TERMS & CONDITIONS
homedelivery.kowloondairy.com is owned and operated by The Kowloon Dairy Limited, a company incorporated in the Hong Kong Special Administrative Region having its registered office at 5/F, Kowloon Dairy Building, 17-19 On Lan Street, Central, and trading under the name of Kowloon Dairy.
These terms and conditions [which are available in English and Chinese] apply to users of our website and customers who place an order with us.
The following words used in these terms and conditions have these meanings (the singular includes the plural and vice versa):
- “We”, “us” or “our” is a reference to The Kowloon Dairy Limited.
- “You” and “your” are references to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.
- “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our website.
- “Merchandise” means the goods (including without limitation food and beverages) or services you ordered through our website, which you will pay for.
- “Intellectual Property Rights” means any and all patents, trademarks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
- “Services” has the meaning given in clause 1a.
- “Website” means The Kowloon Dairy’s website located at https://homedelivery.kowloondairy.com, and any associated websites linked to it.
1a) The website enables you as a consumer to purchase the Merchandise online and enjoy the contents therein through our applications or software. (hereinafter the “Services”).
1b) By using our website and/or placing an order, you agree to be bound by these terms & conditions, and any other rules displayed on the website. Subject to your agreement to comply with the terms and conditions and not to use our website or the content otherwise than for the intended purpose, we grant to you a non-exclusive, non-sharable, revocable, limited license to use the Services.
1c) Please read the terms & conditions carefully before you place any orders. We recommend that you keep a copy of them for reference.
1d) We reserve the right to modify these terms & conditions from time to time. Amendments to the terms & conditions are effective when they are posted to our website. By continuing to use and access our website, you are deemed to accept all changes to the terms & conditions and will be bound by them. Any changes made to the terms & conditions after the placing of your order will not affect that order.
1e) These terms and conditions do not create any right enforceable by any person or entity other than you as our customer in respect of the Services.
2. REGISTRATION AND ACCOUNT
2a) To enjoy the Services on our website, you must be or over 18 years of age and have registered an account with us (hereinafter referred to as the “Kowloon Dairy Account”).
2b) If any information provided by you is untrue, inaccurate or incomplete, your registration may be refused, and we reserve the right to suspend or terminate the Kowloon Dairy Account on the basis of incorrect information provided by you or your breach of these terms & conditions. Should there be any of change of your registered information, please notify us as soon as practicable by email via firstname.lastname@example.org. These registration requirements might be modified by us from time to time.
2c) Upon registration of a Kowloon Dairy Account, you may use the Services and features listed below:
- Place an order or registration of milk subscription plans;
- Track your order and review past purchase;
- Build a customised “Wish List” for faster orders;
- Add sold out items in “Wish List” and receive notifications when stock arrives;
- Manage and track the status of your subscription plans;
- Save your address details for faster shopping experience;
- Manage your account details, address book and email preferences.
2d) You may close or cancel your Kowloon Dairy Account by contacting our customer service at +852 6196 6572 any time.
3a) All products displayed on our website are subject to availability at the time of your purchase. Whilst we will do our utmost to ensure that out of stock products are reflected in our website in a timely fashion, there may sometimes be a time lapse in the uploading of the information to our website. If the ordered merchandise(s) cannot be provided or is cancelled due to force majeure, we will contact you by phone or email as soon as possible for other arrangements including but not limited to a replacement of similar product(s). We have the right to cancel your order if such arrangement cannot be agreed.
3b) After an order is placed, you will receive a confirmation email containing the following information:
- Details of the order placed by you and the purchase price of the selected merchandise;
- Delivery information;
- Order status.
3c) The issuing of the confirmation email to you signifies our acceptance of your order and you are deemed to have entered into a binding contract with The Kowloon Dairy Limited for purchase of the products ordered.
3d) You are not allowed to change or cancel the order or seek a refund once an order has been placed with us even though no order confirmation has been issued to you.
