Terms & Conditions
- Please read these Terms carefully and ensure you understand them before placing an Order to us. You will be deemed to have accepted these Terms when you place an Order to us.
- We may change these Terms from time to time. Changes to these Terms will not affect any Orders you have placed where we have sent the Order Confirmation before such change.
- If you have any question regarding these Terms, please contact our support team on our Website or via Instagram Account or WhatsApp.
“Account” has the meaning as defined in Clause 10.1.
“Bespoke Order” means Orders that are tailor-made by FreshBox according to Customer’s requests.
“Customer” or “you” means any customer purchasing the Products from us.
“Feedback” has the meaning as defined in Clause 13.2.
“FreshBox” or “Our Company” or “we” or “us” means FreshBox Company Limited.
“Frozen Food” means pre-cooked frozen food stored in a vacuum sealed package.
“Mealbox” means pre-cooked and refrigerated food stored in a mealbox.
“Instagram Account” means FreshBox’s Instagram account (account name : freshboxhk).
“Order” means an order for sale and purchase of the Products.
“Order Confirmation” has the meaning as defined in Clause 3.1.
“Other Channels” have the meaning as defined in Clause 3.2.
“Products” means the products to be provided by FreshBox to a Customer pursuant to an Order, including but not limited to Mealbox, Frozen Food and Bespoke Order.
“Terms” means these Terms and Conditions.
“Third Parties Ordinance” has the meaning as defined in Clause 18.4.
“Website” means FreshBox’s website at https://freshboxhk.com/.
- Orders and Acceptance
- The information set out in these Terms do not constitute an offer for sale but rather an invitation to treat. All Orders submitted by you shall be deemed to be an offer made by you to purchase the Products set out in your Order in accordance with these Terms. There is no binding agreement for us to sell you any Product unless and until we accept an Order by sending you a written confirmation of your Order by way of email or WhatsApp (“Order Confirmation”).
- To submit an Order you will be required to (a) follow the online shopping process described in our Website or provided to you via our Instagram Account; (b) provide us necessary information including but not limited to your name, address, delivery date and time, dietary restrictions and allergies via our Website or Instagram Account; and (c) pay us via our accepted payment methods to be updated from time to time. You may also place an Order via other communication channels accepted by us from time to time (“Other Channels”) but subject always to these Terms unless otherwise agreed.
- Unless otherwise agreed by the parties, you are required to place any Order and complete the payment at least 24 hours in advance of your preferred delivery time and date, failing which we will not further process or accept your Order.
- We will endeavour to respond to your Order and confirm whether we accept (by issuing an Order Confirmation) or reject the same (by notifying you) as soon as possible but in any event during our normal working hours.
- FreshBox shall have the sole and absolute discretion to accept or reject any Order, to which you agree not to raise any objection. Where an Order is refused or cancelled by FreshBox, we will refund any payment already made for such Order and inform you in writing accordingly.
- Price and Payment
- The total price of your Order (including but not limited to the price of the Product and any service and delivery fee) will be set out on the checkout page of our Website or through our Instagram Account or Other Channels before your payment.
- If no payment is made at the time of placing your Order, we will not further process or accept your Order. Processing of payment of an Order shall not in itself constitute acceptance of the Order by FreshBox.
- All prices are in Hong Kong Dollars.
- Payment for the Orders can be made by credit card, store credit or other payment method made available by us from time to time.
- By placing your Order, you authorise us to transmit information to banks or third party payment gateways from time to time and this may include requesting pre-authorisation on your credit card to ensure there are sufficient funds available to complete the transaction, authentication of your identity, validation checks on your credit card by the issuer, protection against fraud and to enable delivery of your Order. By placing your Order, you confirm that the credit card belongs to you, and have sufficient funds or credit facilities to cover the cost of the Order.
- FreshBox is under no obligation to fulfil an Order if the price listed on our Website, Instagram Account or Other Channels is incorrect (even after an Order Confirmation has been sent by us). If we discover an error in the price of any Product which you have ordered, we will inform you and give you the option of reconfirming your Order for such Product at the correct price or cancelling it. By confirming your Order for such Product, you authorise us to charge the additional amounts to you using the same payment method you used when making your Order. If we are unable to contact you, we will treat the Order for such Product as cancelled and will notify you accordingly. If you cancel your Order for such Product, we will refund your payment via the same method that payment was originally made.
- We will aim to deliver the Product to you at the place of delivery and delivery date and time as specified in our Order Confirmation. Due to varying traffic and weather conditions, we do not guarantee that delivery will be made at the scheduled delivery time but we shall endeavour to deliver your Order within 1.5 hours before and after the scheduled delivery time.
- We will attempt delivery at the address stated in the Order Confirmation. We will contact you shortly before attempting delivery to confirm that you or your representative will be available to receive the Product when we arrive. Our delivery staff or contractor will wait for 10 minutes upon arrival at the delivery address.
