- 1.1. FoodWise (collectively “we”) own and operate the site. Our site facilitates a convenient way to shop online by using our site (collectively “service”).
- 1.2. By accessing this site, you agree to be bound by these terms and conditions.
- 1.3. The meaning of some words used in these terms and conditions:
- 1.3.3. “Member” is a reference to the person to who are registered at our site, including but not limited to:
- 220.127.116.11. Registered at online and confirmed as a FoodWise / FoodWise+ member;
- 18.104.22.168. Registered at our retail shop as a FoodWise / FoodWise+ member.
- 1.3.1. “We”, “us” or “our” is a reference to FoodWise.
- 1.3.2. “You”, “your” or “yours” is a reference to the person to who use oursite or service.
- 1.3.4. “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site.
- 1.3.5. “Merchandise” means the goods or services you ordered through our site, which you will pay for.
- 1.3.6. “Intellectual property rights” means any and all patents, trademarks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
- 1.3.7. “Supplier” means the seller and supplier of merchandise you ordered through our sitesite.
- 1.3.8. “Site” means our site (www.foodwise.hk), and any associated sites linked to it.
- 1.3.9. “User’s Content” has the meaning given in clause 14.1.
- 2.1. You must be 18 years old in order to register at the sitesite or use our service.
- 2.2. By registering, you are making a statement, upon which we are entitled to rely, that you aged 18 years or above and capable of forming a legally binding contract.
- 2.3. You are required to provide true, accurate, current and complete information about yourself. If the information is untrue, inaccurate, not current or incomplete, we cannot be available to provide reasonable and standard service.
- 2.4. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your registration.
- 2.5. By submitting the registration, you will receive a confirmation email. You are required to finish the registration procedure to be an official member.
- 2.6. By confirming the registration, an account will be provided to any members which will be keeping the data of:
- 2.6.1. Your personal information;
- 2.6.2. Your transaction information;
- 2.6.3. Information related to our service.
- 2.7. All transaction made by you through our site will be within the scope of your authority to conclude contracts.
- 3.1. Except where otherwise specified, your order cannot be canceled by any reason once submitted.
- 3.2. We will acknowledge your order by email and this will constitute our acceptance of your order. The confirmartion will provide::
- 3.2.1. Details of your order (e.g. total amount of order, selected delivery date);
- 3.2.2. Details of the merchandise in your order (e.g. name, total number and price of merchandises);
- 3.2.3. Your personal details (e.g. delivery venue, contact phone no. and personal details).
- 3.3. We reserve the right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
- 3.3.1. No sufficient stock to deliver the merchandise you have ordered;
- 3.3.2. No delivery can be arranged for your selected delivery venue;
- 3.3.3. The Merchandise you have ordered was listed with an incorrect information (including price) due to a human or computer error.
- 3.4. If any ordered merchandise cannot be provided, we will contact you by telephone/email/SMS/Whatsapp for further action within 3 business days.
- 3.5. If your order is canceled, you will received a notification by telephone/email/SMS/Whatsapp. We will credit to your account any sum deducted by us from your credit card account in any event within 30 days of your order. You agree that we will not be obliged to offer any compensation for disappointment suffered.
- 3.6. Under the law of Hong Kong, intoxicating liquor must not be sold or supplied to a minor in the course of business. We shall make reasonable effort to ensure any person using our service is 18 years old or above. By registering, you have made a statement you aged 18 years or above. You shall ensure that no person who is not eligible shall use your account and relevant merchandises
4. Stock and Price
- 4.1. We shall make reasonable effort to ensure that prices, details and stock status on sitesite are up to date. Prices are subject to change without prior notice. If from time to time products become out of stock, we reserve the right to cancel your order.
- 4.2. Prices are subject to alteration or modification at the time of your submission of the order.
- 4.3. By submitting the order, you agree to provide payment for the
- 4.4. Prices of some products may differ from those charged at our retail shop, you agree that we will not provide any subsidy for any price difference.
- 5.1. We only accept online payment method, including Visa, MasterCard, and UnionPay.
- 5.2. All product prices listed are in HK dollars (HKD).
- 5.3. Members may apply Wise Dollars under your account to make a purchase under the stated terms and conditions.
- 5.4. We use the third-party payment service to process online transactions. By submitting the order, you agree that your credit card information will be collected, processed and kept by us and payment service provider subject to its terms and conditions.
- 5.5. We shall make reasonable effort to ensure the security of your payment data while using our sitesite. If there is any loss incurred or sustained in making credit card transaction, you agree that we shall not be liable for any loss or da
- 5.6. We reserve the right to limit sales including the right to decline sales to any person.
