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Terms & Conditions
General Terms and Conditions
1. Services
1.1 We are Organic Plus, a wholly owned subsidiary of Wise GroupHong Kong Limited (collectively "we", the "Company","Organic Plus" ) and we own and operatethe site. Our site facilitates a convenient way to shop online and to enjoywatching entertainment content round-the-clock over the Internet, including byusing our applications or software (“services”).
1.2 By using our site you agree to be bound by the following terms and conditions.Please read them carefully.
1.3 Themeaning of some words used in these terms and conditions:
1.3.1 “we”, “us” or “our” is a reference to (name of person or company providing theservices).
1.3.2 “you” or “your” is a reference to the person to whom we areproviding the services or delivering merchandise and who is required to pay forthe merchandise we delivered.
1.3.3 “Content” means all text, graphics, logos, icons, photographs, images, movingvisual representational images or a combination of sounds and such images,audio, computer programs, and other material featured, displayed or used in orin relation to our site.
1.3.4 “merchandise” means the goods or services you ordered through oursite, which you will pay for.
1.3.5 “intellectual property rights” means any and all patents, trade marks, rightsin domain names, rights in designs, copyright and database rights (whetherregistered or not and any applications to register or rights to apply forregistration of any of the foregoing), rights in confidential information andall other intellectual property rights of a similar or corresponding characterwhich may subsist now or in the future in any part of the world.
1.3.6 “services” has the meaning given in clause 1.1.
1.3.7 “supplier” means the seller and supplier of the merchandise you orderedthrough our site.
1.3.8 “site” means our Organic Plus’s website located at www.organicplus.com.hk, and anyassociated sites linked to it.
1.3.9 “User Content” has the meaning given in clause 10.1.
2. Registration
2.1 Youare 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 bindingcontract.
2.2 You represent to us and to all suppliers of the merchandise through our sitethat all purchases made by you through our site will be within the scope ofyour authority to conclude contracts.
2.3 Inconsideration of your use of our services, you agree to:
2.3.1 provide true, accurate, current and complete information about yourself whenfilling out our registration form; and
2.3.2 maintain and promptly update your registration information to keep it true,accurate, current and complete. If we have reasonable grounds to suspect thatany information is untrue, inaccurate, not current or incomplete, we have theright to suspend or terminate your registration.
3. Order
3.1 Except where otherwise specified, we are not the seller or supplier of themerchandise. We are responsible for managing and administering the site,arranging order processing and fulfillment for the merchandise you ordered fromthe suppliers through our site.
3.2 When you place an order you are making an offer to buy from the supplier themerchandise you have specified at the price stated for those merchandise. Youcannot cancel an order once it has been submitted, even if our acceptance or rejectionof your order is still pending.
3.3 We will acknowledge your order to confirm thatwe have received your order by email. The confirmation will provide:
3.3.1 details of what you have ordered,
3.3.2 details of the price charged,
3.3.3 information about the progress of your order, and
3.3.4 estimated dispatch and delivery information.
This communication willbe our acceptance of your order on behalf of the supplier. You may track yourorder status online.
3.4 Our acceptance of your order will only cover themerchandise mentioned in it and may not cover all the merchandise you ordered.If this is the case, then the order you made for the remaining merchandise willonly be accepted when we send a further acceptance of that part of your order.
3.5 The availability of the merchandise is as shown online and will be updatedregularly by the supplier. They should not be relied on as definite statementsas to whether the merchandise you wish to purchase are actually in stock.
3.6 We reserve our right not to accept or cancel an order for any reasons at oursole discretion, including without limitation:
3.6.1 no sufficient stock to deliver the merchandise you have ordered;
3.6.2 no delivery can be arranged for your area; or
3.6.3 one or more of the merchandise you ordered was listed at an incorrect price dueto a human or computer error or an error in the pricing information provided bythe supplier.
3.7 If we cancel your order we will notify you by email and will credit to youraccount any sum deducted by us from your credit card as soon as possible but inany event within thirty (30) days of your order. You accept that we will not beobliged to offer any compensation for disappointment suffered.
4. Price and Payment
4.1 We will use all reasonable commercial endeavorsto display accurate and up to date prices on our site. However, because pricesof the type of merchandise for sale are often updated by the supplier we cannotstate the definite price until we send you our acceptance of your order.
4.2 If the price of the merchandise is higher at thetime we are ready to send our acceptance of your order to what it was at thetime you placed your order then we will either:
4.2.1 cancel your order, or
4.2.2 contact you to ask you whether you wish to pay the higher price or cancel yourorder.
