TERMS AND CONDITIONS

Welcome to www.flmfinefoods.com (“Site”) operated by FLM Fine Foods. FLM Fine Foods offers goods and services subject to the terms and conditions hereunder (“Terms and Conditions”) and privacy policies (“Privacy Policy”). These Terms and Conditions also apply to any order placed via telephone, facsimile and at Fook Lam Moon Hong Kong, 35-45 Johnston Road; Wanchai, Fook Lam Moon Kowloon, 53-59 Kimberley Road, Tsimshatsui and Guo Fu Lou, LG2/F, Empire Hotel, 33 Hennessy Road, Wanchai, FLM Fine Foods Macau (2008, 2/F Galaxy Macau™) hereunder (the “Restaurants”) and other authorized retail outlets.

We reserve the right to update and revise the Terms and Conditions and Privacy Policy at any time at our absolute discretion without notice.  You are advised to review the Terms and Conditions and Privacy Policy periodically.  With the continued use of the Site, you are deemed to have read through, or in the unlikely event that you have any complaints about any products purchased by you from the Site, you can contact us at finefoods@fooklammoon-grp.com.

General Terms of Use

  1. These Terms and Conditions include Legal Notice and Disclaimer and Privacy Policy shall prevail over any other document including any FLM Fine Foods store policy purporting to have a contractual effects.
  2. You will need to register an account to use some of the services available to you on the Site.  In registering an account and in your use of the Site, you agree to (where necessary) provide information about yourself that is not misleading but true, accurate, current, and complete in all respects.  Please refer to our Privacy Policy for more information on how we use your personal data.
  3. You agree to provide complete and updated information to place orders on this Site.  By placing an order using any credit card, payment account or any payment method accept by FLM Fine Foods, you confirm that the credit card/payment account used is legal and is yours or that you have been authorized by the card issuer to use it.
  4. You agree to pay for every order made under your checkout and agree to indemnify FLM Fine Foods for all claims, loss and damages whatsoever made by any third party arising from placing orders and / or during any stage of our delivery service.  You will be responsible for updating your account information including your credit card or payment account particulars with FLM Fine Foods.  You will be responsible for notifying your bank of any changes to your record, or loss, theft or unauthorized use of your credit card or payment account.
  5. We will never ask you for your account’s password either in writing (via email or otherwise), in person or on the phone.  In using the Site, you are responsible for (i) safeguarding any passwords used to access your account and our services, and (ii) all use of our services under your account.  Please take reasonable care in protecting access to your account from any unauthorized use.  If you suspect the security of your account has been compromised or if there is unauthorized use of your account, please contact us immediately.
  6. FLM Fine Foods shall use our best endeavors to prevent any unauthorized entry to your account.  However, FLM Fine Foods shall not be liable for any loss or damages whatsoever if any third party gains unauthorized access to your account using your login.
  7. FLM Fine Foods shall make every effort to fulfill your order placement but shall not be liable to any person if FLM Fine Foods shall decline or become unable to fulfill an order for whatsoever reason, including supply shortage or supply modification. 
  8. FLM Fine Foods has the absolute discretion to refuse registration and / or order placement of a potential customer and to terminate the registration and / or order placement of any customer for any reason whatsoever.
  9. If you are under 18, by registering for an account with us to place an order or otherwise using our services, you agree that you have informed by your parents and guardians prior to such registration or use, and they have approved of such registration or use by you.  FLM Fine Foods reserves the right to only accept orders from you if you are aged 18 or over.
  10. All orders are subject to FLM Fine Foods’ acceptance at its sole discretion, stock availability and confirmation of the order price.  Items in your shopping basket are not reserved and maybe purchased by other customers.
  11. The Site is for your personal use only.  You may not purchase goods from the Site for reselling purposes or commercial exploitation.
  12. We may allow certain designated contents as shown by a “share” sign in the Site to be distributed for non-commercial purpose.  However FLM Fine Foods reserves all rights to all contents in the Site and any unauthorized use of content may result in civil consequences or criminal penalties. 
  13. All payments to be processed under the use of the Site are conducted via third party payment gateways.  FLM Fine Foods has no control over the actual transaction process.  However, our payment processes meet the stringent international security standards and we will use our best endeavors to perform the highest security throughout the entire transaction and maintain traceable records.  In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorized access to any data you provide when using our services.

