be responsible for notifying his bank of any changes to his record, or loss, theft or unauthorised use of his credit card.

1.7

All orders are subject to availability of Products and daily Prices. [Market Place by Jasons] shall not be liable to any person if an order cannot be fulfilled for any reason whatsoever, including supply shortage or supply modification.

1.8

Notwithstanding the provisions of clause 1.7, [Market Place by Jasons] shall have the sole discretion to decline any order for credit reason or otherwise.

1.9

Access to this site is gained through use of a personal password. [Market Place by Jasons] shall not be responsible for any offline password management and the Customer shall ensure that his password is kept strictly confidential to prevent unauthorised use. [Market Place by Jasons] shall not be liable for any loss or damages whatsoever if any third party gains access to this site using Customer’s Login.

1.10

In each transaction, the maximum order quantity for one SKU is HK$ 3,000. All orders are subject to [Market Place by Jasons]’s acceptance at its sole discretion and stock availability.

1.11

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

1.12

The Price does not include delivery charges which may be applicable. Please see clause 5.9 for details of delivery charges.

2

PERSONAL DATA AND PRIVACY POLICY

2.1

Any personal data provided by you to [ Market Place by Jasons] is voluntary. However, [Market Place by Jasons] may not be able to process or accept your request, application or enrollment if personal information supplied is insufficient. By accessing this site, the Customer hereby authorizes [Market Place by Jasons] to collect, retain and use personal information about the Customer.

2.1.1

Purposes of collection of data :

a.: processing your application for any [Market Place by Jasons] programme and assessing your credit worthiness;
b.: providing you with online shopping service;
c.: sending advertising and/or promotional materials to you and notifying you of special offers or new products, updates, promotions;
d.: enforcing any legal or other rights [Market Place by Jasons] may have against you including credit search and collection of payments;
e.: conducting research on new goods and services for you;
f.: performing statistical and analysis of your interests, behaviour and characteristics;
g.: sending you customerised shopping lists or promotions;
h.: making such disclosures as may be required for any of the above purposes or by law.

2.1.2

Classes of transferees

Your personal data may be disclosed and transferred to any one of the following classes of people :

a.: Our subsidiaries, affiliates and associated companies.
b.: Any agent, contractor, advertisers, network operators and third party under a duty of confidentiality to [Market Place by Jasons] who provides any advertising and marketing, administrative, data processing, computer, information technology or other services to [Market Place by Jasons] in connection with the provision of its services or operation of its business.

2.1.3

Safety of personal data

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 authorised employees or authorised Third Party Service Providers. The Data you provide to us will be kept by us in the appropriate form only for as long as is necessary to fulfil the purposes mentioned above after which it will be destroyed.

2.1.4

Right of access and inquiry

You have the right of access to personal information held by [Market Place by Jasons] and to request correction of the information. You may send your request in writing at the following address:

Customer Services Manager
The Dairy Farm Company Limited - Market Place by Jasons
5/F Devon House,
Taikoo Place,
979 King's Road, Quarry Bay
Hong Kong

OR email to mpjservice@dairy-farm.com.hk

[Market Place by Jasons] reserves the right to charge you a fee for processing any data access request.

3

PRICE

3.1: Your orders on this site are offers only and are subject to acceptance by [Market Place by Jasons].
3.2: All Prices, description and particulars of Products shown on this site are for reference only and are subject to stock availability and price / product modification.
3.3: The Prices posted on this site are for on-line shopping only. Prices for some Products may differ from those charged at the stores and are subject to daily fluctuation, in particular fresh produce.
3.4: There may be discrepancies between the on-line bill and the final bill due to out-of-stock products, substitutions, special offers, daily price changes and weighed items. [Market Place by Jasons] reserves the right to adjust the on-line bill and such adjustments will be marked on the final bill presented to the Customer at the time of delivery.
3.5: If the Customer requests a variation to the order which [Market Place by Jasons] has accepted then the Price payable for the order will be adjusted accordingly to reflect the variation and shall be recorded on the final bill presented to the Customer at the time of delivery.
3.6: [Market Place by Jasons] may at its absolute discretion from time to time set credit limits for any Customer or restrict purchase quantum for bulk buying.

4

PAYMENT

4.1

Payment for Products ordered through [Market Place by Jasons] Online Shopping may be made by credit cards, cash or cheque on delivery, or [Market Place by Jasons] shopping vouchers.

