AUG 2024

Welcome to ofresh.com.hk. This website and domain name are owned and has the authority to operate by BCF International Ltd, Trading as OFRESH (‘OFRESH’) with Hong Kong Business Registration no: 35471656

Access to and use of this website and the products and services available through this website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Use”). By using the Services, you are agreeing to all the Terms of Use, which, together with the Privacy Policy, may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

1. Intellectual Property

1.1

  1. OFRESH and the OFRESH product Logo are trademarks of BCFI Ltd (“Trade Marks”). All materials on this website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owned and copyrighted by, or registered trademarks of or licensed to OFRESH. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with the prior written consent of OFRESH, or as permitted by law. All rights of OFRESH are reserved.
  2. Trademarks or any other intellectual property used on this website to describe or are otherwise attributed to third parties and their products are intellectual property of those third parties.

2. Linking and Third Party Content

  1. You must not link to, frame or mirror any part of the website without OFRESH written authorization.
  2. The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organizations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of OFRESH. OFRESH does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

3. Terms of Sale

  1. By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Delivery or Returns & Exchange pages for further information.
  2. In order to contract with OFRESH for any purchase in this website and registered to be one of the OFRESH account holder to enjoy the offer:
    1. you must either be over 18 years of age and possess a valid PayPal account or credit card issued by a bank acceptable to us.
    2. a corporation must have a valid Hong Kong Business Registration Number and nominates a representative or representatives who possess a valid PayPal account or credit card issued a bank acceptable to us. OFRESH retains the right to refuse any request made by the representative.
  3. You retain the responsibility to ensure compliance with the above and OFRESH absolves itself of any responsibility to ensure the same. OFRESH retains the right to refuse any request made by you if you fail to comply with any of the above
  4. You will need to register an account to use some of the Services available to you on the Site. In registering an account and in your use of the Site, you agree to (where necessary) provide information about yourself that is true, accurate, current, and complete in all respects. Please refer to our Privacy Policy for more information on how we use your personal data.

4. Our Contract

When you place an order, an acknowledgement e-mail confirming receipt of your order will be sent to the email provided by you. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your PayPal, credit card or debit card account.

5. Pricing and Availability

  1. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered, we will inform you of this as soon as possible using the contact details provided by you and give you the option of reconfirming your order at the correct price or cancelling it. If no response is provided by you within 14 days of provision of notice, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
  2. All prices will exclude delivery costs which will be charged on top of the product price; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. OFRESH provides no guarantee with respect to additional charges that may apply and imposed by third parties including but limited to bank fees, conversation fees, additional taxes or any other such charges validly applied to your purchase.
  3. OFRESH will ensure that all information displayed on its website is correct and accurate but cannot guarantee the possibility of genuine typographical errors or other errors or inaccuracies. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
  4. Please check the availability of the item you wish to purchase. All in stock items are promoted in good faith to be available at our warehouse at the time the order is received.

6. Product Descriptions

In describing the products available to purchase online, OFRESH attempts to be as accurate as possible. However, OFRESH does not warrant that product descriptions or other content of any OFRESH Services are accurate, complete, reliable, current, or error-free. If a product offered by OFRESH itself is not as described, your sole remedy is to return it in unused or/and unopened condition or as otherwise permitted by law.

7. Payment

  1. Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
  2. If you have registered an account on the Site and have decided to save your card details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorized access to any data you provide when using our Services.

8. Discount / Promo Offers

  1. We may from time to time offer promotional discount offers which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount offer will be specified at the time of issue.
  2. Eligibility may also be based on meeting a minimum spend requirement or being the account holder of OFRESH program. When entered on the shopping cart page, the appropriate discount is deducted from the cart total or an offer, that is, a free gift with purchase, is applied.
  3. In some cases the promotion will apply automatically, without the need for a promo or discount code to be entered. An example is free delivery for spending over a certain amount or offered to loyalty customers.
  4. Please note that some discount / promo offers may have restricted usage for a particular product, at specific time period and may not be combined with other promotions. OFRESH reserves the right to modify or cancel the discount / promo offers at any time at their discretion.
  5. Where a refund is issued on an order containing a discount or promo offer, the refund will match the amount tendered, net of the promo offer discount.
  6. Where “free delivery” is specified, the method of delivery will be at OFRESH’s absolute discretion.
  7. Notwithstanding the above, OFRESH solely retains the right to determine all terms and conditions with respect to promotions, discounts, special offers or any other form of alteration of the advertised price or purchase conditions of any products at any time without notice and will take all reasonable measures to communicate any such alteration via the website.

9. Returns, Refunds & Exchanges

  1. OFRESH offers a wide range of oral hygiene products and does not accept returned items due to hygienic reasons subject to its rights and responsibilities in accordance with any applicable legislation including but not limited to the HKSAR Consumer Law.
  2. You are entitled to a refund for items purchased from OFRESH only when the item is proved to be faulty or not of merchantable quality specifically if the item is:
    1. is faulty and the fault or defect was not pointed out to you prior to your purchase of the Goods or would not have been apparent to you when you inspected the Goods prior to purchase; or
    2. is not “merchantable quality”, which means it is not the quality you could reasonably have expected at the time of purchase.

