0 0
My cart
Welcome to Frutodor

Welcome to Frutodor.com, the leading one-stop online shop for Fine Fruits in Hong Kong.These terms apply to the situation when you visit our website, or register to be our member, purchase our products and use our service.You declare that you have read and understand all terms and conditions in these terms of use. If you do not agree to these terms of use, please do not use our service.

 We reserve our right to modify any part of these terms and conditions at any time by posting the modified version on our site. Unless as otherwise stated below, all modifications shall automatically be effective upon posting on our site and shall supersede any previous versions of these terms and conditions. You agree to review these Terms of Use on our site regularly to ensure that you are aware of any modifications. Your continued access and/or use of our service after changes are posted constitute your acceptance of these Terms and Conditions as modified by the posted changes.

 

1. Our Service

Our Service permits you to access to and/or view content, including but not limited to text, dialogues, scripts, graphics, photos, sounds, voice, music, videos, audiovisual combinations, data, information and/or other materials by streaming only on or through our site, and to enjoy certain social media features and interactive functions among users under the terms and conditions.

2. Order

A. When you order products and services from our e-shop, it means that you agree to place your order in compliance with these terms and conditions and all such terms and conditions stipulated by us of the relevant merchandise from time to time. 

B. When you place an order, you are making an offer to buy from us you have specified at the price stated for those products and services. Once your order is submitted, you shall not cancel the order, or ask for a refund, or ask for payment to be transferred or offset for payment of other products or services, notwithstanding our acceptance or rejection of your order is still pending.

C. You agree and authorize us to use and transfer your information provided for the order of the merchandise (including name, contact number and delivery address, payment information, etc.,) to any agent, supplier who provides administrative and logistics service(s) and payment gateway in connection with the process of the purchase, supply and delivery of that merchandise.

D. Except where otherwise specified, you agree that the merchandise are supplied by third party and are not related to us. Pictures of the merchandise are for reference only, and you should always look up to the real product.

E. We will acknowledge your order to confirm that we have received your order by email, massage, telephone and so on. The confirmation information will provide:
(a) details of what you have ordered,
(b) details of the price charged, and
(c) information about the progress of your order.
This communication will be our acceptance of your order. You may track your order status according to our specified means.

F. Our acceptance of your order will only cover the merchandise mentioned in our confirmation email and may not cover all the merchandise you ordered.

G. The availability of the merchandise is as shown online and will be updated regularly, but they should not be relied on as definite statements as to whether the merchandise you wish to purchase are actually in stock.

H. We reserve our absolute right to reject or cancel an order at our sole discretion without the obligation to provide you with any reason. Without prejudice to the foregoing, we may reject or cancel an order under any of the following circumstances:
(a) you have provided incorrect or inaccurate information when placing your order;
(b) the Merchandise you ordered is out of stock;
(c) no delivery can be arranged for your area; or
(d) one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error.

I. If we cancel your order, we will notify you by email or message and will make a refund as soon as possible but in any event within thirty (30) days of your order. You hereby agree that we shall not offer you any compensation for your disappointment or loss suffered.

J. We reserve our rights to amend or vary contents of our e-shop (including the services provided by us), these T&C and other terms and conditions for placing individual merchandise from time to time without notice to you. Any of the aforesaid changes will be posted on our e-shop (and/or our Site). Should you continue to access our e-shop after changes to these T&C and such other terms and conditions, you shall be deemed to have agreed to these T&C and such other terms and conditions as amended and agreed to be bound by them.

 

3. Price and Payment

A. Unless otherwise specified, all currency references are in HK dollars and the date-and-time we refer to is Hong Kong Time Zone.

B. We will make every reasonable commercial effort to ensure that prices of the merchandise at our e-shop are up-to-date. Prices are subject to change without prior notice.

C. If the price of the products and services is higher at the time we are ready to send our acceptance of your order to what it was at the time you place your order, then we will either: (a) cancel your order, or
(b) contact you to ask you whether you wish to pay the higher price or cancel your order.

D. If we cancel the order after you have already made payment, we will make a refund. You agree and confirm that we shall not offer you any compensation for any disappointment or loss suffered by you.

E. We accept credit card payments made by Visa/Master/Americian Express/Discover and other payment methods. When you place an order, you shall be deemed to have authorized us to debit from the credit card or other payment method you specify on your order for the amount of the order at the time we send our acceptance of your order.

