Terms of Service
Terms and Conditions of Use
These Terms and Conditions of Use (hereinafter referred to as "Terms" or "these Terms") apply to the relevant services provided by the website located at www.dermahkmacau.com (hereinafter referred to as "Website", "our Website", "this Website") to users (hereinafter referred to as "you", "your", "you", "your"). These Terms also apply to you and
All relationships between GRACE KAILY (HK) LIMITED (trading as DERMA) (hereinafter referred to as "we", "us", "our") (the specific situation depends on the company serving your specific order).
(1) The registered office address of GRACE KAILY (HK) LIMITED is: RM1007, 10/F STERLING CENTRE NO.11 CHEUNG YUE STREET LAI CHI KOK, HONG KONG
Your use of this website or ordering of our products or services constitutes your agreement to these Terms; if you do not agree to these Terms, please do not log in or use our website.
We recommend that you print and retain a copy of these Terms for future reference. If you have any questions about the Terms, please contact us.
1. Agreement
Your use of this website constitutes your agreement to these terms; if you do not agree to these terms, please do not use this website.
2. Revision
We reserve the right to:
We reserve the right to change, modify, add or remove portions of these Terms of Use at any time and at our sole discretion without notice. We will announce changes via our website.
It is your responsibility to check these Terms periodically for changes. Changes will take effect immediately upon publication on this website. If you do not agree to any changes to the Terms, you must immediately cease using the Site. If you continue to use this website after the changes are posted, it means that you agree and accept the changes and the new terms.
We reserve the right to modify or withdraw, temporarily or permanently, the Website, its Content and Materials (or any part of it) at any time without notice. We will not be liable to you for any modification or withdrawal of this website or its content.
3. Registration
You agree and warrant that:
To use certain services or features offered to you by this website, you will need to register.
When registering, you must provide information about yourself that is true, accurate, current and complete in all respects and not impersonating any other person or entity.
Products purchased on this website are for personal and household use only and are not for resale. Please notify us immediately if any of your registration information changes.
4. Privacy Policy
We take your privacy very seriously, therefore we will keep your personal information confidential and only use it in accordance with our Privacy Policy.
When you shop on this website, we may ask you to enter personal information to verify your identity and help identify the user, such as your name, email address, account address, shipping address, credit card or other payment information.
We confirm that we will use this information in accordance with personal data privacy protection regulations.
5. Protect your safety
To ensure that your credit card, debit card, payment card or stored-value card is not used without your consent, we use a third-party database to verify your name, address and other personal information provided during the ordering process.
We take the risk of online scams and fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to thoroughly check all orders based on the information you provide.
We may contact you for further security verification and hope for your cooperation so that we can achieve the purpose of completing the verification. We will not tolerate scams and fraudulent transactions and any such transactions will be reported to the relevant authorities.
By accepting these terms, you consent to us using the personal information you provide to carry out appropriate fraud prevention checks. The personal information you supply may be disclosed to a credit reference service or fraud prevention agency who may keep a record of that information.
Please rest assured that this is only to confirm your identity, not to check your credit and will not affect your credit rating. All information you provide will be treated securely and strictly in accordance with the Data Protection Act 1988.
6. Compliance with legal terms
This website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding this website. You agree to comply with all applicable laws, statutes and regulations relating to this website and your use of it.
You agree not to upload or transmit through the Website:
Any computer virus or any software designed to interfere with or damage the normal operation of a computer; upload or disseminate any defamatory, offensive or obscene text or material through the website.
7. Indemnification
You agree to indemnify and hold harmless our officers, directors, employees and suppliers immediately from and against all claims, losses, costs and expenses, including litigation costs and attorneys' fees, resulting from any violation of these Terms by you or any other person's use of the Site using your online account information.
Fully indemnify us, defend us, and hold us harmless.
8. Third-party vendor links
This website may contain links to third-party websites and resources that are not under our control. Please note: These linked sites are provided only as a convenience to our customers and we are not responsible for the content and materials on any linked site and do not review or endorse it.
We are not responsible for the privacy policies or content of any such linked websites, and are not liable for any damage, loss or violation of any rights arising from the use of advertising, content, products, materials or services on these external linked website resources.
9. Orders
All orders are subject to stock availability and order acceptance. If the ordered product is out of stock, we will notify you by email (or by other means if no email address is submitted) and you will have the option of waiting for the product to be restocked or cancelling your order.