Price

  1. Prices are shown on the Site in Hong Kong Dollars (HKD) and Hong Kong SAR is the only shipping location, no VAT applies.  For international order placements to be shipped within Hong Kong SAR and your credit card / payment account is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction. 
  2. FLM Fine Foods shall make every effort to ensure that prices, product descriptions and details are updated and accurate but we do not guarantee they are error-free and reserves the right to rectify any error.  Should such unlikely event happen, we will treat the order as cancelled and inform you as soon as possible.
  3. FLM Fine Foods may vary the prices listed on the Site at any time without any notice but such changes will not apply to your purchases that are already in your account.
  4. The prices listed on the Site are for on-line shopping only.  Prices for some goods and services may differ from those charged at our other designated retail outlets and / or the Restaurants.
  5. There may by discrepancies between the on-line bill and the final bill due out-of-stock products, substitutions, special offers and various discounts.  FLM Fine Foods reserves the right to adjust the on-line bill and such adjustments shall be marked on the final bill presented to you at the time of delivery or on the electronic receipt upon completion of payment.
  6. Promotional coupons and codes are non-transferable and will only be displayed at Check Out.  These coupons must be redeemed before the expiry date if applicable. 

 Payments and Orders

  1. Once an order has been placed at Check Out, you may not amend or cancel the order.  An order acknowledgement email with your order number and details of the products you have ordered from us and details of any delivery services you have ordered from the Site will be sent to you.  Such acknowledgment only indicates receipt of your order request.  We reserve the right to not accept, amend or cancel one or all items in your order.  Examples of when we may not accept your order are as follows:
    • If products are shown on the Site but are not available or are incorrectly priced or otherwise incorrectly described;
    • If we are unable to obtain authorization of your payment;
    • If you order multiple quantities of an individual product where such products are to be shipped to more than one delivery address; or
    • If delivery restrictions may apply to a product
  2. Our customer service team act on behalf of FLM Fine Foods in respect of any queries about deliver.  Our customer service staff will follow the purchase process in the Site.
  3. Your order will be accepted and the contract between you and FLM Fine Foods will be completed when the products you have ordered are enlisted in your account under the same Site.  Only the products listed in your account are included in the contract formed.  All sales contracts are therefore concluded in Hong Kong SAR and you understand, accept and agree to the terms and conditions of each and every sale contract.
  4. FLM Fine Foods may change at any time the method by which payments for FLM Fine Foods orders may be effected and we may notify you such changes by email or a notice placed at this site.
  5. When placing an order, you automatically created an account with us on the Site.  Such account created is for your own convenience in handling your delivery of purchased product at time of expiration which varies from product to product.  You are required to complete certain fields on an order form.  We may provide you with and / or ask you to use identifications and passwords and other means for you to be able to access your account on the Site.  Where we do so, it is on the condition that you shall be responsible for ensuring that such identifications and passwords are kept secure and confidential at all times.  You shall comply with all security directions and / or recommendations 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 party.  Without prejudice to our other rights and remedies, we may suspend your access to the Site without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Site.
  6. We are not responsible for any charges or other amounts applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order.
  7. 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

  1. FLM Fine Foods endeavors to deliver the freshest and finest food quality of all products in their best conditions. Most products available on the Site are only prepared or available upon registration of delivery assigned by you under your account which will be made available within 96 hours upon your assignment, excluding Sundays and public holidays. FLM Fine Foods shall not be liable for any delays or non delivery for causes beyond its control. There shall not be any refund or payment of damages in any event.