F. We have the right, at any time and in our sole discretion, to accept or reject the payment method selected by you. If no effective payment method is in place (e.g. the information provided by you or the cardholder is inaccurate or outdated) or we suspect, in our reasonable opinion, that you make unusual purchases, your transaction may be suspended or cancelled. We shall not compensate you for such suspension or cancellation.

G. Any dispute regarding payment on the invoice must be raised within thirty (30) days of the invoice date notwithstanding, where relevant, any terms to the contrary in any cardholder agreement with the bank or with the payment service provider.

H. Title in the merchandise will not pass to you until payment has been received.

I. We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making online transaction, and in no event shall any such losses in whole or in part be borne by us.

J. We may engage an external debt collection agency to recover for us any outstanding payment from you or cancel your order without prior notice. In which case, you will have to pay us additional liquidated damages, which sum shall not exceed the amount we pay to the debt collection agency as service fees. Such additional sum will be calculated by the debt collection agency as part of your debt owed to us.

 

4. Online Purchase Disclaimer

A. We do not represent or warrant that:
(a) access to our e-shop or any part of it, will be uninterrupted, reliable or fault-free;
(b) our e-shop or any of its contents will be accurate, complete or reliable;
(c) any services (whether or not provided by us) will be provided with due care and skill; or
(d) any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).

B. To the fullest extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
(a) any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our e-shop or any information on our e-shop;
(b) the unavailability of our site (or any part of it), merchandise or services;
(c) any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services; or
(d) any misrepresentation on or relating to our e-shop, the merchandise or the services.

C. We will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us.

D. To the fullest extent permissible by laws, we disclaim as follows:
(a) we shall not be responsible to any person nor shall indemnify any party in respect of any use and/or enjoyment, or any failure to use or enjoyment of the Merchandise; or for any claim of loss or damage as a result of the aforesaid;
(b) we make no representation or warranty to the quality, fitness, merchantability or any other aspect of the Merchandise;
(c) the placement of any information concerning the Merchandise in our e-shop does not constitute a recommendation or endorsement by us of the merchandise. We shall not be liable to you or any person for loss suffered as a result of reliance by you or any person upon the information contained in our e-shop;
(d) we shall not be responsible to you and/or the user of the merchandise, or any person for any (i) personal injury; (ii) burgle, loss or damage of property; (iii) and/or any other liability (including without limitation to tax liability), claims, requests, proceedings and/or damages, compensations arising under any circumstances of or in relation to the merchandise, and/or the use or enjoyment of the merchandise (whether now known or arising in the future);
(e) we shall not be liable to replace or reissue or to arrange for the aforesaid any Merchandise which is lost or stolen.

E. We reserve all rights to reject any user form entering into our e-shop or any part thereof without notice at our sole discretion, and we reserve our rights to reject providing our service to any user who violates any terms and conditions imposed by us.

F.We shall not be liable to you or any third party for any delay or failure to perform caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.

H. If you want to use, order or receive any services and/or products from any Supplier, please note that any personal information you provide, once transferred to the relevant Supplier, is beyond our control and thus outside the scope of protection afforded by us.

I. This Section 4 will survive the termination or expiry of these terms and conditions and/or your use of our service.


 5.Your Warranties

A. You and user of the Merchandise shall bear all responsibilities and risks arising from or in relation to the use and/or enjoyment of the Merchandise. You and user of the merchandise agree to discharge us from all liabilities for any damages, losses, claims, litigation or any other legal responsibilities incurred or suffered by you and/or user of the merchandise arising from or in relation to the aforesaid, or from the failure of delivery of the merchandise.

B. This Section 5 will survive the termination or expiry of these terms and conditions and/or your use of our service.


6. Promotion Code

A. Promotion code or coupon offered by us shall only be applicable for one-off purchase in our e-shop subject to special terms and conditions.

B. Promotion code or coupon is neither refundable nor redeemable for cash nor extendable for use, and with no change provided. Any unused or expired amount will be forfeited.

C. If you have used promotion code or coupon in your purchase and subsequently ask for a refund of which we have accepted, we may at our discretion retain an amount equal to the purchase price deducted due to your use of promotion code or coupon.

D. We reserve the right to terminate or vary the above offers. In the event of any dispute, our decision shall be final and conclusive.


7. Requirements for Use of Our Service

Use of our service requires compatible devices, Internet access, and periodic updates. You acknowledge that you are responsible to obtain and maintain at your own expense all equipment, systems, software, and/or services needed to access our content and service.


