1. Services
1.1 We are Valerie Pastry Limited (referred to as "we" or "the Company") and we own and operate the website. Our website provides a convenient shopping platform through the internet, including the use of applications or software.
1.2 By using the website, you agree to be bound by the following terms and conditions. Please read them carefully.
1.3 Definitions of certain terms used in the terms and conditions:
1.3.1 "We" refers to the person or company providing the services.
1.3.2 "You" refers to the person who receives services from us or purchases goods from us and is required to make payment for the goods delivered by us.
1.3.3 "Content" refers to all text, images, logos, icons, photographs, videos, visual representations, or audio combining the aforementioned, as well as any images, sound effects, computer programs, or other materials selected, displayed, or used on our website or related to it.
1.3.4 "Goods" refers to the goods or services that you order through our website and will be paid for by you.
1.3.5 "Intellectual Property Rights" refer to all existing and future intellectual property rights of any nature, including but not limited to patents, trademarks, domain name rights, design rights, copyrights, database rights (whether registered or not, and including any applications for registration of the foregoing), rights in confidential information, and any similar or corresponding rights anywhere in the world.
1.3.6 "Services" have the meaning given in section 1.1.
1.3.7 "Supplier" refers to the sellers and suppliers of goods that you order through our website.
1.3.8 "Website" refers to Valerie's website (http://www.valeriefood.com/) and any associated websites connected to it.
1.3.9 "User Content" has the meaning given in section 10.1.
2. Registration
2.1 You are required to register with us in order to use the services or place orders. By registering, you represent (and we rely on this representation) that you are 18 years of age or older and have the legal capacity to enter into a binding contract.
2.2 You represent to us and all the suppliers of goods through our website that any orders you place through our website are within your legal power to contract.
2.3 By using our services, you agree to:
2.3.1 Provide true, accurate, current, and complete information about yourself when filling out the registration form; and
2.3.2 Maintain and promptly update your registration information to ensure that it remains true, accurate, current, and complete. We reserve the right to suspend or terminate your registration if we have reasonable grounds to suspect that any information is untrue, inaccurate, not current, or incomplete.
3. Ordering
3.1 We are responsible for managing the website, arranging the order processing, and fulfilling the goods you order through our website.
3.2 When you place an order, you are offering to purchase the specified goods from us at the indicated price. Once you submit the order, you cannot cancel it, even if we have not yet accepted or rejected your order.
3.3 We will confirm that we have received your order by email. This confirmation email will provide:
3.3.1 Details of your order,
3.3.2 Price details,
3.3.3 Order tracking information, and
3.3.4 Estimated dispatch and delivery information.
This communication will indicate that we have accepted your order on behalf of the supplier. You can track the status of your order online.
3.4 The goods we accept for your order will only cover the goods specified in the confirmation and may not include all the goods you ordered. In such cases, when we further confirm acceptance of the remaining goods in your order, your order for the relevant portion will be accepted.
3.5 The availability of goods is displayed on the website and is regularly updated by us. However, it should not be relied upon as an exact statement of whether the goods you intend to purchase are actually in stock.
3.6 We reserve the right to refuse or cancel orders entirely at our discretion for any reason, including but not limited to:
3.6.1 Insufficient stock of the goods you ordered;
3.6.2 Inability to arrange delivery to your location; or
3.6.3 Pricing errors caused by human or computer error or incorrect pricing information provided by the supplier.
3.7 If we cancel your order, we will notify you by email and refund any amount debited from your credit card within thirty (30) days from the start of your order. You accept that we shall have no liability to you for any dissatisfaction arising from this.
4. Prices and Payment
4.1 We will make reasonable commercial efforts to display accurate and up-to-date prices on our website. However, we cannot provide an exact price until we accept your order.
4.2 If the price of a product is higher at the time we are ready to accept your order than the price indicated when you placed the order, we will:
4.2.1 Cancel your order, or
4.2.2 Contact you to inquire whether you are willing to pay the higher price or cancel your order.
4.3 If we cancel an order and you have already made any payment, we will refund you. You agree and accept that we shall have no liability to compensate you for any dissatisfaction arising from this.
4.4 We accept payment by Visa and Master credit cards. By placing an order, you authorize us to charge your specified credit card for the amount of the goods at the time we accept your order. The ownership of the goods will not transfer to you until payment has been received.
