SOGO eStore Terms and Conditions

(I) GENERAL

This Website (www.sogo.com.hk) ("this Site" or “SOGO eStore”) is owned and operated by SOGO Hong Kong Company Limited ("SOGO") in Hong Kong. Access to and use of this Site and related services (collectively, the “Services”) are made available to you in accordance with the following Terms & Conditions and any other rules, policies and privacy policy posted on the Site. By using the Services, such as browsing or placing orders on this Site, you are agreeing to all of the Terms and Conditions and that you accept and agree to be bound by them. This Terms and Conditions does not acknowledge any relationship between you and SOGO (partnership, collaboration, employment or otherwise). It does not entitle you to hold yourself as representative or agent of SOGO.

SOGO reserves the right to make change to this Site or any part of the Terms and Conditions at any time. Please visit this Site from time to time to check for any updates or changes.

1. Definitions

1.1 In these Terms and Conditions the following definitions shall apply:-

“Application” means SOGO Rewards Programme Hong Kong Mobile Application.
“Basic Point” means elementary point awarded to you when you may purchases at the Retail Stores based on the net spending amount of the transaction after all special offers or discounts.
"Customer" shall mean you.
"Intellectual Property" shall mean the Content of this Site, the products and information which has been licensed and authorised by the owner or licensor which include (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, or other intellectual proprietary rights belong to us or the product and information provider or the licensor of the said rights.
"Content" means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programmes, and other material featured, displayed or used in or in relation to this Site.
"Login" shall mean a Customer's personal user name and password for access to this Site under that Customer's registration.
"Privacy Policy" shall mean SOGO's policy regarding personal data collected in connection with this Site.
"Price(s)" shall mean the price(s) of Product(s) on the day of order.
"Product(s)" shall mean the product(s) for sale on this Site.
"Retail Stores"means department stores (including physical stores and online eStore) and the club house operated by SOGO in Hong Kong.
"SOGO" shall mean SOGO Hong Kong Company Limited the owner and operator of this Site.
"SOGO eStore" shall mean this Site and the medium by which Products are offered for sale by SOGO Hong Kong Company Limited to the Customer over the Site.
"SOGO Rewards Member" means a member of the SOGO Rewards Programme.
"SOGO Rewards Programme" means any Application or such other programme or software named as "SOGO Rewards" installed in your mobile device or offered through such other platform or medium by us as we may determine from time to time and accessed by you. For details, please refer to the Terms and Conditions of the respective SOGO Rewards Mobile Application and SOGO Rewards Programme.
"we" and "us" mean SOGO, and "you" means you as the Customer.

(II) REGISTRATION

You can register as a SOGO Rewards Member in order to use the Services on this Site. To register as a SOGO Rewards Member, you agree to be bound by the Terms and Conditions of SOGO Rewards Programme.
SOGO has absolute discretion to refuse registration of any person as a SOGO Rewards Member and to terminate the registration of any Customer for any reason whatsoever.
This Site may only be used by individuals aged eighteen (18) years or older. If you are thirteen (13) years or older but under the age of eighteen (18) years, you should review these Terms and Conditions with your parent or guardian to make sure you and your parent or guardian understand and agree to them. By registering for an account with us or otherwise using our Services, you agree that you have informed your parents and guardians about the Terms and Conditions prior to such registration or use, and they have approved of such registration or use by you on the terms of the Terms and Conditions. SOGO reserves the right to only accept orders from you if you are aged 18 or over.
We will never ask you for your account’s password either in writing (via email or otherwise), in person or on the phone. In using this Site, you are responsible for: (i) safeguarding any passwords used to access your account and our Services, and (ii) all use of our Services under your account. Please take reasonable care in protecting access to your account from any unauthorised use. If you suspect that the security of your account has been compromised or if there is unauthorised use of your account, please contact us immediately.
You agree to accept responsibility for all activities that occur under your Login including but not limited to paying for every order made under his/her Login and agrees to indemnify SOGO for any and all claims, losses and damages whatsoever arising from or in relation to the action(s) of any person placing any order for the Product(s) or conducting any activities using your Login. You shall be responsible for updating your registration information. You shall be responsible for notifying your bank of any changes to his/her record, or losses, theft or unauthorised use of your credit card.
SOGO Rewards Member accesses to this Site is gained through the use of a personal password. SOGO shall not be responsible for any offline password management and you shall ensure that your password is kept strictly confidential to prevent unauthorised usage. SOGO shall use its best endeavours to prevent any unauthorised access to this Site. However, SOGO shall not be liable for any and all losses or damages whatsoever if any third party gains unauthorised access to this Site using your Login.

