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Terms and Conditions

This site (www.marketplacedelivers.com) ("this site"or "Market Place Delivers") has been especially designed by Market Place by Jasons for Customers using its online shopping services. Market Place by Jasons stores and this site are owned and operated by The Dairy Farm Company, Limited 牛奶有限公司 trading as Market Place by Jasons ("Market Place by Jasons", "we", "us" and "our").

If you intend to use the Market Place Delivers online shopping services or simply want to browse the Market Place Delivers online store or otherwise use this site, please read these Terms and Conditions carefully before using the site. 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.

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 at here.
  d. "Login" shall mean a Customer's personal password and access to this site under that Customer's registration.
  e. "Privacy Policy" shall mean Market Place by Jasons's policy regarding personal data collected in connection with this site and Market Place by Jasons's policy regarding the privacy of Customers and visitors to this site, located at here.
  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 牛奶有限公司 trading as Market Place by Jasons, the seller of the products on this site.
  i. "Market Place Delivers" 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 incorporate the Legal Notice and Disclaimer and Privacy Policy and these documents shall prevail over any other document including any of our store policies purporting to have a contractual effect.
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 accurate and complete credit card information and represents and warrants to Market Place by Jasons that his use of the credit card (details of which have been supplied) 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 made by any third party arising from the actions of any person placing any orders for the Products 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 Market Place by Jasons shall make every effort to fulfil orders placed by Customers through Market Place Delivers, but shall not be liable to any person if Market Place Delivers shall decline or become unable to fulfil an order for whatever reason, including supply shortage or supply modification.
1.8 Notwithstanding the provisions of clause 1.7, Market Place by Jasons reserves the right to decline any order it may, in its sole discretion, consider unreliable 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 use its best endeavours to prevent any unauthorised access to this site. However, Market Place by Jasons shall not be liable for any loss or damages whatsoever if any third party gains unauthorised access to this site using the Customer’s Login.
1.10 In each transaction, the maximum order quantity for each product is 50. All orders are subject to Market Place by Jasons’s acceptance at its sole discretion and stock availability.
1.11 Products and Prices displayed on 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 and service charges and plastic bag charges which may be applicable for "Click and Collect" Service. Please see clause 4.11 for details of delivery charges and clause 5.9 for details of “Click and Collect” service charges.
2. PRICE
2.1 Market Place by Jasons shall make every effort to ensure that prices, details and sizes of Products detailed on this site are up-to-date but Market Place by Jasons reserves the right to vary the price and other details of the Products without prior notice.
2.2 The prices advertised on this site are for on-line shopping only. Prices for some Products may differ from those charged at Market Place by Jasons stores. The price of certain Products, in particular fresh product, is subject to daily fluctuation and is offered for guidance only.
2.3 Not all product size will correspond exactly to the description offered on-line. Market Place by Jasons reserves the right to provide the nearest product size at the nearest price.  
2.4 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 or order pick-up.  
2.5 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 or order pick-up.
2.6 Market Place by Jasons may from time to time and at its absolute discretion set credit limits for any Customer and/or limit sales to any Customer including denying sales to re-sellers.
3. PAYMENT
3.1 Payment for Products ordered through Market Place Delivers can be made by: (a) credit cards, cash or cheque on delivery, or Market Place by Jasons vouchers (the vouchers must be valid on the delivery date) for delivery service (b) credit card for "Click and Collect" service.
3.2 Market Place by Jasons may change at any time the method by which payments for Market Place Delivers may be effected and such changes may be notified to the Customer by e-mail, mailshots or by notice shown on this site.
3.3 Customers who pay with a Hang Seng enJoy Card will enjoy 8% discount upon a single net spending of HK$100 or above, subject to the terms and conditions below :