4.2

[Market Place by Jasons] reserves the right to change the payment methods at any time.

4.3

Customers who pay with Hang Seng enJoy Card will enjoy 5% discount subject to the terms and conditions below :

a.: A Customer must have successfully entered this site between 00:00 and 23:59 on 3rd, 13th and 23rd each month and use enJoy Card for online purchase;
b.: The discount offer is not applicable to baby milk powder, diapers, bird’s nest , chicken essence and Beauty and Healthy capsules;
c.: The offer cannot be used in conjunction with other special offers; and
d.: The offer cannot be used to defray delivery charge.
4.3.1: These terms and conditions is subject to change at the sole discretion of [Market Place by Jasons]. Please refer to the offer details at the time of patronage.
4.3.2: [Market Place by Jasons] reserves the right to vary or terminate the offer, and to amend the terms and conditions of the offer from time to time. In case of dispute, [Market Place by Jasons] reserve the right of final decision.

5

DELIVERY

5.1: [Market Place by Jasons] shall use reasonable endeavours to deliver Products to the delivery address specified on the registration form or last on record within the time slots selected by the Customer but shall not be liable for any delays, re-scheduling or non delivery.
5.2: [Market Place by Jasons] will only effect delivery to Hong Kong Island, Kowloon and the New Territories of the Special Administrative Region of Hong Kong and some designated rural areas or the outlying islands. The delivery hours shall be between the hours of 10:00 to 22:00 Monday to Sunday, except for some rural areas.
5.3: No delivery services shall be available on the 1st and 2nd day of Chinese New Year, and when typhoon signal No 8 or the black rainstorm signal is hoisted; or such other weather condition whereby delivery is considered unsafe.
5.4: No delivery shall be available to premises situated in buildings which have no legal unloading areas within 50 meters of the building. Delivery service does not include areas that cannot be reached directly by our vehicles or buildings without a functioning lift to the 3/F or above.
5.5: It is the responsibility of the Customer to notify [Market Place by Jasons] immediately of any change to its delivery address.
5.6: All deliveries, save where the Customer has specifically instructed [Market Place by Jasons] to leave his delivery outside the door provided payment has already been effected (where such delivery shall be at customer's own risk), shall be signed off by the Customer and the deliveryman of [Market Place by Jasons] by entering their names and the time of delivery on the delivery form. The Customer shall ensure that a person aged 16 or above who is authorised to receive and pay for the order is present at the specified time of delivery at the Customer's address to receive and pay for the order. If no such person is present, the delivery shall be withdrawn and attempted at another time agreed. [Market Place by Jasons] reserves the right to charge the Customer an extra delivery fee.
5.7: If the delivery includes alcoholic drinks, tobacco products or any other items which are prohibited to be sold to a minor, a person aged 18 or above with (identification required) must be present to take delivery of the alcoholic drinks, tobacco products or such other items. If no person aged or above is present, delivery shall be withdrawn and attempted at another time agreed. [Market Place by Jasons] reserves the right to charge the Customer an extra delivery fee.
5.8: [Market Place by Jasons] reserves the right to decline delivery of the Products to any Customer at its sole discretion absolutely.
5.9: Free delivery will be provided for each order value over HK$ 500.However, Customer will need to pay HK$120 (Tung Chung & Airport) or HK$40 (Ma Wan) tunnel fee if the delivery address is at Tung Chung, Airport or Ma Wan.

6

SPECIAL PRODUCTS

6.1: If the Customer's order includes any tobacco or alcohol product then the Customer warrants that he/she is 18 years of age or over and is legally entitled to purchase such product.
6.2: The Customer shall ensure that no person or persons shall use his/her Login to purchase tobacco or alcohol products if that person or persons cannot satisfy Clauses 6.1.

7

VARIATION / CANCELLATION OF ORDER

7.1: The Customer may vary or cancel the order without incurring costs before [Market Place by Jasons] has commenced processing the order.
7.2: Subject to the Customer's consent, [Market Place by Jasons] may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable. Otherwise, the Product item will be deleted from the Order and theh bill will be adjusted accordingly.

8

TITLE

8.1: All risks in the Products shall pass to the Customer upon delivery but [Market Place by Jasons] shall retain title in the Products until full payment has been received.

