TERMS AND CONDITIONS
These terms and conditions (“Terms”) apply to all sale and purchase of goods (“Goods”) effected through online shops operated on websites owned and/or operated by Coffee Mountain Limited (collectively, “Websites”). These Terms do not govern any sale and purchase of goods effected at other Coffee Mountain Limited authorized third party online sale channels.
All references in these Terms to “we”, “us” and “our” will mean “Coffee Mountain Limited “.
- Sale and Purchase
1.1 We will only deliver Orders within the following territories (collectively, the “Territories” and each a “Territory”):
– the Hong Kong Special Administrative Region (“Hong Kong”);
– the Macao Special Administrative Region (“Macau”);
– the People’s Republic of China (“China”)
1.2 We will sell and deliver the Goods to end user customers only. You confirm and warrant that your Order of Goods is for your personal use as an end user, and not for resale to any third party or for any other commercial purposes whatsoever. We reserve the right to decline your Orders if we reasonably believe that your purchase of Goods is not for personal use as an end user.
1.3 We may restrict the maximum aggregate monetary amount of each Order and the number of Orders you may place per calendar day. These restrictions will be specified in the Order.
1.4 We may take into account the membership account through which such Orders are placed, the credit/debit card used for payment thereof, your Internet protocol (IP) address and such other distinctive aspects of such Orders, whether independently or collectively, in tracing and/or identifying the Orders placed by you. If any dispute arises under an Order, our determination will be final and conclusive.
- Placing Orders
2.1 The online shopping facility on the Websites is available only to registered members of the Websites.
2.2 Before ordering, you have the responsibility to determine that the Goods can be lawfully and legally imported to the destination country/region.
2.3 Information contained on the Websites constitutes an invitation to treat only, which may not be regarded as an offer by us to supply any goods.
2.4 We make no guarantee that the goods shown on the Websites will be available for sale at all times.
2.5 You may place an Order by completing the following four steps: (i) adding the Goods into your “shopping cart”; (ii) filling in the electronic order form (“Order Form”); (iii) submitting the completed Order Form; and (iv) submitting confirmation of your Order (“Confirmation”) ((i) to (iv) collectively, “Order Process”). Once you have submitted the Confirmation, you may not, to the fullest extent permitted by applicable law, cancel or vary the Order in any manner or form.
2.6 You represent and warrant that you are at least 18 years old and have the legal capacity to enter into legally binding contracts.
2.7 Your placing of an Order will constitute an offer from you to us to purchase the Goods contained in that Order. We have absolute discretion to accept any Order or to decline any Order without ascribing any reason for declining an Order.
2.8 If your Order is accepted, you will receive a written acceptance (“Acceptance”). A legally binding contract for the sale and purchase of Goods between you and us will only be formed when an Acceptance has been issued. The Full Set of Terms, together with the Order and the Acceptance, constitute the entire agreement and understanding between you and us in relation to the sale and purchase of the Goods (“Contract”) and will supersede all previous correspondence, understandings and agreements, if any, between you and us in respect of the same. To the extent of any inconsistency between the terms of Order and Acceptance and the Full Set of Terms, the terms of Order and Acceptance will prevail.
2.9 Notwithstanding any provision to the contrary, we reserve the right to refuse processing or fulfilling an Order (whether accepted or not) in the event that any lawful reason arises or any circumstance not within our control or expectation occurs which prevents or restricts us from delivering the Goods under such Order or which otherwise renders us unable to fulfill or perform such Order. In such an event, we will refund to you the amount already paid by you for such Goods (excluding any fees charged by banks, credit/debit card companies or other service providers).
2.10 The quantity, description and specification (if any) of Goods set out in a Confirmation will be final and conclusive evidence of the same. Despite the foregoing, while we will make every effort to describe the Goods as accurately as possible, the actual characteristics of the Goods may differ slightly from those set out on the Websites and/or Confirmation. To the fullest extent permissible under applicable law, we expressly disclaim any representation or warranty as to the accuracy of the characteristics of the Goods , and we will not be liable to you for any inconsistency or discrepancy in respect thereof.
