This web site is operated by Aqua House Hong Kong Limited. Please read these Terms and Conditions carefully before you use Aqua House web site. By using the aquahouse.com.hk website you agree to be bound by these terms and conditions. All use and purchases made on this web site are governed by these Terms and Conditions at any time. Aqua House reserves the right to amend these Terms and Conditions in its sole discretion and without prior notice to Customers
These Terms and Conditions also apply to all orders placed via other media including telephone or facsimile.
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.
d. "Login" shall mean a Customer's personal password and access to this site under that Customer's registration.
f. "Price" shall mean the price of a product on the day of order.
g. "Product " shall mean any and all the products for sale on this site.
1.3 The Customer agrees to provide the complete and updated information for registration on this site. For credit card payment registration, the Customer shall provide Aqua House with accurate and complete credit card information and represents and warrants to Aqua House that his use of the credit card (details of which have been supplied) is authorised and legal.
1.4 Aqua House 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.
1.5 The Customer agrees to pay for every order made under his Login and agrees to indemnify Aqua House 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 Aqua House. 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.
1.6 Aqua House shall make every effort to fulfil orders placed by Customers, but shall not be liable to any person if Aqua House shall decline or become unable to fulfil an order for whatever reason, including supply shortage or supply modification.
1.7 Notwithstanding the provisions of clause 1.6, Aqua House reserves the right to decline any order it may, in its sole discretion, consider unreliable for credit reason or otherwise.
1.8 Access to this site is gained through use of a personal password. Aqua House 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. Aqua House shall use its best endeavours to prevent any unauthorised access to this site. However, Aqua House 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.
1.9 Aqua House reserves the right to set the maximum order quantity for each product. All orders are subject to Aqua House’s acceptance at its sole discretion and stock availability.
1.10 Products and Prices displayed on this site are for reference only and are subject to alteration or modification at the time of actual transaction.
1.11 The Price does not include delivery charges, service charges and plastic bag charges. Please see section 4 for details of delivery charges.
1.12 Aqua House reserves the right to amend these Terms and Conditions in its sole discretion and without prior notice to Customers.
1.13 In the event of any discrepancy in the translation of this text, the English version shall prevail.
1.14 These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and the Customer and Aqua House agree to submit to the jurisdiction of the Hong Kong courts.
2.1 Aqua House shall make every effort to ensure that prices, details and sizes of Products detailed on this site are up-to-date but Aqua House reserves the right to vary the price and other details of the Products without prior notice.
2.2 Not all product size will correspond exactly to the description offered on-line. Aqua House reserves the right to provide the nearest product size at the nearest price.
2.3 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. Aqua House reserves the right to adjust the on-line bill.
2.4 Aqua House 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.
3.1 Payment for Products ordered through Aqua House can be made by: credit cards or ATM.
3.2 Aqua House may change at any time the method of payment for Products ordered through Aqua House website.
4.1 Aqua House 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 Aqua House 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 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.
4.4 It is the responsibility of the Customer to notify Aqua House immediately of any change to its delivery address.
4.5 All deliveries shall be only made to the entrance of delivery address. Aqua House 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 Aqua House to leave his delivery outside the door provided payment has already been effected – such delivery shall be at Customer's own risk).
4.6 Free delivery service will be provided for each order with the spending of HK$600 or above (after discount and after e-coupon/ promotion code discount) for Hong Kong Island, Kowloon, New Territories. Otherwise, a delivery fee of $60 applies. For Tung Chung, Airport, Ma Wan, Yung Shue Wan Cheung Sha, Discovery Bay, Mui Wo, Ngong Ping, Pui O, Shek Pik, Tai O, Tong Fuk, and other rural areas and outlying islands, delivery will be arranged through courier, which the courier fee is to be borne by Customers.
4.7 No delivery services shall be available on the 1st, 2nd, and 3rd 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.
4.8 Aqua House reserves the right to decline delivery of the Products to any Customer at its sole discretion.
5. SELF PICK UP
5.1 Aqua House shall use reasonable endeavours to prepare Products for pick-up within the time slots selected by the Customer but Aqua House shall not be liable for any delays for causes beyond its control.
5.2 Aqua House 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 pick-up location.
5.4 No pick-up services shall be available on the 1st, 2nd, and 3rd 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 agreed pick-up time slot; otherwise Aqua House reserves the right to cancel the order (no refund shall be made). 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 Aqua House reserves the right to decline pick-up of the Products of any Customer at its sole discretion absolutely.
5.8 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. VARIATION / CANCELLATION OF ORDER
6.1 The Customer may vary or cancel the order without incurring costs before Aqua House has commenced processing the order. Otherwise, service charges may apply at the absolute discretion of Aqua House if Aqua House has commenced processing the order.
6.2 Subject to the Customer's consent, Aqua House 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. No substitution will be made if there is no prior consent from the Customer for a substitution,
6.3 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.
7.1 All risks in the Products shall pass to the Customer upon delivery or order pick-up. However, Aqua House shall retain title in the Products until full payment has been received.
8. FORCE MAJEURE
8.1 If the performance by Aqua House 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 Aqua House), Aqua House shall be excused from such performance to the extent of such prevention.
9. THIRD PARTY RIGHTS
9.1 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 Aqua House Hong Kong Limited (Aqua House) and/or an entity which, as at the time of enforcement, is a direct or indirect wholly-owned subsidiary of Aqua House 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 Aqua House and/or any of the wholly-owned subsidiaries at all times).