Terms and Conditions
No user of this Site is permitted to tamper with the Site, misrepresent his identity, use buying agent or conduct any fraudulent or illegal activity on the Site. These Terms and Conditions also apply to any order placed via telephone, facsimile and at Ms B’s CAKERY and C’est La B. (“Outlet”)
Definitions and Interpretation
In these Terms and Conditions:
- “we” and “us” refer to Ms B’s Cakery Creative Network Limited and “you” and “your” refer to any person who accesses this Site for any reason;
- Reference to person includes an individual, firm, corporation and other legal entity;
- “include” “includes” or “including” means include, includes or including without limitation;
- Where the context permits or requires, expressions in the singular number include the plural and vice versa and any gender includes the other genders;
- Headings are for convenience only and shall not affect the interpretation or construction of the Terms and Conditions.
- No variation of these Terms and Conditions shall be effective unless we expressly agreed in writing.
- Access to the Site is provided on “as-is” basis and according to its availability. We provide no guarantee and the Site is used at the user’s risk.
- You agree to provide complete and updated information to place orders on this Site. By placing an order using any credit card or any payment method acceptable to us, you confirm that the credit card or payment method used is legal and the credit card is yours or that you have been authorized by the card issuer to use it.
- You agree to pay for every order made and agree to indemnify Ms B’s Cakery Creative Network Limited for all claims, costs, losses and damages whatsoever which we may suffer, sustain or incur in connection with and/or arising out of your placing orders including during any stage of our delivery service. You will be responsible for updating your account information. You will be responsible for notifying your bank of any changes to your record, or loss, theft or unauthorized use of your credit card.
- You shall be responsible for safeguarding passwords (if any) and shall be liable for all use and activities under your account. If any person gains unauthorized access to your account, you shall be liable for any and all losses and damages. You should contact us immediately on any misuse of your account or threat to its security.
- We have the absolute discretion to refuse registration and/or order placement and to terminate any registration and/or order placement for any reason whatsoever without liability to any person.
- We shall endeavour to fulfill your order placement but shall not be liable to any person if we shall cancel, terminate, decline or is or becomes unable to fulfill any order for whatsoever reason.
- If you are under 18 or do not have the ability to make a contract or bear any legal responsibility, you should not use this Site to make any order. We assume that all users of this Site are of legal age. We are not obliged to check your age but if it is found that you are under age, we reserve the right to take action against you or your guardian. If you are under age and wish to browse this Site, please seek the approval of your parents or guardians. We reserve the right to only accept orders from you if you are aged 18 or over.
- All orders are subject to our acceptance at our sole discretion.
- The Site is for your personal and legal use only. You may not purchase goods from the Site for reselling purpose or commercial exploitation.
- You agree not to damage, disseminate, spread, change, revise, copy, transfer, display, announce or sell any of the contents of or the products described in the Site, or any derivative works based on them, or use such works. Without limitation, you shall not use the Site or other method to collect the details of other users or invade the privacy or infringe the intellectual property rights of any other person. You agree to indemnify Ms B’s Cakery Creative Network Limited against any of your unauthorized use of any material from this Site, defend us and prevent us from any harm.
- We may allow certain designated contents as shown by a “share” sign in the Site to be distributed for non-commercial purpose. However, we reserve all rights to all contents in the Site and any unauthorized use of content may result in civil consequences or criminal penalties.
- All payments to be processed under the use of the Site are conducted through relevant card payment centres. We will not be liable for any loss or damage you may suffer if any third party procures unauthorized access to or use any data you provide when accessing the Site or using our services.
- Prices shown on the Site are in Hong Kong Dollars (HKD) and Hong Kong SAR is the only delivery location. Subject to change in relevant law, no VAT applies. If your credit card is not denominated in Hong Kong Dollars, the final price charged in your currency will be calculated by your issuing bank and we are not responsible in any manner or way.
- We shall endeavour to update product prices and other details but do not guarantee that they are error-free.
- We may change any price for the products and/or services displayed on the Site at any time without any notice but such changes will not apply to your purchases that are already accepted.
