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Terms & Conditions

  1. Terms of Use

    The information contained within this document relates to the Phenomé Hong Kong online store located at www.phenome.hk, operated by Y Not Organic Ltd. and trading as Phenomé, hereinafter referred to as "Phenomé” or "Shop”.

    Phenomé is the trading name for Y Not Organic Ltd. (referred to in these terms and conditions as Phenomé).

    By accessing any area of www.phenome.hk you agree to be bound by these Terms of Use and the Phenomé Privacy Policy.

    All purchases of any Products by you from this website are subject to these Terms of Use and the Phenomé Privacy Policy in addition to the Terms of Trade.

  2. Disclaimer

    The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, Phenomé does not give any express or implied warranties and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, Phenomé does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose. Information on this website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided.

    In addition, to the fullest extent permitted by law, Phenomé does not warrant that the website itself is free from any computer viruses or other defects or that your access to the website will be continuous or uninterrupted. Phenomé accepts no liability arising from your access to this website.

  3. Limitation of Liability  

    Subject to the provisions of consumer protection legislation that cannot be excluded, Phenomé accepts no liability arising from the information on this website, or on websites linked from this website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, Phenomé will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website. Where conditions and warranties implied by law cannot be excluded, Phenomé limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.

  4. Intellectual Property

     Copyright 

    All content on this website, including text, graphics, logos, photographs, audio and video clips and data compilations is the property of Phenomé or its affiliates or its content suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Phenomé or its affiliates and is protected by international copyright laws.

    Trademarks 

    Phenomé and all related graphics, photographs, logos, and product and service names are trademarks (both registered and unregistered) of Phenomé or its affiliates. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without Phenomé's express prior written consent.

  5.  Third Party Websites

    Phenomé may include links on this website to websites owned by other parties. Phenomé is not in any way responsible for the material contained on these sites, nor is Phenomé responsible for the availability of these sites. Phenomé does not endorse and is not responsible or liable for any content, including advertising or products offered on these sites, nor is Phenomé responsible for any damage, offence or loss caused as the result of visiting these websites.

    Phenomé recommends that before you visit any website you check that your computer is running up-to-date virus checking software.

  6. Terms of Trade

    If you purchase any products via this website, you must agree to Phenomé's Terms of Trade (see Shipping and Returns).

  7. Privacy

    You agree that Phenomé may use Personal Data provided by you via this website in the manner described in PRIVACY POLICY

  8. Security

    Phenomé's credit card transactions are fulfilled by an authorized banking institution. Phenomé will not collect your credit card information. Our payment gateway provider will collect credit card information in an encrypted format via their secure server.

    Although Phenomé engages all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorised use of your account. You will need to register to use certain parts of this website. When registering, you will be required to nominate a username and password. You must keep this username and password safe and must not disclose this information to any third party. If you become aware of unauthorised use of your account, please notify us immediately.

  9. General

    Phenomé may vary these terms and conditions at any time by publishing a revised version of the terms and conditions on this website.

    The law applicable to this website is the law of the Hong Kong Special Administrative Region and the parties irrevocably submit to the exclusive jurisdiction of the Hong Kong Special Administrative Region, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Terms of Use.

    In case of dispute, the English language version of all Terms and Conditions shall precede the Chinese language version.

  10. Definitions:

    • BUSINESS DAY – any day from Monday to Friday, except for public holidays.
    • REGISTRATION FORM – the form available in the Online Shop that allows an Account to be created.
    • ORDER FORM – an Electronic Service, interactive form available in the Online Shop that allows for Orders to be submitted, in particular by adding Products to the electronic basket, and determining the conditions of the Contract of Sale, including payment and delivery methods.
    • CUSTOMER – (1) an individual with full legal capacity, and in the cases provided for by the generally applicable rules also an individual with limited legal capacity; (2) a legal person; or (3) an unincorporated organisational unit with legal capacity granted under a separate law, who has entered or intends to enter into a Contract of Sale with the Seller.
    • ACCOUNT – an Electronic Service, identified by an individual name (login) and password given by the Customer a collection of resources in the IT system of the Service Provider, which collects data provided by the Customer and the information about the orders placed by them in the Online Shop.
    • NEWSLETTER – an Electronic Service, the electronic distribution service provided by the Service Provider via e-mail which allows all Users to automatically receive from the Service Provider periodic contents of the subsequent issues of the newsletter with Product information, news and special offers available in the Online Shop.
    • PRODUCT – a movable property available in the Online Shop which is the subject of the Contract of Sale between the Customer and the Seller.
    • TERMS AND CONDITIONS or T&C – these terms and conditions for the Online Shop.
    • ONLINE SHOP - the online shop of the Service Provider, available at: www.phenome.eu.
    • SELLER; SERVICE PROVIDER – the limited liability company Y Not Organic Limited registered in Hong Kong
    • Contract of Sale – a contract to be concluded by and between the Customer and the Seller via the Online Shop.
    • ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Shop.
    • USER; YOU – (1) an individual with full legal capacity, and in the cases provided for by the generally applicable rules also an individual with limited legal capacity; (2) a legal person; or (3) an unincorporated organisational unit with legal capacity granted under a separate law, who uses or intends to use an Electronic Service.
    • ORDER - the statement of intent of the Customer made by filling out the Order Form and directly intended to conclude the Contract of Sale for the Product with the Seller.
  11. Electronic Services In The Online Shop

