Our terms

 

Thanks to Herbert Smith Freehills for pro bono legal support provided to Cookie Smiles

 

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
  2. Information about us and how to contact us
  3. Our contract with you
    • How we will accept your order. Our acceptance of your order will take place when you are directed to a confirmation page on our website, at which point an agreement will come into existence between you and us.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or description of the product or because we are unable to meet a delivery deadline you have specified.
    • Your invoice number. We will assign an invoice number to your order and tell you what it is when you receive an email invoice from us after placing an order. It will help us if you can tell us the invoice number whenever you contact us about your order.
    • We only sell to Hong Kong. Our website is solely for the promotion of our products in Hong Kong. Unfortunately, we do not accept orders for addresses outside Hong Kong.
  4. Our products
    • Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website may have a degree of tolerance.
    • Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
  5. Your rights to make changes and responsibility
    • You may be able to make changes in certain circumstances. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. We cannot change your order once it has been processed.
    • Your account and login details. You are responsible to provide us with accurate, complete and up to date information. We have the discretion to refuse your registration on our site or terminate your registration at any time. You agree to pay for every order made under your login and agrees to indemnify us for all claims, loss and damages whatsoever made by any third party arising from the actions of any person placing any orders for the product or services using the login.
    • Your password. Access to our site is gained through use of a personal password. We are not responsible for any offline password management and you should ensure that your password is kept strictly confidential to prevent unauthorized use. We are not liable for any loss or damages whatsoever if any third party gains unauthorized access to this site using the login.
  6. Our rights to make changes
    • Changes to the products. We may change the product:
      • to reflect changes in relevant laws and regulatory requirements; or
      • to implement minor adjustments and improvements. These changes will not affect your use of the product; or

We may substitute a product or services to a similar alternative if the original product or services is unavailable. We will obtain your confirmation before doing so.

  1. Providing the products
    • Delivery costs. The costs of delivery will be displayed to you on our website.
    • When we will provide the products.
      • If the products are goods. If the products are goods we will use our best endeavours to deliver them to you on Wednesday of every week. Please note we will require a minimum processing time of 7 working days after we have received your full payment.
      • If the products are one-off services. You will be informed of the estimated completion date for the services before confirmation of your order.
      • If the products are ongoing services or a subscription to receive goods. We will supply the services or goods to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
    • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
    • Collection by you. If you have asked to collect the products from our premises at 3/F On Lan Centre, 11-15 On Lan Street, Central, Hong Kong, you can collect them from us at any time during our working hours, 10:30am – 7:00pm, on weekdays (excluding public holidays) and Saturdays.
    • If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
    • If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 2 will apply.
    • When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or collected by you or a carrier organised by you collect it from us. Risk in the products shall pass to you upon receipt of delivery by you or a carrier organised by you.
    • Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
      • deal with technical problems or make minor technical changes;
      • update the product to reflect changes in relevant laws and regulatory requirements;
      • make changes to the product as requested by you or notified by us to you (see clause 6).
    • Your rights if we suspend the supply of products. We may contact you to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. We may substitute a product or services to a similar alternative if the original product or services is unavailable. We will obtain your confirmation before doing so.
    • We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 3) and you still do not make payment within 24 hours of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We may end the contract and clause 10.2 will apply.
  2. Your rights to end the contract
    • You may be able to end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      • If what you have bought is faulty you may have a legal right to end the contract (or to get the product replaced or a service re-performed), see clause 11;
      • In all other cases (if we are not at fault and there is no right to change your mind), see clause 2.
    • When you don't have the right to end the contract. You do not have a right to end the contract if:
      • services, once these have been completed, partly or fully; or
      • products have been ordered, or sealed for health protection or hygiene purposes, once these have been delivered to you.
  1. How to end the contract with us
  2. Our rights to end the contract
    • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      • you do not make any payment to us when it is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
      • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
      • you do not, within a reasonable time, allow us access to your premises to supply the services.
    • You must compensate us if you break the contract. If we end the contract in the situations set out in these terms and conditions or clause 1 we will not refund any money you have paid in advance for products as compensation for the costs we will incur as a result of your breaking the contract.
  3. If there is a problem with the product
  4. Price and payment
    • Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 2 for what happens if we discover an error in the price of the product you order.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We reserve the right to adjust our pricing due to changes from our suppliers or otherwise.
    • When you must pay. You must pay when you place an order with us with the payment methods available on our website. You must provide us with payment information that you have been authorised and is legal to use. We will start processing the orders 1 working day after we have received your full payment.
    • Payment methods. Our payment instructions are set out in the website and may be changed from time to time without prior notice to you. In general, we offer the following payment methods:
      • PayPal/ Credit Card. After you have checked out your items on our website, please select to proceed with payment via PayPal. Please follow the payment instructions on PayPal’s website. You will then receive an email notification after you have completed the payment. We will process your order afterwards.
      • Bank Transfer/ ATM Bank Transfer. After you have checked out your items on our website, please proceed with the payment following the instructions set out in our email which includes our bank details and other useful information. We recommend completing the transfer as soon as possible after placing your order so that it will not affect your delivery date. Please remember to keep your payment slip and send us a copy of the slip after you have made the transfer. You will then receive an email notification to confirm you have successfully paid.
  1. Our responsibility for loss or damage suffered by you
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
    • We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  2. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation without your consent.
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Hong Kong law and you can bring legal proceedings in respect of the products in the Hong Kong courts.

 

If the products are goods, we will use our best endeavours to deliver them to you on every Wednesday. Please note, we require a minimum processing time of 7 working days after successful payment. Working days do not include Saturday, Sunday & Public Holidays.

 

Orders will start to be processed 1 working day after successful payment. 

Customers who have chosen PayPal / Credit Card method:

 

  1. After you have checked out your items, kindly proceed with Payment via PayPal.
  2. You will then receive an email notification of your successful payment.
  3. We will proceed with processing your order.

 

Customers who have chosen Bank Transfer / ATM bank transfer:

 

After you have checked out your items, kindly proceed with the payment via your bank to our account.

 

You will receive an email notification on details of payment. We recommend to proceed with payment promptly so as not to affect the delivery date of your order.

 

After you have made the transfer, kindly update us with a picture of your receipt and your order transaction number.

You will then receive an email notification of your successful payment.

 

Please note that your order will only be processed after your payment has been successful.

 

 If the products are one-off service(s). You will be informed of the estimated completion date for the service(s) before confirmation of your order.