- All rights are reserved for us to correct any error, inaccuracy or omission including after your order is made and whether or not such order is confirmed and your credit card charged. In the unlikely event of any error, inaccuracy etc., we may treat the order as cancelled and inform you as soon as possible. If your credit card has already been charged when we cancelled your order, we will issue a credit to your credit card account in the amount of the charge.
- The prices displayed on the Site are for on-line shopping only. Prices for some goods and/or services may differ from those charged at the Restaurant.
- Promotional coupons and codes (if any) are non-transferable. These coupons (if any) must be redeemed before the expiry date if applicable. Promotional coupons and codes (if any) are subject to terms and conditions as we may specify from time to time.
- Discounts or rebates (if any) offered are on such terms and conditions as we may specify from time to time and may be withdrawn or cancelled by us at any time without notice. Free gifts offered (if any) are while stocks last and are not exchangeable and may be withdrawn or cancelled by us at any time without notice.
Payments and Orders
- Unless otherwise stated, all payments to be made through the Site shall be made using Visa and Master credit card or as we may from time to time allow and shall be made in accordance with such procedures as we may from time to time specify.
- You shall be solely responsible for any and all charges fees or other amounts charged and/or applied by your card issuer or bank for the order including processing your credit card payment or other method of payment.
- If the issuer of your payment card refuses or does not authorize payment to us for any reason, we will contact you to advise. However, we shall not be responsible for any costs or inconvenience caused by any subsequent delay, denial of payment or subsequent non-delivery of the products.
- Once an order has been placed at Check Out, you may not amend or cancel the order. Any acknowledgement only indicates receipt of your order request. All orders are subject to our acceptance. We reserve the right to amend cancel or not accept one or all items in your order. Not until the product/service purchased are dispatched/performed is the purchase by you through the Site considered to be accepted.
- All sales contracts are concluded in Hong Kong SAR.
- You shall comply with all security directions and/or recommendations (if any) given by us and inform us immediately if you become aware of or suspect any unauthorized use of your account or if your account becomes available to an unauthorized person. Without prejudice to our rights and remedies, we may suspend your access to the Site without liability to you or any person, if in our opinion, such action is necessary or desirable for safeguarding the Site.
- Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
- Delivery charges will apply and be added to the price for the products/services to be delivered to you.
- All products ordered will only be delivered to addresses within Hong Kong Island, Kowloon and the New Territories of the Hong Kong SAR, excluding all outlying islands or any PO boxes.
Except when otherwise notified by us, delivery schedule is as follows:
Mon – Fri, 3:30 p.m. – 6:30 p.m.
- Questions relating to delivery should be directed to the Restaurant.
- Although we endeavour to deliver the products in good conditions, for food or perishable products, you will accept the risk of their conditions at the time of delivery. Except due to unforeseeable reason, products on the Site will be made available within 96 hours after your order, excluding Sundays and public holidays and subject to the delivery schedule for your address as stated. We shall not be liable for any delays or non-delivery for causes beyond our control. There shall not be any refund or payment of damages in any event.
- No delivery services will be available when typhoon signal No 8 or above or the black rainstorm warning signal is hoisted. If we think that the weather may or will become a risk to either the products or to any person delivering your products, we shall be entitled to hold your delivery until we consider it safe to do so.
- Delivery will not be made to premises situated in buildings which have no legal unloading areas within 50 meters of the building. Delivery service does not cover areas that cannot be reached directly by the delivery vehicle or buildings without a functioning lift to the 3/F or above. We may charge and you shall pay additional sums should we discover on delivery that the place designated by you for delivery falls within the above-mentioned area or building.
- Each single purchase under one transaction online will be subject to delivery charge of HKD100.00 (or such amount as we may specify from time to time) for one delivery to one address.
- Multiple transactions made within the same day or same invoice may not be delivered together.
- You are responsible to notify us immediately of any change of details including recipient name, contact number, address or any incorrect information provided when placing the delivery. Any unsuccessful delivery as a result of incorrect or incomplete delivery information provided may subject you to additional charges should re-delivery be required.
