Terms and Conditions for eShop

General Terms & Conditions

1. Terms of Use

Please read these following terms and Website Terms of Use carefully before using this platform. By accessing or using this website, mobile application or other General Mills Hong Kong Ltd. product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of General Mills Hong Kong Ltd.

1.1 Intellectual Property
All intellectual property on the Platform (except for User Generated Content) is owned by General Mills Hong Kong Ltd. or its licensors, please refer to Website Terms of Use.

1.2 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 General Mills Hong Kong Ltd. products, please refer to Website Terms of Use.

1.3 Product Orders (apply to the extent user purchases from the platform)
Price and other information of goods presented on the Platform is only an invitation for offer and your order shall be deemed as an offer. All orders placed through the Platform are subject to General Mills Hong Kong Ltd.'s acceptance. Your order is accepted by General Mills Hong Kong Ltd., and the purchase contract between General Mills Hong Kong Ltd. and you is formed, only when General Mills Hong Kong Ltd. sends you the confirmation email informing that the products you ordered have been sent out. If you have ordered more than one product under a single order, the purchase contract is formed only in relation to the product(s) for which General Mills Hong Kong Ltd. has issued a confirmation email. This means that General Mills Hong Kong Ltd. may refuse to accept or may cancel any order, pursuant to these Terms of Use or for any other legitimate reason, and without liability to you or anyone else. If your debit card, credit card, bank account or any other 3rd party payment account (Alipay/Unionpay or Tenpay, etc) has already been charged for an order that is later cancelled, General Mills Hong Kong Ltd. will issue you a refund to your original purchasing account.

1.4 No Purchase for Resale
The Platform is intended solely for General Mills Hong Kong Ltd. to sell General Mills Hong Kong Ltd. products direct to end consumers, and therefore purchase for resale is not permitted without written consent of General Mills Hong Kong Ltd. Purchase for resale means the purchase of General Mills Hong Kong Ltd. product by someone who resells, or intends to resell, the General Mills Hong Kong Ltd. product to others (consumers, businesses or any third party). If General Mills Hong Kong Ltd. believes you are involved in purchase for resale, General Mills Hong Kong Ltd. reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your Platform account.

1.5 Order Cancellation
You agree that General Mills Hong Kong Ltd. can cancel your order (and, if applicable, refund the relevant payment through your original payment platform), without any compensation under the following circumstances:

  • You have reached an agreement with General Mills Hong Kong Ltd.;
  • Information of the product on the General Mills Hong Kong Ltd. website is obviously erroneous or the product is out of stock;
  • Pricing errors;
  • Platform technical problems;
  • Your order information is obviously erroneous or your order quantity exceeds the stock;
  • Due to force majeure, transportation delay, system failure or third-party attacks of the General Mills Hong Kong Ltd. website, and other circumstances beyond the control of General Mills Hong Kong Ltd., General Mills Hong Kong Ltd. finds it necessary to cancel your order;
  • You fail to complete payment within the specified time;
  • General Mills Hong Kong Ltd. finds that you used robots, scripts, plug-in software or other technologies to hack the General Mills Hong Kong Ltd. network to purchase General Mills Hong Kong Ltd. products, which may affect the normal purchasing activities or rights and interests of other users, or affect the orderly sale of General Mills Hong Kong Ltd. products. General Mills Hong Kong Ltd. reserves all rights to take all necessary legal actions to protect its rights and interests;
  • The purpose of purchasing General Mills Hong Kong Ltd. products is for resale;
  • Using others’ accounts or identities to purchase;
  • General Mills Hong Kong Ltd. finds that the purchase evades the sale rules for special edition products (for example, purchase of more than one special edition product of the same model by one purchaser; use of the same debit card, credit card, bank account or third-party payment account to make the payment by multiple purchasers; multiple orders shipped to the same address, etc.); or
  • Breach of other Terms of Use, Purchase Terms and Conditions or other regulations or policies of this Platform, or restricted or forbidden acts in website activities, or circumstances in breach of principles of fairness and honesty (for example, you repeatedly refuse to accept the order of goods without legitimate reason or maliciously reserve the stock, etc.).

1.6 Promotional activities
General Mills Hong Kong Ltd. will periodically carry out promotional activities on this Website. The promotional activities are subjected to related terms and conditions. In case of any dispute, the decision of General Mills Hong Kong Ltd. shall be final. If the promotional activity involves winning or accumulating points or other rewards, General Mills Hong Kong Ltd will be the final arbitrator of the total number of points awarded and other rewards according to its records and relevant information. You shall not dispute such decision.

1.7 Underage persons
If you are under 18 or considered as underage by law or do not have the ability to make a contract or are unable to bear any legal responsibility, and when using this Website gives rise to legal obligation or responsibilities, you should not provide any personal information described in these Terms of Use and will not be allowed to use this Website. If you want to enter and browse this Website, you must seek the approval of your parent or guardian regarding the legal implications of these Terms of Use and the consequences that entail. General Mills Hong Kong Ltd. assumes that all users and members of this Website are of legal age. General Mills Hong Kong Ltd. is not obliged to check your age but if it is found that any user or member is underage, General Mills Hong Kong Ltd. reserves the right to take action against such user or member or his/her parents/guardian including cancelling your membership or refusing your access to this Website.