  2. FLM Fine Foods and our designated delivery partner(s) will only deliver to Hong Kong Island, Kowloon and the New Territories of the Special Administrative Region of Hong Kong including Discovery Bay and Ma Wan on the Lantau Island but not other outlying islands and any PO boxes.
    Delivery schedule :

    Hong Kong Island, Kowloon and New Territories
    (Mon - Fri, 10am - 6pm)

    Ma Wan
    (Fri and Sat, 2pm - 4pm)

    Tung Chung and Discovery Bay
    (Tue - Sat, 2pm - 6pm)

  3. No delivery services shall be available and when typhoon signal No 8 or above or the black rainstorm signal is hoisted. Should weather uncertainty become a risk to either the products you have purchased or to any person delivering your products, FLM Fine Foods reserves the right to retain your delivery assigned until it is safe to do so.

  4. No delivery shall be available to premises situated in buildings which have no legal unloading areas within 50 meters of the building. Delivery service does not include areas that cannot be reached directly by our vehicles or buildings without a functioning lift to the 3/F or above.

  5. Single purchase of HKD2,500.00 or above will be entitled one free delivery to Hong Kong Island, Kowloon and New Territories (single address only).
    Single purchase below HKD2,500.00 will be entitled delivery charge HKD100.00 for each address.

    All delivery assignments and records are shown on your account. You are responsible to notify FLM Fine Foods immediately of any change of details including recipient name, contact number, address or any incorrect information provided when placing the delivery within 72 hours of the placement. FLM Fine Foods shall provide the best effort in fulfilling your delivery requests but any unsuccessful delivery that is result of incorrect or incomplete delivery information provided may subject to additional charges should re-delivery is required.

  6. All deliveries, save where you specifically instruct FLM Fine Foods to fulfill shall be signed off by the designated recipient and the designated or contracted deliveryman of FLM Fine Foods by entering their names and the time of delivery on the delivery form. It is your responsibility to ensure that a person aged 16 or above who is authorized to receive the order is present at the specified time and address of delivery. If no such person is present, the delivery shall be withdrawn and attempted at another time agreed. FLM Fine Foods reserves the right to charge you an extra delivery fee.

  7. FLM Fine Foods reserves the right to decline delivery of the products to any recipient assigned by you at its sole discretion absolutely.

  8. Subject to other terms and conditions herein, FLM Fine Foods insures each order through transit up until it is delivered to you or is collected. You shall sign a confirmation of receipt of the products when the products are collected any by doing so, you accept the responsibility for the products ordered from that moment on. If any recipient fails and / or refuses to sign any confirmation of receipt as required by any delivery worker of or retained by FLM Fine Foods, the corresponding products will not be passed over to that recipient and FLM Fine Foods reserves the right to cancel for delivery of the corresponding products, and FLM Fine Foods shall under no circumstances be responsible or liable for any loss or damage to such products.

  9. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept this signature as an evidence of delivery and fulfillment of your order by FLM Fine Foods. You also accept the associated transfer of responsibility in the same way.

Variation / Cancellation of Order

  1. Once the order is processed and completed and the product(s) are listed on your account on this Site, there is no cancellation. 
  2. Subject to your consent, FLM Fine Foods may substitute a product for another similar product if the initial product ordered by you is unavailable.
  3. If there is no prior consent from you for a substitution, no substitution will be made.

Returns, Exchanges and Refunds

  1. Unless otherwise stated, this Returns Policy applies to online purchases and those made at the Restaurants and the Other Designated Outlets.
  2. No products can be exchanged or returned to FLM Fine Foods whatsoever.
  3. Returns or Refund of purchase or receipt of gifts (as the case may be) may be accepted at the sole discretion of FLM Fine Foods. Should we accept any occasional exchanges at our sole discretion, you will need to present the complete packaging with unconsumed item(s) and the original airway bill issued by our designated courier company for our inspection before we can proceed any further.

