Terms and Conditions of Use of Website
The use of this website is subject to the following terms and conditions (hereinafter referred to as “Terms and Conditions”) so as to protect the interests of the users of this website (hereinafter referred to as “Users”) and to ensure that this website is used in a legal and proper manner. Browsing of this website by any party indicates agreement to comply with the Terms and Conditions and/or that the Terms and Conditions shall be binding on the browsing party. Please note that these Terms and Conditions may change at any time and from time to time at the sole discretion of Vital Care without prior notice.
The supply of any products or services from this website is subject to our .Please also refer to our .
- Online Conduct
- Users agree that they shall browse and use this website only for browsing, querying, ordering and/or other legitimate purposes. Vital Care shall not be liable for any damage or loss arising from any system failure caused by operating system and Internet browser combinations, any error, omission, interruption, deletion, defect or delay in transmission or reception, any infection of computer virus from downloads, any theft or destruction or any unauthorized access, alteration or use of records.
- You shall bear full responsibility for any damage to your computer system or loss of data arising from the use of this website or uploading of personal data, and Vital Care shall not be responsible or liable for any losses that you cause as a result of the same. This website may be linked to third party websites (hereinafter referred to as ("Third Party Websites") or mention Third Party Websites. The contents of Third Party Websites are not subject to the supervision or control of Vital Care. Vital Care does not endorse or guarantee the authenticity of the contents of such websites, the standard of their contents, practices or services or make any guarantee regarding the products or services that they provide.
- From time to time, Vital Care may restrict access to parts of or the entire Website, to Users who have registered with us. To register, you must be over eighteen (18) years of age. By registering on this Website, using this Website and / or making a purchase, you confirm and certify that the information you provide, included but not limited to, your date of birth is complete, accurate and up-to-date. You agree to update your registration information promptly if it changes. All personal information you provide will be kept secure and processed in accordance with our .
- All articles or pictures used on this website are the property of Vital Care, and the information is protected by intellectual property laws (including but not limited to laws protecting copyright). Users shall not download, copy, transmit, store, cut and paste or use articles or pictures from this website in any other manner whatsoever without prior written consent from Vital Care.
- All product names, trademarks and/or designs are the intellectual property of Vital Care and/or its related companies, affiliated companies or partners. Any use or misuse of such intellectual property or other relevant information is illegal.
- Vital Care reserves the right to disclose any content or other electronic information: (i) for the purpose of meeting any legal, regulatory or governmental requirements; (ii) if such disclosure is necessary or appropriate to maintain the normal operations of this website; or (iii) for the purpose of protecting the interests or property of Users and suppliers of this website
- Due to rapid changes in Internet technology, this website does not ensure that use or access to the aforementioned information, data, products or services will be uninterrupted, timely, secure, reliable or error-free. You are to deliberate from time to time about whether you will use or continue to use the services provided on this website or upload your personal information to this website.
- This website may, from time to time, contain a variety of health information. Such information is for reference only. This website is not intended to provide diagnosis, treatment or medical advice. You are to exercise caution when using such information and not make any medical diagnosis for or give any treatment to yourself or any other person based on such information. You should seek the professional opinion of a doctor instead.
- All information provided on this website is only a summary of the relevant products and is for reference only. Vital Care shall not assume any warranty liability or give any representation, warranty or guarantee on the accuracy and completeness of such information.
- Where permitted by prevailing laws, Vital Care expressly states that it does not provide any express or implied warranty, including (but not limited to) ownership of the content of any information, data or product provided, quality assurance, applicability for specific purposes or non-infringement of the rights of third parties.
- Although Vital Care endeavors to ensure secure use of this website by its Users, it does not warrant that its Users’ information (including personal information) is not used by third parties. Hence, this website, its stakeholders, officers, directors, staff, or contractors do not assume any responsibility for any online conduct of suppliers or Users or their actions or inactions with regards to the transfer of information or content provision.
- You also acknowledge and agree that Vital Care will not be (directly or indirectly) responsible or liable for any damage or loss that you may suffer as a result of using or relying on the contents, goods or services of Third Party Websites.
- In the event that Vital Care is unable to fulfill its commitments, obligations or provide services due to the occurrence of events of force majeure, such as fire, flood, storm, typhoon, lightning, earthquake, riot, civil commotion, war, lockdown, epidemic or other natural disasters and uncontrollable incidents, or the establishment or revision of relevant legislation or regulatory code and restrictions by government or related agencies, or under circumstances beyond the reasonable control of Vital Care (including but not limited to delays or errors in the relay of information), Vital Care shall not be accountable or liable for any loss or damage.
