This page sets out the terms and conditions (“T&Cs”) governing all sales and purchases of goods effected through the online shop operated by Leung Yick Company Limited (“LYCL”) at www.leungyick.com (“Website”). Your use of the Website and placing orders thereat shall be deemed to imply your acceptance of the T&Cs. All references in the T&Cs to “we” and “us” shall mean “LYCL”.
The T&Cs shall be read in conjunction with the “Legal Notice” posted on the Website, which is binding on you (“Legal Notice”). In the event of discrepancy or inconsistency between the T&Cs and the Legal Notice in respect of the sales and purchases of goods effected through the online shop operated by LYCL, the provisions of the T&Cs shall prevail.
Sales and Purchases
1.1 Subject to the T&Cs, we shall sell and you shall purchase, the goods (“Goods”) in accordance with the order you placed through the Website (“Order”).
1.2 We shall only accept Orders for delivery within the Hong Kong Special Administrative Region (“Hong Kong”).
1.3 We shall sell and deliver the Goods to end user customers only. You agree and warrant that the purpose of the purchase here under is for your personal use as an end user, and not for resale of the Goods (or any part or component thereof) to any third party or otherwise whatsoever. We reserve the right to decline your Orders if we have reasonable grounds to believe that the purchase of the Goods is not for your personal use as an end user. No warranty on the Goods will be provided after resale and we bear no liability after resale
1.4 Our alcoholic Goods are only for sale to adults of the age of 18 or above. By placing an Order, you confirm and acknowledge that you are 18 years old or above. You shall ensure that no person shall use your login to purchase alcoholic Goods and a person aged 18 or above (identification required) must be present to take delivery or delivery shall be withdrawn and attempted at another time agreed. We bear no liability for such unauthorized sale of our alcoholic Goods to person of the age below 18.
2.1 You may place an Order by filling in the electronic order form available on the Website (“Order Form”). Once an order number is assigned to you after your completion of the Order Form, you are deemed to have confirmed your Order and shall thenceforth, to the fullest extent permitted by the applicable law, neither cancel nor vary the Order howsoever.
2.2 Information contained on the Website constitutes an invitation to treat only, which shall not be regarded as an offer by us to supply any goods.
2.3 Your placing of the Order shall constitute an offer from you to us to purchase the Goods which shall form the subject of the Order. We shall have sole and absolute discretion to accept or decline the Order without ascribing any reason in respect thereof. We do not guarantee that the goods shown on the Website will be available for sale to you at all times.
2.4 In the event that we accept your Order, we shall notify you of our acceptance by way of a written confirmation (“Confirmation”) sent to your designated electronic mail address. The quantity, description and specification (if any) of the Goods set out in the Confirmation shall be final and conclusive evidence of the same. A legally binding contract for the sale of the Goods between you and us shall not be formed unless and until such Confirmation has been issued by us. The Legal Notice, the T&Cs together with the Order and the Confirmation shall constitute the entire agreement and understanding between you and us in relation to the subject matter hereof (“Contract”) and shall supersede and cancel in all respects all previous correspondence, understandings and agreements, if any, between us in respect of the same.
2.5 You shall be responsible for ensuring the accuracy of all information provided in connection with your Order, including without limitation, the delivery address and your contact details. We shall not be liable for any failure or delay or your losses or expenses incurred or otherwise in discharging our obligations and / or performing our duties under the Contract if such default is in any way due to the incomplete and / or inaccurate information provided by you in respect of the Order.
2.6 We care about the safety and security of your account information. We have adopted a number of security measures to ensure that Website is as safe as possible. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, in particular the Order. No refund, cancellation or variation is accepted by us because of this reason.
3.1 Unless specified by us otherwise, all prices quoted on the Website are in Hong Kong dollars and are subject to adjustment at our absolute discretion at any time and from time to time without prior notice to you.
3.2 The purchase price of the Goods (“Price”) shall be the price specified in the Confirmation. Notwithstanding the foregoing, we reserve the sole and absolute right to adjust the Price to reflect any change in the cost of the Goods due to any unforeseen circumstances and / or factors beyond our reasonable control, including without limitation, any foreign exchange fluctuation, currency regulation, change in tax duties / levies, increase in the costs of labour and materials or other costs of manufacture, change in delivery schedule at your request, or belated instructions or failure to supply us with requisite information or instructions on your part.
3.3 Unless specified by us otherwise, payment shall be effected in Hong Kong dollars by way of Visa’s or MasterCard’s credit cards.
3.4 Payment for the Goods shall be debited from your designated credit card account upon our issuance of the Confirmation to you.