- 5.7. We reserve the right to change the payment terms for any order without prior notice.
6. Delivery Service
- 6.1. Free delivery service provided for an order with spending of HK$400 or above (after discount, promotion code and coupon being applied).
- 6.2. Except where otherwise specified, the following listed districts are required for the extra surcharge:
- 6.2.1. Ma Wan: HKD40
- 6.3. Our delivery service only serves to Hong Kong Island, Kowloon and the New Territories of the Hong Kong Special Administration Region and some designated rural areas or the outlying islands (Tung Chung, Airport, Discovery Bay and Ma Wan). We currently do not make deliveries to other rural areas and outlying islands.
- 6.4. You can choose the delivery date before submitting order. The earliest delivery time will be 2 days after order submission, or the latest within 9 days. (e.g. If you submit your order submitted on 1 September 2018, you can choose a delivery date between 3 – 10 September)
- 6.5. The delivery hours shall be between the hours of 9:00 am to 10:00 pm, Monday to Saturday (delivery service is not applicable for the public holiday and the first working day after public holiday). However, the following listed areas have differentdelivery hours:
- 6.5.1. Ma Wan: 10:00 a.m. to 4:00 p.m., Monday to Saturday
- 6.5.2. Discovery Bay 9:00 a.m. to 10:00 p.m., Tuesday and Thursday
- 6.6. Except where otherwise specified, our delivery service is not applicable to delivery area with the following characteristic(s). We reserve the right to decline delivery at our sole discretion if your delivery area falls under one or more than one of the following characteristics :
- 6.6.1. An ground floor of the delivery area that cannot be reached directly by vehicles;
- 6.6.2. Any building without a functioning lift going to 4th Floorand above counting from or below the ground;
- 6.6.3. No legal unloading areas within 50 meters of the ground floor of the delivery area.
We shall make reasonable effort to deliver merchandise you ordered to you within the timeslot selected by you. Our delivery service may be delayed, postponed. The merchandise you ordered may be delivered to you in more than one installments due to our logistic arrangement. You will be contacted by telephone/email/SMS/Whatsapp for further arrangement if needed. You agree that we will not be obliged to offer any compensation for disappointment suffered.
- 6.7. In the event of a lift breakdown during delivery of the merchandise you ordered to your selected delivery venue, we will make arrangements to deliver the goods at another time. You will be contacted by telephone/email/SMS/Whatsapp for further arrangement.
- 6.8. We shall make reasonable effort to deliver the merchandise you ordered to you within the timeslot selected by you. If delivery is delayed, postponed or canceled due to traffic, weather, different district or other factors, we shall not be liable for any loss or damage, irrespecive of the cause of the delay, postponement or cancellation that is within or outside our control.
- 6.9. Delivery service will be suspended when typhoon signal No.8 or above, or a black rainstorm signal is hoisted. In this event, you will be contacted by telephone/email/SMS/Whatsapp on the next business day after signal canceled for further arrangement. 6.10. We will deliver the merchandise ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. You agree that we will provide your personal data for the use of delivery in accordance with clause 3.2
7. Self-Pickup Service
- 7.1. Free self-pickup service, at our retail shops, is provided for any order.
- 7.2. Self-pickup will be available 3 business days after order submission. (e.g. You ordered and paid on 1 September 2018, your merchandise will be delivered to the retail shop on 4 September 2018) You will be contacted by telephone/email/SMS/Whatsapp when merchandise are avilable for your pick-up at our retail shops.
- 7.3. Our service of self-pickup is available from Monday to Sunday (Public Holiday is also available) during your selected retail shop’s opening hours. Each shop has different opening hours, you can get more information from Here.
- 7.4. If your order is submitted before or during the long public holiday, you will be contacted by telephone/email/SMS/Whatsapp on the first working day after public holiday for further arrangement.We shall make reasonable effort to deliver your merchandise to our retail shop selected by you in accordance with clause 7.2. Our service may be delayed, postponed or delivered in more than one installments due to our logistic arrangement. You will be contacted by telephone/email/SMS/Whatsapp for further arrangement. You agree that we will not be obliged to offer any compensation for disappointment suffered.
- 7.5. The service of self-pickup will be suspended when typhoon signal No.8 or above, or a black rainstorm signal is hoisted. In this event, you will be contacted on the next business day after the signal has been
- 7.6. We shall make reasonable effort to deliver your merchandise to the retail shop selected by you in accordance with clause 7.2. If delivery is delayed, postponed or canceled due to traffic, weather, different district or any other factors, we shall not be liable for any loss or damage, no matter whether or not the factor which causes the delay, postponement or cancellation which is within or outside our control.