1.8 Safeguard Your Username/Password
You are responsible for any actions that take place while using your General Mills Hong Kong Ltd. account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. General Mills Hong Kong Ltd. is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

1.9 Links
The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). General Mills Hong Kong Ltd. does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. General Mills Hong Kong Ltd. is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

1.10 Mobile Services
The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using General Mills Hong Kong Ltd.'s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

1.11 Indemnification
You agree to indemnify, defend, and hold harmless General Mills Hong Kong Ltd., its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. Please refer to Website Terms of Use.

1.12 Privacy
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

1.13 Warranty Disclaimer
General Mills Hong Kong Ltd. does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful, please refer to Website Terms of Use.

1.14 Limitation of Liability
General Mills Hong Kong Ltd. shall not be liable for any direct, special, incidental, indirect or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, this platform or the performance of the products purchased through the platform or the conduct of other platform users (whether online or offline) or attendance at a General Mills Hong Kong Ltd. event or any user generated content, even if General Mills Hong Kong Ltd. has been advised of the possibility of such damages. You assume total responsibility for your use of the platform. Your only remedy against General Mills Hong Kong Ltd. for use of the platform or any content is to stop using the platform. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

1.15 Miscellaneous
You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and General Mills Hong Kong Ltd. (“Dispute”) shall be governed in all respects by the laws of Hong Kong, without regard to choice of law provisions. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of General Mills Hong Kong Ltd. products) shall be resolved individually, without resort to any form of class action, and exclusively in the court having jurisdiction over the dispute in Hong Kong in accordance with the laws of Hong Kong. You consent to waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts having jurisdiction over the dispute in Hong Kong. By using the Platform, you agree to receive certain electronic communications from General Mills Hong Kong Ltd. You agree that any notice, agreement, disclosure or other communication that General Mills Hong Kong Ltd. sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. General Mills Hong Kong Ltd.'s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. General Mills Hong Kong Ltd. may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

1.16 Severability
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

1.17 Termination
General Mills Hong Kong Ltd. reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. General Mills Hong Kong Ltd. also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. 

 

2. Payment

2.1 General terms and conditions

2.1.1 Once an order has been confirmed, it cannot be cancelled or changed and the amount paid will not be refunded.

2.1.2 Discount rate is based on each individual order. Accumulation of orders or re-ordering for enjoying (previous) better discount is not allowed.

2.2. Online Payment
You can pay with Visa, MasterCard, American Express , UnionPay, Alipay HK or WeChat Pay etc. The above payment methods are secure and reliable. All personal data and payment information are securely encrypted. The payment process is managed by our business partner AsiaPay.

2.3 Bank-in or Cheque payment

2.3.1. If the payment is settled by bank-in or cheque (cheque payable to “General Mills Hong Kong Limited”). Cheque should be deposited to GMHK HSBC account (HSBC account no. 111-498234-001) through the cheque deposit machine after received order confirmation from GMHK. An order reference no. provided by GMHK should be input at the customer reference column. Please e-mail/fax the bank-in slip back to us via e-mail HKKWHaagenDazs.CorporateSales@genmills.com / Fax No: 2956 0636.

2.3.2. HK$150 charges will be applied for any return/ reject local cheque during cheque deposit.

2.3.3. A confirmation call will be given within 2 working days upon fax received. In case you do not hear from us, please call 2629 6116 (Mon-Fri. 9:30am-12:45pm & 2:00pm-6:00pm. Except Saturday, Sunday & Public Holiday) to confirm. Online order cut-off time is 4:00pm.; orders made after 4:00pm will be considered as order made on the following day.

 

3. e-Voucher Terms and Conditions

3.1. Present the QR code in the confirmation email to redeem selected products at the designated redemption locations.

3.2. e-Voucher cannot be exchanged to cash or other items. Items sold are non-transferable.

3.3. Items that are shared to others through the e-Voucher gift panel cannot be amended or cancelled.

3.4. Email confirmation or e-Voucher is not valid if loss, damaged, altered or expired. It will not be resent.

3.5. QR Codes are unique. Once redemption for an item is done it cannot be redeemed again.

3.6. e-voucher will not be re-issued and will lead to failure of redemption should the e-voucher be redeemed before. Consumers should take the responsibility to keep this e-voucher properly. By transferring this e-voucher to others, you are agreeing to all terms and conditions as set forth herein.

3.7. e-vouchers are invalid for repeat redemption or reuse. Any attempt to fraud will bring forth criminal prosecution.

3.8. Printed version is not acceptable, only original electronic format is accepted. Consumers must present the original e-voucher, Häagen-Dazs Shops reserve the right to examine the e-voucher and reject any suspected copy of e-voucher.

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