3e) Delivery of products shall only be applicable for the areas and addresses specified on the website (hereinafter the “Designated Area”).
3f) We may reject or cancel any order placed by you at our sole discretion, including but not limited to the reasons below:
- The delivery address is not located within the Designated Area or no delivery could be arranged; or
- There is insufficient stock of the products ordered.
3g) When you place an order, please ensure that you provide us with accurate information about yourself, the delivery address and payment details.
3h) If any order is cancelled or cannot be accepted by us, you will be notified by email. Any sum or sums deducted for the order will be refunded to your account as soon as practicable. We will not be liable for any damage or loss suffered by you as a result of the cancellation or rejection of the order.
3i) At the delivery of your next order to the same delivery address, you may if you wish return to our delivery team reusable glass bottles in a clean and intact condition. We do not provide cash rebate for returned glass bottles.
4. SUBSCRIPTION PLAN
4a) You may subscribe for your choice of merchandise to be delivered at regular intervals within a specified period upon paying a subscription fee which will be calculated according to the quantity of the selected merchandise. The first monthly subscription fee will be charged automatically to your credit card registered for the subscription plan.
4b) Once your subscription plan is successfully activated, you have authorised The Kowloon Dairy Limited to charge the subsequent subscription fees for each period of 28 calendar days to your registered credit card until the end of subscription period.
4c) The subscription plan is non-transferable to other registered account.
4d) The subscription plan will last until the end of the subscription period unless your instruction for early termination has been approved by us.
4e) Each subscription plan has a minimum validity period of 3 calendar months and can be terminated at any time as from the 4th month. You may terminate your subscription plan by contacting our customer service at +852 6196 6572 and submit a termination instruction to us. Upon the termination of the subscription plan, you will not be entitled to a refund of any sum of subscription fee already paid. Please note that once your termination instruction is submitted, it will take a minimum of 72 hours before you receive our confirmation.
4f) Once you have enrolled in a subscription plan, you are not allowed to change the selected merchandise until the end of the subscription period.
5a) The website accepts various payment including VISA, MASTERCARD, AMERICAN EXPRESS, APPLE PAY & GOOGLE PAY. All payments will be processed by Stripe Payment Europe, Limited (hereinafter “Stripe”). By making a payment on the website, you have agreed to accept the payment terms of Stripe , which can be accessed here.
5b) By making payment to us on the website, you have authorised Stripe to retain your payment information and charge for fees in accordance with its payment terms.
5c) You agree that we may verify the name, address and other personal information provided by you with third party databases including but not limited to conducting a credit search against you.
5d) Upon enrolment to our subscription plan, the first monthly subscription fee will be charged at the time of your first purchase. The subscription fee will be charged automatically for each period of 28 calendar days to the credit card registered for the subscription plan until the end of the subscription period. Subsequent subscription fee will be charged automatically by credit card registered for the subscription plan with the payment information retained by Stripe.
5e) In the event of unsuccessful or outstanding payment, our payment system will attempt to charge your credit card for the fees up to 4 times. If the payment remains outstanding after 2 consecutive days, we may treat this as a termination notice being given by you and your subscription plan will be suspended.
6a) Our delivery service is available within the Designated Area except on Sundays, Public Holidays or when typhoon warning signal No. 8 or above or black rainstorm warning is in force. We reserve the right to decline delivery at our sole discretion.
6b) For all orders (except ice cream products) placed before 2:00 p.m., the products will be delivered within the next working day. If the order is placed after 2:00 p.m., the estimated delivery time will be scheduled on the second working day after the order was placed. There may be circumstances where delivery is delayed due to events beyond our reasonable control. If this happens, we will try to arrange for delivery as soon as we possibly can. We will not, however, be responsible for any losses caused as a result of such delay.
6c) An order for ice cream products will be delivered within 4 working days. You will be notified of the estimated delivery date and time via email. You may contact our Customer Service at +852 6196 6572 for rescheduling the date and time of delivery.