8. Site Content

A.Use of our site, and/or all content contained within our site is entirely at your own risk. You may access content for your information and personal, non-commercial use solely as intended through the provided functionality of our service and as permitted under these terms and conditions. We and the respective contributors of content reserve all rights not expressly granted in and to our service and the content.

B. You understand that when using our service, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify us and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of our service.

C. This Section 8 will survive the termination or expiry of your use of our service.


9. Your Use of Our Service

A. You agree:
(a) to abide by all applicable laws, these terms and conditions and any other operating and/or usage rules applicable to our service and the content, as amended from time to time;
(b) that any person who uses our service and the content under your account (whether or not approved by you) shall be deemed to be your use of our service and the content;
(c) to use our service, our site, and/or the content in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of our service by any third party. Such restriction or inhibition includes any disturbing, threatening, violent, immoral, pornographic or defamatory statement, engaging in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person or disruption of normal follow of dialogue and/or interactive mode via our service;
(d) not to and not to allow any person collect money or other consideration for the use or access of our service, our site and the content under any circumstances, unless expressly permitted under these terms and conditions;
(e) to be responsible for any costs you incur to access our service, our site, the content and Internet connection; and
(f) that unless explicitly stated otherwise, any new features that augment or enhance our service shall be subject to these terms and conditions.

B. Unless with our prior written permission, you are not allowed and you shall not permit any party to:
(a) use our service, our site, and the content for any purpose or use not explicitly provided under these Terms of Use;
(b) use our service, our site, and the content on any device that you do not own or control;
(c) load or copy our service and/or the content in any device and promote, sell, circulate or distribute them in the market;
(d) reproduce, duplicate, copy, reverse engineering, sell, sub-license, translate, decompile or disassemble, make available, publish or otherwise exploit, any portion of our service and/or the content or any part thereof for any other purpose;
(e) modify, copy, reproduce, republish, upload, post, distribute, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way any material (including any information, graphics, text, video clips, code and software) from our service and/or the content for any other purpose;
(f) interfere with or disrupt our service and/or the content or servers or networks connected to our service and/or the content;
(g) charge for access to any premises where service is provided for use of or access to our service, our site, and the content;
(h) download, sell, share, reproduce, copy, distribute, publish, modify, prepare derivative works based on our service or the content or display our service or the content or cause our service or the content to be displayed in public or re-direct any service or the content in any way or through any media or frame any part of our service or the content, whether by actual commitment or procurement or by any means (including without limitation Internet);
(i) use any robot, spider, scripts, site search, retrieval application, or other manual or automatic device or process to access, monitor, retrieve, index, “data mine”, or in any way reproduce, disrupt or copy, circumvent the navigational structure or presentation of our service or the content;
(j) hack, break into, or attempt to hack or break into our service or the content, and/or any data zones on our server(s) or that of any third party in any manner, or access such parts of our service and/or the content which you are not authorized to login;
(k) implant into any software or other materials that contain any software viruses, worms, time bombs, Trojan horses or other harmful or disruptive component;
(l) obstruct or interfere with our service or servers or networks connected to our service, or restrict or inhibit any person to use our service;
(m) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through our service;
(n) remove any copyright, trademark, or other proprietary rights notices contained in our service, the content and/or our site;
(o) collect information of other users of our service;
(p) download or make use of any of our service, content, applications or other materials: (i) in any device and promote, sell, circulate or distribute our content and service in the market, or (ii) for any commercial purpose or usage, or (iii) for purposes other than personal or authorized usage;
(q) disclose, distribute or publish any confidential or personal information of the data subject via our service without the consent of that data subject; and
(r) use our service, the content and/or our site for any illegal or immoral purpose.

C. Should you post, distribute, transmit, publish or broadcast any materials on our site or via our service, you agree:
(a) not to post, distribute, transmit or broadcast materials or participate in any form of online activity which is unlawful, harassing, libelous, defamatory, abusive, threatening, violent, harmful, vulgar, obscene, profane, sexually oriented, discriminating, hateful, offensive or which otherwise includes objectionable material;
(b) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) not to post or transmit any materials that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) not to post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letter”, “pyramid schemes” or any other form of solicitation, except in those areas that are designated for such purpose; and
(e) not to post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

D. You agree that the information, text, comments and/or otherwise statements posted on our site by users represents only the views or findings of the relevant user and does not represent ours.

E. This Section 9 will survive the termination or expiry of your use of our service.


10. Intellectual Property Rights

A. You agree that we own and retain all rights to our service, our site, and we and the contributors of the content own and retain all rights to the relevant content. All trademarks, service marks and logos on our service and our site are owned by or licensed to us.

