Set out below are the terms and conditions on which we will supply products (the "Products") listed on the following website: http://www.yonka.com.hk (the "Site") to you the consumer (the "Consumer").
Any contract for any Products which you purchase using the Site will be between You and Yon-Ka HK. Yon-Ka HK is registered as Parlain Co Ltd in HKSAR under company number 13997139 and has its registered office at 11/F Katherine House, 53-55 Chatham Road South, Tsimshatsui, HONG KONG. You should understand that by purchasing products you agree to be bound by these terms and conditions and should print a copy for future reference.
1. Your Status
By purchasing Products through Our Site, You agree that:
1.1 You are legally capable of entering into binding contracts; and
1.2 You are at least 18 years old.
2. Formation of Contract
2.1 After placing an order, You will receive an e-mail from Us which will include an invoice for the goods you have ordered. Please note that this does not mean that an order has been accepted. An order from you constitutes an offer to us to buy products. All orders are subject to acceptance by us, and the contract will only be formed when we dispatch the goods.
2.2 The Contract will relate only to those Products which we have dispatched. We will not be obliged to supply any other products which may have been part of your order.
2.3 By initially accepting an order, Yon-Ka HK is under no obligation to supply the products ordered. No additions or changes may be made to an order once placed. Products will be dispatched within 3 working days of the order being placed on the site unless there are exceptional circumstances.
2.4 You will be notified by email when your order has been dispatched. Details of the products we have sent you will be listed in the email. We will automatically refund you for any products we are unable to supply.
2.5 Orders will be delivered to the address provided to us when you place your order on the site. Orders which was referred by our affiliates will be available for pickup at the affiliate’s location in 3 business days. Any delivery dates suggested are estimates only, and we are not liable for any losses caused by late delivery or non-delivery.
2.6 The products will be at your risk from the time of delivery.
2.7 Ownership of the Products will only pass to you when the goods are delivered to the address you requested when ordering.
3. Price and Payment
3.1 The price of any products will be as quoted on the Site from time to time, except in cases of obvious error. These prices exclude delivery costs which will be added to the total amount due. Prices are liable to change at any time, but changes will not affect any orders you have placed prior to the date of the change and which we have accepted. We will, however, endeavor to provide reasonable notice of any price increases.
3.2 Payment for all Products must be by credit or debit card. We accept payment MasterCard, VISA & American Express. Yon-Ka HK will charge your credit or debit card prior to despatching goods.
3.3 It is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on the site we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have notified you that your order has been dispatched if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a mispriced.
4. Refunds and Returns
4.1 We do hope that you will be pleased with your products, if for some reason you would like to return an item please return it to us unopened within 14 days of purchase. Please note that gift vouchers are non-refundable.
4.2 If you do need to return your order/product, please contact our customer service team so we can issue a returned goods number (RGN) to speed up the refund/exchange process. Your items should be wrapped securely and sent Recorded Delivery with a return form indicating whether you wish to have a refund or exchange and your contact details. You should then retain proof of postage as we will not refund any costs until we receive them. Once we have received your parcel we will be in contact to confirm the receipt of the returned goods and that your refund/exchange has been issued accordingly.
4.2.1 If you return a product which for any reason other than the product being damaged or delivered in error, you will be only be refunded the price you paid for the product; no carriage will be refunded.
4.3 We are only able to accept returns for items purchased on the yonka.com.hk site or by orders placed by phone. For items purchased from a salon you will be required to contact the original place of purchase; as when you choose to buy through these outlets you are committing to their individual terms and conditions regarding refunds and returns.
4.4 Any products which are returned open will not qualify for a refund or exchange. If you have any concerns about using Yon-Ka products, we do offer an advice which will ensure you are using the correct products for your skin type.
4.5 For products that have been delivered in error we will refund the full value of those products and the costs of returning them.
4.6 For products that arrived damaged we will offer you a replacement and refund you the cost of returning the product to us.
4.7 Where we are unable to supply a product you have ordered and paid for we will automatically refund you the amount paid for the product as soon as reasonably possible. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
5. Consumer Rights
5.1 As a consumer, you may cancel a contract at any time within seven working days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the product in accordance with our refunds policy unless you have waived this right by using the products before the end of this seven day period.
5.2 To cancel a Contract, you must inform us in writing.
5.3 This provision does not affect your statutory rights.
6. Our Liability
6.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
6.2 This does not include or limit in any way our liability:
6.2.1 For death or personal injury caused by our negligence;
6.2.2 For fraud or fraudulent misrepresentation; or
6.2.3 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
8.1 All notices given by you to us must be sent to 11/F Katherine House, 53-55 Chatham Road South, Tsimshatsui, HONG KONG. We may give notice to you at either the e-mail or postal address you provide to us when you registered. Notice will be deemed received and properly served immediately when posted on the site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
8.2 Products will be dispatched to the address provided to us by you via the site. Invoices will be emailed to the e-mail address provided to us by you via the site.
9. Transfer of rights and obligations
9.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
9.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control .
10.2 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If any of these terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12. Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13.1 Any variation to these terms and conditions shall have no effect unless expressly agreed in writing and signed by one of our authorised representatives.
13.2 The information and materials contained in these pages - and the terms, conditions, and descriptions that appear - are subject to change. Your eligibility for particular products is subject to final determination and acceptance by us.
13.3 Any and all disputes arising between you and us will be subject to the non-exclusive jurisdiction of the English courts and the contract shall be governed by Hong Kong law.