9

RETURNS OF PRODUCTS / REFUNDS

9.1

Images of Products on this site may not correspond exactly to Product description. The Customer shall not be entitled to return a Product on the basis that it does not correspond exactly to its on-line image.

9.2

[Market Place by Jasons] shall use reasonable efforts to ensure that orders are correctly fulfilled. In the event of any discrepancies, provided that the Customer report the same within three days of delivery via e-mail at mpjservice@dairy-farm.com.hk, hotline (phone) 2299-3988 or (fax) 2299-2988, the discrepancies will be dealt with as follows :

a.: If any Product proves to have been delivered in a damaged condition, past its sell by date, omitted in the delivery, or if the wrong Product is delivered, [Market Place by Jasons] shall either refund to the Customer the Price of that Product, or replace the Product.
b.: If any Product which was not included in the Customer's order is delivered to the Customer by mistake, [Market Place by Jasons] Online Shopping reserves the right to collect the wrong Product delivered.
c.: If the Customer has been charged for a Product which has not been delivered, [Market Place by Jasons] shall refund to the Customer the Price of that Product as originally charged to the Customer.
d.: If a Customer is charged more than the Price of a Product, [Market Place by Jasons] shall refund to the Customer the difference.
e.: [Market Place by Jasons] will not refund or exchange goods or rectify discrepancies 7 days after delivery.

9.3

[Market Place by Jasons]’s liability to any Product delivered is limited to refund or replacement specified above. All other remedies are excluded.

9.4

Refunds shall be credited, at [Market Place by Jasons]’s option, to the Customer's credit card account as supplied in the registration form or in the form of cash.

9.5

In case of dispute, [Market Place by Jasons] reserve the right of final decision.

10

Disclaimers

10.1

Intellectual Property

10.1.1: All right, title and interest of this site and any information availabe on it including text, graphics, icons, images and trade marks, are protected by copyright, design, trademark and other intellectual property rights and are vested in [Market Place by Jason] or its business associates absolutely.
10.1.2: A Customer may not copy, reproduce, republich, upload, download, post, transmit, store in retrieval system, modity, alter or display in public or distribute in any way the contaents or any part of this site for any purpose without [Market Place by Jason]’s consent.

10.2

Warranties

10.2.1: To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Product supplied, are expressly excluded.
10.2.2: No agent or representative of [Market Place by Jasons] is authorised to make any warranties, representations or statements regarding any information on this site and In case of dispute, [Market Place by Jasons] shall not in any way be bound by any such warranties, representation of statements.

10.3

Limitation of Liability

10.3.1

By accessing and using this site, a Customer acknowledges and accepts that he does so at his own risk. [Market Place by Jasons] shall not be liable for any direct, indirect, consequential or punitive damage or to damges for loss of profit or revenue arising out of any use or access to or inability to use this site. Without limiting the foregoing :

THIS SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED “AS IS” WIHTOUT ANY WARRANTY OF ANY KIND.

[MARKET PLACE BY JASON] SHALL HAVE NO LIABLITY FOR ANY OF THE CONTENTS, OR ERRORS OR OMISSIONS IN THE CONTENTS, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BLACK OUT, INTERCEPTION OF ONLINE TRANSMISSION, SOFTWARE OR HAREDWARE INTERFERENCE, LOSS OF DATA, INCOMPATIBILITY, DESTRUCTION OR ALTERATION OF THIS SITE.

10.3.2

The liablity of [Market Place by Jasons] shall not in any event exceed an amount equivalent to the Price of the Products.

10.3.3

The Customer expressly acknowledges and agrees that [Market Place byJasons] shall assume no obligation or liability for any advice or informationgiven with the Products on this site and shall not be responsible for any inaccuracy or misstatement of any such information.

11

VARIATION OF TERMS AND CONDITIONS

11.1: [Market Place by Jasons] reserves the right to amend these Terms and Conditions in its sole discretion. Customer is reminded to review the Terms and Conditions prior to submitting any order. Once an order is placed, Customer is deemed to have accepted the Terms and Conditions prevalent at the time.

12

PREVALING LANGUAGE

12.1: In the event of any discrepancy in the translation of this text, the English version shall prevail.

13

APPLICABLE LAW

13.1: These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and the Customer and [Market Place by Jasons] agree to submit to the jurisdiction of the Hong Kong courts.