8. Confirmation for Delivery
- 8.1. You agree to present your photo identification to the following relevant person upon request when you knowledge receipt of the merchandise, and signed on delivery note for confirmation of successful delivery:
- 8.1.1. Our staffs;
- 8.1.2. The third party.
- 8.2. You can authorize any person to receive the delivery of the order. You and/or your authorized person(s) agree to present the following documents upon request when you knowledge receipt of the delivery, and signed on delivery note for confirmation of successful delivery.
- 8.2.1.Your identification document with photo (Copy); or
- 8.2.2. Identification document with photo of the authorized person (Original); and
- 8.2.3. The authorization letter with your signature (We will collect the authorization letter).
- 8.3. If the delivery included alcoholic drinks, you or your authorized person aged 18 or above must be present to take delivery. If no person aged 18 or above present, delivery shall be withdrawn and you will be contacted by telephone/email/SMS/Whatsapp for further arrangement.
- 8.4. You have to check the type and quantity of merchandises before signing on the delivery note. If you signed, you would agree that the deliveredmerchandise are same with your order list and the relevant transaction is completed.
- 8.5. If there is any difference between the delivery and your order, the remark will be made on delivery note for you to sign. You will be contacted by telephone/email/SMS/Whatsapp on the next business day for further arrangement.
- 8.6. If there is a material difference between delivery and your order, you reserve the right to reject the delivery. Over half of delivery amounts to a material difference. You can contact us by telephone/email/online message system/Whatsapp immediately.
- 8.7. You will become the owner of the merchandise, and all risks in the merchandises shall pass to you once you signed on the delivery note. However, we shall retain the title in the merchandise until full payment of the order has been received.
- 8.8. We reserve the right to charge the following extra fee if you are not available to accept delivery at your nominated delivery time:
- 8.8.1. Extra delivery fee;
- 8.8.2. Temporary storage fee of merchandise.
9. Returns or Exchanges
- 9.1. We reserve the right to refuse the request of returns/exchanges on incorrect type or quantity of the merchandiseafter you have signed on the delivery note.
- 9.2. No return/exchange for purchases of food,drinks or perishable
- 9.3. Except food, drinks or perishable products, merchandise can be returned/exchanged within 7 days of receipt if the merchandise you ordered are faulty, defective or damaged that is nor caused by you. You can contact us by telephone/email/online message system/Whatsapp to arrange the return/exchange.
- 9.4. You agree that the merchandise that can be exchanged are subjected to stocks availability. You will be contacted by telephone/email/SMS/Whatsapp on the next business day after we have received your request of exchange.
- 9.5. You will be contacted by telephone/email/SMS/Whatsapp on the next business day after we have received your request of return.
- 9.6. You will be contacted for picking-up (recall) of merchandises. All pick-up process will be executed within 7 days upon confirmation of return. You are required to ensure merchandises are picked up with all parts and accessories provided with merchandises which including manuals, certificates, labels, tags, consumables, bags and boxes.
- 9.7. The refund for any returned merchandies will be confirmed by telephone/email. The refunded amount will be credited into your credit card account within 30 days upon confirmation. The Wise Dollar used/awarded for that order will be adjusted in your member account within 3 business days.
- 9.8. Except where otherwise specified, no return or exchange of merchandise will be accepted.
10. Wise Dollar
- 10.1. Except where otherwise specified, Wise Dollar is available to all type of transaction in our site.
- 10.2. Members are certificated to earn Wise Dollar with any transaction. Earn Wise Dollar $1 for every HK$100 spent on our site. Each Wise Dollar $1 you earned can be used as HK$1.
- 10.3. You will receive an email after submitting the order in accordance with clause 3.2. The Wise Dollar earned in the order will be stated in that email.
- 10.4. The transaction completed in accordance with clause 8.2, the relevant Wise Dollars awarded will be credited into your member account within 3 business days.
- 10.5. The following transactions are not eligible to earn Wise Dollar:
- 10.5.1.Transactions with discounted products;
- 10.5.2. Transportation fee for delivery;
- 10.5.3. Transactions which are found to be fraudulent;
- 10.5.4. Transactions which are eventually canceled, refunded or unposted are excluded for earning Wise Dollar.
- 10.6. We reserve the right for adjusting Wise Dollar in any member’s account in according to clauses5.
- 10.7. Except where otherwise specified, Wise Dollar is applicable for the payment of the delivery charge.
- 10.8. Except where otherwise specified, Wise Dollar is neither transferable nor redeemable for cash.
