Terms and Conditions for Online Product Sales

Date of Last Update: May 2021 Welcome to the Diptyque Hong Kong website (the __""Site""__). By placing an order with Diptyque (as defined below)for products which are sold on the Site (__""Products""__) you will be deemed to have read, understood and agreed to these T&Cs (__""T&Cs""__). Please read these T&Cs carefully and, if you are unhappy with any aspect, you should contact one of our customer service advisors before placing an order with us. We amend these T&Cs from time to time. Please check the top of this page to see when these T&Cs were last updated. Every time you order Products from us, the T&Cs in force at the time of your order will apply to the contract between you and us. If we have to revise these T&Cs and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.

1. About Diptyque

This Site is operated in Hong Kong and all sales on the Site are made by Beautiful Tree (Hong Kong) Limited, a company incorporated in Hong Kong with company registration number 1087165 and whose registered office is located at Unit 03A-05A,25/f, the Centrium, 60 Wyndham Street, Central Hong Kong (__"Diptyque"__, __"we"__, __"us"__ or __"our"__).

2. Other Policies

"The following additional policies also form part of these T&Cs and should be read carefully before placing an order: • Privacy Policy; • Cookie Policy; • Website Terms of Use; • Returns Policy; • Candle Care Guideline . In particular when agreeing to these terms and conditions of sale you agree to: 1. the processing of your personal data in accordance with our Privacy Policy 2. the transfer of your personal data as described in our Privacy Policy In order to make a purchase through the Site or to use the services or features made available to you on the Site you will be required to register. When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number and e-mail address, which is true, accurate, current and complete in all respects. Should any of your registration information change in the future you are required to amend your personal online account immediately. We may change registration requirements from time to time. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with Hong Kong law. If you are under the age of 18 you may look at our Site but you may not purchase any Product without the consent of a parent.

3. Pricing Policy

We have taken great care in the preparation of the content of this Site, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the Products or the prices as advertised on this Site. All prices are displayed inclusive of applicable taxes and exclusive of delivery charges. The total cost of your order is the price of the Products ordered plus taxes at the current rate and plus the delivery charges as set out during the checkout process. We do not charge your credit or debit card until we dispatch your order. Items in your online Shopping Cart will reflect the most recent price displayed on the Product's detail page.

4. Availability

All Products are subject to availability. Validly stated prices on our Site remain in effect for so long as the Products are available or as otherwise stated on our Site. We will inform you as soon as possible if the Products you have ordered are not available.

5. Online ordering process

The ordering process consists of following steps: 1. you add the Products which you wish to purchase to your Shopping Cart; 2. you select your preferred delivery method; 3. you provide an address for delivery, a billing address, and any requested payment information; 4. you will be asked to read carefully and then accept the T&Cs; 5. before submitting your order you will have a final opportunity to review the Products to be purchased and their prices (including any additional charges and fees such as delivery costs) and all of the information you have submitted; and 6. you will click 'Continue' to finalise your order.

6. Ordering Errors

You are able to correct errors on your order up to the point at which you click on 'submit order' on the final page of our ordering process.

7. Acknowledgement And Acceptance Of Your Order

We will notify you by e-mail as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfil your order following this acknowledgement, we will contact you by e-mail or telephone advising you of this. We will confirm acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). A legally binding contract between us will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you) ("Contract"). If you require any information concerning your order please e-mail us at customercarehk@diptyqueparis.com quoting your order number. We may not accept your order if a Product you have ordered is out of stock, if we have identified a Product or pricing error, or if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.

8. Delivery

Deliveries can only be made within Hong Kong, however, delivery services are NOT available in the below areas: Hong Kong: Ma Wan, Chek Lap Kok(including Hong Kong International Airport), Hong Kong Disneyland Discovery Bay, Ngong Ping 360, Cheung Chau, Lantau Island, Mui Wo, Tai O, Peng Chau, Lamma Island Shenzhen Bay Port, Lok Ma Chau, Man Kam To, Sha Tau Kok, Lo Wu, Lok Ma Chau Spour Line Delivery fees of HK$30 apply for any order below HK$500: We will deliver the Products in accordance with the delivery option selected by you. Whenever referred to, business days exclude Saturday, Sunday and Hong Kong public holidays. Upon delivery of the Products to you, we will provide you with sufficient information to enable you to exercise your statutory right of cancellation and to address any intended cancellation to the correct addressee or to return or exchange your Products. We are not responsible for delivery delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

9. Inspection

You should inspect the Products upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us otherwise and return the Products in accordance with your cancellation rights or other statutory rights (as referred to below).