4.5 We use third-party payment services for online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and retained by us and the payment service provider, subject to their terms and conditions. You agree and accept that you solely and individually bear any loss incurred or arising from your credit card transactions, and we shall not be liable for any total or partial loss in any circumstances.
5. Delivery
5.1 We only deliver to specific areas in Hong Kong from Monday to Saturday, except for the first two days of the Lunar New Year and when a typhoon signal number 8 or above or a black rainstorm warning is in effect. We currently do not deliver to remote areas and outlying islands. We reserve the right to refuse delivery. You agree and accept that you will collect the ordered goods from our store, and under no circumstances will we accept order cancellations or provide refunds.
5.2 We will deliver the goods you ordered to the delivery address you provided, either through our staff or a third-party supplier. Upon receiving the goods, you agree to present a photo identification. Once the goods are delivered to the provided delivery address, they are deemed delivered and received by you. If you are unable to receive the goods for any reason, you agree and accept that we may choose to charge you additional fees or cancel your order.
5.3 Unless otherwise specified, we will make every reasonable effort to deliver your order within 24 hours of accepting it. At the time of ordering, you may select a preferred delivery time slot based on pre-arranged online options.
5.4 We may deliver the goods in one or multiple shipments, and some items may be delivered directly by the supplier. Any specified delivery dates or times provided, or the estimated time for delivery, are only estimates. If we are unable to meet any specified dispatch or delivery date or time, we will notify you of the progress of your order. You agree and accept that under no circumstances will we accept order cancellations or provide refunds.
5.5 Once the purchased goods are delivered to you, you will become the owner of the goods. You will bear the risk of holding the goods, and we will not be responsible for any loss or damage to them.
6. Return or Exchange
6.1 Unless otherwise specified, returns or exchanges are generally not accepted. Please read the return or exchange policy provided by the supplier before placing an order.
6.2 According to the individual supplier's return or exchange policy, if the ordered goods are faulty, defective, or damaged (not due to your fault), or if the goods are not as ordered, or if the delivered quantity is incorrect, you may return or exchange them within seven (7) days from the date of receipt, provided that:
6.2.1 The return or exchange policy is applicable.
6.2.2 The goods are unused and in their original condition as sold, including all parts and accessories provided with the goods, such as manuals, certificates, labels, tags, consumables, bags, and boxes.
6.2.3 The packaging of the goods must be in the same condition as when delivered to you.
6.4 You agree and accept that whether the replacement of goods is accepted depends on stock availability.
6.5 You agree and accept that the acceptance of returns or exchanges is at the sole discretion of the supplier. Under no circumstances will we accept direct returns or be responsible for any damages incurred by you for any reason.
7. Disclaimer and Limitation of Liability
7.1 We do not declare or warrant that access to our website (including the use of mobile applications or software) or any part thereof will be uninterrupted, reliable, or free from errors.
7.2 We do not represent or warrant that our website or any of its content will be accurate, complete, or reliable.
7.3 We do not make any representation or warranty that:
7.3.1 Any service (whether provided by us or not) will be provided with appropriate care and skill; or
7.3.2 Any goods (whether provided by us or not) will be of merchantable quality or fit for any purpose (even if that purpose has been notified to us in advance).
7.4 You agree that no data transmission over the internet can be guaranteed as entirely secure. While we strive to protect such data, we do not guarantee and cannot ensure the security of data transmitted by you to us. You transmit any data to us at your own risk.
7.5 To the extent permitted by law, we exclude all liability to you for any of the following reasons (whether in contract, tort, or otherwise and whether or not caused by our negligence):
7.5.1 Any inaccuracies, errors, or omissions in our website (including any data or technical, factual, textual, or printing-related inaccuracies) or any related matters;
7.5.2 Failure to provide our website (or any part thereof), goods, or services;
7.5.3 Any delay in providing, or failure to provide or make available, goods or services, or any negligent provision of goods or services;
7.5.4 Any goods not being of merchantable quality or fit for their intended purpose; or
7.5.5 Any misrepresentations relating to our website, goods, or services.
7.6 Except as provided by law:
7.6.1 We will have no liability to you for any indirect or consequential loss, damage, or expenses, including loss of profits, business, or reputation arising out of or in connection with any problem you notify us of; and
7.6.2 We will have no obligation to make any payment to you by way of compensation, unless otherwise stated in these terms and conditions.
