Terms
TERMS AND CONDITIONS
These Terms and Conditions govern:
- the use of this Website, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.
"This Website" refers to
- this website, including its subdomains and any other website through which the Owner makes its Service available;
- applications for mobile, tablet and other smart device systems;
- the Application Program Interfaces (API);
- the Service;
- any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;
The User must read this document carefully.
We are Vegan Market HK (collectively referred to as "we", "the company" or "Vegan Market HK") and we own and operate the site www.veganmarkethk.com (collectively referred to as "our site" or "veganmarkethk.com"). Our site offers a convenient way to shop online over the Internet, including by using our applications and also provides one-stop home delivery services (referred to as “services”).
Please read the following terms and conditions carefully before using our site. By using our 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. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
1. Order
1.1 When you place an order, the prices charged are those applicable on the day you order. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
1.2 All products on veganmarkethk.com are listed in Hong Kong Dollars.
1.3 Our system will generate an email to the email address registered by customer to confirm that we have received your order. Such confirmation does not constitute a promise of delivery of order items.
1.4 We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
(i) no sufficient stock to deliver the products you have ordered;
(ii) no delivery can be arranged for your area; or
(iii) one or more of the products 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.
2. Payment
2.1 The company accepts FPS and PayMe. Orders will be charged in Hong Kong dollars.
2.2 If the order is cancelled by us for any reason, if you have already made any payment, we will credit the amount per FPS or PayMe.
2.3 The company reserves the right to change the payment terms for any order without prior notice.
2.4 Products and prices displayed on our site are for reference only and are subject to alteration or modification at the time of actual transaction.
3. Delivery
3.1 We offer FREE delivery for orders above HKD 499 net after using promotion code, except remote areas. For orders at or below HKD 499 after using promotion code, a delivery charge of HK$70 per each order shall apply.
3.2 We offer FREE pick-up at the Central Escalator or Central Pier for orders above HKD 499 net after using promotion code. For orders at or below HKD 499 after using promotion code, a delivery charge of HK$70 per each order shall apply.
Order Net Total (after using promotion code) | Delivery Charge |
At or below HKD 499 | HKD 70 |
Over HKD 499 | Free |
3.3 Deliveries of Chilled products are packed in thermal bag with ice packs. In this way the Chilled products will stay cool for up to 8 hours. We can arrange delivery to your home/office on your preferred day and time.
3.4 For delivery address without elevators, the delivery staff may require the customer to pick up products at the ground floor of Tong Lau / the gateway of the village. If needed to deliver to your address, we may offer service up to 5th floor with surcharge. A delivery surcharge may be collected by delivery staff when you receive the goods.
You must indicate when check-out if delivery address is not supported with elevator. Vegan Market HK reserves the right to collect surcharge without prior notice.
3.5 Delivery services shall delay when typhoon signal, a red or black rainstorm warning is hoisted; or such other weather conditions whereby delivery is considered unsafe. In this event, you will be contacted to re-schedule delivery time.
3.6 We currently provide delivery service on Monday to Saturday (excluding public holidays) from 09:00 to 18:00.
3.7 We will deliver the products 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 shall accept the products yourself (except where you have specifically instructed us to leave your delivery outside the door or at the concourse - missing delivery under such circumstances shall be at your own risk) when the products are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge additional costs or cancel your order in the event of your failure to accept delivery for whatever reasons.
3.8 Your order will schedule a new delivery appointment on the next day if our carrier was unable to deliver your order at the 1st time. If our carrier was unable to deliver your order at the 2nd time, your order will return to the warehouse. If you need to reschedule the order after 2nd delivery, HKD$200 additional charge is needed. Once the delivery arrangement cannot be completed within 5 working days, the items will be destroyed and your order will be cancelled without any refund.
3.9 It is your responsibility to inform Vegan Market HK 2 days in advance of any changes to your delivery address or preferred delivery time slot after placing order.
3.10 You will become the owner of the product(s) you have ordered when they have been delivered to you. Once product(s) has been delivered to you, they will be held at your own risk and we will not be liable for the loss or damage.
4. Refund & Replacement
4.1 If you find your product(s) in situations listed below, you can request replacement or refund of specific product(s) within 3 working days after delivery:
(i) Breakage/ Incomplete product package
(ii) Quality issue
(iii) Short-shipment or wrong delivery
4.1.1 You are required to provide proof for approval of any request (stated in clause 4.1) as below:
(i) provide valid proof of purchase from Vegan Market HK; and
(ii) send photos of the concerned item(s) to us via email / instant messaging software.
4.1.2 We will arrange replacement or refund of equivalent product within 7 working days upon approval of any request listed above (stated in clause 4.1).
