Terms Of Use


Swire Coca-Cola Limited T/A Swire Coca-Cola HK

Terms of Use for Website

1. Terms of Use
  1.1 Please read these Terms & Conditions carefully as they apply to your use of www.swirecocacolahk.com (Site). By
using this Site you agree to be bound by these Terms and Conditions.
  1.2 We technically operate the Site. However, we exercise no editorial control over some of the Content on the Site and in some cases other persons provide the Content on the Site or operate parts of the Site or other Internet sites you may view or access through the Site (Third Party Providers).
  1.3 We may revise these Terms & Conditions from time to time by updating this posting. The revised terms will take
effect when they are posted.
2. Registration
  2.1 You may be required to register with us in order to access certain parts of the Site (Sub-Portals). Where you are
required to register:
    2.1.1 you must provide us with accurate, complete and updated registration information;
    2.1.2 you must safeguard any user name and password which we provide to you; and
    2.1.3 you authorise us to assume that any person using the Site with your user name and password is either you or is
authorised to act for you.
  2.2 You acknowledge that your use of some Sub-Portals may be governed by additional Terms & Conditions. Where this is the case, you will be notified accordingly, and those additional Terms and Conditions:
    2.2.1 will apply to your use of such Sub-Portals in addition to these Terms & Conditions; and
    2.2.2 will prevail over these Terms & Conditions to the extent of any inconsistency.
3. Services
  3.1 You acknowledge that we may, in our sole discretion and with or without notice,
    3.1.1 vary the Site or any part of the Site (including any Sub-Portals for which you are required to register); and
    3.1.2 modify or discontinue this Site, any part of the Site and the services available on it.
4. Site Content
  4.1 “TASTE THE FEELING” “Coca-Cola”, 「可口可樂」, “Coke”, “Coke light”, “Coca-Cola light”, 「健怡可口可樂」, “Coca-Cola zero”,
「零系可口可樂」, “ZERO”, 「加系可口可樂」, “Coca-Cola Plus”, “Sprite”,「雪碧」 , “Sprite Plus” , 「加系雪碧」, “Fanta”, 「芬達」, “Bonaqua”,「飛雪」, “Minute Maid”, 「果粒橙」, “Hi-C”, 「陽光」, “Qoo”, “クー”,「酷兒」, the Qoo Character,「水動樂」, “Aquarius”, 「維加」,「零系水動樂」, “Aquarius Zero”, the Aquarius Zero device, “Toreta!”, 「多樂他!」, 「新細代水機」, the Mini Dispenser Device, “PlantBottle” , 「加水站」the Plant Bottle Device, 「植物樽」, 「淳。茶舍」,「雲抺」,“わんむつ”, 「一茶一味道」, 「消茶」,「極尚」, the Pinwheel Design, the Twist and Arrow Bottle Design, the Water Droplet and Wave Design, the Leaves and Bottle Design, the Twist Bottle with Plant Design, the Contour Bottle, the Contour Glass, are trademarks of The Coca-Cola Company.“HealthWorks”, 「健康工房」and the HealthWorks Logo are registered trademarks of The Coca-Cola Company for
ready-to-drink beverages.“Schweppes”, 「玉泉」, “Schweppes zero”, the Schweppes 1783 Pleasure of Mixing Device, the “Schweppes” +C with Lemon Device and the Fountain Design are registered trademarks of European Refreshments.“FUZE TEA”, and 「飛想」are registered trademarks of DP Beverages Limited.“Glaceau”, “Glaceau vitaminwater”, bottle and label designs are trademarks of Energy Brand Inc.“NESCAFE”, “NESTEA” and 「雀巢茶品」are registered trademarks of Société des Produits Nestlé S.A
  4.2 We maintain this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you
also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio and video, without Swire Coca-Cola HK’s written permission.
  4.3 The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of The Coca-Cola Company and others. Nothing contained on the Site should be construed
as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site
without the written permission of The Coca-Cola Company or such third party that may own the Trademarks displayed on
the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in
these Terms & Conditions, is strictly prohibited. You are also advised that The Coca-Cola Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
  4.4 Unless you are expressly authorised by law you must not yourself participate in, or permit any other person, to:
    4.4.1 sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or
    4.4.2 use any Content on any other Website or in a networked computer environment for any purpose; or
    4.4.3 reverse engineer any Content consisting of downloadable software; or
    4.4.4 otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content.
  4.5 Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights unless this is expressly stated.
5. Your Use of the Site
  5.1 You must not:
    5.1.1 disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
    5.1.2 violate any Applicable Law relating to your use of the Site; or
    5.1.3 collect or store personal data about other users of the Site.
6. Third Party Providers
  6.1 You acknowledge that:
    6.1.1 parts of the Site, and parts of the Content, are provided or maintained by Third Party Providers and not by us.
    6.1.2 Your correspondence or dealings with any Third Party Provider are solely between you and that Third Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as
