Terms and Conditions

The Terms and Conditions contained herein shall apply when You purchase Our Products through Our Website. Before placing any Order, please read these Terms and Conditions. Please note that purchasing any Products through this Website shall mean that You have read, understood and agreed to these Terms and Conditions as well as Our Privacy Policy and Terms of Use of the Website. All Products purchased from this Website are bound by the Terms and Conditions. In the event of discrepancy or inconsistency between these Terms and Conditions and the Privacy Policy and/or the Terms of Use of Website, the provisions of the Terms and Conditions shall prevail.

The Website is designed for and intended for use by adults over 18 years or 21 years of age (depending on Your jurisdiction). If You are of the minimum legal age to enter into a contract in the jurisdiction You reside in, You must review these Terms and Conditions with Your parent(s) or legal guardian(s) to ensure that they read and agree to these Terms and Conditions on Your behalf. By accessing and using the Website, You represent that You are of minimum legal age in Your jurisdiction to agree to these Terms and Conditions, and/or Your parent(s) or legal guardian(s) have read and agreed to these Terms and Conditions on Your behalf, and You understand and agree that We are relying upon that representation in allowing You to use the Website.

1. Definitions

1.1. “Applicable Laws” means legislation, regulations, rules, codes, or other similar documents issued or given by any legal, regulatory or governmental or authorities as are applicable to You and Us at the relevant time.

1.2. "Contract" means a contract which We and You agree to enter into for Our sale of and Your purchase of the Products made through this Website in accordance with the Terms and Conditions.

1.3. "Shipping Address" means the address designated in Your Order where the Products are delivered thereto.

1.4. "Delivery Date" means the date, agreed by You and Us, of delivery or pick-up (as the case may be and where applicable) of the Products/ Services in Your Order.

1.5. “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.

1.6. "Intellectual Property" means all intellectual property rights of whatever nature, including (but not limited to) patents, designs, trademarks, database or copyrights, whether or not registered or registrable by any means, and all rights to file an application for registration of such rights.

1.7. “Macau” means the Macau Special Administrative Region of the People’s Republic of China.

1.8. “Member” means a member of the loyalty membership programme operated by Us. The term “Non-member” shall be construed accordingly.

1.9. "Order" means an online order submitted through this Website by You to purchase Our Products/Services.

1.10. "Order Confirmation Email" means the email confirmation sent by Us to You upon the successful acceptance of Your Order.

1.11. “Overseas” means regions or countries outside of Hong Kong and Macau.

1.12. "Product(s)" means the product(s) and/or peripherals of the product(s) available for sale on this Website, and such Product(s) as You designate in the purchase form is the subject matter of this Contract.

1.13. “Product Exchange” means the exchange of Product(s) in accordance with the Exchange Policy and the Terms and Conditions in force at the relevant time.

1.14. "Terms and Conditions" means the terms and conditions as contained herein.

1.15. "We" or "Us" means Akso Health Technology Limited.

1.16. "Website" means https://www.apad.com.hk

1.17. "You" or "Your" means You and all persons who purchase the Products/Services through this Website.

2. Basis of this Contract

2.1. All transactions of Products made on this Website are subject to the Terms and Conditions. Such Terms and Conditions prevail over any other terms and conditions issued by You additionally in the Order. For the avoidance of doubt, such Terms and Conditions are not applicable to any sale and purchase of Products/Services at Our physical shops.

2.2. By placing an Order to us, You hereby warrant and declare that:

2.2.1. You have attained the age of 18 or other minimum age requirements for entering into any binding contracts in Your jurisdiction and possess the capacity and ability to enter into legally binding contracts;

2.2.2. in registering an account, placing an Order and in Your use of the Website, You agree to (where necessary) provide information about Yourself (email address, real name, phone number, billing information and other requested information as indicated on the Website) and that they are true, accurate, current, and complete in all respects;

2.2.3. You understand that We only sell and deliver the Products to end customers; and

2.2.4. You shall not resell or supply the Products purchased from this Website (including any parts thereof) outside the territory of purchase or to any person whom You are aware or have reason to believe, may resell and supply such Products (including any parts thereof).

