Tasty Catering – General Terms and Conditions
- Order Confirmation
- The information and products/services set out in (i) our quotation (“Event Order Summary”); and (ii) our online shop (order.tasty-catering.hk) is for costing purposes only and do not constitute an offer for sale but rather an invitation to treat. Your confirmation (i) on the Quotation (“Quotation Confirmation”); (ii) or via placing an order online (“Pending Order”) shall be deemed as an offer made by you to purchase the selected products/services as set out in the Quotation or in your order submitted online. You shall send the Quotation Confirmation or Pending Order to us 7 business days prior to the date of event.
- No binding agreement is made until (i) we have received your Quotation Confirmation or Pending Order; and (ii) we have received a partial deposit or full payment of the total value of the Invoice; and (iii) we have sent you an order confirmation via e-mail or WhatsApp (a “Confirmed Order”).
- Provided that we have not sent you an order confirmation, we reserve the right to refuse to accept or cancel an order at any time at our sole discretion. For the avoidance of doubt, processing of payment of an order shall not in itself constitute acceptance of an order by us. Where a payment is made for an order and such order is refused or cancelled by us, we will reverse or refund any payment already made for such order in accordance with our prevailing refund policy at such time.
- A binding agreement formed under these Terms may only be varied by a written agreement signed by or on behalf of us and yourself.
- Unless otherwise agreed by us in writing, you shall (i) pay a deposit in the amount of 100% of the total value of the Invoice for order of below $5,000; or 50% of the total value of the Invoice for order of above $5,000 within 48 hours upon receiving our Invoice; and (ii) pay the remaining sum in the amount of 50% of the total value of the Invoice within 7 business days prior to the date of event.
- Time for payment shall be of the essence.
- We accept payment by bank transfer, cheque and other means as determined by us from time to time. We shall set out our payment instructions in the Invoice.
- We reserve the right to charge interest at 10% per annum on all overdue accounts, such interest being deemed to accrue on a day-to-day basis from the due date for payment under paragraph 2(a).
- Cancellation and refund policy
- Unless otherwise stated in these Terms and/or agreed by us in writing, NO refund, cancellation or exchange, will be permitted for a Confirmed Order.
- Modification to a Confirmed Order will only be permitted unless agreed by us in writing.
- You understand and agree that a payment of any sum of money by us to you by way of refund or other purposes (if any) will not constitute or be construed as an admission of any wrongdoing or liability whatsoever by us. You undertake that such payment accepted by you shall be final and you shall not claim for any compensation, damages or otherwise against us in respect of the relevant order in the future.
- Delivery and miscellaneous fees
- Our delivery service is available 7 days a week between 11:00am and 07:00pm.
- Our basic delivery charges are as follows:
|Area||Delivery charge (HK$)|
|Outlying Islands||Please ask for quotation|
|Other Areas||Please ask for quotation|
- We shall endeavour to meet the scheduled delivery time. We, however, do not guarantee that delivery times will be met and, to the extent permitted by law, we shall not be liable to you or any third party for any losses, liabilities, costs, damages, charges, or expenses arising out of or in connection with a late delivery. To avoid any unforeseen delays, we may deliver up to 60 minutes prior to the scheduled delivery time.
- You shall provide the contact information of the person who will be at the event address to accept delivery. The contact person should be contactable 90 minutes prior to the scheduled delivery time. The signature of the contact person is required to accept and confirm delivery.
- We shall charge additional fees for delivery at our sole discretion and such fees shall be determined and stated in the Quotation and/or Invoice. Such additional fees include but not limited to, fees for delivery on public holidays and non-office hours, additional labour costs, delivery of bulky items, parking fees, toll fees (for tunnels, bridges and others).
- Adverse weather arrangement
Our services will ONLY be suspended if the typhoon signal no. 8 or black rainstorm is hoisted 6 hours prior to the date of event. We will liaise with you and re-schedule the date of event provided that such event shall be held within 60 calendar days from the original date of event. For the avoidance of doubt, the amounts paid for a Confirmed Order are not refundable.
- Product and Service Information
- Whilst we make our best efforts to provide you with accurate and up-to-date descriptions, prices, promotional and other information relating to our products and services, there may be instances where errors and differences may occur. We cannot guarantee that such information will be accurate and up-to-date at all times. To the extent permitted by applicable laws, we shall not be liable for any errors or differences in such information.
- We are under no obligation to fulfil an order based on any inaccurate information as stated in paragraph 6(a) above. If we discover an error we will inform you as soon as practicable and give you the option of reconfirming your order (with the accurate terms) or cancelling it. We shall refund payment (if any) in accordance with our prevailing refund policy at such time.
- We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all products, services and promotions without prior notice and at our absolute discretion.
You agree that you shall defend, indemnify and hold us, our affiliates, our licensors, and each of our and their respective officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation or breach of any term of these Terms or any relevant laws, whether or not referenced herein; (ii) your violation of any rights of any third party; or (iii) your use or misuse of our services.
- Force Majeure
We shall not be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including without limitation, violent demonstrations, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God.; we shall use reasonable efforts to resume performance as soon as practicable under the circumstances.
- Disclaimer and Limit of Liability
- To the extent permitted by law, we make no representation or warranty of any kind, express or implied, including without limitation, any warranties on merchantability or fitness for any particular purpose or non-infringement.
- Our kitchen and equipment used may contain traces of nuts, egg, dairy, gluten and other known allergens. Although all care is taken by us to ensure these items are contained, we cannot guarantee that all dietary requirements will be met. We will not accept responsibility or liability for an adverse reaction to any of our food.
- To the fullest extent permitted by applicable law and unless otherwise agreed by us in writing, we shall not be liable for any damages resulting from or in connection with the use of or inability to use our products and/or services (including but not limited to any consequential, indirect or incidental damages or any loss of profit or damages to your computer or mobile device). Without prejudice to the foregoing and insofar as permitted under applicable law, our aggregate liability shall in no event exceed Hong Kong dollars 1,000 or an amount recoverable by us pursuant to the insurance policies maintained by us (if any).
- You may not assign or transfer any of your rights or obligations under these Terms to any person without our prior written approval. We may assign and transfer any of our rights and obligations under these Terms to any party and notify to you of such assignment or transfer. We warrant that your rights under these Terms shall be maintained by the assignee.
- If any provision under these Terms is rendered void, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected by it and shall continue to apply.
- The original text of these Terms is in English. In the event of any inconsistency between the English text and any foreign language translation, the English text shall prevail.
- Governing law
- In the case of any dispute, we reserve the right of final decision.
- These Terms shall be governed by and construed in accordance with the laws of Hong Kong. In the event of any dispute or matter arising under these Terms, both you and we agree to submit to the exclusive jurisdiction of the courts of Hong Kong SAR.