These general terms and conditions of sale (these “Terms and Conditions”) apply to all goods (the “Goods”) sold by Worldwide Food Distribution Limited (“Seller”) to you (“Purchaser”) through www.mymarket.com.hk (“Website”) and shall constitute the only conditions on which the Seller is willing to supply the Goods to the Purchaser and to provide its Services (as defined below) to the Purchaser and describe how the Services may be accessed and used. By placing an order on the Website the Purchaser is offering to purchase a product on and subject to the following Terms and Conditions. In case of discrepancies between these Terms and Conditions and any other documents or in any correspondence or elsewhere or implied by trade, custom, practice or course of dealing, the provisions of these Terms and Conditions shall prevail.
1- AGE REQUIREMENT FOR USE OF SITE
This Site is intended only for the use and enjoyment (i) of persons who are of legal age to purchase and consume alcoholic beverages in the jurisdiction in which they reside or, where they are accessing the Site from a different jurisdiction, in the jurisdiction from which they are accessing the Site and (ii) where the sale, consumption and advertising of alcohol is permitted in the relevant jurisdiction.
Persons under such legal purchase age or who reside in a jurisdiction where the sale, consumption and/or advertising of alcohol is not permitted, should not use the Site in any way.
2.1 The Purchaser shall place an order to purchase the Goods, specifying (i) the type and quantity of Goods ordered, (ii) the location where the Goods shall be delivered, and (iii) the requested delivery date/period.
2.2 Each order placed by the Purchaser for the supply of Goods shall be deemed to be an offer to purchase the Goods on the conditions provided under these Terms and Conditions, which is subject to acceptance by the Seller.
2.3 When the Purchaser places an order, the Purchaser will receive an acknowledgment email confirming receipt of the order; this email will only be considered as an acknowledgment and will not constitute acceptance of the order by the Seller (“Order Acknowledgment”).
2.4 All orders are subject to availability and confirmation of the receipt of the payment relating to the purchase of the Goods. In case of an out of stock product the Seller takes the responsibility to warn the Purchaser before the delivery and take action to change the Goods for similar ones or to refund the Purchaser.
2.5Variable Weight Orders. Because many of the same products have different weights, the product weight can vary between -40gr. and +60gr.
3- CANCELLATION OF ORDERS
Any order which is confirmed and paid may not be cancelled except if the Seller cannot fulfil the full order due to an out of stock product.
4- PRICES AND PAYMENT
4.1 The prices payable for the Goods are those set out in the Order Acknowledgement received by the Purchaser.
4.2 Unless otherwise agreed by the Seller in writing or in the Order Acknowledgement, the order shall be paid in full in cleared funds without any withholding, deduction, set-off or counterclaim by the Purchaser.
4.3 A Contract will be formed between the Seller and the Purchaser upon confirmation of the payment of the order, and such confirmation shall be sent to the Purchaser by email.
4.4 Each and every delivery of Goods under each and every Contract is separate, and the Purchaser agrees not to set off or withhold payment on any one delivery, including a partial delivery, because of a controversy relating to any other delivery or to any undelivered Goods.
4.5 Payment of the total amount order shall be made according to one of the following methods:
• Wire transfer to the Seller’s bank account;
• Payment by credit card (Visa, MasterCard);
• Payment by cash (acceptable only for self-pick up orders at the warehouse).
4.6 In the event of payment by credit card, the Seller will carry out a standard authorization check of the Purchaser’s payment card in order to ensure that there are sufficient funds to fulfil the transaction.
4.7If the payment is done by Wire Transfer the Purchaser needs to provide to the Seller the payment advice. Upon receipt of this document the Seller will start preparing the order for the Purchaser.
4.8 The Purchaser agrees to pay all legal expense incurred by the Seller in conjunction with the collection of any sums due and owing from the Purchaser to the Seller.
5- ACCEPTANCE OF GOODS AND REFUND POLICY
5.1 At the time of delivery, the Purchaser, or someone on the Purchaser’s behalf, shall inspect the Goods. The Purchaser acknowledges and agrees that the entry or inscription of the Purchaser’s signature, or the signature by someone on the Purchaser’s behalf, on the Seller's delivery note on delivery of the Goods to the Purchaser shall be conclusive evidence that the Purchaser has examined the Goods and that the Goods correspond in every respect with the Goods that the Purchaser is entitled to receive under the Contract.
5.2 The Seller is entitled to assume that any person inspecting the Goods or signing on the delivery note is authorized by the Purchaser to do so.
