This website ("www.lotyhealth.com", “e-Shop”, the “Website”), operated by the We ("we", “our”, “us”), is available to you on the condition that you accept without modification the terms, conditions and notices contained herein. Please read these terms and conditions carefully before using the Website. By using the Website or any part of it, including purchasing Products and Services, you agree that you have read these terms and conditions and that you accept and agree to be bound by them.
The following defined terms have the following meanings within the terms and conditions:
1.1 "we", “our”, and “us” means the We, a body corporate validly existing under the Laws of Hong Kong.
1.2 "Website" or “e-Shop” means the e-marketplace platform accessible via www.lotyhealth.com or such interface embedded in third party’s applications, as well as all related websites in connection therewith.
1.3 "You" or “your” means the person(s) whom we provide Services or Products to and who should pay for the Products purchased at the Website
1.4 “Account” means an account registered in the Website, and the relationship that is established between a customer and ours online services resulting from such registration.
1.5 “Services” means the services offered by us through the Website.
1.6 “Member” means a person who has registered an Account, and any person who has been permitted by us to have access to and use the Account service in accordance with the Terms and Conditions.
1.7 “Product(s)” means any items or services you place order(s) from the Website, including items or services that you reserve and items or services that you purchase.
1.8 “Retailer(s)” means the provider(s) named in the Website whose Products are available for sale or reservation through the Website. Each Retailer shall be and shall be deemed to be an independent contractor and they are providers of their own Products in the Website.
1.9 “Parties” means both us and you, and “Party” means either of these.
1.10 “Message(s)” means any communications between the Parties transmitted by any of the following means: through the Website, Customer Services, emails, Online Instant Chat (including mobile App or software), social media App and its website.
1.11 “eCoupon” or “Promotion Code” means
non-cash coupons issued by us to customers or Members as part of promotional events; and
non-cash coupons issued by us to particular customers or Members according to special conditions varied from time to time.
Each eCoupon or Promotion Code shall have its own terms and conditions of use including its own expiry date.
1.12 “Given Address” means the address that you have provided us at the time when you made an order for purchase through the Website. The Given Address cannot be
references to PO Boxes; or
any public facilities; or
an address of any hotel; or
any place where permission to access is required.
1.13 “Abandoned Products” means any Products which you purchased and paid for through the Website, but which:
are delivered to the Given Address but the recipient fails to be contacted; or
the Given Address is incomplete and/or incorrect, so that we are unable to deliver.
2. The Website
2.1 The Website is a one-stop platform operated by LOTY (HK) Limited, We aimed to provide online sale of Products and enhance convenient shopping experience as part of the Services.
2.2 We shall make reasonable efforts to ensure that Product details including price on the Website, are up-to-date. Prices are subject to change without prior notice and all orders for purchase are subject to our acceptance at its sole discretion and stock availability.
2.3 We shall make reasonable efforts to ensure that the Products displayed on the Website are in stock. All orders are subject to confirmation of final availability and we reserve the right to reject an order in the event that any of the Products requested are unavailable.
2.4 We have the sole discretion to place a limit on the quantities of any Product(s) that may be purchased on the e-Shop. Such limits may be imposed on each (a) order, (b) account, (c) credit/debit card, or (d) customer, as the case may be.
2.5 In general, the prices may vary from those at the retail stores or other e-shop, but may differ from time to time due to promotions.
2.6 The prices charged for the Products are those applicable on the day you place your order.
2.7 All pictures and images of the Products displayed on the Website are for illustration purposes only, in order to help you recognize the Products. The actual size, dimension and color of the Products may differ.
2.8 We are provided on an ‘as is’ basis and we make no representations or warranties of any kind with respect to the Website and disclaims all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, reliability, timeliness, non-infringement, title, or suitability for any purpose of all information and content made available on or through the Website. Such information and content may contain factual or technical inaccuracies or typographical errors. All liability of us howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
2.9 Each Retailer shall be and shall be deemed to be an independent contractor and they are providers of their own Products in the Website. We shall not in any event be responsible for any act and/or omission of any Retailer.