the result of such dealings.
7. Links and Advertisements
  7.1 We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines).
  7.2 Some links which appear on the Site are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
  7.3 Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and such advertisers.
  7.4 We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.
8. Personal Data and Cookies
  8.1 In using the Site you may give us “personal data” as defined in the Personal Data Privacy Ordinance (Personal Data (Privacy) Ordinance). You have certain rights in this personal data. By using this Site you grant us the consent
to use your personal data in accordance with our Privacy Policy Statement.
  8.2 We use third-party advertising companies to serve ads on our Website and other websites. These companies may use
information (not including your name, address email address or telephone number) about your visits to this and other
websites in order to measure advertising effectiveness and to provide advertisements about goods and services of
interest to you.
  8.3 During your use of the Site, we may issue to and request from your computer blocks of data known as “cookies”. You
must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct
and accurate cookies in response to any relevant request from the Site.
9. The Use of the Site Is at Your Risk
  9.1 You use the Site at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on or via the Site is for information purposes only. You should seek your own independent advice with respect to any Content.
  9.2 We endeavor to provide a convenient and functional Site, but we do not guarantee that the Content will be error free or that the Site or the server that operates it is free of viruses or other harmful components.
  9.3 Although we will use reasonable endeavors to maintain the Content, we do not undertake to provide support or maintenance services for the Content.
  9.4 If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will
not be responsible for such costs.
  9.5 Without limiting the above provisions, everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all
representations and warranties to the fullest extent permissible under any Applicable Law.
  9.6 If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph 9.5 but allows limitations of a certain maximum extent then we limit our warranties to that extent.
10. Limitation of Liability
  10.1 We will accept no liability whatsoever for any direct, incidental, consequential or indirect damages, loss or corruption of data, profits, goodwill, bargain, opportunity, anticipated savings or any other loss resulting from your access to, reliance on, use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
  10.2 if a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (10.1) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
11. Cancellation
  11.1 Where you are required to register with us, you may cancel such registration at any time by notifying us in writing at: Swire Coca-Cola Limited T/A Swire Coca-Cola HK, At-Work
and Home Department, 17-19 Yuen Shun Circuit, Siu Lek Yuen,
Shatin, New Territories, Hong Kong.
  11.2 We may cancel your registration if you do not visit the Site for an extended period of time, or if we reasonably believe that you have violated any Applicable Laws, acted inconsistently with the letter or spirit of these Terms of Use, or have violated our rights or those of another party.
  11.3 The provisions of these Terms & Conditions entitled “Use of the Site is at Your Risk”, “Limitation of Liability,” and “General Provisions” will survive cancellation of your registration or termination of these Term of Use.
12 Notices
  12.1 We will give you any necessary notices by posting them on the Site. You agree:
    12.1.1 to check the Site for notices; and
    12.1.2 that you will be considered to have received a notice when it is made available to you by posting on the Site.
13. General Provisions
  13.1 If any part of these Terms of Use 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.
  13.2 These Terms of Use will be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction
of the courts of Hong Kong.
  13.3 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 the Site or the Content or your breach of these Terms of Use.
  13.4 The English version of these Terms & Conditions shall prevail over any Chinese version, which is provided for
information purposes only.
14. Definitions
  14.1 Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
    14.1.1 any law, rule or regulation of any country (or political sub-division of a country);
    14.1.2 any obligation under any license in any country (or political sub-division of a country); and
    14.1.3 any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of
a country).
  14.2 Content includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).
  14.3 Hong Kong means the Hong Kong Special Administrative Region of the People’s Republic of China.
  14.4 We or us means Swire Coca-Cola Limited T/A Swire Coca-Cola HK.