  (a) Settle payment for a single net spending of HK$100 or above on this site with the Hang Seng enJoy Card on 3rd, 13th and 23rd day of every month to enjoy 8% discount;
  (b) To enjoy the offer, the Customer is required to access and complete the transaction successfully on this site between 00:01 and 23:59 on the 3rd, 13th or 23rd day of the month for online purchase;
  (c) The discount offer is not applicable to baby milk powder, diapers, bird's nest, chicken essence and Beauty and Healthy capsules;
  (d) The offer cannot be used in conjunction with other special offers;
  (e) The discount offer is not applicable to delivery charges, and service charges and plastic bag charges for "Click and Collect" service. Delivery charges, and service charges as applicable for "Click and Collect" service will be applied subject to the final discounted price;
  (f) The discount offer is subject to the item availability and the terms and conditions of this offer are subject to change without prior notice. Please refer to the offer details at the time of patronage;  
  (g) All products, services, and information are directly sold and supplied to Customers by the respective merchant who is solely responsible for all obligations and liabilities; and
  (h) Hang Seng Bank and Market Place by Jasons reserve 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, Hang Seng and Market Place by Jasons reserve the right of final decision.
4. DELIVERY
4.1 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, change of delivery time or non-delivery for causes beyond its control.
4.2 Market Place by Jasons shall deliver Products according to “My Shopping Cart” of the Customer. The Customer shall include all purchase items (including free gifts and redemption items) in the shopping cart. The Customer shall not be entitled to re-delivery of any items out of the shopping cart.
4.3 Market Place by Jasons will only serve 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.
4.4 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.
4.5 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.
4.6 It is the responsibility of the Customer to notify Market Place by Jasons immediately of any change to its delivery address.
4.7 All deliveries shall be made within 14 days of order placement; otherwise:
i. Market Place by Jasons will charge the ordered items with the prices on the delivery date instead of the prices on the date of order placement. The price difference shall be paid by/ refunded to the Customer before delivery (by credit card) or when receiving the delivery (by cash).
ii. Market Place by Jasons reserves the right to cancel the order.
Exception applies when the ordered items are out of stock.
4.8 All deliveries shall be only made to the entrance of delivery address specified on the registration form. Market Place by Jasons has no obligation to make the delivery to any specific location within the delivery address. All deliveries shall be signed off by the Customer with a signature and a record of delivery time on the receipt (except where the Customer has specifically instructed Market Place by Jasons to leave his delivery outside the door provided payment has already been effected – such delivery shall be at Customer's own risk). 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. In such circumstances, Market Place by Jasons reserves the right to charge the Customer an extra delivery fee.
4.9 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) must be present to take delivery of the alcoholic drinks, tobacco products or such other items. If no person aged 18 or above is present, delivery shall be withdrawn and attempted at another time agreed. In such circumstances, Market Place by Jasons reserves the right to charge the Customer an extra delivery fee at the absolute discretion of Market Place by Jasons.
4.10 Market Place by Jasons reserves the right to decline delivery of the Products to any Customer at its sole discretion absolutely.
4.11 Free delivery service will be provided for each order with the spending of HK$500 or above (after discount and after e-coupon/ promotion code discount) for Hong Kong Island, Kowloon, New Territories, Tung Chung, Airport, Ma Wan and Yung Shue Wan. Otherwise, a delivery fee of $30 applies. Free delivery service will be provided for each order with the spending of HK$1,200 or above (after discount and after e-coupon/ promotion code discount) for Cheung Sha, Discovery Bay, Mui Wo, Ngong Ping, Pui O, Shek Pik, Tai O and Tong Fuk. Otherwise, a delivery fee of $90 applies for any order with spending below $1,200, or a delivery fee of $120 applies for any order with spending below $500. In addition, the Customer will need to pay HK$40 tunnel fee if the delivery address is at Ma Wan, or pay a third-party delivery fee from Kennedy Town to Yung Shue Wan public pier if the delivery address is at Yung Shue Wan.
4.12 Express delivery service is available for customer’s option. An additional charge of HK$50 applies for the service.
   