3.5 Your credit card payment shall be processed by such service provider as we may engage (“Payment Processor”). All payment details entered through the payment gateway of the bank collecting the credit card payment for us shall be encrypted.
3.6 We shall not be liable for any loss or damage arising directly or indirectly from:
(a) your failure or omission to protect your personal data from being seen by other persons or otherwise obtained by other persons during the course of effecting the payment online;
(b) any of your omission to provide accurate information in the course of the online payment process; or
(c) other reasons in connection with the specified mode of payment.
3.7 It is that online payment service provider (ie. not us) that is responsible for the safety and privacy of your payment details. The processing of online payment(s) is solely the responsibility of the online payment service provider and is subject to the terms and conditions of that company. We accept no responsibility for any loss or damages which may arise as a result of the making of a payment through these online service providers. You should ensure that you have read and agree to any such terms and conditions before providing your payment details through the online payment service provider.
Passing of Risks and Title
4.1 The risks in the Goods shall pass to you immediately upon delivery of the same at the Delivery Address. Notwithstanding anything contained herein, we shall not be responsible for any damage of the Goods due to any acts, omissions or any acts beyond our reasonable control (including but not limited to fire and water).
4.2 Notwithstanding delivery and the passing of risk in the Goods or anything contained herein, the title to the Goods shall not pass until the total price of the Order under which it is ordered has been paid in full.
The Contract sets out the full extent of our obligations and liabilities in respect of the Goods and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract. Any conditions and warranties, whether express or implied by statute, common law or otherwise, including warranties of merchantability or of fitness for a particular purpose, and any additional damages, compensation or indemnification, other than such conditions, warranties and liabilities as are expressly provided for in the T&Cs, are, insofar as and to the fullest extent permitted by law, expressly excluded.
5.2 Without prejudice to anything contained herein, our maximum aggregate liability under the Contract, whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you under the Contract.
5.3 We give no warranty as to the accuracy of the information contained on the Website and accept no liability arising from any inaccuracy of the information therein contained. Any typographical error, clerical or other error or omission on the Website, any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction at any time without any liability on our part.
5.4 No failure or delay by us in exercising any right, power or remedy under the Contract shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of the Contract shall be deemed to be a waiver of any subsequent breach of that or any other provision of the same.
5.5 We shall not be liable for any default of obligations or duties directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, equipment failures (including but not limited to internet system failure), or any other causes beyond our reasonable control.
6.1 You shall not assign or transfer any rights or obligations under the Contract to any third person without our prior written consent thereto.
6.2 We reserve the right to amend the T&Cs from time to time without prior notice to you. Such amendment shall be deemed to be taken into effective upon the time of posting on the Website.
6.3 The provisions contained in each clause of the T&Cs shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some part of the provision were deleted, or if the amount or duration (if applicable) mentioned in the provision was reduced or shortened, the provision in question shall apply with such modification, reduction or shortening as may be necessary to make it valid.
6.4 The T&Cs as set out herein and any dispute or matter arising from the Contract shall be governed by and construed in accordance with the laws of Hong Kong. Both you and we shall submit to the non-exclusive jurisdiction of the Hong Kong courts.
6.5 No agency, partnership, fiduciary, trustee, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
Intellectual property rights
7.1 All rights in connection with Website are expressly reserved. You may not, without our prior written permission, in any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of Website, or commercialize, copy or on-sell any information or items obtained from any part of Website that comprise intellectual property of LYCL.
7.2 We are not responsible for third party content on Website or claims on copyrights, trademarks and/or licences. Content on Website may be provided by third parties, either as a result of submission by users or by selection by us. Any opinions, advice, statements, descriptions, services, offers, information or other content expressed or made by third parties on or through Website are solely those of the respective authors or distributors and neither we nor our affiliates shall be liable for the contents therein.
7.3 We shall not be liable for any damages resulting from any infringement of copyrights, trademarks or other proprietary rights in any third party content. Unless required by law, we shall have sole discretion regarding the removal of the allegedly infringing materials from Website. If we exercise our discretion to remove the allegedly infringing materials from Website we may restore your materials or account privileges upon written notification from the complaining party, together with reasonably sufficient evidence, that the dispute has been resolved. What constitutes reasonably sufficient evidence of the resolution of such a dispute is to be determined by LYCL at our sole discretion. For the avoidance of doubt, LYCL shall not be liable for any damages and/or inconvenience however caused by the removal of materials from Website.
If you have any enquiries, please contact our customer service hotline at 2598 8034 between 9:30 a.m. to 5:30 p.m. from Mondays to Fridays. (except Public holidays)
Leung Yick Company Limited © 2019