We value your trust in us and thank you for sharing your details with us via our website www.commealamaison.market “Website”. At Worldwide Food Distribution Limited, we are committed to safeguarding the privacy of individual with respect to personal data. We always make sure that our policies and practices in relation to the our products, use, retention transfer and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) of the Hong Kong Special Administrative Region (the “Ordinance”).
TYPES OF PERSONAL DATA COLLECTED
For the purpose of carrying on our business, we collect some information in order to operate effectively and provide you the best products and services we can.
In accessing or using our Website or any services provided through the Website, or viewing or accessing any information or content from this Website, you as our client may be requested to send personal data such as, but not limited to the following:
1) contact details, including contact name, age, gender, telephone number and email address;
2) correspondence address, and/or billing address;
3) account details, including account numbers, service numbers, or user accounts;
4) payment details, including credit card and banking information;
5) other information relevant to customers surveys and/or offers.
In some cases, you may also be requested to provide certain data that may be used to additional improve our products and services and/or better tailor the type of information presented to you. In most circumstances, this type of data is optional while, where the requested service is a personalised service, or provision of a service is dependent on your providing all requested data, failure to provide the requested data may avert us from providing the service to you. This type of data may occasionally
include, but is not limited to:
1) hobbies and leisure activities;
2) other related products and services subscribed
3) family and household demographics.
In support of the
services offered by us, advise may be automatically collected relating to those services so we may perform accurate reporting and administration of your accounts.
Our web servers system may also save data relating to your online legacy, the use of which is to provide aggregated, anonymous, statistical information so that we may better meet the demands and expectations of visitors to the Website, and take necessary actions in respect of any illegal or unlawful contents on any website visited through our web servers. The types of data may include, but are not limited to:
1) the browser type and version
2) operating system
3) the IP address and/or domain name
Under certain circumstances, telephone calls made to and from our order and/or service hotlines and/or inquiry telephone numbers may be recorded solely for the purposes of quality control, appraisal, as well as staff management and development. Unless expressly suggested otherwise at the time of calling, such recordings are not your own data of the caller and therefore, in respect of the caller, are not subject to the distinct provisions of the decree and the caller has no rights and/or claims either statutory, contractual or tortious, over or to such data. At all times, care is taken to protect such recordings from inadvertent and/or unauthorised access.
USE OF PERSONAL DATA
All the information we collect via the our Website www.commealamaison.market or through correspondence, including telephone calls, with you is used to operate and improve the service we offer you and to personalise our service. We are committed to using your personal data only for:
- verifying your identity;
- processing of your application to subscribe to our services;
- provision of products and services to you;
- administration and management of those products and services which you have subscribed to;
- matching (as defined in the statute) your own personal data with other data collected for other purposes and from other sources including third parties in relation to the provision of products and services to you;
- marketing and advertising of any products and services to you by [Worldwide Food Distribution Limited], related companies, agents, contractors and third party suppliers upon your consent in accordance with the prevailing requirements in the Ordinance (please refer to the section titled “Marketing” below);
- processing of any benefits in connection with the supply of products and services to you;
- analysing, verifying, enforcing contractual rights, and/or checking of your credit, payment and/or status in relation to supply of products and services to you;
- processing of any payment instructions, direct debit facilities and/or credit facilities in relation to supply of products and services to you;
- enabling the collection of amounts outstanding in your account with [Worldwide Food Distribution Limited] including the use of debt collection agents;
- enabling [Worldwide Food Distribution Limited] to comply with any obligations to interconnect, with other industry practices, or with obligations to third parties or government agencies in relation to the supply of products and services to you;
- maintaining and developing our business organisation and infrastructure, including testing and upgrading of these systems;
- keeping you informed about products and services supplied to you and other products and services made available by [Worldwide Food Distribution Limited];
- prevention, detection or investigation of crime;
- Acknowledgment as permitted or required by law; and / or
- any other purposes as may be agreed to between you and [Worldwide Food Distribution Limited], including the purposes set out in any application or terms and conditions for the supply of specific products and services.
ACCURACY OF PERSONAL DATA
Where possible, [Worldwide Food Distribution Limited] will validate data provided using generally accepted practices and guidelines. This includes the use of inspect sum verification on some digit fields such as account numbers or credit card numbers. In some instances, the data provided will be validated against pre-existing data held by [Worldwide Food Distribution Limited].
We fully acquiesce with the “rights of access and correction” obligations of the rules. Please allude to the section titled “Access and Correction of Personal Data” under for details on how you can obtain and correct any personal data relating to you that [Worldwide Food Distribution Limited] may hold.
Please note that the accurateness of such personal data we collect, use and disclose depends to a huge extent on the advice you provide. You have a right apply for correction of your personal data and we recommend that you:
- let us know if there are any errors in your personal data; and
- keep us up-to-date with changes to your personal data such as your name or email address.