Terms and Conditions for Purchase of Goods

It is hereby agreed by and between the Customer and Swire
Coca-Cola Limited T/A Swire Coca-Cola HK (“Swire Coca-Cola
HK “) as follows:
1. Title
  1.1 The Customer expressly agrees that the title to the goods shall remain vested in us until we has received full payment of the purchase price and other charges under this Agreement.
  1.2 As long as the title to the goods remains with us, the Customer shall take all appropriate steps to notify third parties of our title to the goods.
2. Delivery
  2.1 Swire Coca-Cola HK shall provide delivery of the goods to all delivery addresses in Hong Kong Island, Kowloon and New
Territories on the terms set out in “Terms and Conditions for Purchase of Goods”.
  2.2 Delivery charges shall be levied to each invoice if the order is below the minimum ordering quantity, or if we agree to deliver to a delivery address which is inaccessible by elevator or is located in a remote area (in the opinion of Swire Coca-Cola HK) ,or if the delivery address is inaccessible by truck. Further details of our delivery charges and delivery terms and conditions,
including minimum ordering quantity for free delivery, are set out in our Customer Service Policy.
  2.3 Any time or date of delivery named by us is an estimate only, and we shall not be liable for the consequences of any delay whatsoever.
  2.4 The goods do not include the provision of consumables unless otherwise specified.
  2.5 Should the Customer requests the delivery of goods to be carried out outside our normal office hours, we shall be entitled to charge the Customer overtime charges.
  2.6 Delivery may be delayed if a typhoon signal No. 8 is hoisted or a black rain storm warning is in force.
  2.7 The Customer shall be responsible for the risk of any loss or damage to the goods from the moment the goods are delivered to the designated place of delivery.
  2.8 The Customer shall inspect the goods immediately on arrival at the place of delivery or as soon as possible afterwards and shall within seven days from date of delivery give notice in writing to us of any matter or thing by reason whereof it alleges that the goods are not in accordance with this Agreement or have been damaged during delivery.
If the Customer shall fail to give such notice the goods shall be deemed to be in all respects in accordance with this Agreement and the Customer shall be bound to accept and pay for the same accordingly.
  2.9 When you place an order you are making an offer to the merchandise you have specified at the price stated for those merchandise. You can no longer cancel the order 2 working days before delivery date.
  2.10 We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:a. details of what you have ordered,b. details of the price charged,c. information about the progress of your order, andd. estimated delivery information.
  2.11 We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without
limitation:a. no sufficient stock to deliver the merchandise you have ordered;b. no delivery can be arranged for your area; orc. one or more of the merchandise 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.
3. Warranty
  3.1 We expressly disclaim all warranties except for those implied by law.
4. Limitation of Liability
  4.1 To the extent permissible by law, our entire liability and responsibility by reason of any breach of implied warranty or failure or delay of the goods, whether such failure or delay shall arise from accident, defect in the goods, omission, default, negligence or other acts of our employee(s) or from any other cause, shall be limited to the cost of replacing or repairing the goods.
  4.2 Except as provided for in clause 4.1, and to the extent permissible by law, we shall not be subject to any
liability or responsibility for any cost, claim, damage or loss to the Customer or to any person, body of persons or
corporation resulting from any reason and cause whatsoever under this Agreement.
  4.3 In no event shall we be liable in contract, tort (including negligence or breach of statutory duty) or otherwise for any loss (whether direct or indirect) of revenue, loss of profits or any consequential loss whatsoever under this Agreement.
5. Applicable Law
  5.1 This Agreement shall be construed in accordance with the laws of Hong Kong and the Parties shall submit to the non-exclusive jurisdiction of the courts of Hong Kong in the event of dispute.
6. Force Majeure
  6.1 We shall not be liable for any loss or damage resulting from delay or failure to perform this Agreement either in whole or in part where such delay or failure shall be due to causes beyond our reasonable control, or which is not occasioned by our fault or negligence, including, but not limited to, war, the threat of imminent war, riots or other acts of civil disobedience, insurrection, acts of God, restraints imposed by government or any other supranational legal authority or industrial or trade disputes, fires, explosions, storms, floods, lightning, earthquakes, epidemics, pandemics and other natural calamities.
7. Notices
  7.1 Any notice to be given by us to the Customer may be delivered either personally, electronically, by post or facsimile to any address as notified by the Customer. Any such notice shall be deemed to have been received and given at the time when in the ordinary course of transmission it should have been delivered at the address to which it was sent.
8. Entire Understanding
  8.1 This Agreement embodies the entire understanding between the Parties relating to the goods and there are no promises, terms, conditions or obligations, oral or written, expressed or implied, other than those contained herein.
  8.2 No amendment or variation of any provision herein shall be effective unless it is in writing and signed by a duly authorised representative of Swire Coca-Cola HK.
9. Non-Waiver
  9.1 No failure or delay on the part of the Parties hereto to exercise any right, power or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise by either Party of any right, power or remedy. The rights, powers and remedies provided herein are cumulative and are not exclusive of any rights, powers or remedies by law.
10. Severability
  10.1 If any provision of this Agreement shall be construed to be illegal or invalid, they shall not affect the legality, validity and enforceability of the other provisions of this Agreement. The illegal or invalid provision shall be deleted from this Agreement and no longer incorporated herein but all other provisions of this Agreement shall remain in full force and effect.
11. General
  11.1 The English version of these Terms and Conditions shall prevail over any Chinese version, which is provided for information purposes only.
  11.2 We reserve the right to change these Terms and Conditions at any time.