B. You acknowledge that our service, our site, the content, the marks and logos are protected by copyright, trademark laws, and other Intellectual property right laws, and you further agree that you are being granted with a non-exclusive, non-transferrable, limited license, without right of sublicense, to access and use our service, our site, the content (other than those contributed by you) in compliance with these terms and conditions.

C. Nothing you do on or in relation to our service, our site, the content (other than those contributed by you), the materials contained therein will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless expressly stated by us.

D. We expressly reserve the right to take action against you in the event that you infringe any of our intellectual property rights or other rights of any person.

E. This Section 10 will survive the termination or expiry of your use of our terms and conditions.


11. Suspension and Termination

A. We may at any time, without notice or liability to you, suspend or terminate your account(s) or refuse your access to any part or all of our services, temporarily or permanently, if, in our sole discretion, you fail, or we suspect that you fail or are unable, to comply with (or acted in a manner indicating that you do not intend to or are unable to comply with) any of the provisions of the terms and conditions, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.

B. During suspension of your account or upon termination of your user account:
(a) any money due to us by you shall become immediately payable;
(b) any rights we have in respect of your obligations under the terms and conditions which are not fulfilled by you shall continue to exist;
(c) under no circumstances shall you be entitled to a refund of any monies or payment in whatever kind payable to us;
(d) all monies or payment in whatever kind remains in your account will be forfeited by us without notice or liability to you; and
(e) your access to our site, our service, content, and all licenses, rights and privileges granted to you under these terms and conditions shall cease.


12. Our Rights

We may at any time without notice:
(a) expand, reduce and/or modify the whole or any part of our service;
(b) remove, delete, cancel, edit, change, amend or block the whole or any part of the content;
(c) deactivate the whole or any part of our service to carry out system maintenance, upgrading, testing and/or repairs;
(d) terminate your account, or limit or suspend your access to the whole or any part of our service and/or content if we believe that such action is appropriate due to your improper use of our service or breach of any term of the Terms and Conditions;
(e) detect any downloading, copying, storing, distribution, sharing or re-direction of any content from our service in any way or through any media and/or for your access to our service from time to time;
(f) at any time monitor and record your activities and content posted on our site through your account; and/or
(g) place information and materials in conjunction with the content published, within the content transmitted, on the site or in our service at our sole discretion.


13. Third Party Materials

A. Our service or our site may contain materials from third parties and/or hyperlinks to third party websites, or part of our service and/or content of our service and/or our site may be supplied or supported by third parties. Your use of third parties’ websites and/or materials linked to our service may be governed by additional or different terms and conditions. Those additional terms and conditions of such web pages and applications will apply to you in addition to these terms and conditions and will prevail over these terms and conditions if there is any inconsistency regarding your use of those web pages and/or applications.

B. We make no representation about, and we do not endorse and could not control the reliability or performance of any software, materials, applications, media platforms, devices or services of third parties that you may access through, or are linked to or embedded in our service. You agree that any use of such software, materials, applications, media platforms, devices or services will be at your own risks. You expressly relieve us from any and all liability arising from your use or access of any third party website or materials.

C. We have no control over any third party websites linked to our service or our site and we are not responsible for the content or accuracy of any off-site pages or any other third party websites linked to our service or our site. Some links which appear on our service or our site are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you agree to access those links at your own risk. We are not responsible or liable in any way for any loss or damage of any sort incurred or allege to have incurred, either directly or indirectly, as the result of your reliance, use, dealings of or as the result of the presence of such links on our service or our site.


14. Disclaimer of Warranties & Limitation of Liabilities

A. Our Service and all materials delivered to you through our service are provided “AS IS” and on an “IS AVAILABLE” basis without any representation or endorsement made by us and without our warranty of any kind whether express or implied, including but not limited to the expressed, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You expressly agree that your use of our site, our service, and/or the content and/or content obtained through your use of the foregoing are at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.

B. Our service is provided subject to these terms and conditions and we shall not be liable for the (a) the timeliness, deletion, non-delivery, errors, interruptions in the transmission or failure of the provision of any services under our service; or (b) your inability to gain access in whole or in part to our service due to the delay or failure of any communication networks or any party providing such access.