(III) ELIGIBILITY TO PURCHASE

In order to place orders at our SOGO eStore, you must meet our conditions of eligibility:

You must be aged 18 years of age or over. If you are thirteen (13) years or older but under the age of eighteen (18) years, you can place orders with your parent or guardian to make sure you and your parent or guardian understand and agree to the Terms and Conditions of each purchase;
You must be in possession of a valid credit/debit card issued by a licensed bank acceptable to SOGO for payment; and
You must provide personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site).
In placing an order with us, you authorise SOGO to process a charge or charges on your credit/debit card account in the amount of the total purchase price of your order. You also expressly authorise us to use personal information provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information.
All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.
The Site is for your personal use only. You may not purchase Products from the Site for reselling purposes or commercial exploitation.
SOGO reserves the right to decline any order it may, in its sole discretion, consider unreliable for credit reason or otherwise.

(V) PAYMENT

Our SOGO eStore only accepts payments made by Visa, Mastercard, UnionPay, AMEX, Alipay and Wechat Pay. When you place an order using one of the above credit/debit card payment methods, you confirm that the credit/debit card account used in yours or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to SOGO, we will not be liable for any delay or non-delivery.
Payments will be debited when the order is placed. But your order will be accepted until we send you an email to confirm the Products have been dispatched to you and your payment has been accepted. Title in the merchandise does not pass to you until payment has been fully received, and risk shall pass to the you upon delivery or pick-up (as the case may be).
SOGO may change at any time the method by which payments for SOGO eStore may be effected and such changes may be notified by notice shown on this Site.
Customers who pay with a BOC SOGO Visa Card are not entitled to 5% cash rebate upon purchase of any Product.
Products and Prices displayed on this Site are for reference only and are subject to alteration or modification at the time of payment.
All instore promotion at SOGO physical store in Causeway Bay is not applicable to any purchase at this Site.

(VI) ACCEPTANCE OF YOUR ORDER

Content (including without limitation product images, descriptions, pricing, stock availability, and sizing information) on this Site constitutes our invitation to treat, not a binding offer.
Once you have entered your personal and payment details and placed your order at SOGO eStore, we will send you an email acknowledging the receipt of your order. This email is confirmation of receipt of your order and does not constitute an acceptance of your offer / order or any promise concerning your offer / order.
If your order can be accepted by us, the contract between you and SOGO shall be deemed concluded when we send you an email to confirm that the goods under your order have been shipped to you.
Only the goods listed in the confirmation email sent at the time of shipment are included in the contract concluded. All sales contracts are concluded in Hong Kong SAR and are written in English.
All purchases made online at estore.sogo.com.hk and shipped to you are eligible to accumulate SOGO Rewards Basic Points if you are registered and login as SOGO Rewards Member. In any case of dispute, the decision of SOGO shall be final.
SOGO reserves its right not to accept an order for any reason in its sole discretion (including but not limited to any of the following reasons):
- The Product you ordered is out of stock, or is withdrawn for failure to meet quality standards or due to the shipping restrictions applicable to any or all of the ordered items.
- We are unable to accept your order due to a system error.
- We are unable to obtain authorisation for payment.
- You do not meet the eligibility criteria to purchase as set out in this Terms and Conditions.
  
  Our staffs will contact you as soon as possible if we are unable to accept your order.