3. Placing an Order

3.1. All orders are subject to Our acceptance and availability, and items which You have placed in Your shopping cart are not reserved and may be purchased by other customers.

3.2. Once Your Order has been placed successfully through this Website, You will receive an email acknowledging the details of Your Order. This email is only an acknowledgement of Our receipt of Your order and does NOT represent an acceptance of Your Order.

3.3. Once Your Order is successfully accepted, You will receive an Order Confirmation Email from Us. The Contract between You and Us is thereby established and is subject to the Terms and Conditions. You shall, to the fullest extent permitted by the Applicable Law, neither cancel nor amend the Order howsoever unless in accordance with these Terms and Conditions.

3.4. We reserve the right not to accept Your Order in the event, for example, that We are unable to obtain authorization for payment, that shipping, export or import restrictions apply to a particular item in Hong Kong or in Your jurisdiction, that the item ordered is out of stock or does not satisfy Our quality control standards and is withdrawn, or that You do not meet the eligibility criteria set out within the Terms and Conditions. We may also decline to process a transaction for any reason or decline to provide the Products to anyone at any time at Our sole discretion. We will not be liable to You or any third party by reason of Our (i) withdrawal of any Products from the Website whether or not such Products have been sold, (ii) removal, screening or editing of any materials or contents on the Website or (iii) refusal to process a transaction or suspension of any transaction after processing of it has begun.

3.5. All information on this Website constitutes an invitation to treat only and shall not be regarded as an offer by Us to supply any Products/Services to anyone.

3.6. We cannot guarantee any Products/Services shown on the Website are available for sale at any time. If We cannot satisfy any Order for any reason, we reserve the right to cancel the Order and refund the amount (or part thereof) which You have paid to us and shall not be liable to You or any person should We exercise such right. If any Product in Your Order is not available, We will inform You accordingly.

4. Price and Payment

4.1. Recognised credit cards which We accept include Visa, MasterCard, UnionPay or any other credit cards We agree to accept from time to time as indicated on the landing page for payment. All payments are calculated in the currency applicable in Your jurisdiction.

4.2. To ensure the security of online payments, Visa and MasterCard have respectively designed “Verified by Visa” and “MasterCard® SecureCode™” services to authenticate Your identity at the time of transaction. You understand that it is Your sole responsibility in satisfying such authentication requirements. You hereby declare and warrant that You are the legitimate holder of the credit card that You use for payment of the Products.

4.3. You agree that Your credit card payment shall be processed by the service providers engaged by us. You hereby acknowledge and agree that particulars of Your credit card shall be passed to the relevant financial institution through such service providers.

4.4. You agree to pay for every Order made under Your account with the Website by credit card and agree to indemnify Us for any claims, losses, and damages whatsoever arising from the actions of any person placing any Order for the Products using Your account with the Website or credit card. You shall be responsible for notifying the relevant financial institution of and be liable for any changes to Your personal records, loss, theft or unauthorized use of Your credit card.

4.5. We will from time to time update this Website and any specifications and prices of the Products published therein. Please visit this Website regularly in order to obtain the latest information.

4.6. We have the right to at any time set credit limits and/or limits to the number of Products which You may purchase from Our Website.

4.7. Upon Our receipt of full payment (including any other additional charges incurred or to be incurred) of the Products in Your Order, We will arrange the delivery or pick-up (as the case may be and where applicable) of such Products.

4.8. The original copy of the invoice for the transaction amount You paid for the Product(s) will be delivered to You at the same time of delivery or pick-up.

5. Delivery or Collection of Products (for Hong Kong customers only)

5.1. If You have opted for delivery services in Your Order, we will confirm with You the Delivery Date and time session by email. Please note that no delivery services will be provided on Sundays and public holidays.

5.2. Delivery services are available in Hong Kong Island, Kowloon and the New Territories. Delivery services to Tung Chung, Ma Wan and Discovery Bay are only available on Monday, Wednesday, Thursday and Friday. Delivery services to Lantau Island are only available on Wednesday & Friday PM (excluding public holidays).