4.3 If the order is cancelled by us, if you have already made any payment, we willmake a refund. You agree and accept that we will not be obliged to offerany compensation for disappointment suffered.
4.4 We only accept credit card payments made by Visaand MasterCard. When you place an order you authorise us to debit the creditcard you specify on your order for the amount of the order at the time we sendour acceptance of your order. Title in the merchandise does not pass to youuntil payment has been received.
4.5 We use third party payment service to process online transactions. When youplace an order, you agree and accept that your credit card information will becollected, processed, and kept by us and a payment service provider subject toits terms and conditions. You agree and accept that you are solely andexclusively responsible for any losses incurred or sustained by you in makingcredit card transaction, and in no event shall any such losses in whole or inpart be borne by us.
5. Delivery
5.1 We only make deliveries in the specified areas of HongKong from Monday to Sunday except on the first two days of the Lunar New Yearand when typhoon warning signal No. 8 or above or black rainstorm warning is inforce. We currently do not make deliveries to remote areas and outer islands,and buildings without elevator facility. We reserve the right to declinedelivery at our sole discretion. You agree and accept that you will collectyour ordered merchandise from our logistics centre and under no circumstanceswill we accept cancellation of order or refund.
5.2 We will deliver the merchandise ordered by you to the address you give us fordelivery at the time you make your order through our staff or a third partyprovider. You agree to present your photo identification upon request whenyou acknowledge receipt of the merchandise. The merchandise shall be, and shallbe deemed to be, delivered and accepted by you when the merchandise aredelivered to the address you give us for delivery. You agree and accept that weare entitled, at our option, to charge you additional costs or cancel yourorder in the event of your failure to accept delivery for whatever reasons.
5.3 Unless otherwise specified, we will use all reasonable commercial endeavors tomake delivery within 24 hours after your order is accepted. Subject to prioronline arrangement, you may be offered to select from any one of the deliverytimeslots available at the time you make your order.
5.4 We may deliver the merchandise in one or more instalments, and some of themerchandises may be delivered directly from suppliers. Any times and datesgiven for dispatch of merchandise, or the length of time that merchandise willtake to be delivered, are only estimates. If we are unable to meet any stateddispatch or delivery dates or times we will inform you as to the progress ofyour order. You agree and accept that under no circumstances will we acceptcancellation of order or refund.
5.5 Youwill become the owner of the merchandise you have ordered when they have beendelivered to you. Once merchandise has been delivered to you they will be heldat your own risk and we will not be liable for the loss or damage.
5.6 Unless otherwise specified, delivery charge at the rate of HK$80 will beimposed on each delivery. We currently offer free delivery for each order overHK$400.
6. Returns or Exchanges
6.1 Unless otherwise specified, no return or exchange of merchandise will beaccepted.Please read the returns or exchanges policy as specified by thesupplier carefully before you place an order.
6.2 Subject to the returns or exchanges policy of individual supplier, merchandisemay be returned or exchanged within seven (7) days of receipt if themerchandise you ordered are faulty, defective or damaged (with no fault on yourpart), or the merchandise are not what you ordered, or the delivery is of anincorrect quantity, provided that:
6.2.1 the returns or exchanges policy applies;
6.2.2 the merchandise are unused and in the condition originally sold together withall parts and accessories which are provided with the merchandise includingmanuals, certificates, labels, tags, consumables, bags, and boxes;
6.2.3 the packaging of the merchandise must be in the condition in which it wasdelivered to you; and
6.2.4 a request for return or exchange is sent to our customer service representativevia Live Chat and the merchandise is returned to the supplier through free pickup from us at the delivery address within a limited period specified by thesupplier.
6.3 You agree and accepted that merchandise accepted for returns are only eligiblefor refund in the form of Mall Dollar (Refund) carrying with an expiry date foryour next purchase. No cash refund will be offered. If any promotional discountwas applied to the total purchase amount at time of purchase, you will berefunded Mall Dollar (Refund) in the amount paid at the time of purchase forthat item. If you have used Mall Dollar (Refund) on the purchase, theaccumulated Mall Dollar (Refund) will be deducted from your user account. Youagree and accept that all Mall Dollar (Refund) will be cancelled when your useraccount is terminated.
6.4 You agree and accept that merchandise is acceptable for exchange subject tostocks availability.
6.5 You agree and accept that it will be at the supplier’s sole discretion whetherthe merchandise is accepted for return or exchange. Under no circumstanceswill we accept the return of any merchandise directly to us or be held liablefor your damages for whatever reasons.
