HONG KONG MTR DUTY FREE SHOPS – ONLINE PURCHASES AND HOME DELIVERY SERVICE

TERMS AND CONDITIONS

1.ABOUT THESE TERMS AND CONDITIONS

1.1 This Website and Home Delivery Service are provided by The Nuance Group (HK) Ltd

(“we/us/our”). We are a company registered in the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and our registered office is at China Life Centre Tower A – Room 701, One Harbourgate, No. 18 Hung Luen Road, Hunghom, Kowloon, Honk Kong, China with Company Registration number 0581846, registered in Hong Kong, and with contact email address: legal@dufry.com. When we refer to “you” and “your” we mean the user of our Website and/or Home Deliver Service.

1.2 These are the Terms which apply to your use of our Website and your use of the Home Delivery Service and by using our Website and/or the Home Delivery Service you agree to be bound by these Terms.If you do not agree to these Terms you must not use our Website or the Home Delivery Service. Please read these Terms carefully and make sure that you understand them before using the Website or our Home Delivery Service.

1.3 These Terms will apply to any contract between us which is formed when you access our Website and/or when you use the Home Delivery Service.

1.4 These Terms only apply to your viewing and use of this Website and the Home Delivery Service. If you use one of the links on this Website to visit one of our partner websites, then please note that when you’re viewing these websites, any purchases made through them will be subject to separate terms and conditions.

1.5 When the following words with capital letters are used in these Terms, this is what they mean:

Privacy Policy” our privacy policy, a copy of which is available at

https://hongkong.shopdutyfree.com/ ;

Products”any of the products featured on our Website or eligible for the Home Delivery Service;

Home Delivery Service ”the delivery of Products bought in-store at one ofourShopsoronourWebsitethatare delivered to an address in Hong Kong subject to these Terms;

Shops”the Dufry Hong Kong Duty Free shops at the New Departure Concourse and Near Arrival Concourse at the High Speed Rail Terminal at Hong Kong West Kowloon Station.

Terms”   thesetermsandconditionsandtheother documentsreferredtoinit,includingour Privacy Policy; and

Website”our website at https://hongkong.shopdutyfree.com/ ;

1.6 If you have any questions on these Terms or the Home Delivery Service please contact our Customer Support Team using the contact details in Clause 16 below.

1.7 When we use the words "writing" or "written" in these Terms, this will include e-mail correspondence unless stated otherwise.

1.8 These Terms are written in English. In case of any discrepancy between these Terms and other translated versions of these Terms, the English version shall prevail.

A.ONLINE ORDERS

2.ELIGIBILITY

If you wish to purchase any alcohol from the Website, you must be at or above the legal drinking age in Hong Kong on the date you place the order.

3.PRODUCTS

3.1 We currently only offers certain products from Beauty, Wines & Spirits, Fashion, Watches & Jewelry and Food & Gifts categories for online ordering. Spirits, tobacco and perishable foods are not eligible the Home Delivery Service.

3.2 The images of the Products and any packaging (if applicable) on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products and/or packaging. The Products may vary slightly from those images.

3.3 The packaging of the Products may vary from that shown on images on our Website.

3.4 We shall make every effort to ensure that prices, details and sizes of Products on our Website are up-to-date. Prices are subject to change without prior notice and all orders are subject to our acceptance at our sole discretion and stock availability.

3.5 We shall make every effort to ensure Products displayed on our Website are in stock. If from time to time any Products become out of stock, we reserve the right to offer alternative Products of similar value and style.

3.6 All Products shown on our site are subject to applicable duty free restrictions

The range of Products offered on our Website and in our Shops is subject to change without prior notice and we reserve the right from time to time, to withdraw or cease to make available any or all of the Products from our Website.

4.PLACEMENT OF ORDERS

(a) To add selected products to the shopping bag, click “Add to Bag” on the Item

Description Page.

(b) To purchase products in the shopping bag, place the order by creating an account (if you do not have one), or you may place the order as a guest user or through accounts you have registered and maintained with third party software providers (e.g. WeChat account).

(c) Before placing the order, fill in the following information under the mandatory fields:

(i)Full name, contact details and other information requested in the on- line form; and

(ii) Whether the Products will be picked up from the designated pick-up point at the Shops or delivered.

5.PAYMENT

5.1 Our Website accepts payment by designated credit cards, debit cards or other electronic means as specified by us. At present these include:

(a) Visa;

(b) Master Card; (c) AMEX; and (d) AliPay.

5.2 All product prices listed are in Hong Kong dollars. The prices listed in our Website may differ from the prices of the same products at our Shops. The applicable price shall be the price listed in our Website as at the date of purchase.