5.3 The Purchaser should check order upon delivery. If upon inspection, there are any losses, damages or non-conformity of the Goods according to the Contract, please contact The Seller within 24 hours of delivery date at email@example.com or call at 2562 1382. For any claim the Purchaser should provide a picture of the damaged or incorrect products. The Seller at its sole discretion will offer a replacement or refund of the damaged or incorrect product(s).
6- REMEDIES OF PURCHASER
6.1 If the Purchaser rejects any Goods, the Purchaser shall have no further rights whatsoever in respect of the supply to the Purchaser of such Goods or the failure by the Seller to supply Goods which conform to the Contract.
6.2 If the Purchaser accepts or has been deemed to have accepted any Goods, then the Seller shall have no liability whatsoever to the Purchaser in respect of those Goods.
6.3 The Seller shall not be liable to the Purchaser for late delivery of the Goods.
7- LIMITATION OF LIABILITY
7.1 All Goods are being sold on an “as is” basis. The Seller does not make or give (and shall not be deemed to make or give) any representation or undertaking to the Purchaser, and shall, to the fullest extent permissible by law, be bound by no condition, warranty, innominate term or other obligation (whether express or implied, and whether imposed or implied by statute, at common law or otherwise) concerning the condition, quality, physical state or attributes, location, origin, fitness or suitability for any purpose, or conformity with description (notwithstanding any description the Seller may have supplied of the Goods to the Purchaser). Any descriptions, illustrations or information contained in Seller’s publications or advertising are issued or published for the sole purpose of giving an approximate idea of the Goods described therein and will not form part of any Contract or be deemed to constitute a representation as to the accuracy of such matter.
7.2 The Seller shall not be liable for loss or any special, indirect or consequential loss or damage resulting from or arising out of any Contract to the Purchaser.
7.3 To the extent that the Seller is liable in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Goods or breach of the Seller's obligations hereunder, such liability shall not in any event exceed an amount equivalent to the price of the Goods.
7.4 Nothing in these Terms and Conditions shall exclude or limit the Seller's liability for any death or personal injury resulting from the Seller's negligence.
Deliveries are processed by an external provider, in case of a delivery delay, or any incident concerning the delivery please call the Seller at: 2562 1382 or e mail: firstname.lastname@example.org and the Seller will directly deal with the delivery provider before coming back to the Purchaser to fix the problem. The Purchaser (or the Seller) should be able to give the Order reference and if applicable the Way Bill number to the purchaser.
8.1 The 3rd party transportation company shall deliver the Goods to the address on the delivery date/period agreed between the Purchaser and the Seller in the Contract.
8.2 The Purchaser shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery. It is the responsibility of the Purchaser to ensure that an appropriate person is available at the delivery address at all times during the time slot allocated for delivery.
All Goods should be deliver and given in hand to the Purchaser or an appropriate person. If the Purchaser gives written email consent to let the Goods in front of his door, the Seller decline responsibility for defrost and lose of freshness for Goods, neither for lost, stolen Goods.
8.3 For the avoidance of doubt, delivery dates and times given by the Seller under or pursuant to the Contract are no more than estimates, and the Seller’s conformity with such date or time is not, and shall not in any event or circumstance be or become, of the essence of the Contract. The Seller’s failure to conform to delivery dates and times shall not give rise to any liability on the part of the Seller, whether in respect of direct or indirect losses (including loss of profit), costs, damages, charges or expenses alleged to be suffered by the Purchaser, or entitle the Purchaser to terminate or rescind the Contract. Notwithstanding the foregoing, in the event delivery of the Goods, or any part thereof, is delayed due to the fault of the Purchaser, a new delivery date and time may be rearranged provided that any and all additional costs and expenses incurred by the Seller resulting from such delay in delivery shall be chargeable to and paid by the Purchaser.
8.4 The Seller reserves the right to restrict deliveries in certain areas or to modify the delivery network.
8.5 The delivery is free in the following areas: Hong Kong Island, Kowloon, New Territories, Airport, Tung Chung, Discovery Bay, Ma Wan for any purchase over HKD 750. For orders under an amount of or equal to HKD 749.99 fees of HKD 80 will be applied.
If your area is not covered by the 3rd Party delivery service (please refer to our delivery page for more details), the Seller can on demand organise a special delivery, some fees might be applied.