5. CLICK AND COLLECT
5.1 Market Place by Jasons shall use reasonable endeavours to prepare Products for pick-up within the time slots selected by the Customer but Market Place by Jasons shall not be liable for any delays for causes beyond its control.
5.2 Market Place by Jasons shall prepare Products according to “My Shopping Cart” of the Customer. The Customer shall include all purchase items (including free gifts and redemption items) in the shopping cart. The Customer shall not be entitled to any items out of the shopping cart.
5.3 The pick-up time shall fall between the opening hours of the selected pick-up location.
5.4 No pick-up services shall be available on the 1st day of Chinese New Year, and when typhoon signal No 8 or the Black Rainstorm Signal is hoisted, or such other weather condition whereby store operation is considered unsafe.
5.5 Order pick-up shall be made within 48 hours from the selected pick-up time slot; otherwise Market Place by Jasons reserves the right to cancel the order.Exception applies when the ordered items are out of stock.
5.6 Order pick-up shall be signed off by the Customer with a signature and a record of pick-up time on the receipt. The order should be picked up by a person aged 16 or above, by presenting the pro-forma invoice. Otherwise, the store staff shall decline the person from order pick-up.
5.7 If the order includes alcoholic drinks, tobacco products or any other items which are prohibited to be sold to a minor, it shall be picked up by a person aged 18 or above (with identification). Otherwise, the store staff shall decline the person from order pick-up.
5.8 Market Place by Jasons reserves the right to decline pick-up of the Products of any Customer at its sole discretion absolutely.
5.9 Free service will be provided for each order with spending over HK$300 (excluding plastic bag charges). Otherwise, a service charge of HK$30 applies.
6. SPECIAL PRODUCTS
6.1 If the Customer's order includes any tobacco or alcohol product, the Customer must guarantee that he/she is of the age of 18 years 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 clause 5.1.
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. Service charges may apply at the absolute discretion of Market Place by Jasons if 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 will be deleted from the Customer's order and the bill will be adjusted accordingly.
7.3 If there is no prior consent from the Customer for a substitution, no substitution will be made.
7.4 All discount items, free gifts and redemption items are subject to stock availability. No substitution and no prior notice will be made if stock is not available.
8. TITLE
8.1 All risks in the Products shall pass to the Customer upon delivery or order pick-up 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 and are for reference only. 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 assume no obligation or liability for any advice or information provided with Products displayed on this site and shall not be responsible for any inaccuracy or misstatement of any such information.
9.3 Market Place by Jasons shall use reasonable efforts to ensure that orders are correctly fulfilled and shall deal with any discrepancies in the following manner, provided they are reported within three days of delivery or order pick-up via e-mail to mpjservice@dairy-farm.com.hk, hotline (phone) 2299-3988 or (fax) 2299-2988
  a. If any Product proves to have been delivered or provided for pick-up in a damaged condition, past its sell by date, omitted in the delivery/pick-up, or if the wrong Product is delivered/ provided for pick-up, Market Place by Jasons shall either refund to the Customer the Price of that Product, or replace the Product. Customers must notify mpjservice@dairy-farm.com.hk within 24 hours of receipt of the delivery or order pick-up.
  b. If any Product which was not included in the Customer's order is delivered to the Customer or provided by pick-up by mistake, Market Place Delivers reserves the right to collect the wrong Product delivered.
  c. If the Customer has been charged for a Product which has not been delivered/picked-up, 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.
9.4 Market Place by Jasons’s liability to any Product delivered is limited to refund or replacement specified above. All other remedies are excluded.
9.5 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.
9.6 In case of dispute, Market Place by Jasons reserve the right of final decision.
10. FORCE MAJEURE
10.1 If the performance by Market Place by Jasons of its obligations under this site is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Market Place by Jasons), Market Place by Jasons shall be excused from such performance to the extent of such prevention.
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 and without prior notice to Customers. The Customer is reminded to review the Terms and Conditions prior to submitting any order. Once an order is placed, the 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. THIRD PARTY RIGHTS
13.1 Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, these terms and conditions are personal to and are made solely for the benefit of the parties to them and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever.  The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any term of these terms and conditions are expressly excluded and no terms of these terms and conditions are, or are intended to be, enforceable by any person not being a party to them.  Notwithstanding the foregoing in this paragraph, third party rights under these terms and conditions shall be enforceable by Dairy Farm International Holdings Limited ("DFIHL") and/or an entity which, as at the time of enforcement, is a direct or indirect wholly-owned subsidiary of DFIHL in accordance with the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction.  The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to these terms and conditions, or any term of these terms and conditions, are not subject to the consent of any third party (including DFIHL and/or any of the wholly-owned subsidiaries at all times). The term “subsidiary” shall have the same meanings as in section 15 of the Companies Ordinance (Chapter 622) as amended from time to time.
14. APPLICABLE LAW
14.1 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.

 

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