To request a refund, please email OFRESH to info@ofresh.com.hk within 14 days of receipt of your order with the reason for the refund request, details of the defect, malfunction or other cause, and photos to prove it, if applicable. OFRESH will review and respond to the decision as soon as reasonably possible. If the refund request is confirmed, you should return the unopened refunded item within 7 days of notification, and OFRESH reserves the right to require you to prove that you did not cause or cause the item to malfunction.

OFRESH is not legally obliged to give refunds of the purchase price or gift cards on items or exchange them simply because you have changed your mind about the purchase.

10. Delivery

  1. Please take care to ensure accuracy when entering the delivery address for your order; especially where orders are addressed to a gift recipient. Unfortunately, we are unable to redirect parcels once they have left our fulfilment center. Where the shipping address differs from the billing address, please ensure permission is obtained for the disclosure of personal information under the Privacy Act for third party recipients. OFRESH cannot and does not accept responsibility for delay, loss, damage or other events that may occur because of action taken by third party recipients.
  2. Upon receiving an order with payment confirmation, OFRESH will try their best to dispatch the purchased items within -5 business days subject to the items ‘availability in its fulfilment center. Orders for out-of-stock items will be sent around 7 business days of their arrival at our fulfilment center from our suppliers.
  3. The Authority To Leave (“ATL”) service allows either our courier or Hong Kong Post Office to leave the parcel in a secure location if a signature cannot be obtained for delivery. Please note that the ATL service may not be available to buildings with a secure entrance. In this case, courier company will send the information to receiver, or a card will be left with instructions. We cannot accept responsibility for parcels lost or damaged where the item has been left in accordance with an ATL as requested.
  4. For delivery to company addresses or workplaces, the company name and floor/level must be included in the address details.

11. Your conduct

  1. You must not:
    1. use the website in breach of any applicable laws or regulations;
    2. use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
    3. interfere with, disrupt, or create an undue burden on the website;
    4. By any means copy, reproduce republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website
    5. upload, post, transmit or otherwise make available any material that:
      1. is not your original work, or which may infringe the intellectual property or other rights of another person;
      2. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
      3. includes an image or personal information of another person unless you have their consent;
      4.  you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
      5. contains large amounts of untargeted, unwanted or repetitive content; or
      6. contains financial, legal, medical or other professional advice.
    6. Interfere with any other persons use or enjoyment of the Website; and
    7. Use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such Content.
    8. If you believe that a user has breached any of the above conditions, please contact us.
    9. Any conduct done by you that infringes upon the above may result in cancellation of account or orders made by you at the discretion of OFRESH.
  2. OFRESH reserves the right to block or suspend any user of its website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without notice. Subject to the existing Laws and Regulations of the HKSAR, by uploading, transmitting, posting or otherwise making available any material via the website, you grant OFRESH a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights
  3. OFRESH is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person or entity other than OFRESH. OFRESH does not endorse any opinion, advice or statement made by any person or entity other than OFRESH.
  4. You agree to indemnify OFRESH and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of OFRESH in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms of Use, or any other default or wrongful conduct in relation to the subject matter of these Terms of Use, on the part of you or any of your Affiliates.

12. The HKSAR consumer protection law

Both parties agree to submit their rights, responsibilities and obligations within the jurisdiction of the HKSAR. OFRESH will ensure compliance with the consumer protection law of the HKSAR.

13. Warranties

OFRESH warrants that the operation, maintenance and content of the website is compliant within the governing law jurisdiction and that use of the website is optimized for use within that jurisdiction, subject to the provisions of the terms.

OFRESH warrants that the products available for purchase on the website are optimized for and suitable for purchase and use within Hong Kong according to HKSAR  laws and regulations including but not limited to the Hong Kong Consumer Protection Law.

OFRESH makes no warranties in relation to use or purchase of the products outside of the governing law jurisdiction or in relation to use not intended by the product manufacturer as set out in the literature provided with product.

14. Disclaimer

By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third-Party Content or Third-Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify OFRESH for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.

15. Risk of Loss

All items purchased from OFRESH are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

16. Your Account

If you use any OFRESH Services, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. OFRESH assures that it will take all reasonable measures to protect your privacy and apply appropriate levels of security to protect information provided to it by you.

17. Outages

OFRESH reserves the right to cease, interrupt or withdraw your access to the site for any reason, including without limitation, for upgrades and maintenance of the site.

18. Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at our PRIVACY POLICY page. The Terms of Use are subject to OFRESH’s Privacy Policy. By using the website, you agree to the Privacy Policy.

19. Jurisdiction

These terms and conditions are governed by the laws of HKSAR Hong Kong

20. Miscellaneous

If any of these terms are unenforceable or held to be invalid, the offending provision/s will be removed from these terms and the amended terms will remain in force. Any failure by OFRESH to act or enforce these Terms immediately will not be considered a waiver of OFRESH s right to take any such action.

21. Contact

The website and its contents are owned and operated by BCF International Ltd. If you have any queries regarding these terms and conditions, please contact us at info@ofresh.com.hk or whatspp +852 3106 8368