TERMS OF SERVICES

1.1
In these Terms and Conditions the following definitions shall apply:

1a) "Customer" shall mean you and all other persons who access this site under your Login.

1b) "Intellectual Property" shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, trademark, database or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof.

1c) "Legal Notice and Disclaimer" shall mean the legal notice and disclaimer applicable to this site (see below).

1d) "Login" shall mean a Customer's personal password and access to this site under that Customer's registration.

1e) "Privacy Policy" shall mean YYY House of Cakes’ policy regarding personal data collected in connection with this site and YYY House of Cakes' policy regarding the privacy of Customers and visitors to this site, located at here.

1f) "Price" shall mean the price of a product on the day of order.

1g) "Product/Products" shall mean any and all the products for sale on this site.h) "YYY House of Cakes" shall mean YYY House of Cakes Ltd., the seller of the products on this site.

1.2
All Products sold by YYY House of Cakes through this site are subject to these Terms and Conditions. By submitting your order for processing at this site, you confirm that you have read, understood and agreed to the Terms and Conditions prevalent at the time your order is submitted for processing.

1.3
These Terms and Conditions incorporate the Legal Notice and Disclaimer and Privacy Policy and these documents shall prevail over any other document including any of our store policies purporting to have a contractual effect.

1.4
The Customer shall provide YYY House of Cakes with accurate and complete credit card information and represents and warrants to YYY House of Cakes that his use of the credit card (details of which have been supplied) is authorized and legal.

1.5
YYY House of Cakes has the absolute discretion to refuse registration of any person as a Customer and to terminate the registration of any Customer for any reason whatsoever.

1.6
The Customer agrees to pay for every order made and agrees to indemnify YYY House of Cakes for all claims, loss and damages whatsoever made by any third party arising from the actions of any person placing any orders for the Products. The Customer shall be responsible for updating his registration information including his credit card particulars with YYY House of Cakes. The Customer shall be responsible for notifying his bank of any changes to his record, or loss, theft or unauthorized use of his credit card.

1.7
YYY House of Cakes shall make every effort to fulfil orders placed by Customers through YYY House of Cakes Online Shopping, but shall not be liable to any person if YYY House of Cakes Online Shopping shall decline or become unable to fulfil an order for whatever reason, including supply shortage or supply modification.

1.8
Notwithstanding the provisions of clause 1.7, YYY House of Cakes reserves the right to decline any order it may, in its sole discretion, consider unreliable for credit reason or otherwise.

1.9
Products and Prices displayed on this site are for reference only and are subject to change, alteration or modification at the time of actual transaction.

1.10
The Price does not include delivery charges which may be applicable. Please see section 4 for details of delivery charges.

1.11
All rights, including copyright, in this website are owned by or licensed to YYY House of Cakes. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

1.12
Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

1.13
Orders will be confirmed via e-mail. Customers must provide YYY House of Cakes with their accurate e-mail address or contact details.

1.14
It is the Customer’s responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

1.15
YYY House of Cakes reserves the rights to all photography of their Products. Customers must provide written notice to YYY House of Cakes via e-mail for their Product not to be posted on any social media platform.

2.1
YYY House of Cakes shall make every effort to ensure that prices, details and sizes of Products detailed on this site are up-to-date but YYY House of Cakes reserves the right to vary the price and other details of the Products without prior notice.

2.2
Not all product size will correspond exactly to the description offered on-line. YYY House of Cakes reserves the right to provide the nearest product size at the nearest price.

2.3
If the Customer requests a variation to the order which YYY House of Cakes has accepted then the Price payable for the order will be adjusted accordingly to reflect the variation and shall be recorded on the final bill presented to the Customer at the time of delivery.

2.4
YYY House of Cakes may from time to time and at its absolute discretion set credit limits for any Customer and/or limit sales to any Customer including denying sales to re-sellers.

3.1
Payment for Products ordered through YYY House of Cakes Online Shopping can be made by credit cards prior to delivery.

3.2
Payment for Products ordered through telephone, email, any instant messaging service providers, and or any social media platforms, can be made by bank transfer or cash upon delivery.

3.3
For cash upon delivery payments, 50% deposit must be made to secure booking.

3.4
For orders made by telephone, email, any instant messaging service providers, and or any social media platforms, full payment must be made in order for the booking to be secure.

3.5
Orders are secured on a first come first serve basis. YYY House of Cakes reserves the right to reject orders and to refund purchases made online if YYY House of Cakes cannot, for any reason, fulfil the order.

3.6
YYY House of Cakes may change at any time the method by which payments for YYY House of Cakes Online Shopping orders may be effected and such changes may be notified to the Customer by telephone, email, any instant messaging service providers, and or any social media platforms.

4.1
Delivery charges vary according to the delivery address and cannot be refunded.

4.2
Purchases made through www.yyyhouseofcakes.com may be collected from our licensed kitchen, or Ocean Part MTR station, or we can arrange delivery for which there will be an additional charge as displayed on the website.

4.3
YYY House of Cakes shall use reasonable endeavours to deliver Products to the delivery address specified on the registration form in a timely manner but shall not be liable for any delays, or non-delivery for causes beyond its control.

4.4
YYY House of Cakes shall deliver Products according to “My Shopping Cart” of the Customer. The Customer shall include all purchase items in the shopping cart. The Customer shall not be entitled to re-delivery of any items out of the shopping cart.

4.5
YYY House of Cakes will only serve delivery to Hong Kong Island, Kowloon and the New Territories of the Special Administrative Region of Hong Kong.

4.6
YYY House of Cakes reserves the right to determine the available delivery time frame. Customers are to indicate the time of cake cutting, and YYY House of Cakes will arrange delivery between the hours of 10:00 to 18:00 Monday to Saturday.