- Vital Care and any other parties that are involved in the creation, production or provision of information, contents, materials, products and/or services for this website shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising from such information, contents, materials, products and/or services (even if Vital Care has been advised of the possibility of the aforementioned damages), such as: (i) incorrect, invalid or incomplete information, contents and materials provided by this service; (ii) the use of or inability to use this service; (iii) any product, data, information or service that is purchased or obtained through or via this service, or message received though or via this service, or the cost of purchasing any substitute product and service that is derived from transactions conducted; (iv) unauthorized access to or alteration of your information transfer or information, and; (v) other related matters of this service, including but not limited to revenue, profits, business, goodwill, use, data loss or other intangible losses. If claims arise from Vital Care’s negligence or its intentional acts, the damages shall be capped at the payment collected by Vital Care for the order of goods or for the service rendered.
- Applicable Law
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, and Users agree to be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
- If any of these Terms and Conditions are determined by the courts to be in conflict with the law, they shall be enforced according to the other parallel terms and conditions that are closest in meaning.
- Any waiver or delay by Vital Care in the implementation of any rights or remedies conferred by these Terms and Conditions shall not be construed as a waiver of such rights or remedies. Any waiver of any or part of such rights or remedies shall not hinder Vital Care from further exercising its other rights or remedies under these Terms and Conditions.
(If this English version is different from the Chinese Version, the English version shall prevail.)
Terms and Conditions of Sale
- All orders placed by customers for Products (save and except for orders that are cancelled according to the following terms and conditions) shall be valid and binding upon notification of order acceptance by Vital Care.
- Orders may only be cancelled by customers prior to the date of shipment. No orders shall be cancelled after the date of shipment without Vital Care’s written consent.
- Customers shall compensate Vital Care for any loss to Vital Care arising from the cancellation of their orders that have been accepted by Vital Care, and such losses shall include related costs and expenses such as the cost of repatriation of goods (if necessary).Unless otherwise expressly agreed between both parties in writing, the provisions of these Terms and Conditions of Sale
shall prevail in the event of any conflict between the provisions of these Terms and Conditions of Sale and the provisions of any other terms of order. s
- Unless consent is expressly given by Vital Care in writing, any orders issued with respect to the Products shall be deemed as orders issued pursuant to these Terms and Conditions of Sale, notwithstanding the absence of these Terms and Conditions of Sale in the said orders.
- It is customer’s responsibility to ascertain and comply with all applicable international, federal, state and local laws and regulations regarding the receipt, possession, use and sale of any Products. Customers shall be responsible for ensuring that the Product(s) can be lawfully imported into the destination country or region. For the avoidance of doubt, customers shall be importers of record and must comply with all laws and regulations of the destination country/ region.
- Vital Care reserves the right to limit sales, including the right to prohibit sales to re-sellers.
- Upon delivery of Product(s) to the delivery location as agreed by both parties and receipt by the customer, the customer shall inspect and check the appearance and quantity of the Product(s) for any damage caused during transportation to the delivery location and/or any defect and/or missing quantity. The customer shall sign on the delivery receipt or notify Vital Care in writing within 14 working days from the receipt of the said Product(s) if the customer finds any discrepancy in product quantity or any surface damage or defects upon reasonable inspection.
- Vital Care shall, at its own discretion, review and decide on any claims of quantity discrepancy. In addition, where Vital Care receives written notification from customers for claims of possible impact on product efficacy arising from product damage or defects, both parties shall arrange for product testing based on product specifications (as defined below) to be conducted by a mutually accepted independent laboratory so as to verify the stated damage or defects. The conclusion drawn by the said independent laboratory shall be final and binding on both parties. The cost of the said testing shall be borne by the defaulting party as determined by the said independent laboratory; where liability cannot be attributed to either party, the said cost shall be borne equally by both parties.
- Where the said independent laboratory determines that the product damage or defect is attributable to Vital Care or where Vital Care acknowledges a discrepancy in product quantity (where applicable), the customer shall be entitled to exchange for an appropriate number of the Product(s) or cancel the corresponding purchase price of the order with consent from Vital Care. Vital Care may request the customer to return all or part of the damaged or defective Product(s) or dispose of the same as instructed by Vital Care, whereby Vital Care shall bear the costs and the risk of loss arising therefrom.
- All replaced Products shall be the customer's property while all returned Products shall be the property of Vital Care.
- Customers shall immediately assume the risk of product loss upon their receipt of Products at the delivery location.
- Vital Care shall not be liable for any non-delivery or delivery delays due to factors beyond its control or due to failure by the customer to promptly provide the correct delivery location or follow the instructions given by Vital Care.
- Price and Payment
- Unless agreed between both parties in writing, customers shall provide their authorized credit cards when ordering and authorize immediate payment of the purchase price and other related costs (if any) by Vital Care.
- Payment can be made by Visa, MasterCard, Apple Pay, Google Pay, AliPayHK, Alipay or any other methods which may be stated on this website from time to time. International credit card providers or banks will determine the exchange rate, and may add an additional processing or administration charge which customers will be liable to pay.
