TERMS AND CONDITIONS OF Blossom Minds/ Codekey Cookies/ Fruitsmama for X’mas Hamper Ordering
These terms and conditions (the “Terms and Conditions”) are the terms and conditions upon which Blossom Minds, Codekey Cookies and Fruitsmama (collectively “The Supplier”, “we” or “us”) make our Website (the “Website”) available to you and any of our services which are accessible on or via our related Websites. These Terms and Conditions govern your use of the Website and our services.
1. Order Acceptance Policy
1.1 All orders received are subject to acceptance by us and we reserve the right to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received via the payment method used to place the order.
2. Changes to your order
2.1 Changes to order are not normally allowed. However, due to special circumstances, if you wish to change your order in terms of delivery address, please inform us in writing at least 3 working days before dispatch. We will do our best to accommodate your request.
2.2 Please note that once orders have been “assigned to production”, no changes can be accepted. Please note that during peak days (i.e. on or after 17 December 2018), we are unable to guarantee changes to orders within 3 working days of the intended delivery date.
3. Cancelling your order
3.1 Circumstances where cancellations are not allowed
Please note that orders cannot be cancelled once they have been ”assigned to production”.
4. Incorrect / Incomplete delivery information
4.1 If you provide us with incorrect or incomplete delivery information when placing your order, we will not be able to guarantee delivery.
4.2 We will not be liable for any delay if your order cannot be delivered due to incorrect or incomplete delivery information, and you will therefore not be entitled to a refund or compensation. In addition, even if your order can be delivered, any delay in delivery due to incorrect/incomplete information may result in your order not arriving in perfect condition; no replacement and/or refund can be provided due to an extended delivery time which is detrimental to the quality of our products. To avoid such issues, please ensure at least two contact telephone numbers are provided for the recipient of your order.
4.3 Should a recipient reject delivery of an order, no refund or replacement will be offered.
5. Product Substitution Policy
5.1 Occasionally, we and our local suppliers may not have some items listed in the product description in stock, and substitutions of items of equal or greater value will be necessary to ensure an on-time delivery.
5.2 Images of the hampers and their contents on our Website are for illustrative purposes only. The gift contents will meet the specification in the product description / specification, but may look different from the images displayed on our Website. Please note that where a specific item is unavailable, we will replace with the closest item available of equal or greater value, subject to seasonality and products available from our local suppliers.
6. Late Delivery
6.1 If we are unable to make a delivery due to circumstances beyond our control (for instance, the recipient is unavailable or cannot be located at the time of delivery), you will not be entitled to a refund or replacement. Nevertheless, should the recipient be unavailable when we attempt delivery, we will return the hamper to Fruitsmama office for customer pick-up on the next working day (10:00 am – 1:00 pm). Further to this, the quality of our products will not be guaranteed if any order is delayed due to unavailability of the recipient at the specified delivery address, resulting in your order not arriving in perfect condition. In this case, no replacement and/or refund will be provided. In case where the hamper is not picked up the next working day, we reserve the right to dispose of the product with no right to claim for replacement or refund from you. We also reserve the right to charge for extra delivery expenses incurred.
7. Delivery Times
7.1 We cannot guarantee an exact delivery time or the delivery time slots offered, as this depends on the availability of our logistics team and our local suppliers.
8. Delivery to public addresses
8.1 Orders sent to hotels, companies, universities or public buildings are guaranteed for delivery as far as the front reception/security desk allows. If your delivery is going to such a location, please provide the full name and at least two telephone numbers of the establishment and your recipient and as many delivery details as possible.
8.2 In the case of hospitals, we will need the recipient’s ward and room number. We will attempt to deliver your order in accordance with each establishment’s procedures, but we cannot be held liable if these procedures prevent successful delivery. Please note that many hospitals do not permit delivery to individual rooms, and that most ICUs do not permit flower delivery at all. Please check with the hospital before placing your order.
8.3 If you wish to send hampers to someone staying in a hotel, you should specify their room number (if possible) and the name of the person under which the booking was made. Please note that hotel security often do not allow our drivers past the reception. We will deliver to the reception and ask the hotel staff to call the recipient to collect the hampers from the reception. We are not liable for any delay and/or non-delivery as a result of the hotel staff not informing the recipient of the delivery.
9. Duplicate Orders
9.1 If, for whatever reason, you placed two or more identical orders and if you notified us before the order has been assigned to production, we will issue a full refund for the duplicate order. We are not responsible for orders placed by mistake and no refund or compensation can be offered in such instances.
10. Cut Off Times
10.1 A minimum of 3 working days is required for confirmation of your order (including evidence of payment) before delivery can be arranged. However, these cut off times are guidelines only and, whilst we endeavor to keep to those times in most instances, we may have to move the cut off times forward or back from time to time in order to respond to business situations that may arise. If you wish to order hampers for urgent delivery, please contact us for arrangement well in advance in order to avoid disappointment. Extra delivery charge will apply for special delivery especially for deliveries on or after 17 December 2018.
11. User Comments
11.1 You agree that any material, information or ideas or other intellectual property that you transmit to this site is, and will remain, our property.
11.2 Furthermore, you accept that you are prohibited from posting or transmitting to or from this site any unlawful, threatening, libellous, defamatory, inflammatory, pornographic or profane material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
12. Copyright and Trademarks
12.1 All wording and imagery on all our Websites are copyrighted. You may not copy, modify or distribute all or part of any of our copyrighted works or trademarks, or other content from any of our related Websites, without our express written consent.
13. General
13.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Website from time to time. We will post any changes on the Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access our Website. Changes will be effective four (4) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
13.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Website for any reason at any time.
13.3 The Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.4 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Personal Data (Privacy) Ordinance (Cap.486 of the Laws of Hong Kong) (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions. The information you provide in this form may include personal data as defined in the Personal Data (Privacy) Ordinance. We therefore draw your attention to the section on our Privacy Policy Statement (PPS) at the end of these Terms and Conditions which sets out the policy and practices with regard to any personal data you provide to us.
13.5 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Ordinance (Cap.623 of the Laws of Hong Kong) to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that ordinance.
13.6 In respect of fraudulent misrepresentation, these Terms and Conditions (including any documents and instruments referred to herein) supersedes all prior representations, and agreements between you and us (whether written or oral) and sets the entire agreement and understanding between you and us relating to the subject matter hereof.
13.7 Your purchase will be deemed to have occurred in Hong Kong. These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong and the parties agree to submit to the exclusive jurisdiction of the Hong Kong Courts.