5.3 Any retail prices shown by the currency converter are for indication only, and are subject to change by us at our discretion based on prevailing foreign currency exchange rates with reference to market benchmark rates and/or sources. Depending on the payment method you choose to pay for the particular products on the Website, the actual amount charged or debited to you may differ from the retail prices shown by the currency converter on the Website.

5.4 Acceptance of orders is subject to our sole discretion. A final receipt will be issued to you when goods are delivered to your address, or goods are collected at our Shop (as the case may be).

6.NOTIFICATION FOR ORDERING

6.1  Placing an order means you agree to purchase products in accordance with these Terms.

After receiving your order, we will acknowledge receipt of your order. However, it is not an acceptance of your order. We reserve the right to reject any purchase order without giving any reasons. In the event that we are unable to accept your order (for example due to a payment issue), we will notify you by phone or email.

6.2 If your order is accepted by us, we will confirm with you accordingly and advise the date and time of delivery or availability for collection at the Shops.

6.3 For orders for pick-up at the Shops, orders can be cancelled at any time prior to the scheduled pick-up time. If you have not picked-up your order within 72 hours of the scheduled pick up time, you order will automatically be cancelled.

6.4 For orders scheduled for delivery, once such orders have been dispatched they can only be returned in accordance with these Terms and clause 12 (Returns/ Exchanges below).

7.PRIVACY PROTECTION

7.1 We are committed to safeguarding the privacy of individuals with respect to personal data. We therefore make sure that our policies and practices in relation to the collection, use, retention, transfer and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486) under the laws of Hong Kong. Please refer to our Privacy Policy.

7.2 Any personal information you supply to us when you use our Website will only be processed and used in accordance with our Privacy Policy. By using our Website you consenttosuchprocessing andtermsunless express consentis required under applicable law.

8.INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

All intellectual property and other proprietary rights in: (i) our Website and its content, and (ii) any trademarks, trade names, domain names and product names used in our Website, are owned and expressly reserved by either Dufry, its licensors or brand owners providing the Products. Any use of such rights without the prior express written consent of the The Nuance Group (HK) Limited or the relevant brand owners is strictly prohibited.

9.USE OF OUR WEBSITE

9.1 You are solely responsible for all activity while using our Website and for the security of your computing systems. You assume all liability for losses and damage incurred by us as a result of your activity on our Website, except where such losses are due to a third party who is not known to you who deliberately misuse your log-on details.

9.2 We reserve the right to terminate your Website account where you do not comply with these Terms or any applicable laws and regulations relating to the use of our Website. You may amend or cancel your Website registration at any time via the Website or by contacting our customer support team using the contact details in Clause 16 below.

9.3 You must not use the Website for any unlawful or fraudulent purposes.You must not misuse the Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.In particular, you must not access without authority, interfere with, damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or website owned or used by a third party. You must not attack the Website via a denial-of-service attack.

9.4 Subject to clause 8 (Intellectual Property and Proprietary Rights) above, you may not download, copy, use, make derivative use of, or exploit for commercial purposes any proprietary or other information or content on our Website, including, but not limited to, any images, pricing or descriptions of the Products or any brand trademarks, trade names or logos. This includes any copies or derivative created for the benefit of a third party. Use of data mining, robots or any other kind of data gathering and/or extraction tools is strictly prohibited.

9.5 Without prejudice to its other rights or remedies, we reserve the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of clauses 9.3 and 9.4, and to disclose such information to law enforcement agencies as we reasonably believe is necessary.

B. HOME DELIVERY SERVICE

10. DELIVERY

10.1Delivery is free of charge if your purchase is HK$1,000 or above (“Threshold”). A

delivery fee will be charged if your purchase is below the said Threshold.

10.2Delivery will be carried out by SF Express and shall be subject to  SF Expr es s’ s st andard

terms and conditions.

10.3Delivery service is only available at addresses located in Hong Kong Island, Kowloon, New Territories, Tung Chung, Discovery Bay and Ma Wan.

10.4You will own the goods from the point when (a) the goods have been dispatched from our warehouse/ Shops, or (b) payment is received in full, whichever is later. Risk will be on us until the goods are delivered to the designated address.

10.5In case of an event outside our control (see clause 15 (Events Outside our Control)), SF Express will contact the customer to retry delivery when available.

10.6All information provided for the Home Delivery Service must be accurate. If the Home Delivery Service incurs additional costs and expenses due to your failure to provide accurate information (e.g. wrong hotel, wrong check-in information), we may charge such costs and expenses to the customer.

11. NON-CONFORMING ORDERS

11.1We warrant that the products you order will conform to the description on the Item Description Page on our Website. We make no other representation and warranty about the Products, and disclaim all implied warranties to the fullest extent allowed by law.