- You will still be charged for the Order in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to) you do not pick up the Product within 10 minutes of our delivery staff or contractor’s arrival, do not pick up the phone when our delivery staff or contractor contacts you using the contact information you provided us and/or you pick up the phone but then fail to provide access within a reasonable amount of time, and our delivery staff or contractor is unable to find a safe location to leave the Product. We will not arrange for re-delivery or refund in these circumstances.
- There may be locations that we are unable to deliver to, in which case we will inform you using the contact details provided by you when submitting your Order and arrange for an alternative delivery method or cancellation of your Order.
- Product acceptance and issues
- FreshBox will endeavour to provide you Product that is of merchantable quality and complies with the specifications stated in the Order Confirmation.
- You agree to inform us any dietary restrictions and allergies when you submit your Order, and we will try our best to meet your dietary requirements. However, we will inform you if it is not possible for us to meet any of your dietary requirements (e.g. a certain ingredient that you are allergic to cannot be excluded in a Product), and arrange for changing the Product or cancellation and refund of your Order. We shall not be liable for any claims, demands, loss or damage suffered by you by reason of your failure to disclose relevant dietary requirements.
- You are required to inspect the delivered Product within 2 hours from the actual delivery time during which you will have a reasonable opportunity to examine the delivered Product.
- If you discover any issues including but not limited to delivery of wrong Product, tampered Product, quality issues or any other issues regarding the Product, you are required to contact us during the said 2-hour window. We may request a photograph showing the problem if it is something that can be seen by inspecting the Product. If we take the view that the Product issue was due to our fault, we will contact you to resolve the issue (whether by way of re-delivery or refund depending on the circumstances) as soon as practicable.
- If we do not receive any compliant or communication from you within the said 2-hour window, you will be deemed to have inspected and accepted the Product, and confirmed that the Product is of merchantable quality and complies in all respect with all specifications listed in the Order Confirmation.
- Change and Cancellation Policy
- Unless otherwise provided, all Orders are non-refundable, non-cancellable and non-transferrable once an Order Confirmation is issued to you.
- Change of delivery date, time or address : You must contact us before 12 noon on the day immediately preceding the scheduled delivery date to request for such change. We will not accept any such request after the said cut-off time. If we accept your request, you must pay us an additional fee of HK$50 within 1 hour of our written approval of your request. If we do not receive the said payment within the said time limit, we will not process your request further and shall arrange for delivery at the original delivery date/time or address as stated in the Order Confirmation.
- Change of Product : You must contact us before 12 noon on the day immediately preceding the scheduled delivery date to request for such change. If we accept your request, you must pay us any price difference of the original Product and the changed Product within 1 hour upon our written approval of your request. If we do not receive the said payment within the said time limit, we will not process your request further and shall arrange for delivery of the original Product as stated in the Order Confirmation. If the price of the changed Product is less than the original Product, we will refund the price difference to you via store credit only within 1 hour upon our written approval of your request.
- We will send you an updated Order Confirmation through WhatsApp if we accept your request according to Clauses 7.2 and/or 7.3.
- FreshBox shall have the sole and absolute discretion to accept or reject any abovesaid request, to which you agree not to raise any objection.
- Consumption and storage of Products
- By purchasing or using our Products, you acknowledge and agree that you understand that you are doing so at your own risk relying on your own skill and judgment and have consulted with your doctor or other health professional about any change in your diet.
- We do not guarantee our Products will heal or cure any health condition or symptom you may or may not have. No Product we offer is meant to diagnose, treat, prevent, or cure any medical condition you may or may not have.
- You agree to strictly adhere to our storage and reheating instructions for each Product posted on our Instagram Account and updated from time to time.
- Since all Products are fresh and preservative-free, please consume all Mealboxes within 2 hours of delivery and Frozen Food by the “best before” date printed on vacuum sealed package.
- To the extent permissible by law, FreshBox shall not be liable for any claims, demands, loss or damage suffered due to your failure to comply with this Clause.
- Bespoke Orders
Please contact our support team on our Website or via Instagram Account or WhatsApp if you would like to place a Bespoke Order. Unless otherwise agreed in writing, these Terms shall also apply to any Bespoke Order.
- Your FreshBox Account
- Before you place Orders on our Website, you have the option to open a FreshBox account (“Account”) or checkout as guest. When you open an Account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your Account, you will be responsible to pay for any Products they order, and we are not responsible for any other losses you suffer.
- You may close your Account at any time by requesting to do so in your Account section of our Website or contacting us using the contact details above. We may suspend your access to your Account, or close it permanently, if we believe that your Account has been used by someone else. We may also close your Account if in our opinion you are abusing our service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff or contractors, or any other good reason). If we close your Account permanently, we will refund any remaining Account credit you have validly obtained by applying a credit to your registered credit card, or other payment methods we accept.