- All payments for Products will be debited immediately when the order is placed. By placing any order using one of the above payment methods, the customer confirms that the payment instrument used belongs to the customer or that the customer has been authorised by the owner to use it. If the issuer of the payment instrument refuses to authorise payment to Vital Care, Vital Care shall be entitled to refuse to accept the order.
- Unless consent is expressly given by Vital Care, customers shall bear all taxes levied on them by local governments and the levied amount shall include (but is not limited to) any withholding tax, value added tax and sales or services tax (if any).
- If Vital Care fails to receive any amount receivable for any reason whatsoever, the relevant customer shall pay an additional amount as interest based on an interest rate of 12% per annum for the amount in arrears for the period between the due date and the actual date of payment to Vital Care.
- All terms and conditions of these Terms and Conditions of Sale pertain to all payments by customers to Vital Care and time shall be the essence of these terms and conditions.
- Warranty and Product Liability
- Vital Care warrants to its customers that the Products meet the specifications as stated on their packaging (hereinafter referred to as “Specifications”). The Specifications as stated on the packaging shall prevail in the event of discrepancy between other promotional or advertising contents (including contents on our website) and contents of the packaging.
- Warranties made by Vital Care to its customers shall be valid provided that its customers comply with all provisions made by Vital Care on product application, use and storage or other instructions given by Vital Care.
- The aforementioned warranties made by Vital Care shall diminish in the event of claims, potential claims, defaults or damage that are attributable to: (i) failure by any third party other than Vital Care or its customers to comply with the provisions on the application, use and/or storage of Products and/or other instructions related to the Products; or (ii) accidental or deliberate damages to the Products by any third party other than Vital Care or its customers; or (iii) inherent deterioration of properties, corrosion or invasion of foreign substances caused by any third party other than Vital Care or its customers.
- Intellectual Property Rights
- Vital Care or relevant members of its Group own the Products and all implied trade secrets, intellectual property or other rights, including (but not limited to) patents, copyrights, trademarks and the Products' brand names, contents and packaging design, test data and results, enhancements, appreciation or the aforesaid implied rights and interests (hereinafter collectively referred to as "Intellectual Property Rights").Vital Care does not authorize the use of any Intellectual Property Rights of the Products by its customers.
- Regardless of its nature, any claim to Vital Care for compensation with respect to the Products shall be made in the form of registered mail within 30 days from the delivery of the Product(s) to the delivery location as agreed between both parties and it shall be followed by full details of the said claim in writing which shall be delivered via registered mail to Vital Care within 15 days from the claim notification. Any failure by a customer to give claim notification and/or follow up with full details of the claim via mail within the stipulated time period as provided in the foregoing shall be deemed as a waiver of its right to make compensation claim.
- Unless otherwise provided by both contracting parties or their representatives in the form of a written contract or instrument, Vital Care may, at its sole discretion, change these Terms and Conditions of Sale at any time and from time to time. If changes have been made, Vital Care will note on this website that the Terms and Conditions of Sale have been updated.If you disagree with the changes, please discontinue use of this website to purchase Products on this website. Your ongoing purchase of the Products via this website after the changes signifies your agreement to the new terms. Please review these Terms and Conditions of Sale regularly, including before each purchase made on this website.
- If any provisions of these Terms and Conditions of Sale are deemed to be unenforceable, invalid or void under relevant laws, the said unenforceable, invalid or void provisions shall be removed from these Terms and Conditions of Sale and the remaining provisions shall remain in force.
- In the event that the discharge of Vital Care’s obligations encounters obstructions, restrictions, lockdown, interference or impediment due to network failures, vandalism, floods, riots, strikes, freight embargoes, acts of God, war or hostile acts, epidemic, change of laws or regulations by relevant governments or any other similar reasons beyond the reasonable control of Vital Care (hereinafter referred to as “Events of Force Majeure”), Vital Care shall not be liable for any resulting default or delay in performing the provisions of these Terms and Conditions of Sale. Both parties may enter into a new agreement or Vital Care may refund the purchase price of the order less administrative expenses and losses (if any) as are reasonable to the relevant customer, whereupon both parties shall agree that no other liability or compensation is outstanding.
- Any waiver or delay by Vital Care in the implementation of any rights or remedies conferred by these Terms and Conditions of Sale shall not be construed as a waiver of such rights or remedies. Any waiver of any or part of such rights or remedies shall not hinder Vital Care from further exercising its other rights or remedies under these Terms and Conditions of Sale.
- If any of these Terms and Conditions of Sale are determined by the courts to be in conflict with the law, they shall be enforced according to the other parallel terms and conditions that are closest in meaning.
- Vital Care shall under no circumstances be liable for any loss (whether direct or indirect) of revenue, loss of profits or any indirect or consequential loss whatsoever suffered, sustained or incurred by the customer or by other person arising (directly or indirectly) out of the sale and purchase transaction with the customer.
- Governing Law
- These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China and customers agree to be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region .
(If this English version is different from the Chinese Version, the English version shall prevail.)