- We will not be held liable for any missing parcels signed for and delivered to non-residential addresses or in the event when the wrong/incorrect address or recipient is provided.
- All deliveries, save where you specifically instruct us in writing, shall be signed off by the designated recipient by entering the name and the time of delivery on the designated delivery form. If the designated recipient is not present, the delivery shall be withdrawn and attempted at another time agreed. We reserve the right to charge you an extra delivery fee.
- We reserve the right to decline delivery of the products to any recipient designated by you at our sole discretion absolutely.
- By signing a confirmation of receipt of the products when the products are collected (whether by you or your designated recipient), you accept the responsibility for and risk of the products ordered from that moment on. If any recipient fails and/or refuses to sign any confirmation of receipt as required by the delivery man, the corresponding products will not be passed over to that recipient and we reserve the right to cancel delivery of the corresponding products, and we shall under no circumstances be responsible or liable for any loss or damage or to refund any money paid. We shall not be responsible for the conduct or otherwise of any delivery man who is not our employee acting in the course of our employment.
- If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept signature by such person as an evidence of delivery and fulfillment of your order by us. You also accept assumption of risk and responsibility in the same way.
- If you choose to collect the product from the Outlet, you have to contact the Outlet for such arrangement at which time you have to bring along your identity document, credit card used during transaction of the purchase (which should be in your name) and other document for confirmation as we may require. Unless we notify you otherwise, the products must be collected on the same day specified in your order between 12:00 noon to 10:00 p.m., failing which we have the right to hold onto or otherwise dispose of the products at our discretion.
Variation/Cancellation of Orders
- After successful submission of your order, you may not cancel it.
- We reserve the right to refund you the price of any product which has been paid and received by us, even after the relevant order is confirmed, in lieu of delivery of the product.
- Subject to your consent, we may substitute a product for another similar product if the initial product ordered by you is unavailable.
- If there is no prior consent from you for a substitution, no substitution will be made.
Returns, Exchanges and Refunds
- Unless otherwise stated, the policy stated herein applies to online purchases and those made at the Outlet.
- No products can be exchanged or returned to Ms B’s Cakery Creative Network Limited whatsoever and no refund will be made.
Title & Risk
We shall retain full title and ownership of the products until complete payment of the price and incidental costs and charges are made by you and we have actually received them. Legal ownership of the products will immediately revert to us if we refund any such payment to you or if the products are exceptionally at our sole discretion accepted by us for exchange or return. All risk of and relating to the products shall pass to you upon delivery of the purchased products or, if you or your designated recipient fail(s) to take delivery, at the time the products are delivered (or delivery is attempted) in accordance with your instructions.
If the performance by Ms B’s Cakery Creative Network Limited of its obligations under this Site is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, flood, casualty, bad weather, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong SAR or of any of its government agencies, strikes, lock-out, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products, raw materials or ingredients, interruption or suspension of means of communication and/or transport, cessation of production or delivery, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Ms B’s Cakery Creative Network Limited, Ms B’s Cakery Creative Network Limited shall be excused from such performance and shall not be held liable.
These Terms and Conditions including any contract entered into pursuant to these Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong SAR. Both you and Ms B’s Cakery Creative Network Limited unconditionally and irrevocably submit to the non-exclusive jurisdiction of the Hong Kong courts.
Indemnity and Waiver
- At our request, you agree to compensate us fully and hold us, Ms B’s Cakery Creative Network Limited (including our parents, subsidiaries, affiliates, officers, directors, agents, licensors, suppliers and employees), harmless from and against all liabilities, claims, costs, expenses, damages and losses, including legal costs, in connection with and/or arising from any breach of these Terms and Conditions and/or the terms of service by you and/or any illegal or improper use of the Site by you. This includes your violation of any law or the rights of any person or any breach of your representations and warranties hereunder or the use of the Site by any other persons using your account caused by your action, inaction, omission or negligence.