3. Registration and Use of an Account
3.1 The Account or Members are eligible to access and use the services offered by the Website automatically. By using the Account to conduct dealings in the Website, you agree to observe and comply with, in addition to these Terms and Conditions.
3.2 You shall update your information on Website immediately or as soon as practicable, or inform our Customer Services at firstname.lastname@example.org if there are any changes to the profile information that you provided so that we can communicate with you effectively.
4. Ordering for Purchase of Products
4.1 Unless otherwise specified the brand of LOTY health, we are not the providers of the Product(s) displayed on the Website. We only provide website management, order processing and fulfillment after you purchase items from the providers through the Website.
4.2 When you place an order for purchase, you agree to purchase those Products from the providers at the price listed on the date of purchase on the relevant Product description page. The Product prices listed are exclusive of any duty or tax.
4.3 Different restrictions and regulations for foods, liquids apply in different countries. You are solely responsible for researching and understanding the relevant regulations prior to purchase.
4.4 We will send you an order confirmation email upon the confirmation of your order which includes:
the details of the items you have ordered;
order number; and
delivery information details.
4.5 You are responsible for safeguarding the order confirmation email which contains the important information of your personal data and collection details.
4.6 As representative of our providers, we accept your order for purchase with the order confirmation email.
4.7 Depending on Product availability, the order confirmation email may not include all items you have ordered. Separate notice(s) may be sent to you regarding the latest availability updates.
4.8 Unless otherwise expressly provided, each Message sent by us to you shall be deemed to have been received by you if no failure to deliver Message is received by us within 1 hour from the time when the Message is sent.
4.9 Stock availability of the items indicated on the Website is regularly updated by the providers and should not be relied upon or regarded as an exact or accurate statement of the availability of the items you are interested in.
5. Price and Payment
5.1 The Website accepts payment by credit cards of Visa, MasterCard, American Express and UnionPay.
5.2 The credit card used for shopping should be valid and under your own name.
5.3 We reserve the right to terminate any transaction it considers suspicious.
5.4 We shall not be liable for any payment fraud.
5.5 All payment methods require you to pay before delivery of the Products to you.
5.6 All prices are listed and charged in Hong Kong Dollars (HKD).
5.7 Full payment in respect of an order must be made upon the placing of that order. If your payment cannot be processed, the order will not be accepted. An order confirmation email will be sent to you only when the order is accepted.
5.8 We reserve the right to change the payment terms for any order without prior notice.
5.9 We reserve the right to change the payment mode for Products offered online at any time by announcement via the Website, email or any other means of public communication.
5.10 If payment for any order has already been made but the order is not accepted by us, you will be entitled to a refund by direct credit via the same payment channel you used at your purchase. We shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any delay in processing said refund.
6. Delivery of Products
6.1 You will be asked to provide the full and correct name of the recipient of the Products and the Given Address when you place your order.
6.2 We will send you an order completion email upon the we proceed the delivery of your order which includes:
the details of the items you have ordered; and
order number; and
name of courier company and waybill number.
6.3 Each order can only be delivered to one Given Address. If you need to deliver goods to different Given Address(es), place order separately.
6.4 Each order must be purchased to meet the net amount to enjoy the free delivery service. The net amount(s) are subject to change in the Website without prior notice.
6.5 We only provide delivery services to Hong Kong, Macau or China. If you need delivery to other regions, please contact our customer service before placing an order; place order(s) without prior inquiry, the order(s) are subject to cancel without prior notice and all orders for purchase are subject to our acceptance at its sole discretion.
6.6 The order will be processed and arranged delivery with four working days after payment success and confirmed. The delivery schedule is subject to the courier company and depends on the inventory.
6.7 We will deliver the Product(s) you ordered to the Given Address by courier through SF Express，Hong Kong Post or such company as appointed by us to deliver the Product(s). The Product(s) shall be, and shall be deemed to be, delivered and accepted when the Product(s) are delivered to the Given Address and acknowledged by the recipient.
