Terms & Conditions
OUR TERMS OF SALE
1. THESE TERMS1.1 What these terms cover. These are the terms and conditions on which Fusion Limited (company no. 1989463), whose registered office is at Unit 4B, Kenning Industrial Building, 19 Wang Hoi Road, Kowloon Bay, Hong Kong (referred to in these terms and conditions as “we” or “ESHOPS.HK”) supplies products to you. For the avoidance of doubt, when you place an order with ESHOPS.HK, you are entering into a contract with ESHOPS.HK, and not with L’Oreal Hong Kong Limited. L’Oreal Hong Kong Limited will have no liability to you for any matters arising under these terms and conditions.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Language. These terms are only available in English and Chinese. No other languages will apply to these terms. In the event of a discrepancy between the English and Chinese versions, the English version shall prevail.
2. HOW TO CONTACT US2.1 How to contact us. If we have to contact you we will do so by telephone or writing to you via SMS at the telephone number or email at the email address you provided to us in your order.
2.2 “Writing” includes emails and SMS. When we use the words “writing” or “written” in these terms, this includes emails and SMS.
3. OUR CONTRACT WITH YOU3.1 How we will accept your order. Our acceptance of your order will take place when payment for the goods is made successfully, at which point a contract will come into existence between you and us. Once payment for the goods is made successfully, you would normally be directed to a page indicating payment success and your “Order” page would list your order as “Ordered Items”. Subject to the circumstances set out in clauses 5.1, 6 and 9 below, all orders once successfully made cannot be cancelled, refunded nor exchanged.
3.2 If we cannot accept your order. If we are unable to accept your order, a landing page indicating that the order has not been placed will normally appear in default and we will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because of any credit issue on your credit card, because we have identified an error in the price or description of the product or because we are unable to meet a collection time you have specified.
3.3 Your transaction ID. We will assign a transaction ID to your order and tell you what it is when we receive your order request. It will help us if you can tell us your transaction ID whenever you contact us about your order.
3.4 We only sell to Hong Kong SAR. Our Website is solely for the promotion of our products in Hong Kong SAR.
4. OUR PRODUCTS4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Limited stock only for some gifts, when one out of stock, it will be selected randomly, final decisions by YSL Beauty.
5. PROVIDING THE PRODUCTS5.1 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not collected.
5.2 When you become responsible for the goods. A product will be your responsibility upon order confirmation.
5.3 When you own goods. You own a product once we have received payment in full.
5.4 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes; or
(b) update the product to reflect changes in relevant laws and regulatory requirements.
5.5 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and in each case the product is not available and we will refund any sums you have paid in advance for the product.
6. YOUR RIGHTS TO END THE CONTRACT6.1 When you can end your contract with us. You may end your whole contract (i.e. the whole, but not part of an order) with us before you received the products in accordance with this clause. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see Clause 8; and
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 6.2.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the whole contract will end immediately and we will refund you in full for any products which have not been collected and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed and is not available because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, and in each case the products are not available; or
(d) you have a legal right to end the contract because of something we have done wrong.
7. HOW TO END THE CONTRACT WITH US7.1 Tell us you want to end the contract. To end the contract with us, please let us know by phone or email to our customer care team at the number and email address set out in Clause 2.2. Please provide your name, home address, details of your order and your phone number.
7.2 How we will refund you. We will refund you the price you paid in Hong Kong Dollars (HK$) for the products by the method you used for payment, which is via your credit card.
7.3 When your refund will be made. We will make any refunds due to you within 90 days from your order day.
8. IF THERE IS A PROBLEM WITH THE PRODUCT8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us using one of the methods set out in clause 2.2.
8.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
8.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you have collected, please contact us in person for arrangement using one of the methods set out in clause 2.2.
9. YOUR RIGHTS TO EXCHANGE/RETURN GOODS AFTER COLLECTION9.1 When you can exchange or return collected products with us. Once you have received the product(s), our return and exchange policy in force from time to time will apply. In order to exercise your right of return in accordance with the aforesaid policy, you must return all the product(s) in the same order, all gifts received along with the same order and all the membership points earned from the same order.
10. PRICE AND PAYMENT10.1 Where to find the price for the product. The price of the product will be the price indicated on your order pages when you placed your order. The price is quoted in Hong Kong Dollars (HK$). We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 10.2 for what happens if we discover an error in the price of the product you order.
10.2 What happens if we got the price wrong. It is always possible that, despite our reasonable care, some of the products we sell may be incorrectly priced. Where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you after acceptance of the order to provide you a full refund. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and if you have collected the products, require the return of any goods collected by you in accordance with our return and exchange policy in force from time to time (see clause 9).
10.3 When you must pay and how you must pay. We only accept online payment including Amex, Visa, MasterCard, WeChat Pay and Alipay HK. You must pay for the products at the time of placing the order on the Website.
10.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know (see clause 2.2).
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for products not compliant with the Sale of Goods Ordinance (Cap 26).
11.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. OTHER IMPORTANT TERMS13.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.4 Governing Law and Jurisdiction. These terms shall be governed by Hong Kong law and the Hong Kong courts shall have jurisdiction to resolve any dispute between us.