Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.

These terms and conditions, along with any policies linked herein (collectively, "Terms"), outline the terms of use applicable to www.vomfass.com.hk and the mobile applications owned by and/or operated by or on behalf of WCF ASIA Limited (vomFASS Hong Kong) or any of its affiliates ("Platform"). WCF ASIA Limited (vomFASS Hong Kong) and/or any of its affiliates are herein referred to as "vomFASS Hong Kong/we/us". Where we have separate terms and conditions of use for certain products or services provided to you, such separately defined terms will apply to those respective products or services.

By accessing or using the Platform on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you consent that you have read, understand, and agree to abide by these Terms and any applicable laws, whether or not you are a registered member of vomFASS Hong Kong. We may change these Terms at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform will be deemed as your acceptance to the revised Terms. If you do not agree to these Terms, please do not use this Platform.

All intellectual property on the Platform (excluding "User Generated Content") is owned by vomFASS Hong Kong or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered, and/or licensed by vomFASS Hong Kong. All content, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") on the Platform (excluding User Generated Content), is a collective work under the copyright laws of Hong Kong and other countries, and is the proprietary property of vomFASS Hong Kong, also safeguarded by applicable copyright laws and treaties worldwide. All such rights are reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify vomFASS Hong Kong trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform, without our prior written consent. The use of vomFASS Hong Kong trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Platform in any external Internet site or the creation of links, hypertext, or deeplinks between the Platform and any other Internet site, is prohibited without the express written consent of vomFASS Hong Kong.

Platform Use Restrictions

You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase vomFASS Hong Kong products. You agree not to alter or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without vomFASS Hong Kong's prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping, or similar data gathering methods. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you.

Terms of Sale

The vomFASS Hong Kong platform only sells alcoholic products to adults that are 18 years of age or above. If you are under the age of 18, you are only able to purchase any of our non-alcoholic products (oils, vinegars, gourmet food, etc).

Establishing an Account

In order to purchase Products/services from the Platform and to access/use some features on the Platform, you may be required to establish and use an account. However, you can only establish an account if you are 18 years of age or older. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account, you must;

provide accurate and truthful information,
update such information from time to time as necessary to keep your registration information current and accurate.

You shall be solely responsible for any loss or damage that may arise from and/or in connection with any incorrect or incomplete information provided by you. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are solely responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities including, without limitation, all purchases of the Products and services through the use of the Platform that occur under your account or password shall be your responsibility. Please ensure you have read and understood the terms of our Privacy Policy before you provide any personal information to us.

Purchase of Products

All information on the Platform is an invitation to treat and not an offer or unilateral contract. You agree that your order is an offer to purchase the Products listed in your order from vomFASS Hong Kong under these Terms and Conditions.
All prices are indicated and charged in Hong Kong Dollars.

Right Not to Accept Orders

Fulfilment of all orders on the platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations (which list is not intended to be exhaustive), without being liable for any damages or costs other than repayment of any amount received from you in relation to the order we have cancelled:

The product is not available or out of stock;
Your billing information is not correct or not verifiable;
Your order is flagged up by our security systems as an unusual order or an order susceptible to or suspected of fraud;
We could not deliver to the address provided by you;
We believe you are under the age of 18 years old;
There was an error in the price display on the platform;
In the event of misspelling, pricing or other errors or mistakes in the platform information; or due to circumstances or events beyond our control.

Price Changes

The prices of the products will be as displayed on the platform.
Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.

Disclaimer of Warranties

The platform and any products or services made available through the platform are provided to you "as is" without any warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and that you bear all risks associated with, the use of the platform, including without limitation, any reliance on the accuracy, completeness or usefulness of any materials available through the platform. vomFASS Hong Kong disclaim all warranties with respect to the platform and any product or service (including without limitation, third party products and services) obtained through the platform, to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

Limitation of Liability

VomFASS Hong Kong will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, negligence, strict liability, or other theory, including without limitation, damages for loss of profits, use, data, loss of other intangibles, loss of security of information you have provided in connection with your use of the Platform, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. In particular, and without limitation, vomFASS Hong Kong will not be liable for damages of any kind resulting from your use of or inability to use the Platform or from any content posted on the Platform by vomFASS Hong Kong or any third party, unless such damage is the result of any wilful misconduct on the part of vomFASS Hong Kong. Your sole and exclusive remedy for dissatisfaction with the Platform is to stop using the Platform.
While we try to maintain the integrity and security of the Platform and the servers from which the Platform is operated, we do not guarantee that the Platform will be or remain secure, complete, or correct, or that access to the Platform will be uninterrupted. The Platform may include inaccuracies, errors, and materials that violate or conflict with these Terms and Conditions. Additionally, third parties may make unauthorized alterations to the Platform. If you become aware of any unauthorized third party alteration to the Platform, please contact us immediately at hongkong@vomfass.com.hk or by whatsapp at +852 5950 1713 with a description of the material(s) at issue and the URL or location on the Platform where such material(s) appear.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these jurisdictions, the relevant limitations or exclusions may not apply to you.

Termination

VomFASS Hong Kong reserves the right to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) or your use of this Platform at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Platform, Products, and services available on or through the Platform at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.
Any sections of these Terms and Conditions that must survive termination in order to give effect to their intent and meaning shall survive termination of these Terms and Conditions. The termination of your account shall not affect any rights of vomFASS Hong Kong or any liabilities and obligations of you accrued prior to such termination.
If you have any questions about these Terms and Conditions or the Platform, please direct your questions to hongkong@vomfass.com.hk or contact us directly by whatsapp at +852 5950 1713.

Changes to these Terms and Conditions

If vomFASS Hong Kong decides to change these Terms and Conditions, we will post the changed terms and conditions on the Platform. You are advised to regularly check whether they have changed.
IF YOU CONTINUE TO USE THE PLATFORM AFTER THE EFFECTIVENESS OF THE CHANGED TERMS AND CONDITIONS, YOU ARE DEEMED TO HAVE FULLY ACCEPTED THE CHANGES.

Governing Law and Jurisdiction

These Terms and Conditions (including all policies referred to herein) are governed by the laws of Hong Kong.
Any dispute arising from or relating to these Terms and Conditions (or any policy referred to herein) shall be subject to the exclusive jurisdiction of the competent Hong Kong court.

Entire Agreement

These Terms and Conditions, together with all policies referred to herein, constitute the entire agreement between you and vomFASS Hong Kong relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and vomFASS Hong Kong relating to the subject matter herein.

Language

If there is any inconsistency or ambiguity between the English version and any other language version, the English version shall prevail.

Date of last revision: January 25, 2024