This site (newyaohan.com) ("this site" or "New Yaohan eStore") is owned and operated by Panda Sociedade de Gestão de InvestimentosLimitada ("New Yaohan") for customers using its online shopping services.
If you intend to use this site, please read these Terms and Conditions carefully before using the site. By using this site or any part of it, you agree that you have read these Terms and Conditions and that you accept and agree to be bound by them.
1. GENERAL
1.1 In these Terms and Conditions the following definitions shall apply:
a. "Customer" shall mean you.
b. "Intellectual Property" shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, trademark, database or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof.
c. "Content" means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to this site.
d. "Legal Notice and Disclaimer" shall mean the legal notice and disclaimer applicable to this site in these Terms and Conditions.
e. "Login" shall mean a Customer's personal username and password for access to this site under that Customer's registration.
f. "Privacy Policy" shall mean New Yaohan's policy regarding personal data collected in connection with this site.
g. "Price(s)" shall mean the price(s) of Product(s) on the day of order.
h. "Product(s)" shall mean the product(s) for sale on this site.
i. "New Yaohan" shall mean Panda Sociedade de Gestão de InvestimentosLimitada, the owner and operator of this site.
j. "New Yaohan eStore" shall mean this site and the medium by which Products are offered for sale by Panda Sociedade de Gestão de InvestimentosLimitada to the Customer.
k. "New YaohaneStore Member" means a member of the New Yaohan eStoreProgramme.
l. "we" and "us" mean New Yaohan, and "you" means you as the Customer.
1.2 All Products sold by New Yaohan through this site are subject to these Terms and Conditions. By submitting your order for processing at this site, you confirm that you have read, understood and agreed to these Terms and Conditions prevalent at the time when your order is submitted for processing.
1.3 These Terms and Conditions incorporate the Disclaimer and Privacy Policy Statement and these documents shall prevail over any other document including any of our store policies purporting to have contractual effect.
1.4 The Customer is required to register as a New Yaohan eStore Member and agree to provide complete and updated information for registration on this site before placing an order.
1.5 New Yaohan eStoreProgramme Terms and Conditions apply to all orders made via this site and New Yaohan eStore Member registered via this site. Customer should read and understand the New Yaohan eStoreProgramme Terms and Conditions and agree to be bound by them.
1.6 New Yaohan has absolute discretion to refuse registration of any person as a New Yaohan eStore Member and to terminate the registration of any Customer for any reason whatsoever.
1.7 The Customer agrees to accept responsibility for all activities that occur under the use of the site including but not limited to paying for every order made under his/her Login and agrees to indemnify New Yaohan for any and all claims, losses and damages whatsoever arising from or in relation to the action(s) of any person placing any order for the Product(s) or conducting any activities using the Customer's Login. The Customer shall be responsible for updating his/her registration information. The Customer shall be responsible for notifying his/her bank of any changes to his/her record, or losses, theft or unauthorised use of his/her credit card.
1.8 New Yaohan shall make every effort to fulfil orders placed by the Customer through New Yaohan eStore, but shall not be liable to any person if New Yaohan eStore shall decline or become unable to fulfil an order for whatever reason, including but not limited to: supply shortage, supply modification, product withdrawal, our identification of a pricing or product description error, our inability to obtain authorization for payment or your failure to meet the eligibility criteria to purchase a relevant Product.
1.9 Notwithstanding clause 1.8, New Yaohan reserves the right to decline any order it may, in its sole discretion, consider unreliable for credit reason or otherwise.
1.10 Access to this site is gained through the use of a personal password. New Yaohan shall not be responsible for any offline password management and the Customer shall ensure that his/her password is kept strictly confidential to prevent unauthorised usage. New Yaohan shall use its best endeavours to prevent any unauthorised access to this site. However, New Yaohan shall not be liable for any and all losses or damages whatsoever if any third party gains unauthorised access to this site using the Customer's Login information.
1.11 Products and Prices displayed on this site are for reference only and are subject to alteration or modification at the time of payment.
1.12 All in-store promotion at New Yaohan Store is not applicable to any purchase at this site.
2. PRICE
2.1 New Yaohan shall make every effort to ensure that the prices, details and sizes of Products detailed on this site are up-to-date; however, New Yaohan reserves the right to modify the prices and other details of the Products without prior notice to the Customer.
2.2 The Prices advertised on this site are for online purchase only. Prices for some Products may differ from those charged at the New Yaohan store. The prices of certain Products are subject to daily fluctuation and are offered for guidance only.