7. Disclaim of Warranties and Limitation of Liability
7.1 We do not represent or warrant that access to our site (including using ourapplications or software), or any part of it, will be uninterrupted, reliableor fault-free.
7.2 We do not represent or warrant to you that our site or any of its contents willbe accurate, complete or reliable.
7.3 We donot represent or warrant that:
7.3.1 any services (whether or not provided by us) will be provided with due care andskill; or
7.3.2 any merchandise (whether or not provided by us) will be of merchantable qualityor will be fit for any purpose (even if that purpose has been previouslynotified to us).
7.4 You agree that no data transmission over the Internet can be guaranteed astotally secure. Whilst we strive to protect such information, we do not warrantand cannot ensure the security of any information which you transmit to us. Anyinformation which you transmit to us is transmitted at your own risk.
7.5 To the extent permitted by law, we exclude all liability (whether arising incontract, tort or otherwise and whether or not due to our negligence) which wemay otherwise have to you as a result of:
7.5.1 any technical, factual, textual or typographical inaccuracies, errors oromissions on or relating to our site (including using our applications orsoftware) or any information on our site;
7.5.2 the unavailability of our site (or any part of it), merchandise or services;
7.5.3 any delay in providing, or failure to provide or make available, merchandise orservices, or any negligent provision of merchandise or services;
7.5.4 any merchandise not being of merchantable quality or fit for their intendedpurpose; or
7.5.5 any misrepresentation on or relating to our site, the merchandise or theservices.
7.6 Save asrequired by law:
7.6.1 we will not be liable to you for any indirect or consequentialloss, damage or expenses, including loss of profits, business or goodwill,arising out of any problem you notify to us, and
7.6.2 we will have no liability to pay any money to you by way ofcompensation except otherwise specified in these terms and conditions.
7.7 You must observe and comply with all applicableregulations and legislation, including obtaining all necessary customs, importor other permits to purchase merchandise from our site. We make norepresentation and accept no liability in respect of the export or import ofthe merchandise you purchase.
7.8 You agree that each of these limitations is reasonable having regard to thenature of our site and in particular given that when you purchase merchandisethrough our site you will enter into a separate contract with the supplier ineach case.
7.9 None of the above exclusions shall affect any statutory rights which are notcapable of being excluded. However, in such case our obligation, wherepermitted by law, will be limited to the resupply of our services or themerchandise to you.
7.10 Each of the above exclusions or limitations shall be construed as a separate,and severable, provision of these terms and conditions.
8. Warranties
8.1 Yourepresent, warrant and covenant that you will not:
8.1.1 use our site for anyfraudulent or unlawful purpose;
8.1.2 use our site todefame, abuse, harass, stalk, threaten or otherwise violate the rights ofothers, including without limitation others' privacy rights or rights ofpublicity;
8.1.3 interfere with or disruptthe operation of our site or the servers or networks used to make our siteavailable; or violate any requirements, procedures, policies or regulations ofsuch networks;
8.1.4 transmit or otherwise makeavailable in connection with our site any virus, worm, Trojan horse or othercomputer code that is harmful or invasive or may or is intended to damage theoperation of, or to monitor the use of, any hardware, software, or equipment;
8.1.5 reproduce, duplicate,copy, sell, resell, or otherwise exploit for any commercial purposes, any portionof, use of, or access to our site (including our applications or software);
8.1.6 modify, adapt, translate,reverse engineer, decompile or disassemble any portion of our site (includingour applications or software);
8.1.7 frame or mirror any partof the site without our express prior written consent;
8.1.8 create a database bysystematically downloading and storing the Content, User Content or any site content; and
8.1.9 infringe anycopyright, design right and intellectual property right in the merchandise.
9. Content
9.1 Theintellectual property rights in all Content are owned, controlled or licensedby or to us. Except for the rights granted to you under clause 9.2, nothing inthese terms and conditions shall confer on you any right or interest in theContent and all other rights are reserved to us.
9.2 Subject to these terms and conditions, you may use the Content for your ownpersonal purposes.
9.3 Unless you have our express written consent or you are expressly authorised bylaw to do so, you shall not:
9.3.1 use the Content forany commercial or other non-personal purpose;
9.3.2 make any copies ofthe Content or transfer the Content to any other device or any other person; or
9.3.3 otherwise reproduce,distribute, communicate to the public, modify, reformat, prepare derivativeworks of or display the Content.
