Terms & Conditions
1.1 “Company” means Sau San Tong Medical Cosmetology Healthy Trim Institute Limited.
1.2 “Customer” means the member named in this Sales Contract, one of the Company’s customers.
1.3 “Deposit” means part payment(s) made by the Customer for the Goods and/or Services forming the subject of this Sales Contract.
1.4 “Free Programme” means any Service or any part thereof provided by the Company of which the Customer is entitled to free of charge (if any) upon the Customer fully performed and complied with the Terms and fully utilized and/or completed the Subscribed Programme, if any.
1.5 “Goods” means goods the Company agrees to sell and the Customer agrees to buy and pay for as particularized overleaf.
1.6 “Services” means services provided by the Company to the Customer including all services but not limited to programmes, treatments and/or therapies designed by the Company and any form of combination of them.
1.7 “Subscribed Programme” means any Service or any part thereof the Customer subscribes pays for and shall participate and/or take part in as particularized overleaf.
1.8 “Terms” means all the terms and conditions contained herein.
1.9 “Total Contract Sum” means the total amount in Hong Kong Dollars (the lawful currency of Hong Kong Special Administrative Region) the Customer is liable to pay for the Goods and/or Services forming the subject of this Sales Contract.
1.10 Unless the context otherwise requires words importing one gender include all other genders and words importing the singular include the plural and vice versa.
2.1 This Sales Contract contains the whole of the terms, conditions, representations and warranties between the Company and the Customer and it shall not be varied, cancelled, waived or amended except with the consent in writing of the Company.
2.2 The Customer acknowledges that the Company’s employee or agent has no right to make any representation, warranty or promise in relation to the Goods/Services or the sale of them other than as contained in these Terms.
3.1 Prices are determined at the time of this Sales Contract and prior to any payment made by the Customer under it and are subject to change without notice.
4.1 Payments of the Total Contract sum are to be made to the Company without any deduction, discount or setoff other than as stated in these Terms or overleaf.
4.2 All Goods purchased or ordered must be paid for in full at the time of the signing of this Sales Contract.
4.3 Deposit of not less than [40%] for the Subscribed Programme must be paid at the time of the signing of this Sales Contract.
4.4 The Total Contract Sum must be paid in full before the Customer is entitled to participate in any Subscribed Programme or Service .
4.5 In the event the Customer fails to pay the balance of the Total Contract Sum within 14 days after the payment of the Deposit, the Company shall be entitled to treat the Customer has, at his/her own choice, renounced to participate in the Subscribed Programme and the Company shall have the right to charge and the Customer is liable to pay HK$1,000.00 being the administrative fees for the processing of the matter. The Company shall be entitled to apply the Deposit for the satisfaction of the administrative fees and the balance of which, if any, shall be paid by the Customer forthwith.
4.6 Time for payment shall be of the essence of this Sales Contract. Without prejudice to any other rights of the Company if the Customer fails to pay the Total Contract Sum in full by due date, any discount given in this Sales Contract shall be immediately lapsed, terminated or forfeited. In such event, the Customer shall pay to the Company the listed prices of the Goods and Services as set out in the Company’s List of Prices without any deduction or discount.
- DELIVERY OF THE GOODS
5.1 In the event that the Customer fails to collected the Goods within  days, the Company may, at its own discretion, terminate the agreed sale of the Goods, forfeit the payments for the Goods and resell the Goods.
5.2 The Company reserves its right to supply/provide the Goods in whole or in parts/instalments, in such event, the Customer is not entitled to refuse to accept/collect or to take delivery of the Goods.
5.3 Dates quoted for supply/delivery of the Goods are approximate only and the Customer acknowledges that in the performance expected of the Company no regard has been made to any quoted delivery dates.
5.4 Any failure on the part of the Company to supply/provide the Goods in parts/instalments within any specified times does not entitle the Customer to repudiate this Sales Contract with regard to the remaining balance of the Goods and the Subscribed Programme(s).
- TITLE OF THE GOODS
6.1 Title of the Goods shall not pass to the Customer until the Company has received payment of the Goods in full.
6.2 Risks of loss or damage to the Goods shall pass to the Customer from the time when the Goods are collected by or in possession and custody of the Customer.
6.3 Until title of the Goods passes the Customer shall hold the Goods as bailee.
6.4 The Company shall be entitled to maintain an action for the price of any Goods notwithstanding that title in them has not been passed to the Customer.
- INSPECTION OF THE GOODS
7.1 Goods are deemed to have been accepted in good order and condition once the Customer collects or takes delivery of the same.
7.2 Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample. Any illustration figures and drawings contain in catalogues, brochures or elsewhere are merely intended to represent a general idea of the Goods and not form part of this Agreement or be treated as representation.
- DURATION OF THE SERVICES
8.1 This Sale Contract for the Subscribed Programme is valid for 3 calendar months.
8.2 The Customer acknowledges that the normal time period for the completion of the Subscribed Programme is 1 month and in no event such time shall be extended to more than 3 months.
8.3 The Company shall have the right to absolutely forfeit any unused contract sum should the Customer fail to attend any Subscribed and/or Free (if any) Programme(s) for a continuous period of more than 3 months from the date of this Sales Contract despite the Company’s arrangement.
8.4 In the event that the Customer fails and/or refuses to attend any Subscribed and/or Free (if any) Programme(s) for a continuous period of more than 3 months, the Customer agrees that the Company shall have the right to refuse to extend the Subscribed Programme period and/or provide further Service to the Customer and any unused contract sum shall be forfeited to the Company absolutely at the absolute discretion of the Company without assessing any reasons. Further, the Customer agrees that, in such event, the Free Programme shall also be absolutely lapsed terminated and forfeited.