- Store credit
- In case of any refund, we may refund by way of store credit by crediting the refunded amount to your Account and you may purchase our Products using the available store credit in your Account.
- Store credits cannot be (a) redeemed or exchanged for cash; and (b) resold, transferred or shared with others.
- All store credits are valid for a period of 1 year from the credit date and shall expire thereafter.
- FreshBox’s liability
- To the maximum extent permissible by law, (a) we are only liable to direct loss or damage suffered by you as a result of our breach of these Terms and our maximum liability to you is capped at the total amount of the relevant Order; and (b) we shall not be liable for any unforeseeable, indirect, incidental, special, punitive or consequential loss or damage, including any loss of business or profit, suffered by you due to any reason.
- ALL OTHER WARRANTIES, CONDITIONS, OR TERMS RELATING TO FITNESS FOR PURPOSE, QUALITY, OR CONDITION OF THE GOODS, WHETHER EXPRESS OR IMPLIED BY STATUTE OR COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
- Whilst FreshBox makes best efforts to provide you with accurate and up-to-date images, details, descriptions, prices, and promotional information, there may be instances where errors and differences may occur. We cannot guarantee that your electronic display of any Product colour or image will be accurate. FreshBox shall not be liable for any errors or differences in the images, details, descriptions, prices, and promotional information listed on our Website and hereby disclaims all liability and responsibility arising from any reliance placed on such materials.
- FreshBox shall not guarantee or assume any responsibility that: (a) the information presented in Website, Instagram Account, WhatsApp chat and Other Channels is accurate, adequate, current, or reliable, or may be used for any purpose other than for general reference; (b) the information presented in our Website, Instagram Account, WhatsApp chat and Other Channels is free of defect, error, omission, virus, or anything which may change, erase, add to, or damage your software, data or equipment; (c) messages sent through the internet or social media will be free from interception, corruption, error, delay, or loss; (d) access to Website, Instagram Account, WhatsApp chat and Other Channels will be available or be uninterrupted; or (e) use of the Products will achieve any particular result.
- The limitation of liability contained in these Terms will apply to the fullest extent permitted by applicable laws.
- Intellectual Property Rights
- We are the owner of, or the licensee of, all intellectual property rights in our Website, Instagram Account, WhatsApp chat and Other Channels, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
- You agree that we are free to use, disclose, adopt, and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments, and other communications and information provided by you to us (“Feedback”) in connection with the Products without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges, and/or other payments relation to our use, disclosure, adoption, and/or modification of any or all of your Feedback.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold us harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms and/or your use of the Website.
- Third party links and information
Where our Website may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Increment weather arrangements
- When Amber or Red Rainstorm Warning signal or Typhoon No.3 or below is hoisted at the time of your scheduled delivery, we will deliver your Order as scheduled but delivery may be delayed due to poor weather and traffic conditions.
- When Black Rainstorm Warning signal or Typhoon no.8 or above is hoisted, all deliveries will be suspended. If your Order is scheduled for delivery at the time when Black Rainstorm Warning signal or Typhoon no.8 or above is hoisted, you must (a) contact us to reschedule your delivery date and time within 24 hours of your original delivery date and time; and (b) arrange a re-delivery date and time (to be agreed by us) falling within 7 days of your original delivery date and time, failing which we will not arrange for re-delivery or refund.
- We will post and update our prevailing increment weather policy in respect of deliveries that may be affected by the issue of Black Rainstorm Warning signal or Typhoon no.8 or above on our Instagram Account from time to time, which will be binding on you unless otherwise agreed by the parties.
- Force majeure
- No party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances, or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations.
- The affected party shall use all reasonable endeavours to mitigate the effect of a force majeure event on the performance of its obligations.
- A force majeure event shall include such events as an act of God, fire, flood, typhoon, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic illness, failure of utility service or transportation, request from a government, or interference from civil or military authorities.
- In the event that a court of competent jurisdiction determines that any portion of these Terms is in violation of any law or public policy, only the portion of these Terms that violates such law or public policy shall be stricken. All portions of these Terms that do not violate any statue or public policy shall continue in full force and effect. Further, any court order striking any portion of these Terms shall modify the stricken terms as narrowly as possible to give as much effect as possible to the intentions of the parties under these Terms.
- These Terms shall constitute the entire understanding between the parties and supersede any prior or contemporaneous, oral or written representation or agreement between the parties with respect to the subject matter of these Terms.
- Failure by FreshBox to insist upon strict performance of any of these Terms, or delay in exercising any of its remedies, shall not constitute a waiver of such terms and conditions or a waiver of any default, nor of the remedy.
- For the purpose of the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) (“Third Parties Ordinance”), a third party who is not party to these Terms has no right under the Third Parties Ordinance to enforce or enjoy the benefit of any term of these Terms.
- These Terms shall be governed by the laws of Hong Kong. The parties agree to submit to the exclusive jurisdiction of the Hong Kong courts.