2.11 You are responsible for ensuring the completeness and correctness of all information provided in connection with your Order. We will not be liable for any failure or delay in discharging our obligations or performing our duties under a Contract if such default is related in any way to incomplete, incorrect or misleading information provided by you. You undertake to indemnify and hold harmless us, our officers, agents, employees, contractors, other representatives and affiliated companies (including but not limited to our holding companies, subsidiaries and group members) from and against all claims, losses, damages, charges, taxes, duties, costs and expenses incurred or suffered as a result of your provision of incomplete, incorrect or misleading information.
- Payment Terms
3.1 Unless otherwise specified by us, all prices quoted on the Websites are in Hong Kong dollars and are subject to adjustment at our absolute discretion from time to time without prior notice to you. Our other COFFEE MOUNTAIN LIMITED authorized third party online sale channels or COFFEE MOUNTAIN LIMITED retail shops are under no obligation to match the prices quoted on the Websites and vice versa.
3.2 The purchase price of Goods (“Price”) will be the price specified in the Confirmation. In any event, the total price stated in the Confirmation will be final and conclusive.
3.3 Prices are exclusive of any and all applicable shipping fees, delivery charges, handling fees, insurance charges and Taxes.
3.4 You, being the recipient or deemed recipient of the Goods, will be the importer of record and the person who must comply with all import and customs laws and regulations of the destination country. You will be responsible for the payment of any and all Taxes payable on the purchase of Goods. “Taxes” means any present or future taxes (including taxes on goods and/or services), rates, levies, imposts, duties (including customs duties and stamp duties), deductions, charges, compulsory loans and withholdings (other than any such taxes on the overall net income of a party) which may be incurred in any jurisdiction and any interest, penalties, fines or expenses relating to any of them. You acknowledge that the payment of such Taxes is necessary for the Goods to be cleared by and released from the customs authority of the destination country and/or delivered to the designated delivery address.
3.5 We make every attempt to avoid errors in pricing and product information. If a mistake does occur, we reserve the right and absolute discretion to correct it, refuse or cancel any Order placed, or terminate the relevant Contract.
3.6 Unless otherwise specified by us, payment for Goods will be effected in Hong Kong dollars by way of credit/debit card accepted on our issuance of the Acceptance. You hereby represent and warrant that you are the legitimate holder of the credit/debit card used for payment for the Goods. If the credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank or card provider.
3.7 Your credit/debit card payment will be processed by such service provider as we may engage from time to time (“Payment Processor”). Your credit/debit card particulars will be passed onto the relevant financial institution through the Payment Processor. We do not and will not retain any of your credit/debit card particulars.
3.8 Invoice for payment of Goods will be sent to your designated email address.
3.9 We will not be liable for any loss or damage arising directly or indirectly from:
(a) your failure to protect your personal data during the course of effecting any payment online;
(b) your failure to provide complete and accurate information during the online payment process; or
(c) any other reasons in connection with the specified mode of payment.
- Delivery of the Goods
4.1 Subject to full payment in accordance with the provisions herein, the Goods (i) will be delivered to the designated delivery address within the Hong Kong Delivery Zone (as defined in the Jurisdiction Specific Terms) or will be available for pick-up at the designated COFFEE MOUNTAIN LIMITED retail shop in Hong Kong or Macau; or (ii) will be delivered to the designated delivery address within the Overseas Delivery Zone (as defined in the Jurisdiction Specific Terms) subject to payment of applicable delivery charges and additional chargesas we may determine from time to time.
4.2 We will not deliver Goods to a delivery address which is a post office box, locker room, hotel, library, empty flat or such other locations as we may at our sole discretion determine as unacceptable.
4.3 We will not deliver Goods to any place that falls outside the Territories.
4.4 While we endeavor to have Goods delivered to you as soon as practicable, we make no guarantee or warranty as to the delivery date and time of the Goods which may be affected by matters outside of our reasonable control or any other factors or uncertainties, including without limitation customs clearance procedures.