8.5 The Customer further confirms and acknowledges that his/her failure to attend any Services provided by the Company or to fully or completely utilize the Services or its facilities within the Subscribed Programme period he/she shall not entitle to ask for any refund of payment(s) or any part thereof.
- CUSTOMER’S CONFIRMATIONS FOR THE ACCEPTANCE OF THE SERVICES
9.1 The Customer confirms that he/she is physically and medically fit to participate and/or take part in the Subscribed and/or Free (if any)Programmes.
9.2 The Customer further confirms that he/she has fully and frankly disclosed all the relevant information and/or materials concerning his/her health and medical history and conditions in the form attached hereto in order to enable the Company to design the appropriate treatment programme or services for him/her and the Customer understand that any incomplete disclosure or non-disclosure (either innocent or deliberate) concerning his/her health and medical conditions may cause serious consequences on him/her and may mislead the Company in its consideration in designing the appropriate treatment programme or services and the Customer accepts that in such event he/she is taking the treatment programme or services at his/her own risk and the Company shall not be held liable to any consequences or injury to person or health caused to him/her due to his/her incomplete disclosure or non-disclosure (either innocent or deliberate) of his/her health and medical conditions.
- CUSTOMER’S CONTINUING OBLIGATONS & WARRANTIES FOR THE SERVICES
10.1 The Customer undertakes and warrants that the Customer shall from time to time keep the Company fully informed and/or updated of any change in his/her health and/or medical history and conditions failing which the Customer shall be taking the treatment programme or services at his/her own risk and the Company shall not be held liable to any loss and/or damage arising out of and incidental to injury to person or health or otherwise that may cause to the Customer.
10.2 The Customer shall diligently follow and be abided by the schedule(s) and/or programme(s) designed for the Subscribed Programme and any amendment thereto due to the Customer’s failure to attend or as a result of any change and/or updated in his/her health or medical history and conditions.
10.3 The Customer undertakes and warrants that before or after the attendance of any appointment for the Subscribed and/or Free (if any) Programmes he/she shall not consume any alcohol or drugs.
- SERVICE OF THE SUBSCRIBED PROGRAMME
11.1 The Company shall have the sole discretion to appoint the handling/service personnel or consultant to conduct the Subscribed and/or Free (if any) Programmes and any matters ancillary thereto and the Company may alter such appointment without prior notice to the Customer .
11.2 The Company may alter the location for the provision of the Subscribed and/or Free (if any) Programmes and/or Services and its related facilities, the consultation time schedule(s) and the operating time schedules during which the Subscribed and/or Free (if any) Programmes and its related facilities and consultations may be used by the Customer and the Customer agrees that such alterations are at the sole discretion of the Company and the Customer shall not entitle to claim against the Company of whatsoever nature arising out of and incidental to such alterations.
11.3 Late arrivals will be charged in full for that appointment despite the reduction of time for that appointment or under the Subscribed and/or Free (if any) Programmes as a whole. Exceptions to this condition will not be accepted by the Company.
11.4 Cancellation of appointments or failure to turn up for an appointment will result in a full charge of such appointment as cancellation fee.
12.1 The Customer is not entitled to cancel any order of the Goods placed under this Sales Contract.
12.2 No order or subscription for the Subscribed Programme and/or Service may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being paid by the Customer, for all losses including loss of profits, a sum equal to [50%] of the Total Contract Sum as liquidated damages.
13.1 The Company shall have the full and absolute discretion and rights to terminate this Sales Contract at any time due to the Customer’s misconduct inside the Company’s premises. In that event, all Subscribed and/or Free (if any) Programmes either under this Sales Contracts or by other agreements shall be forfeited forthwith and the Customer shall not be entitled to any refund of any amounts already paid.
- LIMITED LIABILITY
14.1 The Company or its agent shall not be, nor shall any of its employees or agents be, held liable for any personal injury or damage to property or loss of property, whether arising out of and incidental to his/her attendance at the Company’s premises, his/her use of the facilities thereof or as a result of negligence on the part of the Company, its employees servants agents or otherwise.
14.2 The Company shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any expressed or implied warranty or condition of this Sales Contract or any negligence, breach of statutory or other duty on the part of the Company or in any other way out of or in connection with the performance or purported performance of or failure to perform this Sales Contract except in accordance with the Terms.
14.3 If the Customer establishes that any Goods have not been delivered, have been delivered damaged or are not of correct quantity the Company shall, at its option, replace with the goods which are missing, lost or damaged, or allow the Customer credit for the value.
14.4 In no circumstances shall the Company’s liability to the Customer under this Sales Contract exceeds the Total Contract Sum or the Amount of the Goods involved which ever is the lower.
14.5 No cause of action against the Company shall be brought or maintained with respect to any subject matter of this Sales Contract for negligence, strict liability or other legal or equitable liability or under any agreement after the expiration of 12 months from the date on which the cause of action accrued.
15 ENTIRE AGREEMENT
15.1 This Sales Contract supersedes all previous representations, understandings or agreements, oral or written, between the parties for the subject matter hereof and the Terms contains the entire understanding of the parties.
16.1 If any provision contained herein is held by the court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
- FORCE MAJEURE
17.1 The Company will not liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention of public authority, explosion or accident).
- NO ASSIGNMENT
18.1 The contract is personal to the Customer, neither this Sales Contract, nor any rights under it may be assigned or transferred by the Customer.
- WAIVER OF BREACH
19.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.
- LAW AND CONSTRUCTION
20.1 The Terms and this Sales Contract shall be governed by and construed according to the laws of the Hong Kong Special Administrative Region (“Hong Kong”) and the parties irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
20.2 The headings of the terms herein are for convenience of reference only and shall not affect their interpretation.