C. To the fullest extent permitted by applicable law, we and the providers of our site, our service, and/or the content disclaim all representations and warranties of all kind, whether expressly or implied, including but not limited to the title, fitness for a particular purpose, merchantability, non-infringement, accuracy or standard of quality of our site, our service, and/or the content, that our service or your access to or use of our service will be uninterrupted or error free, free of viruses, malicious code or other harmful components or otherwise secure, that defects will be corrected, that our service or the server that makes our service available are free of viruses or bugs, or that the materials provided through our service are functional, accurate, reliable. We further disclaim any representation or warranty that our site, our service, and/or the content will meet your requirements.

D. We shall not be in any way responsible for any transaction between you and third party providers of products or services.

E. To the fullest extent permitted by applicable law, we are not liable to you or any other third party (including users of our service, whether authorized or not) for the following:
(a) any damage to or loss of data and/or the consequences or effects on your Internet connection, its spend and/or bandwidth, arising from your use of our site, our service, and/or any content;
(b) any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any damages, whether direct or indirect, consequential or incidental, whether of an economic nature or not, whether in action of contract, negligence, or other tortuous action, whether arising out of or in connection with your use or omissions, or conducts of any party in connection with or related to your use of our service;
(c) any claim relating to any part of our site, our service and/or content supplied, provided, sold or made available by or through our service (or any failure or delay to so supply, provide, sell or make available);

(d) any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using our site, our service, and/or the content;

(e) any disruption, suspension, delay, failure or discontinuation of our site, our service or our service capacity, and/or content or any part thereof which is attributable to (i) an event or circumstance beyond our reasonable control; (ii) our system maintenance, upgrading, testing and/or repairs, (iii) the reliability and stability of your Internet connection and its speed, its bandwidth, its system and services and (iv) any other third party’s software or services;
(f) any infringement of intellectual property rights arising from your use of our site, our service, or the content.

F. This Section 14 will survive the termination or expiry of your use of our service.


15. Indemnification

A. You agree to indemnify and hold us harmless from any claim, costs or demand, (including reasonable attorney fees) made by a third party, relating to or arising from:
(a) any violation by you of these terms and conditions;
(b) your use of our site, our service, and/or the content;
(c) the content or information you provided ;
(d) any and all usage of your account, whether or not such usage is expressly authorized by you;
(e) in connection with any dealings with you through our service;
(f) your violation of any rights of another, and under which such third party demands from you any compensation, fees or damages (including reasonable attorney fees); and/or
(g) the personal information submitted by you.

B. This Section 15 will survive the termination or expiration of your use of our service.

 

16. Force Majeure

We will not be liable to you by reason of any failure or delay in the performance of our obligations hereunder on account of events beyond our reasonable control, which may include, without limitation, strikes, material shortages, riots, fires, flood, storm, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, failure of the Internet or extraordinary connectivity issues experienced by telecommunications providers. Upon the occurrence of a Force Majeure event, we are not obliged to performance of our obligations for so long as the Force Majeure event continues, and for such further period of time that we may reasonably require to recover from the effects of such Force Majeure event.


17. Interpretation

A. We have the sole discretion to interpret and determine these Terms and Conditions.

B. If there is any conflict between these Terms and Conditions and rules and specific terms of use appearing on our service or our site relating to specific material then the latter shall prevail.


18. Others

A. Nothing in the Terms and Conditions, whether express or implied, is intended to or shall confer any rights, benefits, or remedies of any nature whatsoever under or by reasons of the Terms and Conditions or the Contracts (Rights of Third Parties) Ordinance (Cap 623) on any persons other than the user and our company and their respective successors and assigns.

B. If any provision of the Terms and Conditions becomes or is held to be illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from the Terms and Conditions and shall be deemed to be deleted from the Terms and Conditions and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.

C. The failure of our enforcement of any right or provision of the Terms and Conditions will not be deemed a waiver of such right or provision.

D. We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations contained in the terms and conditions to any person or entity at any time. You shall not assign, transfer, convey or otherwise dispose of any of your rights, obligations and/or liabilities under the Terms and Conditions to any person or entity without our prior written consent.

E. All notices and other communications hereunder to us shall be in writing by email to contact@frutodor.com  and shall be deemed to have been duly given when transmitted by email (receipt confirmed) during our normal office hours.

F. All notices and other communications hereunder which we give to you will be in such form and manner as we deem it is appropriate and it shall be deemed to have been duly given when sent, if transmitted by electronic mail, mobile short message (SMS), or facsimile transmission; on the day on our site, or on the third business day following mailing, if mailed to your address last notified to us.

G. These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong. Disputes arising therefrom shall be exclusively subject to the jurisdiction of the courts of Hong Kong.

H. If you have any questions, enquiries or suggestions, please contact us.