4.7
No delivery services shall be available on the 1st and 2nd day of Chinese New Year, and when typhoon signal No 8 or the black rainstorm signal is hoisted; or such other weather condition whereby delivery is considered unsafe.

4.8
No delivery shall be available to premises situated in buildings which have no legal unloading areas within 50 meters of the building. Delivery service does not include areas that cannot be reached directly by our vehicles or buildings without a functioning lift to the 3/F or above.

4.9
It is the responsibility of the Customer to notify YYY House of Cakes immediately of any change to its delivery address.

4.10
All deliveries shall be only made to the entrance of delivery address specified on the registration form. YYY House of Cakes has no obligation to make the delivery to any specific location within the delivery address. All deliveries shall be signed off by the Customer with a signature and a record of delivery time on the receipt (except where the Customer has specifically instructed YYY House of Cakes to leave his delivery outside the door provided payment has already been effected – such delivery shall be at Customer's own risk). The Customer shall ensure that a person aged 16 or above is present and authorised to receive at the specified time of delivery at the Customer's address. If no such person is present, the delivery shall be withdrawn and attempted at another time agreed. In such circumstances, YYY House of Cakes reserves the right to charge the Customer an extra delivery fee.

4.11
YYY House of Cakes is not responsible for poor storage or further transport of Product after delivery (as per clause 4.10) has been completed.

4.12
The Customer will become the owner of the Product once delivery has been completed (as per clause 4.10). The Product is then held at the Customer’s own risk and responsibility. Cakes should be stored in a cool dark place or refrigerated, as per instructions attached to the box, and on a flat stable surface.

4.13
YYY House of Cakes reserves the right to decline delivery of the Products to any Customer at its sole discretion absolutely.

5.1
The Customer may vary or cancel the order without incurring costs before YYY House of Cakes has commenced processing the order. However if YYY House of Cakes has commenced processing the order, the

a) b) c) d)
following cancellation charges apply:

10 days or more before time of delivery: 0%
5 days before time of delivery: 25%
3 days before time of delivery: 50%
1 day or less before time of delivery: 100%

5.2
The Customer's consent, YYY House of Cakes may substitute a Product for another similar the initial Product ordered by the Customer is unavailable. Otherwise, the

Product item
Subject to
Product if
will be deleted from the Order and the bill will be adjusted accordingly.

5.3
If there is no prior consent from the Customer for a substitution, no substitution will be made.

6.1
All risks in the Products shall pass to the Customer upon delivery but YYY House of Cakes shall retain title in the Products until full payment has been received.

7.1
Images of Products on this site may not correspond exactly to Product description and are for reference only. The Customer shall not be entitled to return a Product on the basis that it does not correspond exactly to its on-line image.

7.2
YYY House of Cakes shall assume no obligation or liability for any advice or information provided with Products displayed on this site and shall not be responsible for any inaccuracy or misstatement of any such information.

7.3
YYY House of Cakes shall use reasonable efforts to ensure that orders are correctly fulfilled and shall deal with any discrepancies in the following manner, provided they are reported within three days of delivery via telephone, email, any instant messaging service providers, and or any social media platforms.

7.4
Refund will be provided only if:

a) The Product was damaged before or during the delivery of the Product. Customers must notify YYY House of Cakes within 24 hours of receipt of the delivery.

b) If the Customer has been charged for a Product which has not been delivered, YYY House of Cakes shall refund to the Customer the Price of that Product as originally charged to the Customer.

c) If a Customer is charged more than the Price of a Product, YYY House of Cakes shall refund to the Customer the difference.d) YYY House of Cakes will not refund or exchange goods or rectify discrepancies 3 days after delivery.

7.5
YYY House of Cakes’ liability to any Product delivered is limited to refund or replacement specified above. All other remedies are excluded.

7.6
Refunds shall be credited, at YYY House of Cakes’ option, to the Customer's credit card account as supplied in the registration form or in the form of cheque.

7.7
In case of dispute, YYY House of Cakes reserves the right of final decision.

8.1
If the performance by YYY House of Cakes of its obligations under this site is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of YYY House of Cakes), YYY House of Cakes shall be excused from such performance to the extent of such prevention.

9.1
YYY House of Cakes reserves the right to amend these Terms and Conditions in its sole discretion and without prior notice to Customers. The Customer is reminded to review the Terms and Conditions prior to submitting any order. Once an order is placed, the Customer is deemed to have accepted the Terms and Conditions prevalent at the time.

10.1
In the event of any discrepancy in the translation of this text, the English version shall prevail.

11.1
Notwithstanding the Contracts (Rights of Third Parties) Ordinance when it becomes effective and/or any comparable law in any jurisdiction, these terms and conditions are personal to and are made solely for the benefit of the parties to them and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any term of these terms and conditions are expressly excluded and no terms of these terms and conditions are, or are intended to be, enforceable by any person not being a party to them. Notwithstanding the foregoing in this paragraph, third party rights under these terms and conditions shall be enforceable by YYY House of Cakes Limited and/or an entity which, as at the time of enforcement, is a direct or indirect wholly-owned subsidiary of YYY House of Cakes Limited in accordance with the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to these terms and conditions, or any term of these terms and conditions, are not subject to the consent of any third party (including YYY House of Cakes Limited and/or any of the wholly-owned subsidiaries at all times). The term “subsidiary” shall have the same meanings as in section 15 of the Companies Ordinance (Chapter 622) as amended from time to time.

12.1
These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and the Customer and YYY House of Cakes agree to submit to the jurisdiction of the Hong Kong courts.