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Terms & Conditions

General Terms and Conditions

We are NiDouMai (PEAR) Limited (collectively referred to as "we", "the company" or "NiDouMai") and we own and operate the site www.nidoumai.com and http://www.nidoumai.hk(collectively referred to as "our site" or "NiDouMai.com"). Our site offers a convenient way to shop online over the Internet, including by using our applications and also provides one-stop home delivery services (referred to as "services").

Please read the following terms and conditions carefully before using our site. By using our site or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.

Registration

You are required to register with us when you use the services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.

Where you are required to register, you must:

i) provide us with accurate, complete and updated registration information;

ii) safeguard your user name and password; and

iii) authorize us to assume that any person using our site with your user name and password is either you or is authorized to act for you.

You must inform us immediately of any changes to the information that you provided so that we can communicate with you effectively.

In the event that we have reasonable suspicion that any information and material supplied by you to us for registration is untrue, inaccurate, outdated or incomplete and etc., we have absolute discretion to cancel any order made by you and/or terminate/cancel your registration with us and in such circumstances, you hereby agree not to raise any claim against us for whatsoever compensation and reliefs.

Order

When you place an order, the prices charged are those applicable on the day you order.

All products of NiDouMai.com are listed in Hong Kong Dollars.

System will generate a SMS to the mobile number or an email to the email address registered by customer to confirm that we have received your order. Such confirmation does not constitute a promise of delivery of order items.

We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:

• no sufficient stock to deliver the products you have ordered;
• no delivery can be arranged for your area; or
• one or more of the products you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.

Under the above circumstances, you can cancel the order 24 hours before delivery starts. The cancellation is valid upon our confirmation of your request.

Payment

The company (We) accept VISA, MasterCard, UnionPay, AlipayHK, WeChat Pay, Faster Payment, PayMe and Octopus; Orders will be charged in Hong Kong dollars.

We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.

We do not collect or keep your credit card information. If you choose to save your credit card information for express checkout, you agree and accept that the information will be encrypted and stored by the third party payment service providers.

For orders paid by VISA, MasterCard, UnionPay, AlipayHK, WeChat Pay, Faster Payment, PayMe, and Octopus, the upper limit of each purchase at NiDouMai is HK$10,000. For orders paid by Octopus, the upper daily limit of online purchase is HK$1,000.

*You may be subject to certain limits in relation to your daily transaction limit for your Faster Payment System

If the order is cancelled by us for any reason, if you have already made any payment, we will credit the equivalent amount of PEAR-Dollar into your NiDouMai account or return by Bank Transfer.

The company reserves the right to change the payment terms for any order without prior notice.

Products and prices displayed on our site are for reference only and are subject to alteration or modification at the time of actual transaction.

Delivery

All orders above HK$499.00 are eligible for our free home delivery service. Orders above HK#50.00 are eligible for free self pick-up

Orders below the above stated amounts are subjected to delivery surcharges, HK$80 for delivery

*Order amounts before the application of promotional codes are considered; each order can only be delivered to one destination / pick-up location.

Delivery services shall delay when typhoon signal, a red or black rainstorm warning is hoisted; or such other weather conditions whereby delivery is considered unsafe. In this event, you will be contacted to re-schedule delivery time.

We currently provide specific delivery time slots to the following areas (except public holidays): (i) Ma Wan, (ii) Discovery Bay, (iii) Tung Chung, (iv) Airport.

(i) Specific delivery time slots for Ma Wan: Every Tuesday, Saturday (12:00 – 16:00),

(ii) Specific delivery time slots for Discovery Bay: Every Tuesday, Saturday (12:00 – 16:00),

(iii) Specific delivery time slots for Tung Chung: Every Tuesday, Saturday (16:00 – 22:30), and

(iv) Specific delivery time slots for Airport: Every Thursday (10:00 – 14:30).

We currently do not make deliveries to the following areas: outlying islands, including AsiaWorld Expo, Disneyland, Lamma Island, Cheung Chau and Peng Chau (except Ma Wan, Discovery Bay, Tung Chung and Airport), and (2) restricted districts and areas that vans cannot access.

We will deliver the products ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. You shall accept the products yourself (except where you have specifically instructed us to leave your delivery outside the door or at the concourse – missing delivery under such circumstances shall be at your own risk) when the products are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order in the event of your failure to accept delivery for whatever reasons.

It is the responsibility of you to inform NiDouMai within 24 hours before delivery starts of any change to your delivery address or preferred delivery time slot after placing order.