9.4 Youacknowledge and agree that we may cease to supply any of the Content to you atour sole discretion if you are in breach of any of the terms of this clause.
9.5 We shall use allreasonable commercial endeavors to ensure the accuracy of the Content but givesno warranties and makes no representations, express or implied, statutory orotherwise regarding the accuracy, quality or completeness of the Content or itsfitness for any purpose and we exclude any liability relating to it. You alsoagree that responsibility for the content of advertisements appearing on oursite rests solely with the advertisers. The placement of such advertisementsdoes not constitute a recommendation or endorsement by us of the advertisers’products and each advertiser is solely responsible for any representations madein connection with its advertisement. We do not accept responsibility for losssuffered as a result of reliance by you upon the accuracy of informationcontained on our site.
10. UserGenerated Content
10.1 When you submitany user generated content including all text, files, images, photos, sounds,videos or other materials to our site (“User Content”), you grant to us, aperpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensablefully paid-up and royalty-free licence to reproduce, distribute, communicate tothe public, publicly perform, modify, prepare derivative works of, display andotherwise use the User Content in connection with the site, including withoutlimitation for the purposes of promoting and redistributing part or all of thesite in any media formats and through any media channel. Without limitation,the rights that you grant to us under this clause 10.1 include a right to granteach user of the site a sub-licence to use the User Content to the extentpermitted by the functionality of the site from time to time. You hereby waive,and procure that all other authors of the User Content waive, all moral rightsin the User Content (including rights to be identified as the author of theUser Content or to object to any derogatory treatment of the User Content),whether such rights subsist now or at any time in the future in any place inthe world.
10.2 You represent, warrant and covenant that:
10.2.1 you have the legal right andauthority to grant the licence in clause 10.1 above;
10.2.2 you are the owner of the UserContent and/or have all of the necessary rights, consents, permissions andlicences which are required for you to grant us the licence in clause 10.1above;
10.2.3 by exercising the licence inclause 10.1 above, we shall not infringe theintell ectualproperty rights or other rights of any third party;
10.2.4 to the extent that the UserContent identifies any individual (whether by name, picture or otherwise), youhave obtained all consents and permissions from those individuals which arerequired for us to use the User Content as contemplated by the licence inclause 10.1 above;
10.2.5 the User Content does notinclude any material that may be illegal, defamatory, obscene, offensive,harmful to the safety of any person, aimed at harassing any person or otherwiseis inappropriate for display on our site; and
10.2.6 at our request, you will provideus with written copies of any consents, permissions and licences that you arerequired to obtain.
11. Indemnity
You agree to indemnify usand all of our directors, employees and contractors, and hold us all harmlessfrom any claim, loss, damage, cost, expense (including legal expenses) or otherliability which may be incurred by us arising out of any breach of thecovenants, warranties, representations and agreements herein.
12. Linked Websites
Certain links, includinghypertext links, in our site will take you outside our site. Links are providedfor your convenience and inclusion of any link does not imply endorsement orapproval by us of the linked site, its operator or its content. We are notresponsible for the content of any website outside our site.
13. Termination
13.1 We may terminate your access to our site or registration immediately if you arein breach of any of these terms and conditions.
13.2 Any rights that have accrued to either party at the date of termination willremain enforceable after termination.
14. Intellectual Property
14.1 All intellectualproperty rights in the Content, User Content, design, text, graphics and othermaterial on our site and the selection or arrangement thereof are owned,controlled or licensed by or to us. Any authorised used without our priorwritten permission is strictly prohibited.
14.2 All trade marks,product names and company names or logos used in our site are our property orthat of their respective owners. No permission is given by us in respect of theuse of any such trade marks, get-up, product names, company names, logos ortitles and such use may constitute an infringement of the holder's rights.
15. General
15.1 Where in these terms representations and warranties are made to us and tosuppliers of merchandise through our site, you acknowledge and agree that suchrepresentations and warranties are intended to grant rights to, and operate forthe benefit of, all such suppliers and that each such supplier may rely uponand enforce such representations and warranties against you.
15.2 We reserve the right at any time without notice to revise the content of oursite (including the services offered by us) and these terms and conditions. Anychanges to these terms and conditions will be posted on our site and bycontinuing to use our site following any such change you will signify that youagree to be bound by the revised terms and conditions of use. This rightincludes the right to change any of the documentation which forms part of theseterms and conditions.
