1. Definitions

 

"Contract" means the contract for sale and purchase of Goods in accordance with these Terms.

 

"Customer" means the person, firm or company who accepts the Seller's quotation for the sale of Goods, orders the Goods and whose order for Goods is accepted by the Seller.

 

"Goods" means all those products and services supplied by the Seller.

 

"Seller" means Les Petits Fours Baking Supplies.

 

"Terms" means the standard terms and conditions of sale of the Seller as set out in this document to which all Contracts shall be subject. These Terms supercede any terms and conditions of the Customer.

 

"Orders" means a request by the Customer for Goods subject to these Terms.

 

The headings in these Terms are for convenience only and shall not affect their interpretation.

 

2. Prices and Contract

 

Unless otherwise specified, prices quoted on website and associated price lists are:

 

• Exclusive of tax, excise duty and delivery charges (if applicable).

• Provisional and subject to our confirmation, upon acceptance of order.

• All Orders are accepted by the Seller only under these Terms and these Terms shall be the sole terms and conditions of any sale by the Seller to any Customer. The Terms may not be altered except with the written agreement of the Seller. Any contrary or additional terms unless so agreed are excluded. The placing of an Order for or the acceptance of Goods by the Customer shall indicate unqualified acceptance of these Terms.

 

Orders are accepted by the Seller subject to availability of Goods at the time of delivery. Substitutions for out of stock items will only be made with the customer's agreement.

 

These Terms supersede all previous oral or written representations, undertakings and agreements relating to the Goods.

 

The Seller shall not be liable in respect of any misrepresentation made by the Seller its employees or agents to the Customer as to the condition or quality of the Goods as far as Hong Kong law allows or unless the representation is made or confirmed in writing by the Seller.

 

While the Seller takes every precaution in the preparation of its website, catalogues, price lists and other literature these documents are for the guidance of the Buyer only and statements therein shall not constitute representations by the Seller and the Seller shall not be bound by them. Any typographical, clerical or other error or omission in any sales literature, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

 

3. Payment

 

Payment should be made by bank transfer.  Payment is due at the time of order, other than for approved credit accounts. We reserve the right to cancel orders if we have not received payment by the due date.

 

The Seller shall be entitled, at its sole discretion, to refuse or at any time to withdraw a credit account without giving a reason. In accepting the offer of a credit account the Customer agrees that the Seller may make periodic searches with credit reference agencies and fraud prevention agencies to manage the Customer credit account. The Seller shall not disclose any information obtained carrying out such searches to any third party without the Customer's consent except as may be required by law.

 

The prices of Goods are subject to alteration without prior notice.  Specifically (and without limiting the foregoing) prices are subject to alteration to reflect changes in duty or foreign exchange rates and variations in the prices of materials charged to the Seller by their suppliers.

 

4. Title and Risk

 

By confirming via telephone, e-mail or by transacting at our company in person you enter into a contract with Les Petits Fours Baking Supplies (“Les Petits Fours”).

 

Title to all products or services sold on this website or by our company shall remain with Les Petits Fours until payment in full has been received. You cannot resell any of the products of Les Petits Fours.  We will not bear the responsibility of the quality of Goods, if such Goods are resold to the person, firm or company who does not purchase directly from Les Petits Fours. 

 

The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness, any of the Goods which remain the property of the Seller, but if the Customer does so, all monies owing by the Customer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

 

Without prejudice to the foregoing none of the Goods are supplied on a "sale or return" basis.

 

5. Delivery

 

Orders can be picked up at Les Petits Fours (Room 5, 4/F, Winsum Industrial Building, 588-592 Castle Peak Road, Cheung Sha Wan, Kowloon, Hong Kong).

 

Delivery service will only be supplied upon the acceptance of the Seller and the payment & delivery charges received from the Customer. Delivery service is applicable to address(es) in Hong Kong Island, Kowloon and New Territories, except all outlying islands, restricted areas, country parks and remote areas. The Customer is advised to contact the Seller for special delivery arrangements and confirmation before placing his / her order(s).  

 

If you wish to change the collection point you may do so by notifying us AT LEAST 1 WORKING DAY IN ADVANCE or your estimated delivery date and paying any additional charges which may become due.

 

Les Petits Fours will not be responsible for any reverse logistics resulting from a collection or delivery which is made to the (un-amended) address or the collection point we have on file for your delivery.

 

We will not be held responsible for delays or changes to collections or shipping schedules that are beyond our control.

 

6. Acceptance

 

You undertake to inspect all goods when collecting or immediately on delivery and to notify us or the carrier forthwith of any shortage or damage or other deficiency.

 

You will be deemed to have accepted the goods as satisfying your order upon your acceptance, and thereafter will not be entitled to reject products for any reason, and no returns or credits will be permitted thereafter.

 

7. Default

 

If any payment is overdue for 3 days or the goods have not been collected within 3 days of being available, or there is an earlier indication from you that payment will not be made or the goods will not be collected or received, we shall be entitled to send written notice to the invoice address of our intention to deal with, sell or otherwise dispose of the goods and 7 days thereafter we shall be at liberty to do so unless payment in full is received or the goods are collected before the close of business on the seventh day. Any method of resale is entirely at our discretion.

 

8. Force Majeure

 

We shall not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control.

 

9. Description/Quality

 

We will act in good faith when purchasing all products sold on this site, but we will not be responsible for the condition of products or whether the product corresponds to the qualities which might be expected from its description.

 

10. Orders

 

The placing and accepting of oral orders, or orders communicated through any electronic means, such as email, shall form a contract on these terms, conditional upon our written confirmation of order which may be by the delivery of an invoice or via an email confirmation.

 

11. Jurisdiction

 

All contracts are made under Hong Kong Law and are subject to the exclusive jurisdiction of the courts of Hong Kong.

 

12. Returns

 

Returns are not permitted if the Goods were delivered to the Customer.

 

13. Warranty

 

The Seller warrants that the Goods will correspond with any description given in its price list / website or specification and be of satisfactory quality and will comply with all applicable Hong Kong legislation governing the sale of the Goods and the Seller will at its option refund the purchase price of, or replace free of charge any Goods which its examination confirms are defective provided:

 

• Customer makes a full inspection of the Goods immediately upon delivery or collection;

• Customer notifies the Seller immediately of any defects which it discovers;

• Customer provides a proof of purchase;

• Customer has stored the Goods in a suitable environment and at the appropriate temperature; and

• Goods are either made available to the Seller for inspection or returned to the Seller in their original condition and packaging, as the Seller may request.

• In no circumstances shall the Seller's liability to the Customer for any breach of warranty exceed the price paid for the Goods in respect of which the claim is made.

 

Except as provided for in these Terms there are no warranties, express or implied, of fitness for a particular purpose or of any other kind except as to title. In particular, all Terms and warranties which would otherwise be implied by statute or under common law are hereby excluded to the fullest extent permitted by law.

 

No refund, credit or replacement will be given for out of date Goods unless they are validly rejected for being out of date when delivered to or collected by the Customer.

 

14. General

 

Nothing in these Terms shall exclude or restrict the Seller's liability for death or personal injury resulting from the Seller's negligence.

 

The Seller shall under no circumstances be liable to the Customer for any claim (whether arising in or for contract, tort (including negligence) breach of statutory duty, misrepresentation or otherwise) under or in connection with these Terms for any indirect, special or consequential loss or for any loss of anticipated profit or third party claims howsoever arising either from breach or non-performance of any of its obligations under the Contract or from the supply of or intended used of the Goods, even if the Seller has been advised of the possibility of such potential loss.