- In case of your breach and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach these Terms and Conditions and/or the terms of service. Delay in our taking any action does not amount to any waiver of our rights.
Ms B’s Cakery Creative Network Limited makes no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions, the Site, the products and/or any services, including warranties of quality, fitness for a particular purpose or non-infringement, except such representations and warranties are mandatorily provided by law and cannot be excluded. Any information displayed is of general nature and is not to be taken as intended to address your particular requirements or constitute any form of advice, recommendation or arrangement by us. We do not warrant or guarantee the correctness, reliability, completeness or timeliness of any material of or in the Site and, without limitation, we do not represent or warrant that product description, colours or other contents are complete, correct or error-free.
Product Display/Image Variation
- We cannot guarantee that the product image and colours displayed on the Site match exactly the actual product delivered, since the image and colours depend on and are subject to, among other things, (where applicable) natural colour variation of ingredients, photo effect and the monitor you are using. Further, where products are made of natural ingredients and components, variations may occur in actual products and all dimensions are approximate.
- Background displays and accessories etc. (if any) shown in the product display are used for illustration purposes only and will not be included in the sale of the product unless otherwise specifically stated by us.
Limitations of Liability
- By using the Site, you acknowledge that, to the fullest extent permitted by applicable law, Ms B’s Cakery Creative Network Limited, its parent companies, subsidiaries, the Restaurant or affiliates or their respective board of directors, employees, agents, representatives, successors, subsidiaries, divisions, suppliers, vendors, distributors, affiliates or third parties providing information on the Site shall not be responsible or liable under any circumstances to any user of the Site or any other person for any amount or kind of loss or damage including any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including damages for loss of income, loss of profits, loss of goodwill, loss of data or loss of use or loss or damage arising from or connected in any way to business interruption), whether based upon warranty, contract, tort (including negligence), or otherwise, even if Ms B’s Cakery Creative Network Limited has been advised of or should have known of the possibility of such damages or losses.
- The limitation of liability stated under sub-paragraph 1 above shall also be extended to include any use in connection with your use, inability to use or the results of use of this Site, any website linked to this Site or the material on such website or anything uploaded on this Site, including loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any material from this Site or any websites linked to this Site. Such limitation of liability shall also extend to any events beyond our reasonable control including any restricted or non-access to this Site due to service interruptions.
- Our maximum aggregate liability hereunder whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the price for the products and/or services paid by you to us.
Assignment, Subcontracting, etc.
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms and Conditions and/or any contract made pursuant to these Terms and Conditions provided that your rights under these Terms and Conditions are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms and Conditions and/or any contract made pursuant to these Terms and Conditions without our prior consent in writing.
- You acknowledge and agree that all intellectual property and other proprietary rights including copyright and trademark and all technical, business and similar information (including logos, text, documents, data compilations, graphics, designs, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof and other materials relating to the products) available on the Site created by us and/or (as applicable) our licensors shall be and shall remain our property (or the property of our licensors, as applicable). All such rights are reserved.
- All other intellectual property rights (including registered or unregistered designs, copyrights and patents) in or related to the Site, the products depicted and/or available on the Site, design, text, graphics, layout, software, and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Site (the “Intellectual Property Rights”) are and shall remain the exclusive property of Ms B’s Cakery Creative Network Limited and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
We will try to resolve any dispute when they first arise. In the unlikely event that you have any complaints about any products purchased by you from the Site, you can contact us at firstname.lastname@example.org.
No Partnership or Agency
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership or other form of joint venture between us.
No Third Party Right
A person who is not a party to these Terms and Conditions between you and us shall have no right under the Contracts (Rights of Third Parties) Ordinance (Cap.623) to enforce any provision of these Terms and Conditions between you and us.
In the case that any one or more provisions of these Terms and Conditions is, in any respect, for any reason, judged to be invalid, illegal or unenforceable, the effectiveness, legality and enforceability of the provision in any other respect, and the effectiveness, legality and enforceability of the remaining provisions will not be affected in any respect.