6d) Delivery service is available to the listed addresses on the website and will not cover P.O. box, SF Stores, and smart lockers, etc..
6e) Our delivery service is available from 9:00 a.m. to 5:00 p.m. on Monday to Saturday (excluding Sunday and Public Holiday and any dates when typhoon warning signal No. 8 or above or black rainstorm warning is in force). Any delivery date that falls on a public holiday or a date when our delivery service is not available will be rescheduled to the next working day.
6f) Delivery services will not be provided if there are no legal loading and unloading areas within 50m of the delivery address or if the delivery address is not directly accessible by our delivery trucks.
6g) The ordered merchandise will be delivered to the delivery address provided by you. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when it is delivered to the delivery address provided by you. We may ask you to prove your identity when acknowledging receipt of the merchandise. By submitting the order of merchandise, you agree and accept that we are entitled to charge any additional fees or cancel your order without any refund or compensation to you in the event that you have failed to accept delivery for whatever reasons.
6h) We may deliver the merchandise in one or more batches. Any times and dates given for dispatch of merchandise are only estimates. We will inform you as to the status of your order in the event of delay of delivery.
6i) Milk product(s) and ice cream product(s) will be delivered separately. For orders containing ice cream product(s), you will be further contacted by phone prior to delivery. Please ensure there is an authorised person to accept delivery of the ordered merchandise(s) during the agreed delivery time.
6j) Delivery packaging may contain inedible ice gel packs. No dry ice will be provided.
6k) Free delivery service will be provided for any individual order with purchase over HK$250 (after discounts or/and using coupons and/or discount codes) or for items from subscription plans. HK$80 delivery fee will be charged for each delivery service provided.
6l) Any change to your delivery address must be notified to us as soon as possible and in any event within 2 hours after the order is placed. The request for delivery information update can be submitted to us via email to email@example.com.
6m) Once you have confirmed receipt of the ordered merchandise(s), it will be held at your own risk and we will not be liable for any loss or damage.
6n) You may authorise a person who has attained the age of 18 or above to take delivery. Please contact us at firstname.lastname@example.org or +852 6196 6572 to rearrange the designated delivery date or time if you or your authorised person are unable to accept our delivery.
6o) Any merchandise(s) accepted by you are deemed to have been inspected by you. If you found any damaged merchandise(s), please contact us at email@example.com or +852 6196 6572 to arrange the return of the damaged product(s) and delivery of new merchandise(s). We may refuse exchange of merchandise(s) that have been inspected and accepted by you.
6p) Due to the COVID-19 pandemic situation, if the delivery address is within the “List of Buildings With Confirmed / Probable Cases of COVID-19“ published by the Department of Health, we will not make delivery to the delivery address until it is removed from the said list.
7. RETURN OR EXCHANGE
7a) Unless otherwise specified, no return or exchange of merchandise will be accepted. The Kowloon Dairy Limited reserves the right to decline returns and exchange to any of its customers for whatever reason at the sole discretion of the company.
7b) Merchandise may be returned or exchanged within 3 days of receipt if the ordered merchandise is defective or damaged (with no fault on your part). You may request for exchange once only for each delivery.
7c) You must make your request for return or exchange to our customer service via email (firstname.lastname@example.org) with valid documentary proof within 3 days of receipt of delivery. The merchandise shall be returned to us through an arranged free pick up at the delivery address within a limited period.
7d) Once the return order is confirmed by us, we will arrange the exchange with the same merchandise within 7 days.
7e) At our sole discretion, we may allow merchandise to be exchanged subject to availability of stock. Under no circumstance will we accept the return of any merchandise directly to us or be held liable for your damages for whatever reasons.