5.3. We provide free delivery service.  However, delivery services are not applicable to Restricted Areas, some Outlying Islands, Hong Kong Disneyland, warehouses, vessels, and public areas such as stations/roads/staircases.

5.4. For designated Shipping Address with an elevator/lift available and carrying the item up/down stairs is needed after taking the elevator, a surcharge will be applied (HK$30 per floor per item; for stairs, 10 stairs count as one floor with a charge of HK$30 per floor per item. Complimentary gifts are excluded).

5.5. If there is no elevator/lift at the designated Shipping Address, only night delivery services will be provided with a delivery charge of HK$100, and a surcharge shall apply (HK$30 per floor per item; for stairs, 10 stairs count as one floor with a charge of HK$30 per floor per item. Complimentary gifts are excluded). If the building has a mezzanine floor, it will be charged as one floor.

5.6. If the destination is not accessible by a truck, a delivery person shall, depending on the actual circumstances of delivery, deliver on foot and the following conditions: 

5.6.1. You or Your authorized recipient of the item may be required to lead the way when requested by the delivery person;

5.6.2. the walking time is within 10 minutes; and

5.6.3. the route is flat, wide, and safe.

In the event one or more of the above conditions could not be met, the delivery person may at his/her discretion, arrange delivery at the nearest parking point, e.g.: car park, village entrance, public mailbox, etc.

5.7. If for actual circumstances or any other reasons, Our courier is not able to deliver the goods to the Shipping Address as specified in Your Order, the delivery person shall provide a delivery fee quote based on the actual circumstances of delivery. Example: stair charges, etc. The customer shall pay the quoted delivery fee in cash on delivery to the courier.

5.8. We shall not be liable for any delay or failure in delivering the Product(s) that is caused by or resulting from accidents, traffic conditions, weather conditions or any other causes that are beyond Our control.

5.9. Delivery services will be suspended when typhoon signal No.8 or above or a black rainstorm signal is hoisted. If the typhoon signal No.8 or above is cancelled, delivery service will be arranged on the next available day; if the black rainstorm signal is cancelled, the delivery service will be rescheduled by contacting You.

5.10. If You need to make any amendments to Your Order (such as Delivery Date, delivery time session or adding items, etc.), please inform Us at least 3 working days (excluding Sundays and public holidays) in advance of the prior agreed date and time of delivery. We shall try to accommodate any such amendments but are not obligated to do so.

5.11. If for any reason We find it necessary to amend the Delivery Date, We will notify You of the amended date as soon as possible. However, the Delivery Date is only Our best estimate and is not an element of the Contract. Under no circumstances shall We be liable for any advancement or delay (for whatever reason and whether or not You have been notified) in the Delivery Date.

5.12. If You are unable to collect Your Products from the designated store within 30 days after the Order Confirmation Email has been sent to You; or You have not provided Us with sufficient or precise instructions for delivery, under the circumstances of not affecting any rights or indemnity and at Our discretion, we may:

5.12.1. keep the related Products until the actual Delivery Date, and charge You a reasonable storage fee (including any insurance fee incurred); or

5.12.2. cancel Your Order and charge You any additional expenses and losses caused by insufficient and inaccurate information provided Your failure to receive the Products; or

5.12.3. dispose of the unclaimed Products in any way without any obligation or liability to You.

5.13. We shall be deemed to have properly performed all obligations under the Contract upon delivery, and the Products delivered shall be deemed to be correct and of satisfactory quality.

5.14. All risks in the Products shall pass to You upon the Products being delivered to the delivery address or You in accordance with Clause 5.7 or being collected from Our stores; however, We shall retain title in the Products until full payment has been received.

5.15. You will have to sign a confirmation of receipt of the Products when the Products are delivered or collected and by doing so, You accept the Products being in good condition and the responsibility for the Products ordered from that moment onwards.

