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Wyeth® BabyNes®

General Conditions of Sale

(Hong Kong)

1. Applicability of General Conditions of Sale

1.1 Each order placed for any Wyeth BabyNes product with Wyeth (Hong Kong) Holding Company Limited or any of its affiliated companies (“Wyeth Nutrition”) by means of the Internet shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, the present General Conditions of Sale.

1.2 By using this website, you also accept and agree to be bound by our Terms of Use and Privacy Notice. Wyeth Nutrition invites you to read them carefully before using the services provided on this website.

1.3 Wyeth Nutrition reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on this website. By placing an order after Wyeth Nutrition has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.

2. Registration

2.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.

2.2 Please inform Wyeth Nutrition about changes of address or other modifications by updating your personal details on this website without delay.

3. Password

3.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.

3.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.

3.3 If you know or suspect that someone else knows or has used your password, you should notify Wyeth Nutrition immediately.

4. Orders

4.1 By placing an order through this website, you make an offer to purchase the products you have selected under these General Conditions of Sale.

4.2 Orders you place with Wyeth Nutrition on this website are subject to minimum and maximum quantity limitations.

4.3 Wyeth Nutrition offers its products on this website within the limits of its available stocks.

5. Order Confirmations

5.1 The order you place on this website will not constitute a binding contract unless and until Wyeth Nutrition transmits a confirmation by e-mail.

5.2 Wyeth Nutrition reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.

5.3 The data registered by Wyeth Nutrition constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.

6. Prices

6.1 The prices payable for the items you order are those displayed on this website on the date you place your order excluding delivery charges.

6.2 Delivery charges will be billed at the rates indicated on this website on the date you place your order, calculated notably in function of the delivery location you select.

6.3 Delivery charges are billed by our designated third-party logistics provider upon order confirmation, and charged when delivery is made at your selected delivery address.

6.4 Wyeth Nutrition reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.

7. Customs Duties

7.1 If you bring or use the products in countries other than those where Wyeth Nutrition originates its shipments, you are the importer of record and must comply with all laws and regulations of the country in which you are bringing the products.

7.2 You may be subject to import duties and taxes that are levied once the products reaches your country. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

8. Delivery

8.1 All orders confirmed by Wyeth Nutrition will be delivered to the delivery address you specify when placing your order.

8.2 Wyeth Nutrition does its utmost to ensure deliveries within the following schedules after receipt of an order:

Order deadline* Delivery day 
 Before 1:30 p.m.  Same day
 After 1:30 p.m.  Next day

*Sunday, public holiday and delivery to Outlying Islands and remote areas excepted, orders will be delivered within three (3) working days from the day of order.

8.3 Deliveries can only be made within HKSAR region. There is no overseas delivery. For deliveries to areas with restrictive access (e.g. Ma Wan, Discovery Bay, Tung Chung, Hong Kong International Airport), you may have to collect deliveries at designated location(s).

8.4 Delivery service will be suspended when typhoon No.8 or above or a black rain warning is hoisted. You will be contacted to re-schedule delivery time.

8.5 We reserve the rights to decline delivery of products to any customer at our sole discretion absolutely and/or charge delivery fee if you are not available to accept delivery at the nominated delivery time.

9. Verification of Merchandise

9.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.

9.2 In case you observe damage or missing items, you must notify and file claim with the carrier and inform Wyeth Nutrition within 7 days after the delivery. Wyeth Nutrition shall in such a case provide you with identical replacement merchandise.

10. Returns

10.1 We will, at our discretion, accept returns or exchange of products within 7 days from products receipt only if: (1) the product is damaged before receipt of the same by you, or (2) there is a discrepancy between ordering and delivery, and provided always that (i) such product is still in its original package, and (ii) is accompanied by the relevant original delivery note issued by our designated third-party logistics provider.

10.2 Upon our collection of returned products from you, at our discretion, we will provide you with Store Credits (as appear in your Wyeth BabyNes Account) equivalent to the amount of the returned products, subject to the following conditions:
(a) Store Credits can only be used to purchase Wyeth BabyNes capsules (“Capsules”) through our online store;
(b) Store Credits will be debited at the immediately subsequent purchase of Capsules;
(c) Store Credits are valid for 90 days only from the issue date;
(d) the amount of Store Credits provided will be based on the actual purchase price of the returned products;
(e) Store Credits cannot be redeemed to cash; and
(f) Store Credits cannot be used to purchase other Wyeth BabyNes products.

11. Payment

11.1 Once payment is completed, a confirmation email will be sent to your registration email address. An electronic invoice will be issued after payment. It can be viewed in the “My Orders” section after log-in.

11.2 Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes.

12. Machine Warranty

12.1 Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed on this website.

12.2 Please refer to the machine warranty on this website for detailed information on the manufacturer's warranty, which is without prejudice to any of your imperative statutory legal rights.

13. After-Sales Service

13.1 If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact Wyeth Nutrition by telephone for advice and assistance.

13.2 If your machine problem cannot be resolved by telephone, Wyeth Nutrition proposes a series of advantageous after-sales service options. Please contact Wyeth Nutrition by telephone for detailed information.

14. Limitation of Liability

14.1 The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. Wyeth Nutrition shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.

14.2 For countries other than those where Wyeth Nutrition originates its shipments, Wyeth Nutrition shall have no liability if the products do not comply with the laws and regulations of the country of delivery or in case of electrical or other product incompatibility. Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL WYETH NUTRITION BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOW BY WYETH NUTRITION), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.

15. Force Majeure

15.1 Wyeth Nutrition will make every reasonable effort to fulfill its obligations. However, Wyeth Nutrition cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.

15.2 In the event of delay, Wyeth Nutrition will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.

16. Applicable Law and Forum

16.1 The present General Conditions of Sale are governed by the laws of Hong Kong.

16.2 The exclusive forum of any dispute resolution is in Hong Kong.

 

© May 2014

WYETH (HONG KONG) HOLDING COMPANY LIMITED