7.7 You must comply with all applicable regulations and laws, including obtaining all necessary customs, import, or other permits for purchasing goods from our website. We make no representations or assume any liability regarding the export or import of goods purchased by you.
7.8 You agree that these limitations are reasonable in relation to the nature of our website, particularly because each purchase made through our website constitutes a separate contract with the supplier.
7.9 The exclusions above do not affect any statutory rights that cannot be excluded. However, in such cases, our liability (to the extent permitted by law) will be limited to the resupply of services or goods to you.
7.10 Each of the exclusions or limitations above should be construed as a separate and divisible provision within these terms and conditions.
8. Warranty
8.1 You declare, warrant, and undertake not to:
8.1.1 Use our website for any fraudulent or unlawful purposes;
8.1.2 Use our website to defame, abuse, harass, stalk, threaten, or infringe upon the rights of others (including but not limited to their privacy rights or publicity rights);
8.1.3 Obstruct or interfere with the operation of our website or the servers or networks used by our website, or violate any regulations, procedures, policies, or laws related to networks;
8.1.4 Transmit or distribute any harmful or invasive viruses, worms, Trojan horses, or other computer code that may or is intended to damage, monitor, or interfere with the operation of any computer software, hardware, or network;
8.1.5 Reproduce, copy, sell, resell, or utilize any part of our website (including applications or software) for any commercial purposes without our prior written consent.
8.1.6 Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of our website (including using applications or software) without our prior written consent.
8.1.7 Construct or replicate any part of the website without our prior written consent.
8.1.8 Create a database by systematically downloading and storing content, user-generated content, or any website content.
8.1.9 Infringe upon the copyrights, design rights, or intellectual property rights of any goods.
9. Content
9.1 All intellectual property rights to the content are owned, controlled, or licensed by us. Except for the rights granted to you under section 9.2, these terms and conditions do not confer any rights or interests in the content to you, and we reserve all other rights.
9.2 Subject to these terms and conditions, you may use the content for your own personal use.
9.3 Unless you have obtained our explicit written consent or are granted clear authorization under the law, you may not:
9.3.1 Use the content for any commercial or non-personal purposes;
9.3.2 Copy the content or transmit the content to any other device or person; or
9.3.3 Reproduce, distribute, transmit to the public, modify, reformat, create derivative works from, or display the content.
9.4 You acknowledge and agree that if you violate any terms of this clause, we may, at our discretion, cease supplying any content to you.
9.5 We will make all reasonable commercial efforts to ensure the accuracy of the content, but we do not guarantee or represent (expressly or impliedly, statutory or otherwise) the accuracy, quality, completeness, or suitability of the content for any purpose, and we will not be responsible for it. You also agree that advertisers are fully responsible for the advertising content displayed on our website. Placing such advertisements does not constitute our endorsement or recommendation of the advertisers' products, and each advertiser is solely responsible for any statements made in their advertisements. We will not be liable for any losses incurred by you as a result of relying on the accuracy of the information contained on our website.
10. User-generated Content
10.1 When you submit any user-generated content (including all text, files, images, photos, sounds, videos, or other materials) ("User Content") on our website, you grant us a perpetual, irrevocable, non-exclusive, worldwide, transferable, sublicensable, fully paid, royalty-free license to reproduce, distribute, publicly communicate, publicly perform, modify, create derivative works from, display, and otherwise use the User Content on the website (including but not limited to promoting and redistributing parts or all of the website through any media format and any media channels). Without limitation, the rights granted to us under this section 10.1 include the right to grant sublicenses to other website users for the use of User Content as permitted by the website's functionalities from time to time. You hereby waive and agree to cause any other original creators of the User Content to waive all moral rights in the User Content (including the right to be identified as the original creator of the User Content or the right to object to any derogatory treatment of the User Content), whether such rights currently exist or arise at any time in the future anywhere in the world.