6. Shop Pickup (in Hong Kong stores only)

6.1. If You opt for Shop Pickup in Your Order, We will confirm with You the pickup date and shop location by email.

6.2. When You arrive at the designated shop to pick up Your Products, You will be required to present the Order Confirmation Email and the original credit card that was used for the transaction when picking them up in-store. You are required to collect Your Products in person and to sign and acknowledge the pickup notice.

6.3. If You wish to change the pickup date and/or shop location, please email or telephone Our Customer Services 2 working days in advance of the prior intended pickup date.

6.4. To ensure a better customer service experience, certain designated Products must, upon Your arrival at the shop for pickup, be opened for checking and activation immediately before handing over them to You for receipt.

7. Exchange Policy (7-day Guarantee)

7.1. We are committed to providing You with Products of merchantable quality. If You are not satisfied with the Products in any way and require an exchange, You have to submit a request according to Our Exchange Policy in any event within 7 days from the date the Products are delivered or collected (“Product Exchange”). Otherwise, the Product(s) will be deemed free of quality and specification issues. You acknowledge that Product Exchange is Your sole remedy in respect of all liabilities and damages arising from or in connection with any product quality or specification issues.

7.2. Any Product Exchange not made in the manner set out under Clause 8 and/or the Exchange Policy shall be deemed invalid. We reserve Our right and discretion to decline any invalid Product Exchange claim. In the event of any dispute hereunder, We enjoy the right to make the final decision at Our full discretion.

7.3. You have to submit Your Product Exchange claim request within 7 days from the day the Product(s) are delivered, provided that:

7.3.1. the Product(s) must not be opened or used;

7.3.2. all parts, accessories, user manual, warranty card (blank), free gifts, redeemed items or any other documents or materials that come together with the Product(s) remain intact and are returned together with the Product(s); and

7.3.3. the original invoice of purchase and the credit card used to purchase the Product(s) must be presented (where applicable),

otherwise, We are entitled to refuse the Product Exchange. If You fail to complete and return the required documents or items, We have the right to refuse Your application for a Product Exchange.

7.4. The Product(s) to be exchanged should not be damaged, scratched, defaced or contain any trace of water and/or other substance.

7.5. You are allowed to exchange the Product(s) complained of with Product(s) of the same model, make and colour.

7.6. Notwithstanding anything to the contrary in these Terms and Conditions, the 7-day Guarantee does not apply to personal care products, earphones and other designated products as We may determine from time to time without any prior notice to You.

7.7. You acknowledge that the 7-day Guarantee does not apply to Product(s) where online warranty registrations of which have already been completed and to Product(s) that have been repaired and made good.

7.8. You acknowledge that the respective agents/vendors/manufacturers of the Product(s) are responsible for the warranty of the relevant Product(s). The terms and conditions of such warranty are subject to the agents/vendors/manufacturers’ policy. During the warranty period, You may return the products to the agents/vendors/manufacturers for repair or otherwise as directed in the relevant warranty cards. For details concerning the warranty of Products, please direct Your enquiries to the responsible agents/manufacturers/vendors.

7.9. If there is any dispute, We reserve the right of final decision.

7.10. Notwithstanding anything to the contrary in these terms and conditions, this Clause 8 applies only to Hong Kong. 

8. Warranty and Liability

8.1. Any conditions or warranties, whether expressed or implied by statute, common law, trade custom, or otherwise, including warranties of merchantability or fitness for a particular purpose, and any additional liability, compensation or indemnification, other than those are expressly provided for in these Terms and Conditions, are, insofar to the extent as permitted by Applicable Laws, hereby expressly rejected.

8.2. If You use any personal password to gain access to this Website, We shall not be liable for any offline password management. You shall ensure that Your password is kept strictly confidential to prevent any unauthorized use. We shall not be liable for any loss or damages whatsoever if any third party gains unauthorized access to this Website by using Your password.

8.3. We give no warranty as to the accuracy of the information contained on this Website in particular to the digital images. We shall not be liable for any liability arising from any inaccuracy or inconsistency of the information, wilful damages, negligence, operation under abnormal conditions, any use that does not abide by Our written or verbal guidelines, any incorrect use or damages caused by repair or modification made without receiving Our prior written approval. The digital images on this Website are for reference only. Any typographical error, clerical or other error or omission on this Website, any sales literature, quotation, price list, acceptance of offer, invoice, the statement made during any customer service or other document or information issued or represented by Us shall be subject to correction at any time without any liability on Our part.