Any order you submit will be regarded as your intention to purchase our products or services, and we have the right to reject such intention at any time. Please note that any automatic response (acknowledgement) you may receive after submitting your order does not constitute our acceptance of your intention to order products and services on the Website.
A contract between you and the website will only be concluded when we (i) debit your credit card, debit card or PayPal account or (ii) send you goods or start providing services to you, whichever is the later, at which time we will send you an email.
We will only accept your order and confirm that the contract has been concluded after we send you an email confirming that we have sent you the product or started to provide you with services (hereinafter referred to as the "Confirmation of Shipment"). The contract only covers the products or services confirmed in the "Confirmation of Delivery".
We are not required to provide products or services ordered in any other order outside of this Contract (unless those products or services have been confirmed in another Shipment Confirmation), even if those products or services may have been part of your order.
We will take all reasonable steps to ensure that your order details and payment are kept confidential and secure, but if it is not due to our negligence, any third party supplier will not be authorized by you.
We are not responsible for any losses you may suffer as a result of using our website or ordering products from the website using the personal information or account you provide.
The products sold on this website are not for resale or retail distribution. We reserve the right to cancel orders and/or terminate accounts if any orders are found to be in violation of these regulations.
The products you order will be delivered to the specified delivery address you provide in your order. If the delivery address is incorrect or incomplete, or you fail to pick up the goods at the delivery address you specified, you shall bear the responsibility and we shall not bear any liability.
10. Right to cancel your order
Where you purchase products or services as a consumer (i.e. for private use rather than business), you have the right to cancel any contract you have with us within 14 days of us delivering the goods.
If you wish to cancel your contract under these terms, please refer to our Returns Policy for further details.
11. Prices and Payment
All prices displayed on the Website include VAT (where applicable) and are correct at the current exchange rate and at the time the information was entered into the Website system. However, we reserve the right to change prices at any time without further notice to you (any changes will not affect orders for which we have already sent a 'Confirmation of Dispatch').
We accept all major credit and debit cards or payment via your PayPal account. Payment will be debited and cleared from your account before shipment or service commencement.
If you pay by credit card, we will pre-authorise a small amount of £0.01 to verify your identity until the card issuer confirms the payment.
We try to ensure that all price information on this website is accurate, however, errors may occasionally occur. If the price displayed on the checkout page is incorrect and we discover this before accepting your order, we are not required to sell the goods to you at the incorrect price displayed in accordance with this clause 9.
If we discover that there is an error in the price of the product you purchased, we will notify you as soon as possible and you can choose to reconfirm your order at the correct price or cancel the order. If you choose to cancel your order, and you have already paid for the items, you will receive a full refund.
You must confirm that the credit card, debit card or PayPal account used for payment is yours. All credit/debit card holders are subject to validity verification and authorization by the card issuer.
If your payment card issuer refuses to authorise payment to us or otherwise fails to authorise payment to us, we will not be liable for any delay in delivery or non-delivery of products or services resulting from this.
Only one promotional code can be used per order. If you add more than one promotional code to your shopping cart, we reserve the right to refuse or cancel any such orders.
We permit you to use promotional codes strictly in accordance with the terms and conditions establishing the promotional code, which may include information regarding your eligibility to use the promotional code and the maximum order amount.
If your credit or debit card payment is not successfully processed for any reason, we reserve the right to try to charge the payment again within the next 48 hours.
If there are still payment problems later, we will send a letter to your registered email address 48 hours before the next deduction to inform you of the next action. If you do not want us to attempt to debit your payment again, please be sure to cancel your order before the deadline.
Please familiarize yourself with these terms and conditions before placing an order. We reserve the right to refuse or cancel any order that does not comply with these terms, even if your credit or debit card has already been charged. In the event of any inconsistency between the terms and conditions under which a Promotional Code was issued and these Terms, the terms and conditions of the Promotional Code shall prevail.
12. Purchase Eligibility
Under English law, you must meet the following qualifications to purchase goods on this website and to legally enter into and form a contract:
Individuals aged 18 or over who register using their real name, address, phone number, email address and other details we request.
By purchasing our products and services, you represent that you are 18 years of age or older and authorize us to transmit or request information about you (including any updated information) to third-party vendors, including but not limited to your debit or credit card number or credit report.
Verify your identity, authenticate your credit card, obtain initial credit card authorization, and authorize individual purchase transactions.
13. Intellectual Property Rights
All content on this website is the intellectual property of this website and is protected by intellectual property, trademark, database and other copyright laws and international treaty provisions. The materials and content on the Website are owned by us or our licensors.
