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Fackelmann Distribution Hong Kong Limited – Terms and Conditions

These are the terms and conditions governing the use of this website and the agreement that operates between Fackelmann Distribution Hong Kong Limited (together with Fackelmann GmbH + Co. KG or any of them hereinafter referred to as "Fackelmann", "We", "we", "us", "Our" or "our") and you (the “Terms and Conditions”). By using our website “hk.fackelmann.asia” (our “Website”) you consent to the following Terms and Conditions and to the processing of information as described below.

Use of Website

By using our Website, you agree that:

  1. you may only use our Website to make legitimate enquiries or orders;
  2. you will not make any speculative, false, or fraudulent orders;
  3. you undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event which is necessary; and
  4. we may not be able to complete your order if you do not give us all of the information that we need

Fackelmann

Fackelmann Distribution Hong Kong Limited is a company registered in Hong Kong with its address at Room 601-2 Kai Tak Comm. Bldg., 317 - 321 Des Voeux Road, Central, Hong Kong with company registration number 1287279.

Fackelmann Brands

Fackelmann, Zenker, FM Professional, Nirosta, Stoha, Furi, Stanley Rogers, Wiltshire, Probus are registered trademarks (collectively the “Fackelmann Brands”). Dr. Oetker devolved the production and sale of its baking trays and kitchen tools to Zenker as part of a licensing agreement with a national and international focus. Fackelmann owns the trademark for Prestige brand in South Africa.

Intellectual property, Copyright and Trademarks

All copyrights, trademarks, designs and other intellectual property rights (whether registered, capable of being registered or unregistered) in all contents materials texts and graphics contained or supplied in our Website (collectively the “Intellectual Property”) are the exclusive property of Fackelmann. It is prohibited to use, copy, modify or deal with any contents or materials of our Website or its Intellectual Property in any way without a written permission from Fackelmann.

All content and material in or related to the Fackelmann Brands is the exclusive property of Fackelmann.

Any use or dealing in of the Intellectual Property is prohibited. Downloading content from our Website does not grant ownership or other right on it. Any trademarks, names, descriptions, logos, depictions or representations of products or brand names and company names or logos used on our Website are the properties of their respective owners.

Fackelmann News

The news displayed on our blog are our property. We encourage sharing the links as long as the original content is respected and the source is clearly identified. It is prohibited to use our news for other purpose.

Prices

All prices displayed on our Website are in Hong Kong Dollars. They are the same across Hong Kong territory. Prices displayed on the product page do not include delivery costs. They will be added during checkout. Our customers can access their accurate breakdown cost to pay when confirming their purchase in the checkout menu.

Prices are subject to change without notice. In case of a pricing mistake, we reserve the right to contact you to confirm your order at the corrected price, or cancel the order at our discretion.

Contract Creation and Electronic Contracting

The information set out in our Website and in these Terms and Conditions do not constitute an offer for sale. The contract between you and us shall only be established after your completion of the following steps:

  1. Placing an order for the products you selected on our Website by pressing the confirm order button at the end of the checkout process.
  2. We will send to you an order confirmation email (the “Order Confirmation”) detailing the products you have ordered and your cost breakdown. At this stage, we are not committed to deliver the product nor is contractually bound by the Order Confirmation or any sale thereunder.
  3. Once your goods are sent from our warehouse, you will receive a delivery confirmation (the “Delivery Confirmation”) and a tracking number.
  4. The contract between you and us will only be formed once the products leave our warehouse. The contract will relate only to those products the dispatch of which we have confirmed in the Delivery Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in our Delivery Confirmation.

Exception to the above contract formation: you have been notified that we do not accept your order, or you have cancelled your order as provided under the “Contract Cancellation” section.

We reserve the right not to accept your order from our Website at any time due to (but without being limited to) any of the following reasons:

  1. The product you ordered is out of stock.
  2. Your payment failed.
  3. A pricing or specifications mistake has been found.
  4. Not meeting the eligibility to order criteria set out in our Website.

We will not be liable to you or any third party by reason of our non-acceptance of your order whether before or after sending you the Order Confirmation.

Contract Cancellation

Please note that you are entitled to cancel your order if you so wish provided that you exercise your right and notify us no longer than 7 working days after the day on which you receive the Products.

If you wish to exercise your right to cancel your order, our company policy is that we will NOT refund the original purchase price and delivery charge. Please follow the procedures set out in our “Returns and Product Exchange Policy” section.

Returns and Product Exchange Policy

For any exchange or defect items you would like to report please contact our customer service using the contact details listed in our Website under section titled “Contact Us”. Please detail your inquiry with as many details as you can. We will review case by case and will strive to find a solution.

If you wish to exercise your right to cancel your order, our company policy is that we will NOT refund the original purchase price and delivery charge. Please follow the procedures set out in our “Returns and Product Exchange Policy” section.