(VII) DELIVERY SERVICE

SOGO shall use its reasonable endeavours to deliver Products to the delivery address specified on the order confirmation email or last on record, but SOGO shall not be liable for any delay, change of delivery time or non-delivery for causes beyond its control. For details, please refer to the Delivery Arrangement under this Site.
SOGO shall prepare (in case of self pick-up) and deliver Products according to the items included in "My Shopping Cart" ("the shopping cart"). You shall include all purchase items (i.e. including free gifts and redemption items) in the shopping cart. You shall not be entitled to delivery of any items which are not in the shopping cart.
No delivery service shall be available on the 1st and 2nd day of Chinese New Year; or when typhoon signal No.8 or above or the black rainstorm signal is hoisted; or any such weather condition whereby delivery is considered unsafe. Adverse weather conditions may cause a delay in the delivery of your order. You will be notified by the supplier or SOGO as soon as possible with the rescheduled delivery date and time of your order. For peak season ad special occasions, pricing, delivery charges, order cut-off times, delivery and/or pick up time may be altered.
It is the responsibility of you to notify SOGO immediately of any change to their delivery address. Any failure of delivery due to change of the delivery address without notifying SOGO, SOGO reserves the right to charge you a surcharge of HK$90 for the re-delivery of the Products to the new delivery address and the delivery date will be rescheduled.
All deliveries shall be made only to the entrance of specified delivery address. SOGO has no obligation to make the delivery to any specific location within the delivery address. All deliveries shall be signed off by the receiver with a signature.
SOGO reserves the right to decline delivery of any Product to any Customer at its sole discretion.

(VIII) VARIATION / CANCELLATION OF ORDER

All orders shall not be varied or cancelled upon payment settlement at SOGO eStore.
Subject to your consent, SOGO may substitute a Product for another similar Product if the initial Product ordered by you is unavailable. Otherwise, the Product will be deleted from your order and the bill will be adjusted accordingly.
If there is no prior consent from you for a substitution, no substitution will be made.

(IX) EXCHANGES OF PRODUCTS / REFUNDS

Images of Products on this Site may not exactly correspond to Products' descriptions and are for reference only. Customer shall not be entitled to return a Product on the basis that it does not exactly correspond to its image on this Site.
SOGO shall assume no obligation or liability for any advice or information provided with Products displayed on this Site and shall not be responsible for any inaccuracy or misstatement of any such information.
SOGO shall use its reasonable efforts to ensure that orders are correctly fulfilled and shall deal with any discrepancies in the following manner, provided that they are reported within 48 hours of delivery or order pick-up via email to estore@sogo.com.hk or phone to 2833 8338.
1. If any Product proves to have been delivered or provided for pick-up in a damaged condition (with no fault on the Customer's part), or the Product has passed its sell-by date, or the Product has been omitted in the delivery/ pick-up, or SOGO has delivered a Product different from the one ordered by/ provided for you, SOGO shall replace the Product.
2. For the exchange of Product policy, the Product should be unused and in the condition originally sold together with all parts and accessories including manuals, certificates, labels, tags, consumables, bags, and boxes (if applicable); otherwise, SOGO reserves the right to decline the exchange of the Product.
3. Refund is only available if the Product is out of stock at the time when the Customer requests any Product (subject to satisfaction of Clauses 7.3(a) and 7.3(b) above) to be exchanged.
4. If any Product which is not included in the Customer's order is mistakenly delivered to the Customer, the Customer shall inform SOGO immediately and SOGO reserves the right to collect the wrong Product delivered or provided.
5. If the Customer is charged more than the total price of the Product(s), SOGO shall refund to the Customer the difference.
SOGO's liability to any Product delivered is limited to refund or replacement specified above. All other remedies are excluded.
Refund shall be credited to the Customer's credit card account as supplied during payment.
In case of dispute, SOGO reserves the right of final decision.