8.4. You shall be responsible for ensuring the completeness, correctness and accuracy of all information provided in connection with Your Order, including without limitation, the delivery address, recipient information and payment details. We shall not be liable for any failure or delay or otherwise in discharging Our obligations and/or performing Our duties under this Terms and Conditions if such default is in any way related to the incomplete, incorrect and/or misleading information provided by You in respect of the Order. You undertake to indemnify and hold Us harmless and Our relevant third parties from and against all costs, losses and damages incurred or suffered as a result of Your provision of incomplete, incorrect and/or misleading information in respect of the Order.

8.5. We shall not be liable for any losses, damages, costs and expenses directly or indirectly suffered by You (including but not limited to, loss of profits, loss of savings, loss of goodwill, loss of revenue or loss of contracts incurred by You, whether anticipated or actual, or any special indirect or consequential damages of any nature whatever) or any action, claims and proceedings taken against You by any third parties in connection with, incidental to and consequential upon the performance of us in relation to these Terms and Conditions. Notwithstanding anything to the contrary, to the extent permitted by Applicable Laws, Our total aggregate liability in contract, tort, equity or otherwise for any direct loss or damage arising out of or in connection with these Terms and Conditions shall be limited to the total amount paid by You in respect of the Product(s) arising with problems.

8.6. The quality, suitability and safety of the Product(s) are the responsibility and liability of the associated agents/vendors/manufacturers. We shall not be liable to such responsibilities.

8.7. Some jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of incidental or consequential damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You hereby agree that Our liability to You (if any) shall apply to the maximum extent permitted by Applicable Laws.

8.8. If You are entitled to an exchange, return or refund of the Product(s) that have been delivered to You by virtue of any Applicable Laws, to the extent permitted by the Applicable Laws, You shall be responsible for all the costs and expenses (including but not limited to any tax or duty chargeable on such Product(s)) and paper works associated with returning the Product(s) to Our designated return address, which We shall advise You at the time of Our confirmation in writing that You may exchange, return or refund such Product(s). For the avoidance of doubt, unless with Our prior confirmation in writing, We shall not process any request for exchange, return or refund of Product(s) for any Overseas order. 

9. Modification of the Terms and Conditions

9.1. We have the right (but not the obligation) to amend, edit, or make any changes in any other form of the Terms and Conditions and any information, from time to time at Our sole discretion without any prior notice to You. 

9.2. Any changes or modifications will be effective upon posting of the Terms and Conditions on the Website as revised and placing an Order through the Website following the posting constitutes Your acceptance of the revised Terms and Conditions.

10. Ordering from Outside of Hong Kong and Macau 

10.1. Except for Clauses 5 to 7, the Terms and Conditions shall apply to the maximum extent as permitted by Applicable Laws for all Orders originating from outside of Hong Kong and Macau SAR. 

10.2. Some of Our Products are unavailable for Overseas sale and delivery. If we are unable to sell or deliver any product to Your chosen territory, we will always show You on the product page.

10.3. We shall inform You of Our recommended delivery services for the shipping of the Products You ordered in the Order Confirmation Email or at the time of checkout. Your rights regarding the delivery of the products shall be governed by the terms and conditions of such a forwarder, which will be available for perusal upon request. By choosing the forwarder we recommended to You, You irrevocably agree and consent to Our appointment of such a forwarder to handle all the aspects of the delivery of the Products on Your behalf. We will not be responsible for any act or omission on the part of such a forwarder. We disclaim any liability whatsoever and You assume all risks and liabilities associated with the use and services of such a forwarder.