    1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.
      1.  Account – it is possible to use the Account once You complete two consecutive steps jointly – (1) fill in the Registration Form, (2) click the "Send" button. The User is required to provide in the Registration Form the following details of the User: name and surname, e-mail address and a password.

        The Account Electronic Service is provided free of charge for an indefinite period. It is possible for the User, at any time and without having to provide the reason for this, to remove the Account (cancel the Account) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: cs@phenome.eu

      2. Order Form – You start using the Order Form when You add the first Product to the electronic basket in the Online Shop. The Order is placed once You complete two consecutive steps jointly – (1) fill in the Order Form and (2) click "Confirm Purchase, with obligation to pay" after filling in the Order Form in the Online Shop. Up until then, it is possible for You to modify the entered details by yourself (in order to do so, follow the prompts and information available in the Online Shop). It is necessary for the Customer to provide the following details of the Customer in the Order Form: name and surname, address, email address, contact telephone number and information for the Contract of Sale: Product(s), quantity of the Product(s), place and method of delivery, method of payment. In case of Customers who are not consumers it is also necessary to provide the company name.

        The Order Form Electronic Service is provided free of charge and it is a one-off service. It terminates once the Order is placed with the use of the Order Form or once the Order is abandoned by the Customer before it is placed.

      3. Newsletter - You may also sign up for the newsletter by selecting the appropriate checkbox when You set up the Account. The signing up for the Newsletter is completed once the Account is created.

        The Newsletter Electronic Service is provided free of charge for an indefinite period. It is possible for the User, at any time and without having to provide the reason for this, to opt out of the Newsletter (cancel the Newsletter subscription) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: cs@phenome.eu

    2. Necessary technical requirements to be compatible with the IT system used by the Service Provider: (1) a PC, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox 17.0 or higher, Internet Explorer 10.0 or higher, Opera 12.0 or higher, Google Chrome 23.0 or higher; Safari 5.0 or higher, Microsoft Edge 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) have Cookies and Javascript support enabled in the web browser.
    3. The User is bound to use the Internet Shop in line with the law and in a decent manner, with respect for the personal rights and the copyrights and intellectual property rights of the Service Provider and third parties. The User is bound to enter true details. It is prohibited for the User to provide illegal information.
    4. Complaints procedure:
      1. You may file any complaints related to the Electronic Services provided by the Service Provider and any other complaints concerning operation of the Online Shop by e-mail to the address: cs@phenome.eu
      2. It is recommended that You provide the following details in the description of the complaint: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date of irregularities; (2) Your claims; and (3) the contact details of the claimant. This will facilitate and expedite the processing of the complaint by the Service Provider. The requirements listed in the previous sentence have only the form of recommendations and do not affect the effectiveness of a complaint made without the recommended description of the complaint.
  12. Conditions For Entering Into A Contract Of Sale

    1. The Contract of Sale is entered into by the Customer and the Seller once an Order is placed by the Customer using the Order Form in the Online Shop as prescribed in Section 11.1.2 of the T&C.
    2. The Product price displayed in the Online Shop is stated in Hong Kong Dollar. The Customer is informed about the total price and the delivery costs (including charges for shipping, delivery and postal services) and other costs, and if it is not possible to determine the amount of these costs, the Customer is informed of the obligation to pay them. This information is provided to the Customer in the Online Shop when the Order is placed, and also at the time when the Customer expresses their intent to be bound by the Contract of Sale.
    3. The procedure of entering into the Contract of Sale in the Online Shop using the Order Form
      1. The Contract of Sale is entered into by the Customer and the Seller once an Order is placed by the Customer in the Online Shop as prescribed in Section 11.1.2 of the T&C.
      2. Once the Order is placed, the Seller will forthwith confirm receipt of the Order, and accept the Order for completion. This is done by sending to the Customer an appropriate e-mail to the e-mail address provided by the Customer when placing the Order. The e-mail is to include at least the statement by the Seller that the Order was received and accepted for completion, and the confirmation of the Contract of Sale conclusion. The Contract of Sale between the Customer and the Seller is concluded once the Customer receives the said e-mail.
    4. The content of the Contract of Sale is fixed, secured and made available to the Customer by (1) providing access to these T&C on the site of the Online Shop, and (2) sending the e-mail referred to in Section 12.3.2 to the Customer. The content of the Contract of Sale is additionally saved and secured in the computer system of the Online Shop.