(X) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

SOGO does not represent or warrant that access to this Site, or any part of it, will be uninterrupted, reliable or fault-free.
SOGO does not represent or warrant that this Site or any of its Contents and Products /Services descriptions are accurate, complete, current, error-free or reliable.
You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst SOGO strives to protect such information, we do not warrant and cannot ensure the security of any information which is transmitted to us. Any information transmitted to SOGO is transmitted at your own risk.
To the extent permitted by law, SOGO excludes all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have as a result of:-
1. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to this Site or any information on this Site;
2. the unavailability of this Site (or any part of it), Products or Services;
3. any delay or disruptions in providing, or failure to provide or make available, Products or Services, or any negligent provision of Products or Services;
4. any misrepresentation on or relating to this Site, the Products or the Services;
5. any Product not being of merchantable quality or fit for their purpose;
6. viruses or other malicious software obtained by accessing or linking to this Site; and
7. any negligent advice, inaccurate or misstated information provided in connection with the Products or Services displayed on this Site.
Save as required by law:-
1. SOGO and SOGO's affiliates (i.e. including our and their officers, directors, agents and employees) will not be liable and you agree not to hold SOGO and SOGO's affiliates, directors, officers, employees, agents and contractors responsible for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, whether arising out of any problem notify to us or otherwise; and
2. SOGO and SOGO's affiliates will have no liability to pay any money to you by way of compensation except otherwise specified in these Terms and Conditions.
You must observe and comply with all applicable regulations and legislations, including obtaining all necessary permits to purchase Products from this Site. SOGO makes no representation and accepts no liability in respect of the export or import of the Products purchased from this Site.
None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our Services or Products to you.
Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these Terms and Conditions.
SOGO shall make every effort to fulfil orders placed by you through SOGO eStore, but shall not be liable to any person if SOGO eStore shall decline or become unable to fulfil an order for whatever reason, including but not limited to: supply shortage, supply modification, Products/Services withdrawal, our identification of a pricing or Products/ Services description error, our inability to obtain authorisation for payment or your failure to meet the eligibility criteria to purchase a relevant Product.

(XI) INTELLECTUAL PROPERTY

All software and Content are owned, controlled or licensed by other third party to SOGO which are the intellectual property of SOGO and are protected by intellectual property and copyright laws and international treaty provisions. Nothing in these Terms and Conditions shall confer on the Customer any right or interest in the Content and all other rights are reserved to us.
This Site is for your personal use and non-commercial use. Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by SOGO and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorisation of SOGO. Any such unauthorised actions may result in civil consequences or criminal penalties.
SOGO reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.

(XII) INDEMNITY

You agree to fully indemnify us (and our affiliates) as well as all of our and their directors, employees, officers, contractors, licensors, suppliers and agents) harmless from and against all claims, liabilities, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us or our affiliates arising out of any breach of the covenants, warranties, representations and agreements by you herein. This includes the use of this Site by any other persons using your account caused by your action or inaction.

(XIII) LINKED WEBSITES

This Site may include links to other websites or resources that are not operated or prepared by SOGO. SOGO has no control over such Sites and resources and we will not be responsible for the content of any websites and will not accept responsibility or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of these linked websites.

(XIV) TERMINATION

We may terminate your access to our Site or SOGO Rewards member registration immediately if you are in breach of any of these Terms and Conditions.
Any rights that have accrued to either party at the date of termination will remain enforceable after termination.

(XV) FORCE MAJEURE

If the performance by SOGO 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 SOGO), SOGO shall be excused from such performance to the extent of such prevention.

(XVI) VARIATION OF TERMS AND CONDITIONS

SOGO reserves the right to amend these Terms and Conditions in its sole discretion and without prior notice to you. You are reminded to review these Terms and Conditions prior to submitting any order. Once an order is placed, you are deemed to have accepted the Terms and Conditions prevalent at the time.

(XVII) PREVAILING LANGUAGE

In the event of any discrepancy in the translation of this text, the English version shall prevail.

(XVIII) SEVERABILITY

If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity and enforceability of such provision under the law of any other jurisdiction, and of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby.

(XIX) APPLICABLE LAW

These Terms and Conditions together with all our policies and procedures are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. The High Courts of the Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these Terms and Conditions.

Last updated: Nov, 2023

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