11.2When you pick up your order at the designated in-store collection counter at the Shops or receive the Products by the Home Delivery Service, please confirm that the Products conform to your order. You will be asked to confirm in writing that the Products you pick up conform to your order and that the sale of the Products to you is completed upon delivery. If the type or number of Products does not match your order, we will attempt to locate the conforming Products in-store at the Shops. If we are unable to do so, your order will be cancelled. In that case, our sole obligation shall be to refund you via original payment method.

12. RETURNS / EXCHANGES

12.1Subject to these Terms, you are entitled to exchange products which are found to be damaged or not in good condition upon delivery. In such case, you can contact our Customer Service Team to make arrangement for exchange within  7 days of receipt. Otherwise under normal circumstances, we would not accept any request for exchange of Products.

12.2Products must be returned unopened.

12.3If we agree you are entitled to an exchange or return the Product delivered to you, you may drop off the entire package at the designated pick up point at the Shops or otherwise return the Product(s) by SF Express at your own cost. If we agree you are entitled to an exchange but the Product(s) to be exchanged are sold out, you may return such Product(s) to us and apply the amount paid to buy alternative Product(s).

12.4In exceptional case at our sole discretion, we will refund the amount paid to your original payment means (takes about 4-6 weeks).

12.5Original sales receipt or relevant electronic receipt must be produced to us for the request of a Product exchange.

12.6All gift items must be returned together with the returned Products. Otherwise the retail value of the gift item would be deducted from the refund.

13. CHANGES TO THESE TERMS AND CONDITIONS

13.1We reserve the right to amend these Terms from time to time. Any such changes will take effect when posted on our Website. Notwithstanding the above, any material changes to these Terms will be communicated to you and will need to be expressly accepted by you.

13.2Every time you make an online order with us, the Terms in force at that time will apply to the contract between you and us.

13.3Your continued use of our Website shall signify your acceptance to be bound by the latest Terms.

14. LIMITATIONS ON WARRANTIES AND LIABILITY

14.1Subject to clause 14.4, we will use reasonable endeavours to verify the accuracy of any information on the Website but we make no representation or warranty of any kind, express or implied, statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability and of the Website. To the fullest extent permitted by applicable law, we will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability for any kind of loss or damage from action taken in reliance on material or information contained on the Website.

14.2If we fail to comply with these Terms, we are responsible for any direct loss or damage you suffer that is a foreseeable result of our breach of these Terms. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract between you and us. To the fullest extent permitted by applicable law, we will not be liable to you for any other damages of any kind, including indirect, special, consequential or incidental damages or other damages arising directly or indirectly from your use of (or your inability to use) the Website or of the Home Delivery Service.

14.3We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.4We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence; and

(b) fraud or fraudulent misrepresentation.

15. EVENTS OUTSIDE OUR CONTROL

15.1To the fullest extent permitted by applicable law, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.

15.2An Event Outside Our Control means for the purpose of this clause any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, supplier default or delay, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, Typhoon, flood, earthquake, subsidence,epidemicorothernaturaldisaster,orfailureofpublicorprivate telecommunications networks.

15.3If an Event Outside Our Control takes place that affects the performance of our obligations under a contract between you and us, we will notify you as soon as reasonably possible.

16. HOW TO CONTACT US

If you have any questions about your reservation you can refer to your account or order details, refer to the FAQ pages, or for any concerns, please contact our Customer SupportTeam.Youcancontactourcustomersupportteambye-mailat wek.customerservice@hk.dufry.comorbyletteraddressedtoHongKongWest Kowloon Station 3 Austin Road West Tsim Sha Tsui Kowloon, Hong Kong.

17. FEEDBACK

17.1We welcome your comments and feedback regarding our Website, our services and our Product reviews. By submitting information in this way, you are expressly granting us an irrevocable and unrestricted licence to use, modify, reproduce, display and distribute such information for any purpose whatsoever at our sole discretion. You also waive any and all moral rights in such information. Unless required by law, we will not obtain your prior written consent to attribute such information to you.

18. OTHER IMPORTANT TERMS

18.1We may at our sole discretion transfer our rights and obligations under these Terms to another organisation.

18.2Any contract concluded pursuant to these Terms is made between you and us. No other person shall have any rights to enforce any of its terms.

18.3Each of the paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.4If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.5The Terms, as amended from time to time, constitute the entire agreement between you and us regarding your rights and obligations in respect to your access to our Website and use of Reserve and Collect services we may provide you.

18.6These Terms are governed by the laws of Hong Kong. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Hong Kong over any claim or matter (including any non-contractual claim) arising under or in connection with these Terms.

Dufry 2019

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