10. Payment

Payment can be made through any of the following methods: American Express, Mastercard, Visa, Apple Pay, WeChat Pay and Alipay HK. Payment will be debited and cleared from your account at the point at which your order is dispatched, with the exception of orders placed with WeChat Pay and Alipay HK, for which the amount is debited upon order confirmation. You confirm that the credit or debit card being used is yours. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to Diptyque, we will not be liable for any delay or non-delivery of Products. We retain the legal ownership of all Products until full payment has been made by you and received by us and legal ownership of the Products will immediately transfer back to us if we refund any payment for the Products to you. Risk in the Products transfers to you upon delivery. Please note that online purchases are not included in the VIP points collection programme. Please refer to our Privacy Policy for further information regarding secure payment and internet fraud.

11. Your Cancellation Rights

11.1 As you are a consumer, you have a legal right to cancel a Contract from the date of the Dispatch Confirmation until the date which is 7 business days after you receive the Products. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. 11.2 Your right to return goods does not apply to goods (i) made to your specification; or (ii) which have been clearly personalised; or (iii) which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or (iv) where sealed goods have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery. 11.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the Cancellation Form which can be accessed at the bottom of this section, or by e-mailing us at customercareHK@diptyqueparis.com. In any such e-mail or written communication, you must include details of your order, including your order number, to enable us to identify it. Your cancellation is effective from the date you send us the e-mail or post the letter to us. 11.4 If you cancel your Contract we will: (a) Refund you the price you paid for the Products. However, please note we are permitted by law to reject your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a store. If we refund you the price paid before we are able to inspect the goods and later discover that you have handled them in an unacceptable way, you will be liable to pay to us an appropriate amount. (b) Delivery cost of the original order will not be refunded. The cost of the pick-up service of returning goods will be borne by diptyque HK. (c) Make any refund due to you as soon as possible and in any event within 5 -10 business days after the day on which we receive the Products back from you. (d) Refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Products we may refund you in vouchers. (e) We are not able to satisfy requests for exchanges and we will refund you the cost of the Products. The original Contract between us will be cancelled. 11.5 If a Product has been dispatched to you or you have received it before you decide to cancel your Contract: (a) you must return it to us in its original packaging, unopened, without undue delay and in any event no later than 14 business days after the day on which you let us know that you wish to cancel the Contract; (b) Products should be handed to our courier service, Kerry Express, following the pick-up instructions they provide (c) We will not refund any delivery costs you have paid in accordance with our Refund Policy (d) if you cancel your order but do not return such goods to us within 14 business days of notifying us of cancellation, we shall be entitled to withhold payment of any refund.
Return Form

12. Your other statutory rights to return Products under applicable laws

12.1 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights (which are summarised in general terms below) are not affected by your right of return and refund in clause 12 (above) or anything else in these T&Cs. 12.2 Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following: (a) Up to 30 days: if your goods are faulty, then you are entitled to an immediate refund. (b) Up to 6 months: if your goods cannot be repaired or replaced, then you are entitled to a full refund in most cases. (c) After 6 months (depending on the type of Product): if your goods do not last a reasonable length of time then you may be entitled to some money back.

13. Our liability for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these T&Cs we will be responsible for loss or damage that you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (for example, if you discussed it with us during the sales process). 13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 13; and for defective Products. 13.3 We only supply Products for domestic and private use in reasonable quantities expected of a consumer and we do not make bulk sales. We do not sell more than 5 of the same item to any consumer and if you order more than this quantity in one order or in a series of orders we may request confirmation from you that you are a consumer rather than an un-authorised re-seller and we may refuse to accept your offer to purchase the Products ordered. You agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. Questions and complaints

If you have any questions about these T&Cs or if you wish to contact us to complain about any matter in regard to the Products, please e-mail us at customercareHK@diptyqueparis.com. If after contacting us and following our complaints procedure you still feel that your complaint has not been resolved satisfactorily, you may access the EU Commission's Online Dispute Resolution platform.
Online Dispute Resolution

15. Transfer of rights

We may transfer our rights and obligations under these T&Cs to another organisation and we will always notify you in writing if this happens (but this will not affect your rights or our obligations under these T&Cs). You may only transfer your rights or your obligations under these T&Cs to another person if we agree in writing.

16. Law, Jurisdiction And Language

This Site, any content contained herein and any contracts entered into as a result of usage of this Site are governed by Hong Kong law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Hong Kong. All contracts are concluded in English.