Customer Service Policy

Payment Method
 
1. Packaged Product e-coupon, Carboy e-coupon &
Mini-Carboy e-coupon

·

  • e-coupons balance quantity are captured in our centralized computer system.
  • e-coupon balance can be checked via the following
    ways:

           visit www.swirecocacolahk.com; or

           e-coupon opening balance and transaction will be shown on delivery note; or call our customer service hotline 22103311

  • Ordered e-coupons will be delivered with the next delivery.
  • Each 11.3L/ 18.9L “Bonaqua”/ “Sensation” Carboy e-coupon can be used for ordering 1 bottle of 11.3L/18.9L “Bonaqua”/ “Sensation” Carboy.
  • Each Mini-Carboy e-coupon can be used for ordering 1 case (4 bottles) of 4.8L “Bonaqua” Mini-Carboy.
  • e-coupons are non-refundable, cannot be exchanged for cash or used in conjunction with other offers.
  • Expired e-coupons will not be accepted or re-issued, and will be deducted automatically from the e-coupon balance.
  • e-coupons are not transferable between office and household channels irrespective of the same customer name registration
  • e-coupons cannot be transferred to different users
  • e-coupons are used on a first-in-first-out basis.
  • E-coupon balance will be updated daily on www.bonaqua.com.hk. Updated transactions will be reflected on the website the next day after delivery is made.
  • “Bonaqua”/ “Sensation” Carboy & Mini-Carboy e-coupons expire in 2 years starting from the date of issue; Packaged Product e-coupons expire in 1 year.
 
2. Credit Card (Visa /Master card)
  • Customers must submit credit card and personal information after you have selected credit card payment during the order checkout.
  • The order needs to be made at least 2 working days before target delivery date.
  • Each transaction value must be no less than HK$200.
  • An order cannot be cancelled or changed once the online order is confirmed.
 
