TERMS and CONDITIONS

Terms of Use

As a condition of your use of this website, you must not:

  1. Trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us;
  2. Restrict or inhibit any other user from using and enjoying this website;
  3. Post, publish, transmit, reproduce, distribute or in any way exploit any information obtained through this website for commercial purposes; or
  4. Upload, post, publish, transmit, reproduce, or distribute in any way, information obtained through this website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without the prior written permission of the copyright owner or right holder.

All intellectual property rights subsisting in respect of this website belong to Blossom Minds. Except with the express permission of the Company, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of this website itself or create derivative works with respect thereto.

Disclaimer

The information provided by Blossom Minds on this Website is for general information only.  While every effort has been made to ensure that the information on this Website is accurate, Blossom Minds expressly disclaims liability for errors or omissions in such information and materials.

Users who link from Blossom Minds Website to sites provided by other companies should be aware that the information on those sites has been compiled and issued by those organizations.  Blossom Minds accepts no responsibility for the content of any site to which a hypertext link from this site exists and shall not be liable for any loss or damage arising from or related to its use.

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Privacy Policy Statement

[Blossom Minds], and from time to time, its subsidiaries (together the “Supplier”) (and each being “Blossom Minds”, “we”, “us” or “member of the Supplier” for the purposes of this Privacy Policy Statement as appropriate) recognize their responsibilities in relation to the collection, holding, processing, use and/or transfer of personal data under the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”). Personal data will be collected only for lawful and relevant purposes and all practicable steps will be taken to ensure that personal data held by us is accurate. We will use your personal data which we may from time to time collect in accordance with this Privacy Policy Statement.

In relation to personal data supplied to us through our website or otherwise, continued use by you of our website or your continued relationship with us shall be deemed to be your acceptance of and consent to this Privacy Policy Statement, as amended from time to time.

If you have any questions about this Privacy Policy Statement or how we use your personal data, please contact us through one of the communication channels set out in the “Contact Us” section below.

We will take all practicable steps to ensure the security of the personal data and to avoid unauthorized or accidental access, erasure or other use. This includes physical, technical and procedural security methods, where appropriate, to ensure that the personal data may only be accessed by authorized personnel.

Purpose

From time to time we may collect your personal data including but not limited to your name, mailing address, telephone number, email address, for the following purposes:

1. To process your order for our products and services;

2. To provide you with our products and services and administer your account in relation to such products and services; and

3. Other purposes directly relating to any of the above.

Direct marketing

Where you have given your consent and have not subsequently opted out, we may also use your name, telephone number and email address to send promotional materials to you and conduct direct marketing activities in relation to our services offered by other members of the Supplier.

If you do not wish to receive any promotional and direct marketing materials from us or do not wish to receive particular types of promotional and direct marketing materials or do not wish to receive such materials through any particular means of communication, please contact us through one of the communication channels set out in the “Contact Us” section below. To ensure that your request can be processed quickly, please provide your full name, email address, and details of the product and/or service you have ordered.

Transfers of personal data for direct marketing purposes

Except to the extent you have already opted out we may transfer your name, telephone number and email address to other members of the Supplier for the purpose of enabling those members of the Supplier to send promotional materials to you and conduct direct marketing activities in relation to their services.

Other transfers of your personal data

For one or more of the purposes specified above, your personal data may be:

1. Transferred to other members of the Supplier and made available to appropriate persons of the Supplier, in Hong Kong or elsewhere; and

2. Other parties as notified to you at the time of collection.

Compliance with laws and regulations

Blossom Minds and Fruitsmama and other members of the Supplier may be required to retain, process and/or disclose your personal data in order to comply with applicable laws and regulations. We and other members of the Supplier may need to disclose your personal data in order to enforce any agreement with you, protect our rights, property or safety, or the rights, property or safety of our employees.

Access and correction of personal data

Under the PDPO, you have the right to ascertain whether we hold your personal data, to obtain a copy of the data, and to correct any data that is inaccurate. You may also request us to inform you of the type of personal data held by us. All data access requests shall be made using the form prescribed by the Privacy Commissioner for Personal Data (“Privacy Commissioner”) which may be found on the official website of the Office of the Privacy Commissioner or via this link

https://www.pcpd.org.hk/english/publications/files/Dforme.pdf

Requests for access and correction of personal data or for information regarding policies and practices and kinds of data held by us should be addressed in writing and sent by post to us (see the “Contact Us” section below).