The Purchaser has the option to send someone to pick upor come pick up himself his order in the warehouse in Chai Wan: 2 Hong Man Street, Room 612, 6/F, Chai Wan, Hong Kong.
9- NO RESALE OF GOODS
The Purchaser agrees and acknowledges that the Goods are available for purchase for the Purchaser's own personal consumption only and the resale of the Goods purchased under these Terms and Conditions is prohibited. This resale prohibition is a material condition to Purchaser’s rights under these Terms and Conditions, and it is agreed that any direct or indirect distribution, transhipment and/or sale of Goods by the Purchaser or others purchasing through the Purchaser will be a material breach of these Terms and Conditions and will result in irreparable harm to the Seller for which money damages will not be adequate. In the event of such breach, the parties agree that the Seller, in addition to any other remedies it may have at law and/or in equity, the Seller will be entitled to injunctive relief to prevent any threatened or continued breach and to specifically enforce this Clause 10.
10- FORCE MAJEURE
The Seller will not be liable to the Purchaser or be in breach of the Contract by reason of any delay in delivery of the whole or any portion of the Goods or any delay in performing or any failure to perform any of the Seller’s obligations if the delay or failure was due to any cause beyond the Seller’s reasonable control, including, but not limited to, Act of God (including the hoisting of typhoon signal number 8 or above or black rain signals or other conditions (weather or otherwise), or any cause or event arising out of or attributable to war or terrorist activity), fire, flood, unavoidable accident, breakdown of equipment, riot, strike, war, act of government, import or export bans, non-delivery or delay in delivery by the Seller’s suppliers of the Goods or materials required for the Goods. If any delay persists for longer than [one (1) month] after the due delivery date/period, the Purchaser shall be entitled to cancel the Contract by written notice without any liability to the Purchaser.
If any provision hereunder is or becomes at any time unenforceable or invalid under any law, rule or regulation, no other provision of these Terms and Conditions shall be affected thereby, and the remaining provisions of these Terms and Conditions shall continue unimpaired with the same force effect as if such unenforceable or invalid provision shall not have been included herein.
No inaction, omission, failure or delay by the Seller in exercising, or in securing the enforcement or validity of any right, power, privilege or demand arising under or in connection with a Contract, and no single or partial exercise of any such right, power, privilege or demand shall impair the existence, operation, content, effect and enforcement of such right, power, privilege or demand, or operate as a waiver of it.
13- ASSIGNMENT AND SUBCONTRACTING
The Purchaser shall not assign any Contract or these Terms and Conditions, or any rights or obligations under any Contract or Terms and Conditions without the prior written approval of the Seller. Any assignment without the Seller’s written approval shall be voidable at the option of Seller. The Seller may assign any Contract or these Terms and Conditions, or any of its rights or obligations under such Contract or these Terms and Conditions to any of its subsidiaries or affiliates, or to any purchaser or successor to all or substantially all of the assets of the business or product line to which such Contract relates, or subcontract all or any material aspect of the work called for under any Contract or these Terms and Conditions of Use without the Purchaser’s consent.
14- NO AGENCY OR PARTNERSHIP
The Contract or these Terms and Conditions shall not constitute or imply any partnership, joint venture, agency or other relationship between the parties hereto, other than, and except as provided for in, the contractual relationship expressly provided for in these Terms and Conditions. Neither party shall have, nor shall either party represent that it has, any authority to make any commitment on the other party's behalf.
15- ENTIRE AGREEMENT
These Terms and Conditions contain the whole agreement between the parties hereto relating to the sales of Goods by the Seller to the Purchaser and supersede any prior written or oral agreements, representations or understanding between them relating to such subject matter. The parties hereto confirm that they have not entered into the Contract on the basis of any representation that is not expressly incorporated into these Terms and Conditions.
16- UNENFORCEABLE PROVISONS
If any provision of these Terms and Conditions (in particular, the disclaimers of warranties or limitations of liability hereunder) is, or is found to be, invalid or unenforceable under applicable law, the remainder of these Terms and Conditions shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
17- GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Hong Kong Special Administrative Region (“Hong Kong”) and the parties hereto hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong.
18- PERSONAL INFORMATION
By using the Website, the Purchaser is responsible for maintaining the confidentiality of the account and password and for restricting access to the computer. The Purchaser agrees to accept responsibility for all activities that occur under their account or password. The Seller reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Personal information will be kept by the company for its sole utility and not used without prior approval.
19-COPYRIGHT AND CONTENT PROTECTION