2.3 Not all actual Product sizes will correspond exactly to the descriptions offered online. New Yaohan reserves the right to provide the Products at their nearest Product sizes as described at this site at the nearest prices.
2.4 New Yaohan may set credit limits for any Customer and/or limit sales to any Customer from time to time and at its absolute discretion.
2.5 The default currency in New Yaohan eStore is MOP. All the prices shown at New Yaohan eStore in all other currencies are for reference only.
3. PAYMENT
3.1 This site only accepts payments made by Visa, MasterCard, UnionPay, BOC Pay, Alipay, WeChat Pay and MPay. When the Customer places an order, he/she authorises New Yaohan to debit the credit card/account specified on the order for the amount of the order (or shown in New Yaohan’s final bill) at the time New Yaohan sends the acceptance of order. Title in the merchandise does not pass to the Customer until payment has been fully received, and risk in all aspects shall pass to the Customer upon delivery or pick-up (as the case may be)
3.2 New Yaohan may change at any time the method by which payments for New Yaohan eStore may be effected and such changes may be notified by notice shown on this site.
4. DELIVERY
4.1 New Yaohan shall use its reasonable endeavours to deliver Products to the delivery address specified on the order confirmation email within the time slots selected by the Customer, but New Yaohan shall not be liable for any delay, change of delivery time or non-delivery for causes beyond its control.
4.2 New Yaohan shall deliver Products according to the items included in "My Shopping Cart" ("the shopping cart"). The Customer shall include all purchase items (i.e. including free gifts and redemption items) in the shopping cart. The Customer shall not be entitled to delivery of any items which are not in the shopping cart.
4.3 One-time free delivery is available for each order that satisfy the designated net purchase amount for a single delivery location only. Please refer to the delivery terms and conditions for delivery arrangement and charging policies during different periods.
4.4 The expected delivery date and time are for reference only. The actual delivery is subject to the actual situation of the day.
4.5 Delivery service is applicable to Macau Special Administrative Region and Hong Kong Special Administrative Region only.
If the delivery address is in a remote area (including Hong Kong Outlying Islands, Ma Wan, Tung Chung and Discovery Bay), New Yaohan reserves the right to demand additional delivery charges from the customer.
Delivery service is not applicable to non-permanent addresses (except for designated Macau hotels), container warehouses, smart lockers, restricted border areas, and warehouses. If the delivery address is not directly accessible by lift, we will charge an additional service fee per floor. Please contact the customer service of the New Yaohan Online Shop for details.
4.6 No delivery service shall be available on Sundays, Mandatory Holidays, Public Holidays; or when typhoon signal No.8 or above or the black rainstorm signal is issued; or any such weather condition whereby delivery is considered unsafe.
4.7 It is the responsibility of the Customer to notify New Yaohan immediately of any change to their delivery address.
4.8 All deliveries shall be made only to the entrance of specified delivery address. New Yaohan has no obligation to make the delivery to any specific location within the delivery address. All deliveries shall be signed off by the receiver with a signature.
4.9 New Yaohan reserves the right to decline delivery of any Product to any Customer at its sole discretion.
4.10 If unsuccessful delivery is due to the provision of incorrect delivery details, an extra delivery charge will be applied for the second delivery for each delivery address and the delivery date will be rescheduled.
Considering the above, if the second delivery needs to be arranged for any reason given by the customer, the Customer will be charged a re-delivery fee of MOP 50 (Macau) / MOP 100 (Hong Kong).
4.11 If the second delivery is unsuccessful for reasons attributable to the Customer, New Yaohan reserves the right to request the Customer to collect the Products directly from the shop without making further delivery arrangements. Under this situation, the paid delivery fees will not be refunded.
4.12 If the Customer refuses to accept the Products in any way, 50% of the total amount of the order will be charged as a return processing fee for unsuccessful delivery, which will be deducted before refund.
5. SELF PICK-UP
5.1 New Yaohan shall prepare the Products according to the items listed on order confirmation.
5.2 Customer should pick-up according to the designated time slots. New Yaohan shall not be liable for any delay for causes beyond its control.
5.3 If the Products are not collected within 30 days of the designated collection date, the Customer agrees that the order will be automatically confirmed by the system and New Yaohan may dispose the Products at its own discretion without refund or further notice.