Termination or cancellation

Should your account or relationship with us be cancelled or terminated at any time, we shall cease processing your personal data as soon as reasonably practicable following such cancellation or termination, provided that we may keep copies of your data as is reasonably required for archival purposes, for use in relation to any actual or potential dispute, for the purpose of compliance with applicable laws and regulations and for the purpose of enforcing any agreement we have with you, for protecting our rights, property or safety, or the rights, property or safety of our employees, and for performing or discharging our functions, obligations and responsibilities.

Contact us

Blossom Minds

P2P Shop, 90 Hoi Bun Road, Kwun Tong, Kowloon, Hong Kong

info@blossomminds.org

Terms and Conditions

TERMS AND CONDITIONS OF Blossom Minds for Valentine’s bouquet Ordering

These terms and conditions (the “Terms and Conditions”) are the terms and conditions upon which Blossom Minds (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.

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 flower box 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 flower box to Blossom Minds 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 flower box 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 flower box 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 flower box 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 flower box for urgent delivery, please contact us for arrangement well in advance in order to avoid disappointment. 

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, libelous, 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.

Privacy Policy Statement

[Blossom Minds and its subsidiaries (together the “Supplier”) (and each being “Blossom Minds”, ,”we”, “us” or “member of the Supplier” for the purposes of this Privacy Policy Statement as appropriate) recognise their responsibilities in relation to the collection, holding, processing, use and/or transfer of personal data under the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”). Personal data will be collected only for lawful and relevant purposes and all practicable steps will be taken to ensure that personal data held by us is accurate. We will use your personal data which we may from time to time collect in accordance with this Privacy Policy Statement.

In relation to personal data supplied to us through our website or otherwise, continued use by you of our website or your continued relationship with us shall be deemed to be your acceptance of and consent to this Privacy Policy Statement, as amended from time to time.

If you have any questions about this Privacy Policy Statement or how we use your personal data, please contact us through one of the communication channels set out in the “Contact Us” section below.

We will take all practicable steps to ensure the security of the personal data and to avoid unauthorised or accidental access, erasure or other use. This includes physical, technical and procedural security methods, where appropriate, to ensure that the personal data may only be accessed by authorised personnel.

Purpose

From time to time we may collect your personal data including but not limited to your name, mailing address, telephone number, email address, for the following purposes:

1. to process your order for our products and services;
2. to provide you with our products and services and administer your account in relation to such products and services; and
3. other purposes directly relating to any of the above.

Direct marketing

Where you have given your consent and have not subsequently opted out, we may also use your name, telephone number and email address to send promotional materials to you and conduct direct marketing activities in relation to our services offered by other members of the Supplier.

If you do not wish to receive any promotional and direct marketing materials from us or do not wish to receive particular types of promotional and direct marketing materials or do not wish to receive such materials through any particular means of communication, please contact us through one of the communication channels set out in the “Contact Us” section below. To ensure that your request can be processed quickly, please provide your full name, email address, and details of the product and/or service you have ordered.

Transfers of personal data for direct marketing purposes
Except to the extent you have already opted out we may transfer your name, telephone number and email address to other members of the Supplier for the purpose of enabling those members of the Supplier to send promotional materials to you and conduct direct marketing activities in relation to their services.

Other transfers of your personal data

For one or more of the purposes specified above, your personal data may be:

1. transferred to other members of the Supplier and made available to appropriate persons of the Supplier, in Hong Kong or elsewhere; and

2. other parties as notified to you at the time of collection.

Compliance with laws and regulations

Blossom Minds and other members of the Supplier may be required to retain, process and/or disclose your personal data in order to comply with applicable laws and regulations. We and other members of the Supplier may need to disclose your personal data in order to enforce any agreement with you, protect our rights, property or safety, or the rights, property or safety of our employees.

Access and correction of personal data

Under the PDPO, you have the right to ascertain whether we hold your personal data, to obtain a copy of the data, and to correct any data that is inaccurate. You may also request us to inform you of the type of personal data held by us. All data access requests shall be made using the form prescribed by the Privacy Commissioner for Personal Data (“Privacy Commissioner”) which may be found on the official website of the Office of the Privacy Commissioner or via this link https://www.pcpd.org.hk/english/publications/files/Dforme.pdf Requests for access and correction of personal data or for information regarding policies and practices and kinds of data held by us should be addressed in writing and sent by post to us (see the “Contact Us” section below).

Termination or cancellation

Should your account or relationship with us be cancelled or terminated at any time, we shall cease processing your personal data as soon as reasonably practicable following such cancellation or termination, provided that we may keep copies of your data as is reasonably required for archival purposes, for use in relation to any actual or potential dispute, for the purpose of compliance with applicable laws and regulations and for the purpose of enforcing any agreement we have with you, for protecting our rights, property or safety, or the rights, property or safety of our employees, and for performing or discharging our functions, obligations and responsibilities.