6.8 If we consider the Given Address is incorrect or incomplete, we will endeavor to contact you to confirm the correct address. However, in the event that we unable to contact you within a reasonable time, we shall treat the Products as Abandoned Products. The order may be cancelled and no refund will be made.
6.9 The order of Abandoned Products may be cancelled and no refund will be made.
6.10 In the event that any Product(s) have been treated by us as Abandoned Products, you will be notified of the details.
6.11 When the signal of tropical cyclone No. 8 or above, red or black rainstorm warning is hoisted, the delivery service will be postponed. If you need any special arrangements, please contact courier staff by yourself.
7. Purchase Offer
7.1 We reserve the right to terminate or change the above offers. In case of any dispute, our decision will be final and conclusive.
7.2 Special offer will be given by us or our Retailers via the Website, email, social media App or through other promotional channels to our customer, Accounts or Members.
7.3 Each special offer has an expiry date, which will be stated at the time of the promotion or in related promotional materials, and such expiry date cannot be modified. Any unused or expired amount will be forfeited.
7.4 All special offer have no monetary value and under no circumstances can they be converted into cash. There will be no residual value attached to any discount offer.
7.5 Any refund of a Product purchased using a special offer will be reduced by the value of the discount attached to it. The discount is non-refundable.
eCoupon or Promotion Code
7.6 Non-cash eCoupon or Promotion Code will be given by us or our Retailers via the Website, email, social media App or through other promotional channels to our customer, Accounts or Members when We launch a promotion campaign.
7.7 For entitlement and use of eCoupons and Promotion Code, please refer to the relevant provisions.
7.8 Any eCoupon or Promotion Code cannot be used in conjunction with other coupons, promotions or special offers. Only one promotion code can be used per order for purchase.
7.9 All eCoupon or Promotion Codes are non-transferable, have no monetary value and under no circumstances can they be converted into cash.
7.10 Any refund of a Product purchased using a eCoupon or Promotion Code will be reduced by the value of the discount attached to it. The discount is non-refundable.
7.11 Each eCoupon or Promotion Code has an expiry date, which will be stated at the time of the promotion or in related promotional materials, and such expiry date cannot be modified.
7.12 eCoupon or Promotion codes only apply to a discount on the relevant item or order before the application of any delivery charges or additional costs.
7.13 Some types of eCoupon or Promotion Codes may be exclusive and may only be used once per selected customer. A promotion code may not be used more than once. If the promotion code is lost or used by someone else, replacement code will not be issued.
7.14 If you return any item in the order in the future, the refund will be based on the discounted price. The discount amount cannot be refunded.
8. Cancellation of Order for Purchase
8.1 We may cancel an order for purchase if any Product in the order is not available, or if we consider a transaction is suspicious. Such cancellation of order will be refunded.
8.2 We may cancel an order for purchase for any reasons which may cause an order to be unfulfilled, including but not limited to: (a) fail to process payment for the Product for whatever reason; (b) relevant customer do not fulfill any conditions specified at the time of the order; or (c) any errors made in connection with your order. We will notify you if this is the case. Refund of these cancellations is at the sole discretion of us.
8.3 Except as otherwise provided under the Terms and Conditions, you cannot cancel an order once the order confirmation email has been issued to you. If you wish to seek further assistance, you may contact our customer services through email, “Connect With Us” page of the Website, online Instant chat (Social Media).
9. Return and Refund
9.1 When you receive the Product(s), you must check whether the ordered Product(s) are damaged and the specifications and quantities of the ordered goods are correct. If the Product(s) are found to be damaged (not including incorrect use or man-made damage), inconsistent specifications or inconsistent quantities, you must notify our Customer Service through email or “Connect With Us” page of the Website within seven working days of the designated acceptance time for further processing. Late applications will not be accepted.
9.2 In addition to the above reasons stated 9.1, requests for returns or refunds based on other reasons will not be accepted.