5.4 The order should be picked-up by presenting the order confirmation or order record. Otherwise, New Yaohan reserves the rights to reject the pick-up to protect customers’ interest.
5.5 Customer should ensure Products are undamaged and no omission in the course of pick-up. The person picking up the Products must sign the receipt.
5.6 No Self Pick-up services shall be available when typhoon signal No.8 or above is hoisted, or any such conditions whereby store operations are suspended. Customer may pick-up on the following business day.
5.7 Customer can enjoy and redeem parking offer with receipts issued by New Yaohan eStore.
5.8 No service charge will be incurred for Self Pick-up Products. However, additional charge will be applied for plastic shopping bag(s), according to the law of “Restrictions on the provision of plastic bags” enact by Macau SAR Government.
5.9 In case of any dispute, New Yaohan reserves the right of final decision.
6. VARIATION / CANCELLATION OF ORDER
6.1 For any order enquiries, contact customers service for assistance.
6.2 Subject to the Customer's consent, New Yaohan may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable. Otherwise, the Product will be deleted from the Customer's order and the bill will be adjusted accordingly.
6.3 If there is no prior consent from the Customer for a substitution, no substitution will be made.
7. EXCHANGES OF PRODUCTS / REFUNDS
7.1 Images of Products on this site may not exactly correspond to Products' descriptions and are for reference only.
7.2 In accordance with the Macau Consumer Protection Law, customers have the right to freely terminate the contract (which includes return or replacement arrangement) within seven days from the date of receipt of the goods. New Yaohan shall deal with the termination in the following manner.
a. The customers who wish to exercise the right shall communicate of this intention to New Yaohan Customer Service, by e-mail, live chat, letter, phone call within the time limit referred above, and any request made beyond the time limit will not be accepted.
Return or replacement arrangements are not applicable to unpacked or damaged goods or other specified products, including special price display items, food, products with short shelf lives, customized products and other products to which the free termination right is not applicable under the Macau Consumer Protection Law.
b. Under any circumstances, once cross-border orders are confirmed and automatically declared to the China Custom, no order modifications can be made. Taxes and shipping fee involved will be borne by the customer and not refundable.
c. For customers eligible for returns or exchanges, please follow the return instructions provided by New Yaohan customer service, and arrange to ship the product(s) together with the original receipt, gift (if any) and original packaging within 7 days of the return request.
d. Any expenses resulting from the exercise of the right mentioned above including the return shipping fee, post fee, cross-border fees and any other administrative fee (if any) shall be borne exclusively by the customer. For freight collect service, New Yaohan will charge an extra handling fee - MOP 100 (Macau), MOP 200 (Hong Kong), MOP 300 (Cross-border).
e. All the refund will be effectuated within 7 days from the date of receipt of the returned goods, and the customer will be notified of the refund date in due course.
7.3 New Yaohan shall use its reasonable efforts to ensure that orders are correctly fulfilled and shall deal with any discrepancies in the following manner, provided that they are reported within 48 hours of delivery or order pick-up via e-mail to contact- us.estore@newyaohan.com:
a. If any Product proves to have been delivered or provided for pick-up in a damaged condition (with no fault on the Customer's part), or the Product has passed its sell-by date, or the Product has been omitted in the delivery/ pick-up, or New Yaohan has delivered a Product different from the one ordered by/ provided for the Customer, New Yaohan shall replace the Product.
b. For the exchange of Product policy, the Product should be unused and in the condition originally sold together with all parts and accessories including manuals, certificates, labels, tags, consumables, bags, and boxes (if applicable); otherwise, New Yaohan reserves the right to decline the exchange of the Product.
c. Refund is only available if the Product is out of stock at the time when the Customer requests any Product (subject to satisfaction of Clauses 7.3(a) and 7.3(b) above) to be exchanged.
d. If any Product which is not included in the Customer's order is mistakenly delivered to the Customer, the Customer shall inform New Yaohan immediately and New Yaohan reserves the right to collect the wrong Product delivered or provided.
e. If the Customer is charged more than the total price of the Product(s), New Yaohan shall refund to the Customer the difference.
7.4 New Yaohan's liability to any Product delivered is limited to refund or replacement specified above. All other remedies are excluded.
7.5 Refund shall be credited to the Customer's payment method account as provided during payment.
7.6 In case of any dispute, New Yaohan reserves the right of final decision.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
8.1 New Yaohan does not represent or warrant that access to this site, or any part of it, will be uninterrupted, reliable or fault-free.