8. FORCE MAJEURE
8a) If due to any uncontrollable event (including fire hazard, injury or death, accident, natural hazard, any law enforced by any government or department, order, announcement, rule, regulation or restriction, strike, labor dispute, labor or skilled worker shortage, product(s) or supply shortage, transportation delay or any other reason beyond our control no matter the same with the aforementioned, that result in our inability to fulfil our responsibilities stated in the website, we will not be liable for any loss or damages suffered by you. In the interest of the safety of our employees, we may suspend our delivery service at our sole discretion.
9. PERSONAL INFORMATION
9b) We reserve the right to use any comment, concept, knowledge or skill that you have provided to us, including but not limited to marketing and product or promotion.
9c) By providing the information to us, you warrant that you are the owner of the information or content thereof and that we will not infringe any rights of any third party.
10. INTELLECTUAL PROPERTY RIGHTS
10a) The intellectual property rights in this website and its content are owned, controlled or licensed by us. Nothing in these terms and conditions shall confer on you any right other than to access the website or interest in the content of the website. All our rights in any intellectual property in relation to the website and these terms and conditions are reserved by us.
11. DISCLAIMER AND LIMITATION OF LIABILITY
11a) Due to particular computer/device screen resolution or settings, we do not guarantee that the product images you see on our website are an accurate representation of the actual product in terms of its colour.
11b) We do not represent or warrant that access to our website (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free. You will bear all risks and hazards associated to logging in, using, or browsing the website.
11c) We do not represent or warrant that data transmission over the Internet is 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 at your own risk.
11d) To the extent permitted by law, we are not liable for loss and damage as a result of:
11d.1) any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our website (including using our applications or software) or any information on our website;
11d.2) the unavailability of our website (or any part of it), merchandise or services;
11d.3) any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services.
11e) We are not liable to you for any loss of profit, loss of business, interruption to your business or loss of business opportunity.
11f) We reserve the right to suspend or terminate all or any part of the website. We are not liable for the suspension or interruption of all or any part of the website caused by the actions or actions to be taken of us or any third party.
12a) For your reference, our website may contain hyperlinks to other websites that are not operated or controlled by us. We are not responsible for the legality, accuracy of the description or functionality of the products or services or the content in those websites.
12b) Unless prior written consent of The Kowloon Dairy Limited is obtained, you are not allowed to create any hyperlink to this website.
13a) These terms and conditions constitutes the entire agreement between The Kowloon Dairy Limited and you regarding access to and use of this website and its content. Any other terms or conditions issued by The Kowloon Dairy Limited governing its relationship with you, especially those related to the sale of any service or product(s), shall be regarded as a supplement to these terms and conditions; if there is any discrepancy between the two, other terms or conditions shall prevail.
13b) If any clause of these terms and conditions is found to be illegal by existing or future laws or regulations, or is deemed illegal by a court order, those clauses will be abandoned, and all other clauses of these terms and conditions still exert full legal effect in the relationship between you and The Kowloon Dairy Limited.
13c) Any delay by us in enforcing these terms and conditions or taking any steps against you in relation to a breach of contract will not prejudice our rights or prevent us from doing so at a later date.
13d) The headings of these terms and conditions are only for the convenience of users to read, and the original meanings of these terms and conditions should not be changed or modified under any circumstances.
14a) In the event of any discrepancy or inconsistency between the English version and the Chinese translation of these Terms and Conditions, the English version shall prevail.
15. INTERPRETATION AND JURISDICTION
15a) These terms and conditions are governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region. The courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these terms and conditions.
16. LICENCE AND PERMIT
Frozen Confections Factory Licence
Licence / Permit No.: 3293000016
Address: 2/F, 3/F (PORTION) & 4/F (PORTION), 7 SAN ON STREET, TUEN MUN, NEW TERRITORIES
Milk Factory Licence
Licence / Permit No.: 2693000011
Address: G/F & 1/F, 7 SAN ON STREET, TUEN MUN, NEW TERRITORIES
[Last updated on 13 APR 2022]
Our Terms & Conditions