You will become the owner of the product(s) you have ordered when they have been delivered to you. Once product(s) has been delivered to you, they will be held at your own risk and we will not be liable for the loss or damage.

If the order contains intoxicating liquor, the recipient of the order must be aged 18 or above.

Refund & Replacement

You are advised to carefully read our policy for the refund and replacement policy of the products supplied by us before you make any order from us.

If you find that the products delivered to you are damaged, incorrect, insufficient or having quality problems and etc. after receiving, and the expiry date is in less than 30 days (excluding items mentioned short shelf life and special discounted items that have been specially marked for short-term), you have to lodge your application for replacement to us within seven (7) days from the date of the receipt of the products and you also have to meet the following prerequisite conditions namely: -

(a) all valid supporting evidence to prove your request for replacement of the products;

(b) all valid supporting documents to prove that the product(s) in problem is/are purchased from NiDouMai.com;

(c) immediately sending the photos/videos of the product(s) in problem to us as an evidential proof through email(s) or instantaneous communication software; like WeChat or Whatsapp

(d) all product(s) in problem for replacement must be in its original state and not used; and

(e) all components and parts of the product(s) in problem including but not limited to its user menu, certificates, labels, marks, materials, packing bags and boxes for replacement must be returned to us.

After you duly comply with the requirements stipulated in above 5.2 to our satisfaction, we shall arrange the replacement of equivalent product(s) within 7 days after our approval. If the relevant product(s) subject to replacement is/are out of stock and we have already credited the amount of the relevant products from your account, we shall then arrange the refund through crediting the same to your account of payment.

Process Refund:

(a) all refund will be credited in PEAR-Dollar (dollar amount equivalent) into your NiDouMai account by default;

(b) if refund amount exceeds billing amount, the excess will be refunded in form of PEAR-Dollar; or

(c) alternatively, you may request for refund in ways listed below but subject to our approval.

Force Majeure

If the performance by NiDouMai of its obligations relating to the services it supplies on this site is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, 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 NiDouMai), NiDouMai shall be excused from such performance to the extent of such prevention.

Disclaimer

The company and its employees, contractors and any third party provider (collectively "NiDouMai") make no representation or warranty in relation to:

i)                    the completeness, quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, NiDouMai.com or the information (the “Information”) stored on or receivable through this or any other NiDouMai.com server;

ii)                   any goods or services accessed, offered or obtained through NiDouMai.com or pursuant to the Information;

iii)                 the access to NiDouMai.com or the Information will be uninterrupted or does not contain any viruses, or contaminating or destructive properties.

You shall not rely on the Information. NiDouMai shall not be liable for any damages, loss, costs or expenses arises, directly or indirectly, from your reliance or use (whether authorized or not) of the Information or this website.

Warranties

You undertake that you will not use our site to:

1. upload, post, email, offer or otherwise transmit any contents in respect of which you have no right (either proprietary, contractual, or fiduciary) to transmit or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or otherwise objectionable;

2. impersonate any person or entity by way of transmitting any forged or manipulated contents through the use of any services.

3. upload, post, email, offer or otherwise transmit any contents that infringe any proprietary rights or intellectual property rights including, without limitation, patent, trademark, trade secret, copyright of any party;

4. upload, post, email, offer or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except such advertisements or promotional materials expressly authorized by us in writing;

5. upload, post, email or otherwise transmit any contents that contain software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of our site and/or computer software or hardware or telecommunications equipment constituting them;

6. interfere with or disrupt the services or servers or networks through which the services are provided, or disobey any requirements, procedures, policies or regulations of such networks;

7. collect or store personally identifiable information about other users.

You acknowledge that our site does not have any obligation to pre-screen contents, but our site has the right (but not the obligation) in its sole discretion to refuse or remove any contents that is available via the services. Without limiting the said right, our site has the right to remove any contents that, in its opinion, violate the T&C or are otherwise, in its opinion, objectionable.

User Generated Content

When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our site (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this paragraph include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.

You represent, warrant and covenant that: -

(a) you have the legal right and authority to grant the licence under the above paragraph 1 above;

(b) you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence under the above paragraph 1;

(c) by exercising the licence under the above paragraph 1, we shall not infringe the intellectual property rights or other rights of any third party;

(d) to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence under above paragraph 1;

(e) the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our site; and

(f) at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.

Linked Websites

Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.