4.5 Time of delivery of the Goods will not be of the essence and is only our best estimate. Under no circumstances will we be liable to you for any delay (however caused) in respect of the delivery of the Goods (whether or not the same has been notified to you).
4.6 Delivery of the Goods shall be deemed to have taken place when they are delivered to the designated delivery address or picked up at the COFFEE MOUNTAIN LIMITED retail shop.
4.7 If we are not able to deliver the Goods to the designated delivery address due to reasons or uncertainties beyond our control or due to your provision of incomplete or inaccurate information or if the Goods are not picked up at a COFFEE MOUNTAIN retail shop in Hong Kong or Macau, we are entitled at our sole and absolute discretion, without prejudice to our other rights and remedies, to:
(a) store such Goods at such place as we determine until delivery and charge you for any taxes and duties, delivery, insurance, storage and other charges we incur for storage and re-delivery of the Goods; or(b) refund to you the Price paid for such Goods net of any and all taxes and duties, shipping, delivery, handling and insurance charges, and we shall have the right to dispose such Goods in our sole discretion.
4.8 We reserve the right to revise any delivery service terms from time to time without prior notice.
- Passing of Risk and Title
5.1 Title to the Goods will pass to you upon our receipt of your full payment for the Goods. Risk in the Goods will pass to you upon delivery of the Goods to the designated delivery address or the Goods being picked up at the COFFEE MOUNTAIN LIMITED retail shop. Notwithstanding anything contained herein, we will not be responsible for any damage to the Goods due to any omissions, acts or events beyond our reasonable control.
- 5-Day Money Back Guarantee (Hong Kong Only)
6.1 Subject to the provisions herein, if you are unsatisfied with the Goods, you may return them provided that: (i) you have lodged your request for refund to the email address for return of Goods specified on the Website within 5 calendar days (or such other period required by law) after its date of delivery or pick-up (whereupon we will normally issue an acknowledgement of claim by return email within 3 working day after receipt of such notice); and (ii) the Goods returned are in its original condition and packaging and have not been used. If you do not receive any acknowledgement from us within the aforesaid 3-day period, you are under a duty to call our customer service hotline to lodge your claim within 7 days following the date of delivery or pick-up of the Goods.
6.2 If a claim is lodged in accordance with the provisions herein, we will endeavour to refund to you the amount paid for the Goods, net of any and all applicable taxes and duties, handling, shipping, delivery and insurance charges, within 30 working days after we have received the Goods. We retain the right to charge a reasonable administrative fees for our processing your application for a return or refund.
6.3 Any claim not made in the manner set out in this Clause above will not be processed, considered or accepted.
6.4 All costs, expenses and risks arising from or in connection with the return of the Goods (including without limitation, shipping, delivery, insurance, handling and administrative charges) will be borne by you entirely. COFFEE MOUNTAIN LIMITED shall not bear any responsibility for any losses, direct or otherwise, that may arise from loss or damage of the Goods arising from or in connection with the return of the Goods.
6.5 Refund of payment will be made to the credit/debit card account that was used for payment of the Goods.
6.6 Goods must be returned in its original unaltered condition and original packaging. If the Goods have been worn or used, they shall no longer be eligible for return or refund hereunder.
6.7 Unless you have proven to our satisfaction that damage, defacement, fault or defectiveness in the Goods was caused by us or our delivery service provider, any Goods that are damaged, defaced, faulty or defective will not be eligible for return or refund.
6.8 Subject to applicable law, the right to return or refund hereunder for each registered account will be limited to one claim per delivery address in every 6 months. No Goods can be returned more than once.
6.9 To the extent permitted by applicable law, we reserve our right to decline any claim for return or refund lodged hereunder, and if a dispute arises hereunder, our decision will be final and conclusive.
6.10 To the extent permitted by applicable law, under no circumstances will we replace or exchange Goods.
- Ancillary Services
7.1 Each of the ancillary services set out in this Clause (“Ancillary Services”) are provided at the sole discretion of COFFEE MOUNTAIN LIMITED who may at any time, for any reason and with no notice, terminate the provision of these Ancillary Services.