15.3 We have made every effort to make clear whether the quoted prices formerchandise available through our site include any relevant tax or duty. Wherein any case it is not clear please note before you make an order that you mightbe required to bear a liability to tax or duty (for example value added tax)imposed by the supplier or by operation of law that is in addition to theprice.
15.4 We take privacy issues seriously. Our privacy policy covers our use of anyinformation you provide. In using our services, you agree that we may collect,store, and use information about you in accordance with our privacy policy. Youacknowledge and agree to be bound by the terms of our privacy policy.
15.5 We reserve the right at our sole discretion to deny users access to our site orany part of our site without notice and to decline to provide our services toany user that is in breach of these terms and conditions.
15.6 We shall not be liable to you for any breach of these terms and conditions ofuse or any failure to provide or delay in providing our services through oursite resulting from any event or circumstance beyond our reasonable control.
15.7 If any clause hereof is held invalid or unenforceable by a court of competentjurisdiction, such invalidity shall not affect the validity or operation of anyother clause and such invalid clause shall be deemed to be severed from theseterms and conditions.
15.8 We may assign these terms and conditions or appoint any third party, includingour group companies, to provide the services to you on our behalf or to performany of our obligations under these terms and conditions.
15.9 You shall not assign or otherwise deal with its rights and obligations underthese terms and conditions, whether in whole or in part without our writtenconsent.
15.10 These terms and conditions set forth the entire agreement and understanding ofthe parties and supersede all prior oral or written agreements, understandingsor arrangements relating to the subject matter of these terms and conditions.Neither party shall be entitled to rely on any agreement, understanding orarrangement that is not expressly set forth in these terms and conditions.
15.11 These terms and conditions are governed by the laws in force in Hong Kong. Youagree to submit to the exclusive jurisdiction of Hong Kong courts.
Terms and Conditions for Mall Dollar(Rewards) and Promotion Code
Mall Dollar (Rewards)
1. Throughour site shopping, you might be eligible for a rebate of 1% of net payment ofeach order (“Mall Dollar (Rewards)”). The merchandise with Mall Dollar(Rewards) will be clearly indicated with the rate of rebate. Net payment shall mean the amount afterdeduction of, where applicable, Mall Dollar (Rewards) and any other promotionaloffer or rebate given by Organic Plus or the suppliers.
2. Mall Dollar (Rewards) is only applicable for any purchase at our site.
3. Unless otherwise specified, Mall Dollar (Rewards) is valid for three (3)months.
4. Mall Dollar (Rewards) is neither transferable nor redeemable for cash.
5. Mall Dollar (Rewards) is not applicable for the payment of delivery charge.
6. Mall Dollar (Rewards) accumulated will be cancelled when your user account isterminated.
PromotionCode
7. Promotion code or coupon offered by us shall only be applicable for one-offpurchase at our site subject to special terms and conditions.
8. Promotion code or coupon is neither refundable nor redeemable for cash. Anyunused amount will be forfeited.
We reserve the right to terminate or vary theabove offers. In the event of any dispute, our decision shall be final andconclusive.
These terms and conditions form the integralpart of the General Terms and Conditions.
Disclaimer
- The information provided by Organic Plus is for general reference only. Whilst Organic Plus endeavors to ensure the accuracy of the information, no express or implied warranty is given by Organic Plus as to the accuracy of the information.
- To facilitate users to access the information, Organic Plus may provide or assist in providing links to external websites through its pages. Provision of, or assistance in providing these links gives rise to no statement, representation or warranty, express or implied, that Organic Plus agrees or does not disagree with the contents of such external sites. Organic Plus will not have or accept any liability, obligation or responsibility whatsoever by any loss, destruction or damage, however arising from or in respect of any use or misuse of or reliance on the contents of any such external websites delivered on or via Organic Plus.
- Organic Plus expressly states that it has not approved nor endorsed the information contained in or in connection with the Websites. Organic Plus does not accept any responsibilities for any loss or damage whatsoever arising from any cause whatsoever in connection with the Website. Organic Plus is entitled to delete, suspend or edit all information on this Website at any time at its absolute discretion without giving any reason. Users are responsible for making their own assessments of all information contained in or in connection with the Website and are advised to obtain independent advice before acting on it.
- By using Organic Plus, you agree to accept unconditionally the terms of this Disclaimer and as they may be revised and/or amended from time to time by Organic Plus without prior notice to you. Please check this page regularly for any revisions and/or amendments which may be made.
LastUpdated: 7 August 2018