Intellectual Property

All intellectual property rights in the content, user content, design, text, graphics and other materials on our site, and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any unauthorized use without our prior written permission is strictly prohibited.

All trademarks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

General

We may revise these terms and conditions at any time without prior notice. If any dispute arises, the company’s determination shall be final.

Where these terms and conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

We take privacy issues seriously. Our privacy policy covers our use of any information you provide. In using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.

We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.

You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.

These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.

These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts. If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible, and the remainder will remain in full force and effect.

You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of our site or the content or your breach of this agreement.

Whenever necessary, $0.5 per each plastic shopping bag each will be charged in accordance with the Hong Kong regulation.

Terms and Conditions for PEAR-Dollar

PEAR-Dollar refers to all rebate/refund when customers shop at NiDouMai, and is equivalent to the same face value of Hong Kong Dollar.

When checkout, equivalent amount of PEAR-Dollar is directly deducted from the total purchase amount.

You can redeem up to a maximum of 50% of cart total per transaction.

PEAR-Dollar is valid for 1 year from the PEAR-Dollar credit date. For any account did not make any purchase in the last 12 months, NiDouMai reserves the right to cancel all PEAR-Dollar accumulated without prior notice.

PEAR-Dollar is neither transferable nor redeemable for cash.

Redemption of PEAR-Dollar will be subject to independent promotional campaigns. In regard to details of PEAR-Dollar's use together with other promotional offers, please refer to the corresponding Terms & Conditions of the campaign.

Categorization of Commercial & Non-commercial area

Commercial and Industrial Address (Based on Delivery Partner's information)

1. HK Island: Sai Wan to Chai Wan, Wong Chuk Hang Industrial Estate, Aberdeen (excluding Southern HK Island), Tin Wan, A Kung Ngam

2. Kowloon: Lai Chi Kok, Cheung Sha Wan, Tai Kok Tsui, Sham Shui Po, Prince Edward, Mong Kok, Yau Ma Tei, Jordan, Tsim Sha Tsui, Kowloon Tong (including Festival Walk & HKPC Bldg), San Po Kong, Ngau Tau Kok, Kowloon Bay, Kwun Tong, Yau Tong Industrial Estate, Tseung Kwan O Industrial Estate (excluding Sai Kung), To Kwa Wan, Hung Hom, Whampoa The Harbourfront (18-22 Tak Fung Street)

3. New Territories: Tsuen Wan, Tsing Yi Industrial Estate (excluding Sai Tso Wan Road) , Kwai Chung, Tai Wai, Sha Tin (excluding Ma On Shan), Fo Tan, Fanling, TaiPo Industrial Estate (including Tai Ping Industrial Centre), Fanling Industrial Area, Sheung Shui Industrial Area (Including malls around Sheung Shui MTR Station), Yuen Long Industrial Area (including Yuen Long Wang Chau Industrial Estate), Tseung Kwan O Industrial Estate, Terminals 1-4

Non-Commercial Address

1. Location: Kowloon Station (Elements & ICC), Kwun Tong (excluding Yue Man Sq), Kowloon Tong, Kowloon City, Mei Foo, Tsing Yi, Tseung Kwan O, Ma On Shan, Sha Tin, Fo Tan, Heng Fa Chuen, Smithfield Road (Street No. 12 onwards), Victoria Road, Ngong Shuen Chau, Happy Valley, Central Pier 3, Hong Kong Science Park, Terminals 6-8, Ma Wan

2. Type of Building: Residence, Shopping Mall, G/F store, Market, Government & Public Organization (Department of Health, Hospital Authority, Hospital, Fire Services Department, Police Station, Electrical & Mechanical Services Department, Marine Department, Libraries etc.) and Education Institutes (Universities, secondary schools, primary schools, kindergartens, etc.), Hotel, etc.

Terms and Conditions for Promotions

The promotional code or coupon, which we provide, is only applicable to one-time shopping through our website and they are also subject to the terms and conditions stipulated therefor.

The cash rebate offered by partner stores cannot be applied together with other promotions*.

*Promotions refer to the offers under promotion code and NiDouMai VIP offer.

NiDouMai VIP offer cannot be applied together with the offers under promotion code.

Promotion for New Customers: New customers must fulfill the condition that customer cannot use the same phone number nor delivery address for registration and successful purchase before. When duplicated phone number or delivery address is found in database upon a new registered account, the discount will be suspended, and customer is requested to return used discount amount by all means.

NiDouMai also reserves the right to cancel the order without prior notice.