- Liability under the Contract
8.1 The Full Set of Terms and the Contract set out the full extent of our obligations and liabilities in respect of the Websites and sale of Goods. Except as expressly stated otherwise, and to the extent permitted by applicable law, the Websites and the Goods are provided “as is”, without any representation, warranty or condition, whether express or implied, whether based on common law, statute or otherwise. We specifically disclaim and exclude any implied warranties of quality, merchantability, fitness for a particular purpose, non-infringement and any additional damages, compensation or indemnification.
8.2 To the extent permitted by applicable law, we and all our officers, agents, employees, contractors, other representatives and affiliated companies (including without limitation holding companies, subsidiaries and group members) will not be liable for any: (i) indirect, special, incidental, consequential or punitive losses, damages or expenses; and (ii) damages for economic loss, loss of profits or loss of any of the following – revenue, clients, bargain, goodwill, anticipated savings, use of products, arising out of, in connection with or related to the Websites and the sale of goods, howsoever arising, including as a result of negligence.
8.3 The exclusion of liability herein applies regardless of the basis on which such liability arises, whether for breach of contract, in tort (including negligence), in equity, under statute, under an indemnity, for breach of conditions and warranties implied by custom, the general law or statute, in respect of any claims by a third party against you or otherwise and whether or not we were aware or should have been aware of the possibility of such loss.
8.4 You must observe and comply with all applicable laws and regulations, including obtaining all necessary customs, import or other permits to purchase and receive Goods from us. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
8.5 Our maximum aggregate liability to you, or to any third parties, whether in contract, tort or otherwise, arising out of, or in connection with the Contract is limited to the amount paid by you for the Order in respect of which the claim arises.
9.1 To the extent permitted by applicable law, we give no warranty as to the accuracy of the information contained on the Websites and accept no liability arising from any inaccuracy of the information therein contained. Any typographical error, clerical or other error or omission on the Websites, sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us may be corrected or amended at any time without any prior notice or liability on our part.
- General Terms
10.1 No failure or delay by us in exercising any right, power or remedy will operate as a waiver thereof, nor will any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of the Full Set of Terms or the Contract will be deemed to be a waiver of any subsequent breach of that or any other provision of the same.
10.2 We will not be liable for any default of obligations or duties directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, equipment failures (including but not limited to internet system failure), or any other causes beyond our reasonable control.
10.3 You may not assign or transfer any rights or obligations under the Full Set of Terms or the Contract to any third person without our prior written consent.
10.4 We reserve the right to amend the Full Set of Terms from time to time without prior notice to you.
10.5 The provisions contained in each clause of the Full Set of Terms and the Contract are enforceable independently of each of the others and its validity will not be affected if any of the others is invalid. If any provision is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions will not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there will be added as part of the Full Set of Terms and the Contract one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
10.6 Both the Full Set of Terms and the Contract are governed by and construed in accordance with the laws of Hong Kong.
10.7 The parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong.
For any enquiries, please contact the COFFEE MOUNTAIN Customer Service Centre through the Online Customer Service available on the Websites, or by email to the address set out in the Order or by calling our customer service hotline at as set out on the Websites.
JURISDICTION SPECIFIC TERMS
1.1 “Hong Kong Delivery Zone” means anywhere within Hong Kong to the exclusion of outlying islands, Lantau Island, Ma Wan, Discovery Bay, villages in the New Territories (including without limitation “Wai Tsuen (圍村)”), restricted area / zone where entry or access thereto requires specific permit or licence and such other place(s) as we may decide from time to time at our sole discretion.
Other Territories (excluding Hong Kong)
2.1 “Overseas Delivery Zone” means anywhere within the states and/or territories of Australia, Canada, Malaysia, Singapore, USA, UK, Italy and the Philippines each to the exclusion of any remote or other locations as we may decide from time to time at our sole discretion. We reserve the right to amend or adjust the definition or meaning of “Overseas Delivery Zone” in our absolute discretion from time to time without prior notice to you.