- 10.9. Wise Dollar, earned by each transaction, is valid for 12 months. (e.g. Member earned Wise Dollar $10 on 31 December 2018, that $10 will be invalid after 31 December 2019)
- 10.10. Wise Dollar accumulated will be cancelled when your member account is terminated.
- 10.11. Any use of Wise Dollar is subject to by any terms and conditions related to Wise Dollar, including promotion campaign.
- 10.12. We will determine the eligibility of all Wise Dollar rewards based on transaction records held by us. In case of any disputes, our records shall be final and conclusive.
- 10.13. We reserve the rights to suspend, terminate or change details of Wise Dollar related terms and conditions and without prior notice. In case of any disputes, our decision shall be final and conclusive.
11. Promotion Code (Coupon)
- 11.1. Promotion code or coupon offered by us shall only be applicable for one-off purchase at our site, which includes:
- 11.1.1. Birthday code;
- 11.1.2. Discount code for the promotion.
- 11.2. All promotion codes or coupons are subject to promotion-related terms and conditions, including promotion campaign.
- 11.3. Except where otherwise specified, all promotion codes or coupons have no cash value and are not redeemable for cash.
- 11.4. All promotion codes or coupons will not be refunded, redeemed or re-issued.
- 11.5. Any unused amount of promotion codes or coupons will be forfeited.
- 11.6. We reserve the rights to suspend, terminate or change details of promotion code (or coupon) related terms and conditions and without prior notice. In case of any disputes, our decision shall be final and conclusive.
12. Disclaim of Warranties
- 12.1. We do not represent or warrant that access to our site, or any part of it, will be uninterrupted, reliable or fault-free.
- 12.2. We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
- 12.3. You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
- 12.4. To the 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:
- 12.4.1. Any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (including using our applications or software) or any information on our site;
- 12.4.2. The unavailability of our site (or any part of it), merchandises or services;
- 12.4.3.Any delay in providing, or failure to provide or make available, merchandises or services, or any negligent provision of merchandise or services;
- 12.4.4.Any merchandise not being of merchantable quality or fit for their intended purpose.
- 12.5. Save as required by law:
- 12.5.1. 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;
- 12.5.2. We will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
- 12.6. Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any linked website outside our site.
13. Intellectual Property Right
- 13.1. Our site and any information available on it including, but not limited to, text, graphics, icons, images, software, source code and trademarks, are protected by copyright, design, trademark and other Intellectual Property Rights owned or controlled by us. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this site for any purpose without our prior written permission except that you may download materials displayed on the site for non-commercial use only as long as you keep all copyright, trademark and other proprietary notices intact.
- 13.2. All right, title and interest in the Intellectual Property Rights in this Site shall at all times remain the property of us. No one is not authorized to use the same unless you have obtained express written permission from us and/or our licensors, as the case may be.
14. 14. User-generated Content
- 14.1. When you submit any user-generated content including all text, files, images, photos, sounds, videos or other materials to our site, you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this clause 10.1 include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
- 14.2. You represent, warrant and covenant that:
- 14.2.1. You have the legal right and authority to grant the licence in clause 14.1 above;
- 14.2.2. You are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in clause 14.1 above;
- 14.2.3. By exercising the licence in clause 14.1 above, we shall not infringe the intellectual property rights or other rights of any third party;
- 14.2.4. To the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in clause 14.1 above;
- 14.2.5. The User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our site;
- 14.2.6. At our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
15. Limitation of using website
- 15.1. As a condition of your use of the site, you agree that you will not use our site for any purpose that is illegal or prohibited by any applicable laws or the terms, conditions and notices contained herein. Without limiting the generality of the foregoing, you further agree not to:
- 15.1.1. Use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
- 15.1.2. Interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
- 15.1.3. Transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment;
- 15.1.4. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site;
- 15.1.5. Frame or mirror any part of the site without our express prior written consent;
- 15.1.6. Create a database by systematically downloading and storing the content, user content or any site content; and
- 15.1.7. Infringe any copyright, design right and intellectual property right in the merchandise.
- 16.1.We reserve the right to suspend or terminate your member account if you are in breach of any of these terms and conditions.
- 16.2. Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
- 17.1. You agree to indemnify us and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
- 18.1. Where in these terms representations and warranties are made to us and to suppliers of merchandise through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you.
- 18.2. We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
- 18.4. We reserve the right at our sole discretion to any person access to our site or any part of our site without notice and to decline to provide our services to any person that is in breach of these terms and conditions.
- 18.5. We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
- 18.6. If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
- 18.7. We may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.
- 18.8 You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
- 18.9 These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
- 10.10. These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
Last Update: 10 Jan 2018