Our products are designed to be in contact with food. To ensure safety of our users, we will not accept any return for used item. We reserve the right to decline a return if we suspect that the item has been used. Make sure you return your items unused and undamaged with 100% original packaging. A photocopy of the original invoice needs to be included. If we find that the products have not been returned to us in fully resaleable condition, we reserve the right to refuse an exchange on the item. Please note we are not responsible for return postage other than for incorrect or faulty items. Neither can we accept responsibility for return items or packages that never reach us, so we advise you to use a traceable and insured service to return your product to us.

Upon receipt of your returned goods we will try our best to make an exchange of the same product, depending on our stock on hand. We have no refund policy and will not make any refund on our products.

Payment

When purchasing goods online, a valid payment method must be used at the time. We exclusively accept payment with the following Hong Kong issued credit: Visa credit card, MasterCard credit card, and American Express. Payment gateways like PayPal might be available.

By submitting an order to us through our Website, you are confirming that the payment details provided on your order are valid and correct and that you are the legitimate owner of the payment method and your payment is lawful. All transactions will be in Hong Kong Dollars. Non-Hong Kong credit card providers and banks will determine the exchange rates to be applied and may add an additional processing or administration charge in relation to such payments which non-Hong Kong card holders will be liable to pay.

Description & Availability of Goods

We do not accept liability for any inaccuracy, error or mistake in pricing or descriptions. Actual product colors may vary slightly from those shown on our Website due to your monitor and computer settings and limitations of web technology used. The quotations contained in our Website regarding weight, size, material and other descriptions of our products are to be regarded as approximate only.

There may be times when products will be temporarily out of stock. We will then indicate that the product is temporarily out of stock or stop displaying the item on our Website. Back in stock notifications might be available. If the product is out of stock after sending you the Order Confirmation, we reserve the right to cancel the Order Confirmation.

Delivery Information

Orders placed on hk.fackelmann.asia will exclusively be delivered to Hong Kong territory and are assumed to be purchased within Hong Kong territory.

Fee for orders below HK$ 500: HK$60
Delivery for orders of and above HK$500: Free

The products shall be deemed to have been delivered upon signing for receipt of the products at the agreed delivery address and showing proof of this.

Products will usually be delivered within 7 working days. Delays might be experienced in case of unexpected stock issue or other reasons including (without limitation) those listed below:

  1. Customization of products
  2. Specialized items
  3. Unforeseen circumstances
  4. Delivery area
  5. Wrong information given by you

Force Majeure

We are not liable for non-compliance of delivery or for delivery delays, as far as these are caused by force majeure including (without limitation) acts of God, natural disaster, fire, flood, accident, riot, war, government intervention, embargos, strikes, labour disputes, labour shortage, delay in transit, equipment failure or other causes beyond our control including (without limitation) those listed above. As far as such incidents make delivery or service for us considerably difficult or impossible and the obstruction is not only of temporary duration, we reserve right to cancel the order without compensation to you.

Unless caused by our negligence, we will not be held responsible for anything that relates to safety where reasonable steps could have been taken to avoid or minimize the risk.

Risk and Title

All risks in the products shall pass to you upon delivery but we shall retain title in the products until full payment has been received.

Liability and Disclaimers

Our liability in connection with the products purchased through our Website is strictly limited to the purchase price of that product except for any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability. Subject to other paragraphs of these Terms and Conditions and to the fullest extent permitted by law, and unless otherwise expressly stated by law, we accept no liability for indirect or consequential losses howsoever and whensoever arising and whether caused by tort, breach of contract or otherwise, including (without limitation) the following:

  1. Loss of income or revenue
  2. Loss of business
  3. Loss of profits or contracts
  4. Loss of data
  5. Waste of management or office time

Written Communication

Applicable laws require that some of the information or communications we send to you should be in writing. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to such electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any requirement that such communications be in writing.

Notice

We may give notice to you by either posting on our Website or sending to your e-mail or posting to your postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.

Assignment

We may transfer, assign, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

You may not transfer, assign, sub-contract or otherwise dispose of a contract, or any of your rights of obligations arising under it, without our prior written consent.

Waiver

A waiver of our rights or remedies under a contract between you and us as well as these Terms and Conditions is only effective if given in writing by us in accordance with the provisions of “Notice” and shall not be deemed a waiver of any other breach or default.

Severability

If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These Terms and Conditions and any document expressly referred to herein represent the entire agreement between you and us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

Third Party Rights

A person who is not a party to the contract between you and us has no right under the Contracts (Right of Third Parties) Ordinance (Cap.623) to enforce or enjoy the benefit of these Terms and Conditions or any terms of the contract between you and us.

Law & Jurisdiction

Unless otherwise specified, the materials on our Website are directed solely at consumers who access our Website from Hong Kong. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

Any contract between you and us, whether for use of our Website or in relation to the purchase of products or services through our Website will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region and you and us agree to submit to the exclusive jurisdiction of the courts of Hong Kong. Any contract will be communicated and concluded in English.

Right to Amend

We reserve the right to amend these Terms and Conditions from time to time. Any revisions will be posted on our Website and we encourage you to review these Terms and Conditions regularly for any changes. Your continued use of our Website will be subject to the Terms and Conditions in effect at the time of use. ********