Terms and Conditions

TERMS AND CONDITIONS OF Blossom Minds X Citibank Promotion Terms and Conditions

These terms and conditions (the “Terms and Conditions”) are the terms and conditions upon which Blossom Minds (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, 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 cancelations are not allowed

Please note that orders cannot be canceled 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 products and their contents on our Website are for illustrative purposes only. The 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 product to Blossom Minds Shop for customer pick-up on the next working day (11:30 am – 2:30 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 product 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 room, 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 products 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 product 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 submission 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. 

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.

Terms and Conditions

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.

Privacy Policy Statement

[Blossom Minds, Codekey Cookies and Fruitsmama], and from time to time, its subsidiaries (together the “Supplier”) (and each being “Blossom Minds”, “Codekey Cookies”, “Fruitsmama”,”we”, “us” or “member of the Supplier” for the purposes of this Privacy Policy Statement as appropriate) recognise their responsibilities in relation to the collection, holding, processing, use and/or transfer of personal data under the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”). Personal data will be collected only for lawful and relevant purposes and all practicable steps will be taken to ensure that personal data held by us is accurate. We will use your personal data which we may from time to time collect in accordance with this Privacy Policy Statement.

In relation to personal data supplied to us through our website or otherwise, continued use by you of our website or your continued relationship with us shall be deemed to be your acceptance of and consent to this Privacy Policy Statement, as amended from time to time.

If you have any questions about this Privacy Policy Statement or how we use your personal data, please contact us through one of the communication channels set out in the “Contact Us” section below.

We will take all practicable steps to ensure the security of the personal data and to avoid unauthorised or accidental access, erasure or other use. This includes physical, technical and procedural security methods, where appropriate, to ensure that the personal data may only be accessed by authorised personnel.

Purpose

From time to time we may collect your personal data including but not limited to your name, mailing address, telephone number, email address, for the following purposes:

1. to process your order for our products and services;
2. to provide you with our products and services and administer your account in relation to such products and services; and
3. other purposes directly relating to any of the above.

Direct marketing

Where you have given your consent and have not subsequently opted out, we may also use your name, telephone number and email address to send promotional materials to you and conduct direct marketing activities in relation to our services offered by other members of the Supplier.

If you do not wish to receive any promotional and direct marketing materials from us or do not wish to receive particular types of promotional and direct marketing materials or do not wish to receive such materials through any particular means of communication, please contact us through one of the communication channels set out in the “Contact Us” section below. To ensure that your request can be processed quickly, please provide your full name, email address, and details of the product and/or service you have ordered.

Transfers of personal data for direct marketing purposes
Except to the extent you have already opted out we may transfer your name, telephone number and email address to other members of the Supplier for the purpose of enabling those members of the Supplier to send promotional materials to you and conduct direct marketing activities in relation to their services.

Other transfers of your personal data

For one or more of the purposes specified above, your personal data may be:

1. transferred to other members of the Supplier and made available to appropriate persons of the Supplier, in Hong Kong or elsewhere; and

2. other parties as notified to you at the time of collection.

Compliance with laws and regulations

Blossom Minds, Codekey Cookies and Fruitsmama and other members of the Supplier may be required to retain, process and/or disclose your personal data in order to comply with applicable laws and regulations. We and other members of the Supplier may need to disclose your personal data in order to enforce any agreement with you, protect our rights, property or safety, or the rights, property or safety of our employees.

Access and correction of personal data

Under the PDPO, you have the right to ascertain whether we hold your personal data, to obtain a copy of the data, and to correct any data that is inaccurate. You may also request us to inform you of the type of personal data held by us. All data access requests shall be made using the form prescribed by the Privacy Commissioner for Personal Data (“Privacy Commissioner”) which may be found on the official website of the Office of the Privacy Commissioner or via this link https://www.pcpd.org.hk/english/publications/files/Dforme.pdf Requests for access and correction of personal data or for information regarding policies and practices and kinds of data held by us should be addressed in writing and sent by post to us (see the “Contact Us” section below).

Termination or cancellation

Should your account or relationship with us be cancelled or terminated at any time, we shall cease processing your personal data as soon as reasonably practicable following such cancellation or termination, provided that we may keep copies of your data as is reasonably required for archival purposes, for use in relation to any actual or potential dispute, for the purpose of compliance with applicable laws and regulations and for the purpose of enforcing any agreement we have with you, for protecting our rights, property or safety, or the rights, property or safety of our employees, and for performing or discharging our functions, obligations and responsibilities.