Terms & Conditions
Terms and Conditions
We are HomeAlimental Limited (collectively referred to as "we", "the company" or "HomeAlimental") and we own and operate the site homealimental.com (collectively referred to as "our site" or "homealimental.com"). Our site offers a convenient way to shop online over the Internet and provides one-stop home delivery services (referred to as“services”).
Please read the following terms and conditions carefully before using our site. By using our site or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
1.1 You are required to register with us when you use the services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are capable of forming a legally binding contract.
1.2 When you are required to register, you must:
1.2.1 provide us with true, accurate, current and complete registration information;
1.2.2 maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
1.2.3 safeguard your user name and password;
1.2.4 authorize us to assume that any person using our site with your user name and password is either you or is authorized to act for you.
1.3 You must inform us immediately of any changes to the information that you provided so that we can communicate with you effectively.
1.4 We only sell items to adults (i.e. those aged 18 or over). If you are under 18, you may use this website only with the involvement of a parent or guardian.
2.1 When you place an order, the prices charged are those applicable on the day you order.
2.2 When you place an order you are making an offer to buy from the company the merchandise you have specified at the price stated for those merchandise. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
2.3 System will generate an email to the email address registered by customer to confirm that we have received your order. Such confirmation does not constitute a promise of delivery of order items.
2.4 We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
2.4.1 no sufficient stock to deliver the products you have ordered;
2.4.2 no delivery can be arranged for your area; or
2.4.3 one or more of the products you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.
2.5 Amendments: If you wish to amend an order you must notify us by phone +852 2267-0988 as soon as possible and we will use our best efforts to make an amendment. We, however, make no guarantees that this can be done.
2.6 If you wish to cancel your order prior to dispatch, please contact our Customer Services on +852 2267-0988. As we try to process orders immediately it may not always be possible to prevent an order from being dispatched.
2.7 If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
3.1 All payments for goods must be made when the order is placed. We will not reserve or dispatch goods before payment is received.
3.2 We only accept credit card payments made by Visa and MasterCard. We do not accept cash payment upon delivery. When you place an order you authorize us to debit the credit card you specify on your order for the amount of the order at the time we send our acceptance of your order. Title in the merchandise does not pass to you until payment has been received.
3.3 We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
3.4 We do not collect or keep your credit card information. If you choose to save your credit card information for express checkout, you agree and accept that the information will be encrypted and stored by the third party payment service providers.
3.5 If the order is cancelled by us, if you have already made any payment, we will make a refund. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.
3.6 Products and prices displayed on our site are for reference only and are subject to alteration or modification at the time of actual transaction.
4.1 We offer FREE delivery (single location only) for purchases over HK$500. (HK$300 during promotional period). For orders under HK$500 before using promotion code (HK$300 during promotional period), a delivery charge of HK$100 shall apply.
4.2 For delivery address without elevators, we offer service up to first floor. A transportation charge of HK$30 for each additional floor above first floor payable to delivery staff in cash shall apply (cash paid upon delivery).
4.3 Delivery services shall delay when typhoon signal, a red or black rain warning is hoisted; or such other weather conditions whereby delivery is considered as unsafe. In this event, you will be contacted to re-schedule delivery time.
4.4 We currently do not make deliveries to the following areas: (1) Outlying islands, (2) Restricted districts and areas that vans cannot access.
4.5 We will deliver the products ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. You shall accept the products yourself (except where you have specifically instructed us to leave your delivery outside the door or at the concourse – missing delivery under such circumstances shall be at your own risk) when the products are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order in the event of your failure to accept delivery for whatever reasons.
4.6 You will become the owner of the product(s) you have ordered when they have been delivered to you. Once product(s) has been delivered to you, they will be held at your own risk and we will not be liable for the loss or damage.
5. Returns or Exchanges
5.1 Unless product(s) is found in situations listed below, no return or exchange of merchandise will be accepted. Please read the returns or exchanges policy as specified before you place an order. You can request replacement of specific product(s) within 7 days after delivery:
(i) Breakage/ Incomplete product package
(ii) Product with shelf life less than 2 months from validation date
(iii) Suspected quality issue
(iv) Short-shipment or wrong delivery
5.1.1 You are required to provide proof for approval of any request (stated in clause 5.1) as below:
(i) provide information in proving the related item(s) is bought from homealimental.com; and
(ii) take photo of the complained item(s) and send to us through email for reference.
5.1.2 We will arrange replacement of equivalent product within 7 days upon approval of any requested listed above (stated in clause 5.1). If the specific item is out of stock, we will not credit the dollar amount of the specific product(s).
5.2 You agree and accept that merchandise is acceptable for exchange subject to stocks availability.
6. Disclaim of Warranties and Limitation of Liability
6.1 We do not represent or warrant that access to our site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
6.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
6.3 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
6.4 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
6.4.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (including using our applications or software) or any information on our site;
6.4.2 the unavailability of our site (or any part of it), merchandise or services;
6.4.3 any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
6.4.4 any merchandise not being of merchantable quality or fit for their intended purpose; or
6.4.5 any misrepresentation on or relating to our site, the merchandise or the services.
6.5 Save as required by law:
6.5.1 we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and
6.5.2 we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
6.6 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
7.1 You undertake that you will not use our site to:
7.1.1 upload, post, email, offer or otherwise transmit any contents in respect of which you have no right (either proprietary, contractual, or fiduciary) to transmit or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or otherwise objectionable;
7.1.2 impersonate any person or entity by way of transmitting any forged or manipulated contents through the use of any services.
7.1.3 upload, post, email, offer or otherwise transmit any contents that infringe any proprietary rights or intellectual property rights including, without limitation, patent, trademark, trade secret, copyright of any party;
7.1.4 upload, post, email, offer or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except such advertisements or promotional materials expressly authorized by us in writing;
7.1.5 upload, post, email or otherwise transmit any contents that contain software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of our site and/or computer software or hardware or telecommunications equipment constituting them;
7.1.6 interfere with or disrupt the services or servers or networks through which the services is provided, or disobey any requirements, procedures, policies or regulations of such networks;
7.1.7 collect or store personally identifiable information about other users.
7.2 You acknowledge that our site does not have any obligation to pre-screen contents, but our site has the right (but not the obligation) in its sole discretion to refuse or remove any contents that is available via the services. Without limiting the said right, our site has the right to remove any contents that, in its opinion, violate the T&C or are otherwise, in its opinion, objectionable.
8. Intellectual Property
8.1 All intellectual property rights in the content, user content, design, text, graphics and other material on our site and the selection or arrangement are owned, controlled or licensed by or to us. Unless you have our express written consent or you are expressly authorized by law to do so, you shall not:
8.1.1 use the Content for any commercial or other non-personal purpose;
8.1.2 make any copies of the Content or transfer the Content to any other device or any other person; or
8.1.3 otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
8.2 All trademarks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
9.1 We may terminate your access to our site or registration immediately if you are in breach of any of these terms and conditions.
9.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
10.1 We may revise these terms and conditions at any time without prior notice. If any dispute arises, the company's determination shall be final.
10.3 We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
10.4 You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
10.5 These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
10.6 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts. If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
10.7 You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of our site or the content or your breach of this agreement.