4.1.3 We do not accept returns of fresh and frozen goods due to their perishable nature. If your order is returned to us because of an incorrect address provided or refusal of delivery when shipped according to our terms and conditions, we cannot guarantee the condition of the returned goods, must dispose of the contents, and you will not be refunded. In the event an order is delivered late due to an incorrect address or if you are unable to retrieve on the delivery date without prior notification and thawing/damage occurs, you will not be refunded.
5. Title
5.1 All risks in the product(s) shall pass to you upon delivery but Vegan Market HK shall retain title in the products until full payment has been received.
6. Force Majeure
6.1 If the performance by Vegan Market HK of its obligations relating to the services it supplies on 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 Hong Kong 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 Vegan Market HK), Vegan Market HK shall be excused from such performance to the extent of such prevention.
7. Disclaimer
7.1 We do not represent or warrant that access to our site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
7.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
7.3 We do not represent or warrant that:
(i) any services (whether or not provided by us) will be provided with due care and skill; or
(ii) any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
7.4 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
7.5 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
(i) any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (including using our applications or software) or any information on our site;
(ii) the unavailability of our site (or any part of it), merchandise or services;
(iii) any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or service;
(iv) any merchandise not being of merchantable quality or fit for their intended purpose; or
(v) any misrepresentation on or relating to our site, the merchandise or the services.
7.6 Save as required by law:
(i) we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and
(ii) we will have no liability to pay you any money by way of compensation except otherwise specified in these terms and conditions.
7.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from our site. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
7.8 You agree that each of these limitations is reasonable with regards to the nature of our site and in particular given that when you purchase merchandise through our site you will enter into a separate contract with the supplier in each case.
7.9 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 the merchandise to you.
7.10 "Under the law of Hong Kong, intoxicating liquor must not be sold or supplied to a minor in the course of business."
8. Warranties
8.1 You undertake that you will not use our site to:
(i) upload, post, email, offer or otherwise transmit any contents of which you have no right (either proprietary, contractual, or fiduciary) to transmit or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or otherwise objectionable;
(ii) impersonate any person or entity by way of transmitting any forged or manipulated contents through the use of any services.
(iii) upload, post, email, offer or otherwise transmit any contents that infringe any proprietary rights or intellectual property rights including, without limitation, patent, trademark, trade secret, copyright of any party;
(iv) upload, post, email, offer or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except such advertisements or promotional materials expressly authorized by us in writing;
(v) upload, post, email or otherwise transmit any contents that contain software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of our site and/or computer software or hardware or telecommunications equipment constituting them;
(vi) interfere with or disrupt the services or servers or networks through which the services are provided, or disobey any requirements, procedures, policies or regulations of such networks;
(vii) collect or store personally identifiable information about other users.
8.2 You acknowledge that our site does not have any obligation to pre-screen contents, but our site has the right (but not the obligation) in its sole discretion to refuse or remove any contents that is available via the services. Without limiting the said right, our site has the right to remove any contents that, in its opinion, violate the terms and conditions or are otherwise, in its opinion, objectionable.
9. Linked Websites
9.1 Certain links, including hypertext links, in our site will take you outside our 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. We are not responsible for the content of any website outside our site.
10. Intellectual Property
10.1 All intellectual property rights in the content, user content, design, text, graphics and other materials on our site, and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any unauthorized use without our prior written permission is strictly prohibited.
10.2 All trademarks, product names and company names or logos used in our 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, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
11. General
11.1 We may revise these terms and conditions at any time without prior notice. If any dispute arises, the company’s determination shall be final.
11.2 Where these terms and conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
11.3 We take privacy issues seriously. Our privacy policy statement covers our use of any information you provide. In using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy statement. You acknowledge and agree to be bound by the terms of our privacy policy statement.
11.4 We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
11.5 You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
11.6 These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
11.7 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts. If any part of this agreement 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.
11.8 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 our site or the content or your breach of this agreement. Whenever necessary, $1 per each paper shopping bag each will be charged in accordance to the Hong Kong regulation.
12. Terms and Conditions for Promotions
12.1 Promotion code or coupon offered by us shall only be applicable to one-off purchase at our site subject to special terms and conditions.
12.2 Promotion code or coupon is neither refundable nor redeemable for cash. Any unused amount will be forfeited.
12.3 Promotion code is not applicable to selected items.
12.4 We reserve the right to terminate or vary the above offers. In the event of any dispute, our decision shall be final and conclusive.
12.5 Free Gift is only available for purchasing dry goods or at least one dry good included in an order ; No free gift is applicable to order with goods in frozen and chill.