Terms and Conditions

general terms and Conditions

We are O!My Family (collectively referred to as "we", "our company") and we own and operate the site https://omyfamily.shoplineapp.com/ (collectively referred to as "our site"). Our site offers a convenient way to shop online over the Internet, including provides one-stop home delivery services (referred to as“services”). Please read the following terms and conditions carefully before using our site. By using our 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. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.

1.     Registration

1.1   You are 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 binding contract.

1.2Where you are required to register, you must:

(i)provide us with accurate, complete and updated registration information;

(ii)safeguard your user name and password, and

(iii)authorize us to assume that any person using our site with your user name and password is either you or is authorized to act for you.

1.3You must inform us immediately of any changes to the information that you provided so that we can communicate with you effectively.


2       Order

2.1    When you place an order, the prices charged are those applicable on the day you order.

2.2    All products on https://omyfamily.shoplineapp.com are listed in Hong Kong Dollars.

2.3    System will generate an email to the email address registered by the customer to confirm that we have received your order. Such confirmation does not constitute a promise of delivery of order items.

2.4    We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:

2.4.1          no sufficient stock to deliver the products you have ordered;

2.4.2          no delivery can be arranged for your area; or

2.4.3          one or more of the products you ordered was listed at an incorrect price due to human or computer error or an error in the pricing information provided by the supplier.


3       Payment

3.1    The company accepts PayPal and ATM/Bank transfer; Orders will be charged in Hong Kong dollars

3.2    We use a third-party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.

3.3    We do not collect or keep your credit card information. If you choose to save your credit card information for express checkout, you agree and accept that the information will be encrypted and stored by the third party payment service providers.

3.4    If the order is canceled by us for any reason, if you have already made any payment, we will credit the amount of into your account.

3.5    The company reserves the right to change the payment terms for any order without prior notice.

3.6    Products and prices displayed on our site are for reference only and are subject to alteration or modification at the time of an actual transaction.


4       Delivery

4.1    We offer FREE delivery (single location only) for purchases overHK$400 before using promotion code. For orders under HK$400 before using the promotion code, a delivery charge of HK$70 per each order shall apply.

4.2    Delivery services shall delay when typhoon signal, a red or black rainstorm warning is hoisted; or such other weather conditions whereby delivery is considered unsafe. In this event, you will be contacted to re-scheduled delivery time.

4.3    We currently do not make deliveries to the following areas: (1)Outlying islands, (2) Restricted districts and areas that vans cannot access.

4.4    We will deliver the products ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. You shall accept the products yourself (except where you have specifically instructed us to leave your delivery outside the door or at the concourse – missing delivery under such circumstances shall be at your own risk) when the products are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order in the event of your failure to accept delivery for whatever reasons.

4.5    It is the responsibility of you to inform O!My Family immediately of any change to your delivery address or preferred delivery time slot after placing the order.

4.6    You will become the owner of the product(s) you have ordered when they have been delivered to you. Once the product(s) has been delivered to you, they will be held at your own risk and we will not be liable for the loss or damage.


5       Replacement

5.1    If you find your product(s) in situations listed below, you can request replacement of the specific product(s) within 7 days after delivery:

(i)Breakage/ Incomplete product package

(ii)Product with shelf life less than 2 months from validation date (expiry date emphasized products excluded)

(iii)Quality issue

(iv)Short-shipment or wrong delivery

5.1.1          You are required to provide proof for approval of any request (stated in clause5.1) as below:

(i)provide valid proof of purchase from https://omyfamily.shoplineapp.com; and

(ii)send photos of the concerned item(s) to us via email/instant messaging software.

5.1.2          We will arrange replacement of equivalent product within 7 days upon approval of any requested listed above (stated in clause 5.1). If the specific item is out of stock, we will not credit the dollar amount of the specific product(s)

5.1.3          The difference will not be returned if the price of the exchange item is lower than the original one.

5.1.4          Refund policy is not available.

 

6       Title

All risks in the product(s) shall pass to you upon delivery but O!My Family shall retain the title in the products until full payment has been received.


7       ForceMajeure

If the performance by O!My Family of its obligations relating to the services it supplies on this site is prevented by reason of "forcemajeure" (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 SpecialAdministrative 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 O!My Family), O!My Family shall be excused from such performance to the extent of such prevention.


8       Disclaimer

8.1    The company and its employees, contractors and any third party provider (collectively "O!My Family") make no representation or warranty in relation to:

(i)the completeness, quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, https://omyfamily.shoplineapp.com or the information (the “Information”) stored on or receivable through this or any other https://omyfamily.shoplineapp.com server;

(ii)any goods or services accessed, offered or obtained through O!My Family or pursuant to the Information;

(iii)the access to https://omyfamily.shoplineapp.com or the Information will be uninterrupted or does not contain any viruses, or contaminating or destructive properties.

8.2    You shall not rely on the Information. O!My Family shall not be liable for any damages, loss, costs or expenses arise, directly or indirectly, from your reliance or use (whether authorized or not) of the Information or this website.


9       Warranties

9.1    You undertake that you will not use our site to:

9.1.1          upload, post, email, offer or otherwise transmit any contents in respect of which you have no right (either proprietary, contractual, or fiduciary) to transmit or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or otherwise objectionable;

9.1.2          impersonate any person or entity by way of transmitting any forged or manipulated contents through the use of any services.

9.1.3          upload, post, email, offer or otherwise transmit any contents that infringe any proprietary rights or intellectual property rights including, without limitation, patent, trademark, trade secret, copyright of any party;

9.1.4          upload, post, email, offer or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except such advertisements or promotional materials expressly authorized by us in writing;

9.1.5          upload, post, email or otherwise transmit any contents that contain software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of our site and/or computer software or hardware or telecommunications equipment constituting them;

9.1.6          interfere with or disrupt the services or servers or networks through which the services are provided, or disobey any requirements, procedures, policies or regulations of such networks;

9.1.7          collector store personally identifiable information about other users.

9.2    You acknowledge that our site does not have any obligation to-screen contents, but our site has the right (but not the obligation) in its sole discretion to refuse or remove any contents that is available via the services. Without limiting the said right, our site has the right to remove any contents that, in its opinion, violate the T&C or are otherwise, in its opinion, objectionable.


10  linked websites

Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.


11  IntellectualProperty


11.1All intellectual property rights in the content, user content, design, text, graphics and other materials on our site, and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any unauthorized use without our prior written permission is strictly prohibited.


11.2All trademarks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.


12  General


12.1We may revise these terms and conditions at any time without prior notice. If any dispute arises, the company’s determination shall be final.

12.2Where these terms and conditions are available in Chinese, the Chinese version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

12.3We take privacy issues seriously. Our privacy policy covers our use of any information you provide. In using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.

12.4We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.

12.5You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.

12.6These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on an agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.

12.7These terms and conditions are governed by the laws in force inHong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts. If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

12.8You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of our site or the content or your breach of this agreement.

12.9Whenever necessary, $0.5 per each plastic shopping bag each will be charged in accordance to the Hong Kong regulation.


13  Terms and Conditions for promotions

13.1Promotion is neither transferable nor redeemable for cash.

13.2Promotion cannot be applied together with the offers underpromotion code

13.3Redemption will be subject to independent promotional campaigns. In regard to details of use together with other promotional offers, please refer to the corresponding Terms & Conditions of the campaign.

 

Last Updated:  6 May 2019