Force Majeure

If the performance by FLM Fine Foods of its obligations in this Site is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of FLM Fine Foods, FLM Fine Foods shall be excused from such performance to the extent of such prevention. 

Variations of Terms and Conditions

FLM Fine Foods reserves the right to amend theses Terms and Conditions in its sole discretion.  You are reminded to review the Terms and Conditions prior to submitting any order. Once an order is placed, you are deemed to have accepted the Terms and Conditions prevalent at the time.

Prevailing Language

In the event of any discrepancy in the translation of this text, the English version shall prevail. 

Applicable Law

These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and you and FLM Fine Foods agree to submit to the exclusive jurisdiction of the Hong Kong courts.

Indemnity and Waiver 

  1. At our request, you agree to compensate us fully and hold us, FLM Fine Foods (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the terms of service by you.  This includes the use of the Site by any other persons using your account caused by your action or inaction.
  2. If you breach of terms of service 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 the terms of service.

Complaints

We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise.  Please contact our Customer Service team for any order related complaints or comments. 

Limitations of Liability

By using the Site, you acknowledge that FLM Fine Foods, its parent companies, subsidiaries, the Restaurants or affiliates or their respective board of directors, employees, agents, successors, subsidiaries, divisions, suppliers, vendors, distributors, affiliates or third parties providing information on the Site shall not be liable to any user of the Site or any other person or entity for any direct, indirect, special incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the user or inability to use the Site or any information contained thereon or stored or maintained by FLM Fine Foods, whether based upon warranty, contract, tort, or otherwise, even if FLM Fine Foods has been advised of or should have known of the possibility of such damages or losses.

Data Protection

By placing an order you agree and understand that we may store and process your personal data in accordance with our Privacy Policy.  FLM Fine Foods fully respects the privacy of individuals who access and use the Site.  For details on the type of information we collect, how we use your information and under what circumstances we disclose information please see our Privacy Policy. 

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 provided that your rights under these Terms are not affected.  You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.

Intellectual Property

  1. All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Site (the “Content”), is either owned or licensed by FLM Fine Foods.  All such rights are reserved.
  2. All other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights and patents) in or related to the Site, the products depicted and / or available on the Site 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 FLM Fine Foods 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.

  


 PRIVACY POLICY 

 

General

Respecting and protecting our customers’ privacy and personal data is important to FLM Fine Foods and its related companies (including all subsidiary and affiliate companies) (collectively, “we” or “us”).

Throughout this Privacy Policy, the term “personal data” means any data relating directly or indirectly to you, form which it is practicable for your identity to be directly or indirectly ascertained, and in a form in which access to or processing of the data is practicable.

By visiting the Site or providing us with your personal data via other means (including via Restaurants or telephone enquiry numbers), you agree that we will collect, use and store your personal data in accordance with this Privacy Policy, as amended from time to time.  This Privacy Policy is incorporated into and forms part of our Terms of Service.

We regularly review this Privacy Policy and may revise it by updating this page.  By continuing to use our services after any amendments to this Privacy Policy, you are agreeing to this Privacy Policy as revised.  You are advised to review these updates from time to time.

Use of Personal Data

We collect, use and store your personal data to ensure we can provide various services to you and offer you a personal experience online and at the Restaurants.  This may occur on our Site or via other means.  We will keep your personal data confidential at all times and only collect, use and store it in accordance with this Privacy Policy.