9.3 We have the right to request you to return the defective goods to us as one of the procedures for refunding.
9.4 If the relevant Product(s) need to be returned to us, you must:
Keep the original packaging carton/bag at the time of receipt intact, and ensure that the packaging of the goods is in the state when they were delivered to you;
Unused and in the original state of sale, including instructions, certificates, labels, marks, consumables, bags and boxes;
Together with the free gifts (if applicable);
Within the specified period of time, return the Product(s) together for return and/or refund.
9.5 Return or Refund of these purchase order is at the sole discretion of us or providers.
9.6 Once we have confirmed that the refund can be made, the payment will be refunded through the confidential third-party website of our online payment gateway provider in the same manner as when you paid; and it will take about 4 to 8 weeks.
9.7 Coupons that have been used at the time of purchase will not be refunded.
9.8 Transaction fee paid at the time of purchase will not be refunded.
9.9 All orders are charged in Hong Kong dollars (HKD), and we will not be responsible for the difference caused by exchange rate changes at the time of refund.
10. Termination of Account
10.1 We may terminate, suspend or delete your Account or one or more pre-order(s) or order(s) based on the following reasons:
Failure to provide the required and accurate information during the Account registration process;
Accounts violate of this Terms and Conditions;
Re-register of the person whose Account has been terminated without our prior consent;
Infringe our intellectual property rights;
Unauthorized use of your Account by others and failure to report any abuse;
When using the Website and Services, your use may be illegal, defamatory, obscene, offensive, endangering the safety of any person, aiming to harass any person or materials that are not suitable for display on the Website;
When using the Website and Services, your use infringes or restricts or prevents any third party from using and enjoying this service. These restrictions or obstructions include any nuisance, intimidation, violence, immoral, pornographic or defamatory remarks or participation in any illegal behavior, or acts that cause harassment or cause discomfort or inconvenience to any person, or hinder normal conduct through the Service dialogue, communication and/or interactive mode.
11. Out of Service
11.1 Based on the following circumstances, we can stop or interrupt the services provided on the Website without prior notice:
Network system of the Website is overhauled and maintained;
Computer systems and communication lines cause a stop;
Force majeure such as earthquakes, lightning strikes, fires, wind disasters, floods, power outages and other natural disasters has caused stopped or difficulties in the operation of the Services;
11.2 We will not bear any responsibility if the suspension or interruption caused by the above items causes loss or damage to you.
12.1 Any losses incurred or sustained by you in transmitting payment information shall be borne solely and exclusively by you and in no event shall any such losses be, in whole or in part, borne by us. If you are using a public computer, you shall ensure that you sign out of the Website once you have finished browsing the Website.
12.2 You shall be liable for every order made using your credit card and you hereby agree to indemnify Us for all claims or damages whatsoever made by any third party arising from the actions of a person placing orders on the Website using your credit card.
12.3 Unless otherwise specified the brand of LOTY health, we are not the providers of the Product(s) displayed on the Website. LOTY (HK) Limited acts merely as a facilitator, providing a marketplace platform allowing you and Retailers to come together for the sale and purchase. Each Retailer shall be and shall be deemed to be an independent contractor and they are providers of their own Products in the Website. We therefore has no control whatsoever over the availability, quality, legality or safety of the Products, or of any other characteristics upon which you may rely, the accuracy of any of the listings, descriptions and information relating to the Products, and the ability and capacity of any Retailer to transact. Accordingly, you waive any claim that you may have against Us that is in any way connected with a dispute between you and any other user of the Website (including any other customers and any Retailers) and you agree to indemnify us for any losses or liability we may suffer as a result of any claim against us by another user or any other third party as a result of your dealings with such other user or party;
12.4 We shall not be liable in any way for any damages, losses, costs, expenses, liabilities or compensation, whether direct or indirect, which arise from or are in connection with your access and use of the Website; or any breach of security, delay, corruption or destruction of data or systems (including but not limited to those caused by any virus or other malicious code), transmission error, inaccessibility (whether in connection with upgrading or modification of the Website, failure or insufficiency of the technical facilities or technical issues on the user’s side) of the Website; or any part thereof, whether due to the negligence of us or its officers, employees, agents, contractors or otherwise.