8.2 New Yaohan does not represent or warrant that this site or any of its Contents will be accurate, complete or reliable.
8.3 The Customer agrees that no data transmission over the Internet can be guaranteed as totally secure. Whilst New Yaohan strives to protect such information, we do not warrant and cannot ensure the security of any information which is transmitted to us. Any information transmitted to New Yaohan is transmitted at the Customer's own risk.
8.4 To the extent permitted by law, New Yaohan excludes all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to the Customer as a result of:-
a. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to this site or any information on this site;
b. the unavailability of this site (or any part of it), products or services;
c. any delay or disruptions in providing, or failure to provide or make available, Products or services, or any negligent provision of Products or services;
d. any misrepresentation on or relating to this site, the Products or the services;
e. any Product not being of merchantable quality or fit for their purpose;
f. viruses or other malicious software obtained by accessing or linking to this site; and
g. any negligent advice, inaccurate or misstated information provided in connection with the Products or services displayed on this site.
8.5 Save as required by law:-
a. New Yaohan and New Yaohan's affiliates (i.e. including our and their officers, directors, agents and employees) will not be liable and the Customer agrees not to hold New Yaohan and New Yaohan’s affiliates responsible for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, whether arising out of any problem notify to us or otherwise; and
b. New Yaohan and New Yaohan's affiliates will have no liability to pay any money to you by way of compensation except otherwise specified in these Terms and Conditions.
8.6 The Customer must observe and comply with all applicable regulations and legislations, including obtaining all necessary permits to purchase Product from this site. New Yaohan makes no representation and accepts no liability in respect of the export or import of the product purchased from this site.
8.7 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or Products to the Customer.
8.8 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these Terms and Conditions.
9. CONTENT
9.1 The intellectual property rights in all Content are owned, controlled or licensed by or to New Yaohan. Nothing in these Terms and Conditions shall confer on the Customer any right or interest in the Content and all other rights are reserved to us.
9.2 This site is for personal use by the Customer only and not for commercial use.
9.3 Unless the Customer has New Yaohan's written consent or the Customer is expressly authorised by law to do so, the Customer shall not:-
a. use the Content for any purpose;
b. make any copies of the Content or transfer the Content to any other device or any other person; or
c. otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
9.4 New Yaohan shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. The Customer also agrees that the responsibility for the Content of advertisements appearing on this site rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by New Yaohan and each advertiser is solely responsible for any representations made in connection with its advertisement. New Yaohan does not accept responsibility for any loss suffered as a result of the Customer's reliance upon the accuracy of information contained on this site.
10. INDEMNITY
The Customer agrees to indemnify us (and our affiliates) as well as all of our and their directors, employees, contractors, and agents) and hold us and our affiliates all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us or our affiliates arising out of any breach of the covenants, warranties, representations and agreements herein.
11. LINKED WEBSITES
Certain links, including hypertext links, in this site will take you outside this site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. New Yaohan shall not be responsible for the content of any website outside this site and will not accept responsibility or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of these linked websites.
12. TERMINATION
12.1 We may terminate your access to our site or registration immediately if you are in breach of any of these Terms and Conditions.
12.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
13. INTELLECTUAL PROPERTY
13.1 All intellectual property rights in the Content, user content, design, text, graphics and other material on this site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any unauthorised use without our prior written permission is strictly prohibited.
13.2 All trademarks, product names, company names and logos used in this site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, clothing, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
14. FORCE MAJEURE
If the performance by New Yaohan of its obligations under this site is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the Government of the Macau Special Administrative Region or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of New Yaohan), New Yaohan shall be excused from such performance to the extent of such prevention.
15. VARIATION OF TERMS AND CONDITIONS
New Yaohan reserves the right to amend these Terms and Conditions in its sole discretion and without prior notice to the Customer. The Customer is reminded to review these Terms and Conditions prior to submitting any order. Once an order is placed, the Customer is deemed to have accepted the Terms and Conditions prevalent at the time.
16. PREVAILING LANGUAGE
In the event of any discrepancy in the translation of this text, the Chinese version shall prevail.
17. SEVERABILITY
If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity and enforceability of such provision under the law of any other jurisdiction, and of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby.
18. APPLICABLE LAW
These Terms and Conditions shall be governed by the laws of the Macau Special Administrative Region and the Customer and New Yaohan agree to submit to the non- exclusive jurisdiction of the Macau courts
Last Update: March 2023