As long as you do not violate the copyright and ownership notices, you may retrieve and display the content of the website on a computer screen and store it electronically on a disk (but not on a server or other network storage device connected to the Internet). You may also print a copy for personal and non-commercial use.
However, any other reproduction, modification, copying, distribution or commercial use of the materials and content on the website is not permitted.
14. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms shall:
affect or limit your rights as a consumer under English law; or exclude or limit our liability for death or personal injury resulting from our negligence.
This website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we provide no warranties of any kind, whether express or implied, in connection with the website and your use of it.
You acknowledge that we cannot guarantee and are not responsible for the security or privacy of the website or any information you provide. You must also bear the risks associated with using the Internet.
Whilst we will endeavour to ensure that material presented on the website is appropriate, reputable and of high quality, we will not be liable if this is not the case.
We are not responsible for any errors or omissions or for the consequences of the use of such information or technical problems arising from your use of the website.
If we are notified of any inaccuracies in the material on our website we will try to correct these as soon as we reasonably can.
In particular, we disclaim all liability related to:
any incompatibility between the Website and any of your equipment, software or communications connection;
technical problems, including errors or interruptions of the Site;
the inappropriateness, unreliability or inaccuracy of the Website; and
The website does not meet your needs.
To the maximum extent permitted by applicable law, you shall not be liable to the Company for any consequential or incidental damages suffered by you or any third party due to or in connection with the Website.
(these two terms include but are not limited to: pure economic loss, loss of profits, business losses, loss of expected savings, wasted expenditures, loss of privacy and loss of data) or any other indirect, special or punitive damages.
15. Delivery and freight
Products shipped to Hong Kong will be delivered to the delivery address you give us during the ordering process. All specified time ranges are calculated based on business days.
The delivery times stated on the Website are standard times and correspond to average processing and delivery times. We are not responsible for the consequences of delivery delays not caused by us.
16. Severability
If any part of any provision is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of all remaining provisions.
16. Exemptions
Any waiver by us will not be deemed to be grounds for waiving any subsequent proceedings or any provision.
17. Entire Contract
These Terms constitute the entire contract between you and us.
18. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be resolved exclusively by the English courts.
19. Customer Testimonials
By leaving a customer review, you grant us a perpetual, irrevocable, royalty-free, non-exclusive, non-transferable, non-sublicensable license to use, translate, modify, publish, adapt, create derivative works of, publish and distribute this intellectual property and all related content throughout the world in any and all media.
You grant www.dermahkmacau.com and sublicense the right to use your name in connection with the content.
You agree to waive your right to be identified as the author of such content and to object to adverse treatment of such content.
You agree to take all other necessary steps to complete all of the above to ensure that www.dermahkmacau.com has the rights you granted, including issuing certificates and documents as required by www.dermahkmacau.com .
You certify that you are the owner or holder of all rights to the relevant data, materials
or content you send to www.dermahkmacau.com :
the content and materials are correct;
(ii) use of the content and material you supply does not breach any applicable www.dermahkmacau.com policy or guidelines and will not cause damage to the company or people (and the data, content or material is not defamatory). You agree to indemnify www.dermahkmacau.com from and against any claims brought against us by a third party or arising out of any breach by you of our terms and conditions.
Winners of the Customer Review Contest will be notified via email. Failure to respond to our notification within 20 days will result in disqualification from receiving the prize.
20. Discounts
We reserve the right to change or cancel discount offers at any time.
21. Buy multiple items and get discounts
This offer is only available on eligible items listed in the Buy Multiple Discounts area of the site.
When any item is requested to be returned (except for exchanges where the product is faulty or defective), we are responsible for requiring the return of all items mailed as part of a multiple-item discount at your cost, or charging you the full price quoted on this page for the returned item.
22. Gifts for product promotion
21.1 When we offer a free gift of a product, we only offer one free gift per transaction (regardless of how many products are purchased). Free gifts are subject to availability and we reserve the right to change the free gift to a gift of equal value.
21.2 In order for us to offer free gifts, it is necessary for us to place the free gifts on the website at their market value. For the avoidance of doubt, if you have not purchased a product, you are not eligible to 'purchase' the free gift. The gift is provided free of charge in exchange for the purchase of the corresponding product. Any attempt to 'purchase' the free gift will be cancelled.
(You may, however, receive an automated email confirming your order). In the unlikely event that a free gift is sent to you by mistake, you are obliged to return the free gift upon written request.