10.2 You represent, warrant, and covenant that:
10.2.1 You have the legal rights and authority to grant the license under section 10.1 above;
10.2.2 You are the owner of the User Content and/or have all necessary rights, consents, permissions, and authorizations to grant us the license under section 10.1 above;
10.2.3 By exercising the license under section 10.1 above, we will not infringe upon any third party's intellectual property rights or other rights;
10.2.4 If the User Content identifies any individuals (whether by name, image, or other means), you have obtained all necessary consents and permissions from those individuals to allow us to use the User Content under the license granted in section 10.1;
10.2.5 The User Content does not include any material that may be unlawful, defamatory, obscene, offensive, harmful to any person's safety, intended to harass any person, or unsuitable for display on the website; and
10.2.6 Upon our request, you will provide us with written copies of any consents, permissions, and authorizations that you are required to obtain.
11. Indemnification
You agree to indemnify and hold us and our directors, employees, and contractors harmless from any claims, losses, damages, costs, expenses (including legal expenses), or liabilities, arising out of or related to any breach of the covenants, warranties, representations, or agreements in this agreement. You agree to compensate us and our directors, employees, and contractors and hold us harmless from any damages.
12. Linked Websites
Our website may contain various links (including hyperlinks) that will redirect you to websites outside of our website. These links are provided for your convenience, and the inclusion of any link does not imply our endorsement or approval of the linked website, its operators, or its content. We are not responsible for the content of any website outside of our website.
13. Termination
13.1 If you breach any terms and conditions, we may immediately terminate your access to our website or registration.
13.2 Any rights accrued by either party as of the termination date will remain enforceable after termination.
14. Intellectual Property
14.1 We own, control, or have obtained licenses for the intellectual property rights of all content, user-generated content, designs, text, graphics, and other materials on our website, including their selection or arrangement. Unauthorized use is strictly prohibited without prior written authorization.
14.2 All trademarks, product names, company names, or logos displayed on our website are our property or the property of their respective owners. The use of any such trademarks, appearance, product names, company names, logos, or titles does not imply our endorsement, and such use may constitute an infringement of the rights of the respective owners.
15. General Provisions
15.1 If any statements and warranties in these terms are made by us on behalf of our suppliers, you acknowledge and agree that such statements and warranties are intended to confer rights and benefits on all relevant suppliers, who may rely on and enforce the statements and warranties made by you.
15.2 We reserve the right to modify the content of our website (including the services we provide) and these terms and conditions at any time without notice. Any changes to these terms and conditions will be posted on the website, and continued use of our website after any such changes will indicate your agreement to be bound by the amended terms and conditions. This right includes the right to modify any document that forms part of these terms and conditions.
15.3 We have made every effort to clarify whether the quotes for the products provided on our website include any applicable taxes or duties. If the quotes are not clear in any circumstances, please be aware that you may be responsible for taxes or duties (such as value-added tax) imposed by the suppliers or legislation, in addition to the price.
15.4 We place great importance on privacy issues. Our privacy policy covers any data you provide to us. By using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by our privacy policy.
15.5 We reserve the right, in our sole discretion and without notice, to refuse access to our website or any part thereof to any user, and to refuse our services to any user who violates these terms and conditions.
15.6 We shall not be responsible for any breach of these terms and conditions by you or for any failure to provide or delay in providing our services through the website due to any event or circumstance beyond our reasonable control.
15.7 If any provision of these terms and conditions that is capable of being enforced by a court of competent jurisdiction is found to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision, and the invalid provision shall be deemed severed from these terms and conditions.
15.8 We may assign these terms and conditions or appoint any third party, including a group company, to provide services to you or fulfill any of our obligations under these terms and conditions.
15.9 Without our written consent, you may not transfer or otherwise deal with all or any of your rights and obligations under these terms and conditions.
15.10 These terms and conditions constitute the entire agreement and understanding between the parties in relation to the subject matter hereof and supersede all prior oral or written agreements, understandings, or arrangements relating to such subject matter. Neither party shall have any right to rely on any agreement, understanding, or arrangement not expressly set forth in these terms and conditions.
15.11 These terms and conditions are governed by the laws of Hong Kong. You agree to submit to the exclusive jurisdiction of the courts of Hong Kong.
We reserve the right to terminate or modify the above provisions. In case of any disputes, our decision will be final and binding.
These terms and conditions form an integral part of the general terms and conditions.