10.4. You acknowledge that some Products You purchase through Our Website may be subjected to further customs duties, taxes, tariffs or other import or export duties or obligations under the Applicable Laws which We have no control whatsoever. For the avoidance of doubt, You shall remain solely responsible for all such duties, taxes, tariffs that may be payable by You upon delivery of the Products under the Applicable Laws. You further irrevocably agree to comply with all applicable import or export control laws and regulations and will not encourage, assist, or authorize the transfer or reexport of such Products to a prohibited territory in violation of the Applicable Laws. 

10.5. You acknowledge that We make no claims or warranties that any of Our Products are appropriate and fit for use in Your jurisdiction. By making any purchases or placing any Order through the Website, You represent that the Product(s) ordered are suitable and fit for any particular intended purpose in Your jurisdiction.

Generally speaking, since the goods being shipped are owned by the shipper or consignee, customs officers will only open Your package under certain circumstances. These circumstances include, but are not limited to, random inspections conducted by customs officers for detecting, preventing and investigating any illegal activities.

11. Force Majeure

11.1. If for any reason of events of Force Majeure, including fires, floods, casualties, accidents, disasters, natural disasters, any laws, orders, declarations, regulations, requests, or provisions issued by the Hong Kong Government or its agencies, strikes, wage disputes, labour shortages or technician shortages, goods or raw materials shortages or lack of supply, shipping delays, or any other reasons beyond Our reasonable control, which render Us incapable of fulfilling Our responsibilities under the Website and/or the Terms and Conditions and/or any confirmed Orders, We shall not incur any liabilities within the circumstances of such delay or prevention.

12. Personal Data

14.1. Please refer to Our Privacy Policy on how We handle personal data.

13. General Terms

13.1. These Terms and Conditions, Privacy Policy and Terms of Use of Website, together with the Order Confirmation Email shall constitute the entire agreement (“Contract”) and understanding between You and Us in relation to the transaction of the Products and shall supersede in all aspects all previous correspondence, understandings and agreements, between You and Us in respect of the same.

13.2. You shall not assign or transfer any rights or obligations under these Terms and Conditions or the Contract to any third party without Our prior written consent thereto.

13.3. No failure or delay by Us in exercising any right, power or remedy under the Terms and Conditions or the Contract shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by Us of any of Your breach of any provision of these Terms and Conditions or the Contract shall be deemed to be a waiver of any subsequent breach of that or any other provision of the same.

13.4. The provisions contained in each clause of these Terms and Conditions shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. In the event any provision of the Terms and Conditions is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of these Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the Applicable Laws.

14. Languages

16.1. You agree that these Terms and Conditions and all related documents are prepared originally in English and may be translated into other languages. In the event of a dispute about the contents or interpretation of these Terms and Conditions and all related documents or inconsistencies or discrepancies between the English version and other language versions, the English version shall prevail.

15. Governing Laws and Jurisdiction

15.1. The Terms and Conditions of this Website shall be governed and interpreted by the laws of Hong Kong. You hereby irrevocably submit to the jurisdiction of the Hong Kong Courts in connection with any disputes arising from or in connection with these Terms and Conditions.

15.2. To such extent as permitted by Applicable Laws, You hereby waive the right to bring any claim and dispute against Us arising from or in connection with any aspect of the Website, Your Order or the Contract as a class, consolidated, representative, collective, or private attorney general action, or otherwise to participate the same regarding any claim and dispute that may be brought by anyone else.

15.3. To such extent as permitted by Applicable Laws, You also waive Your right to a jury trial with respect to all claims and issues arising from or in connection with any aspect of the Website, Your Order or the Contract, the breach thereof whether grounding in contract or tort and including any claim for fraudulent inducement or misrepresentation thereof.

15.4. The courts in some jurisdictions will not apply the laws of Hong Kong to some types of disputes. If You reside in one of those jurisdictions, then where the laws of Hong Kong are excluded from applying, Your local laws will apply to such disputes related to the Terms and Conditions. If the courts in Your jurisdiction will not permit You to consent to the jurisdiction and venue of the courts of Hong Kong, then Your local jurisdiction and venue will apply to such disputes related to the Terms and Conditions. Otherwise, all claims arising out of or relating to the Terms and Conditions must be commenced in Hong Kong courts and You consent to the jurisdiction of those courts.