13.1 You hereby agree to indemnify and hold LOTY (HK) Limited, its officers, employees, agents and contractors harmless against all damages, losses, costs (including legal costs), expenses and liabilities suffered or incurred by us, its officers, employees, agents or contractors arising out of or referable to any claims, suits or proceedings brought against us, its officers, employees, agents or contractors by third parties arising out of or in connection with:
13.2 Your acts, failures, omissions and defaults, including but not limited to infringement of any intellectual property rights or other rights of third parties; unauthorized access and/or use of the Website or any part thereof; unauthorized disclosure or use of any authentication method; and/or failing to act in accordance with these terms and conditions; or
13.3 Arising from any tax, duties, excise or licence fee liability in connection with these terms and conditions (with the exclusion of taxes payable by us on its income).
14. Intellectual Property Rights
14.1 Any use of materials on the Website, including alteration, modification, distribution or republication, without LOTY (HK) Limited prior written consent is prohibited.
14.2 LOTY (HK) Limited owns the copyright of this website. The Website may include pictures and descriptions of products and images provided by Retailers or service providers, and the copyrights of these pictures and descriptions are owned by their respective Retailers or service providers. Although the content of this website can be viewed, it is not allowed to copy, distribute, modify or otherwise use this information without the permission of the Website. The rights to trademarks, trade names, domain names and product names contained in the Website are owned by LOTY (HK) Limited. It is strictly forbidden to use such trademarks, trade names, domain names and product names without the written consent of the owners of LOTY (HK) Limited and related brands of LOTY health.
14.3 All content and other rights of the Website and the intellectual property rights used to establish the website are owned and reserved by LOTY (HK) Limited.
15. Data Protection
15.1 When purchasing Products on the Website, you agree that we can store, process and use the data you provide for handling your order.
16.1 In case of any dispute between the Parties in respect of or in connection with these terms and conditions, LOTY (HK) Limited determination shall be final and binding.
Notices to You
16.2 Unless otherwise expressly provided herein, any notice to be given by us to you under these terms and conditions will be sent:
by post to the address you provided;
by email to the email address you provided;
by telephone call through the number you provided.
16.3 You shall immediately notify us of any change of address, telephone number or email address.
16.4 Where these terms and conditions provide for us to notify you by posting a notice on the Website: such posting on the Website shall constitute sufficient notice to you; and such notice shall, unless otherwise specified by us, take effect from the time of posting on the Website.
Notices to Us
16.5 Unless otherwise expressly provided herein or unless otherwise specified by us, any notice which you are required to give to us shall only be deemed to have been served on us if the notice is sent:
by email to email@example.com;
by online Enquiry form.
16.6 The rights and remedies provided in these terms and conditions are cumulative and not exclusive of any rights or remedies provided by law.
16.7 No waiver of any breach of these terms and conditions shall be effective unless made in writing by the Party granting such waiver and given to the other Party.
16.8 No failure on the part of LOTY (HK) Limited to exercise, and no delay on its part in exercising, any right or remedy under these terms and conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
16.9 You shall not assign or transfer your rights or obligations under these terms and conditions or any part, interest or share herein without the prior written consent of LOTY (HK) Limited. LOTY (HK) Limited may assign, transfer or subcontract all or any of its rights or obligations under these terms and conditions to any third party.
16.10 If any provision of these terms and conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner so as to achieve the intention of the Parties. Alternatively, at the discretion of us, it may be severed from these terms and conditions and the remaining provisions of these terms and conditions shall remain in full force and effect, unless we (at our discretion) decides that the effect of such declaration is to defeat the original intention of the Parties.
16.11 These terms and conditions shall be governed by the laws of the Hong Kong Special Administrative Region ("Hong Kong") and both you and We agree to submit to the exclusive jurisdiction of the Hong Kong courts.
16.12 We may revise these terms and conditions at any time without prior notice. If any dispute arises, LOTY (HK) Limited determination shall be final.
Where these terms and conditions are available in Traditional Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy among the versions.