 
Delivery Service

Minimum order quantity for “Bonaqua” / “Sensation” Carboy per delivery

  • 2 bottles of “Bonaqua” / “Sensation” 18.9L Carboy
    or
  • 2 bottles of “Bonaqua” 11.3L Carboy or
  • 2 cases (8 bottles) of 4.8L “Bonaqua” Mini-Carboy

Minimum order quantity for Packaged Product per delivery

  • 2 cases of Packaged Product together with 1 bottle
    of “Bonaqua” / “Sensation” 11.3L / 18.9L Carboy or
  • 2 cases of Packaged Product together with 1 case (4
    bottles) of 4.8L “Bonaqua” Mini-Carboy or
  • Packaged Product order that is worth HK$200 or more

Free delivery service is only applicable to Hong Kong Island, Kowloon and New Territories and those buildings that are directly accessible by elevator.

Free delivery service is not available for customers residing on Outlying Islands, remote locations and inaccessible areas. Special delivery charge shall be levied if we agree to deliver to remote locations. Surcharge to be quoted for each invoice. The company
reserves the right to decide whether special delivery service could be arranged.

 
All sold items are non-returnable except items that are damaged during delivery. Customers can contact us within 7 working days to arrange product exchange.E-coupons are non-refundable if customer is relocated to remote locations or inaccessible areas or buildings
or floors not directly accessible by elevator.Delivery will be delayed if a typhoon signal No.8 is raised or a black rainstorm warning is in effect.Delivery service is only available in Hong Kong. There is no overseas delivery.You will become the owner of the merchandise you have ordered when they have been delivered to you. Once merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage. We cannot accept responsibility for goods left unattended at the customer’s request.Swire Coca-Cola HK reserves the right to request proof of new address in case of address change. We will deliver the merchandise 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 agree to present your photo identification upon request when you acknowledge receipt of the merchandise. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise 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
without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons.
 
Deposit

“Bonaqua” / “Sensation” Carboy plastic crate deposit is HK$80 per crate.

“Bonaqua” / “Sensation” Carboy bottle deposit is HK$50 per bottle, applicable to 11.3L or 18.9L Carboy bottles only.

Deposit for each returnable bottle and plastic crate is HK$1 and HK$6 respectively. Total deposit for the full case (24 bottles and a plastic crate) is therefore HK$30.

Bottle deposit must be settled by (i) Cash On Delivery, or (ii) a crossed cheque made payable to “Swire Coca-Cola HK”. Deposit is refundable upon return of empty bottles to Swire Coca-Cola HK.

No bottle deposit is required for “Bonaqua” Mini-Carboy

Service Plan
All Sanitation Programs and Service Plans will be effective from the date of order confirmation and will be valid for 1 year.
The Basic Protection Plan and Platinum Protection Plan cover repair and maintenance service (including parts and labour) only for mechanical and electrical defects arising from the normal usage of the product. They are not applicable to any damage due to normal wear and tear, accident, improper maintenance, misuse, unauthorized modification, improper voltage input, unauthorized repair or repair in any way by persons other than our technicians, or the use of other carboy products.
Swire Coca-Cola HK will not be liable for any direct, indirect, incidental, consequential damage/loss resulted from the usage of the product.
Swire Coca-Cola HK reserves the right to change the above Terms and Conditions without prior notice to customers.
Others
Pictures are for reference only, please refer to actual products.Swire Coca-Cola HK reserves the right to change any Terms and Conditions stipulated on this site.If the Customer incurs an overdue balance, Swire Coca-Cola HK reserves the right to stop supplying
products, terminate the sales agreement, and withhold any sum held by the company to offset the overdue balance.All prices are subject to change and are determined by delivery date and payment method.

Swire Coca-Cola Limited T/A Swire Coca-Cola HK

太古可口可樂有限公司

營業名稱為太古可口可樂香港