Collection of your personal data

  1. Different types of your personal data may be collected by us, both on our Site and at the Restaurants.
  2. You will be browsing our Site as a guest and we will not collect or use any personal data from you (except when you choose to place an order with us) but you may not be able to use all the services and features that we offer to registered users.
  3. We will only collect information necessary to fulfill the relevant order (such as your name, contact details and payment/credit card information).
  4. We use the personal data you provide to us for the following purposes:
    • To provide our services to you (including assessing any application for and administration of such services).  This includes responding to any questions you may have, providing you with recommendations onproducts on our Site and Restaurants, maintaining your account on our Site and fulfilling any orders you may make with us (including verification and security checks of your details, and processing of your payments).
    • To analyse trends, usage and shopping behavior with us (whether on an individualized or aggregated basis), which helps us better understand how you and our collective customer base access and use our Site and services, for the purposes of improving our services and to respond to customer’s desire and preferences.
    • To provide you with direct marketing communication.
  5. We intend to use your name, telephone number, address and / or email address for direct marketing of our products on our Site and Restaurants. As well as our foods and beverage and catering services.  However, we cannot so use your personal data without your consent.
  6. If you do not wish to allow us to use your personal data for direct marketing of products on our Site and Restaurants and our food and beverage and catering services, please let us know by checking the box and indicating your preference on the statement here (you will be required to log in before landing the page).
  7. If at any point in time you wish us to cease using your personal data for direct marketing, please contact our hotline +852 3423 0388 during office hours between 9am to 6pm, Mondays to Fridays or by email at customerservice@flmfinefoods.com and we shall accommodate your request without charge upon receipt of such notification from you.
  8. If you do not provide your personal data to us, we may not be able to provide all of our services and features to you.
  9. Subject to, or where otherwise required by law or permitted by law to protect our interests, we will (a) only retain your personal data for as long as it is necessary to fulfill the purposes, and (b) erase any of your personal data that we have stored as soon as reasonably practicable, if you choose to delete your account with us.
  10. We automatically collect anonymous data relating to your online session to   provide our services to you, to gather statistical information on our server’s usage and to help us better meet your demands and expectations.  This may include but is not limited to your browser type and version, your operating system and your IP address and / or domain name.
  11. If you are browsing our Site, it places a cookie on your computer and / or personal mobile devices that identifies your computer and / or personal mobile devices to us and allows us to personalize your shopping experience and provide you with various services (such as maintaining the content of your account).  Cookies are small information files stored on your hard drive and are automatically accepted by most browsers.  It does not allow us to access the rest of your computer or your personal data.  Please change your browser’s setting if you do not wish to accept cookies.  Please note that you may not be able to use all features and services offered on our Site if your browser does not accept cookies.

Security and Protection of your Information

  1. We protect the personal data that you provide to us by reasonable physical, electronic and managerial measures.  Please be aware that despite our efforts, no data security measures can guarantee 100% security at all times.
  2. To protect your personal data while you are on our Site, we will encrypt any personal data you transmit to us via our Site using Secure Socket Layer (SSL) – an industry standard for encryption over the Internet.

Disclosure of Your Personal Information

  1. Your personal data held by us will be kept confidential, except we may disclose your personal data to the following parties (who may be located and use your personal data outside of Hong Kong):
    • any financial institutions, charge or credit card issuing companies, credit information or reference bureau, or collection agencies wherever and whenever necessary to establish and support the payment of or for any products and services being requested by you; and
    • any other party where such disclosure is mandated by statutory or contractual obligations or as required by law or court of law, or where such disclosure is necessary to protect our interests (as permitted by law). 
  2. We do not provide your personal data to any other third parties unless your prior express written consent is obtained
  3. This Privacy Policy applies to us and our Site, but not to any other third parties (including any websites maintained by third parties).  Please check and read such third party’s privacy policy before submitting any of your personal data to such third parties (whether via our Site or not).  We do not accept any responsibility or liability for any use or breach of your personal data by such third parties.
  4. We do not use our Site to knowingly solicit any personal data or other information from any persons under the age of 18.  If you are under 18, by visiting our Site you agree that you have informed your parents and guardians about the Privacy Policy prior to such registration or use, and they have approved of such registration or use by you on the terms of the Privacy Policy. 
  5. FLM Fine Foods reserves its rights for the final interpretation of the Terms and Conditions and Privacy Policy.  In case of any inconsistency between the English and Chinese versions of the Terms and Conditions, the English version shall prevail.