RETENTION OF PERSONAL DATA
Worldwide Food Distribution Limited will destroy any personal data it may hold in accordance with its internal policy. Generally speaking, our policies cover the following principles:
- personal data will only be retained for as long as is imperative to fulfil the initial or directly related purposes for which it was collected, unless the personal data is also retained to satisfy any applicable statutory or contractual obligations; and
- personal data are purged based on the above criteria from [Worldwide Food Distribution Limited]’s electronic, manual, and other filing systems in accordance with [Worldwide Food Distribution Limited]’s internal procedures.
DISCLOSURE OF PERSONAL DATA
All personal data held by Worldwide Food Distribution Limited will be kept confidential but Worldwide Food Distribution Limited may, where such disclosure is necessary to satisfy the purpose, or a straight related aim, for which the data was collected provide such information to the following parties in accordance with the Ordinance:
1) any subsidiaries, holding companies, associated companies, or affiliates of, or companies controlled by, or under common control with [Worldwide Food Distribution Limited];
2) any person or company who is acting for or on behalf of [Worldwide Food Distribution Limited], or jointly with [Worldwide Food Distribution Limited] in respect of the purpose or a straight related purpose for which the data was provided;
3) any other person or company who is under a duty of confidentiality to [Worldwide Food Distribution Limited] and has undertaken to keep such information confidential, provided such person or company has a legitimate right to such information;
4) [Worldwide Food Distribution Limited]’s agents, contractors, suppliers, information service providers and content providers; its professional advisers, including its accountants, auditors and lawyers;
5) government and regulatory authorities and law enforcement agencies and other organisations, as required or authorised by law;
6) any financial institutions, charge or credit card issuing companies, credit providers, credit information or reference bureau, or collection agencies, security agencies, necessary to establish and support the payment of any services being requested;
7) your authorised representatives or your legal advisers when requested by you to do so; and
8) any proposed or actual participant, assignee or transferee of all or any part of [Worldwide Food Distribution Limited]’s operation or business.
All your own Personal data may also be disclosed to any person or persons pursuant to any statutory or contractual obligations or as required by court of law, provided such individual or persons are able to prove the required right/authority to access such information.
SECURITY OF PERSONAL DATA
We take every precaution to protect your personal data. To this end, all personal data are stored on secure computer systems and storage media to which access is strictly controlled and/or are located within restricted areas.
Access to files and data without appropriate management authorisation are strictly prohibited. Authorisations are granted only on a “need to know” basis that is commensurate with Worldwide Food Distribution Limited’s policy.
Where Worldwide Food Distribution Limited holds, uses and/or transmits the customers’ personal data it will be adequately protected from accidental and/or unauthorised disclosure, change and/or destruction.
Notwithstanding our security measures for protecting your personal data, you acknowledge that no system is impenetrable and no information provided over the internet can be guaranteed to be completely secure. Appropriately we cannot guarantee the security of any advice that you transmit to us or receive from us over the internet. We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information.
LINKS TO THIRD PARTY WEBSITES
Our Website may contain links to other sites and pages which are operated by third parties. We have no control over the content of the linked websites or the way in which the operators of those websites deal with your personal data.
ACCESS AND CORRECTION OF PERSONAL DATA
Under the Ordinance, you have the right to request access to or correction of the personal data provided. Such requests should be made in writing and sent to us at the following address firstname.lastname@example.org. Worldwide Food Distribution Limited will, upon satisfying itself of the authenticity and validity of the access or correction request, make every endeavour to comply with and respond to the request within the period set by the Ordinance.
In accordance with the terms of the Ordinance, Worldwide Food Distribution Limited has the right to charge a reasonable fee for the processing of any data request.
All Personal data supplied along you may be used for direct marketing exercises (as defined in the Ordinance). In accordance with the requirements of the Ordinance, you will be:
1) informed that your personal data will be used for direct marketing activities;
2) informed that your personal data will not be used for direct marketing activities unless we have received your written consent;
3) informed of, with specific information, the kinds of personal data to be used and the classes of marketing subjects in relation to which the personal data is to be used;
4) given opportunity to communicate your consent at no extra charge from us;
5) provided, in case your consent to the use of personal data for direct marketing action is given orally, a written confirmation within 14 days after receiving your verbal consent;
6) notified the first time your personal data is used for direct marketing activities and that we will cease to use your personal data for direct marketing activities if you wish; and
7) given the liberty, at any time, to require cessation of the use of your personal data for direct marketing activities at no extra charge from us.
Personal data supplied by you may be provided to third parties for direct marketing action. In accordance with the requirements of the Ordinance, you will be:
1) informed in writing of our intention to provide your personal data to third parties for direct marketing activities;
2) informed in writing that your personal data will not be provided to third parties for direct marketing activities unless we have received your written consent;
3) informed in writing that provision of your personal data to third parties for direct marketing activities will be for gain (if that is the case);
4) informed of, with specific information, the kinds of personal data to be provided, the classes of marketing subjects and the class of persons in relation to which the personal data is to be provided;
5) given opportunity to communicate your consent at no extra charge from us; and
6) given the liberty, at any time, to require cessation of our provision of personal data to third parties for direct marketing activities and notify the third party to cease the use of your personal data in direct marketing project at no extra charge from us.
CHANGES AND UPDATES
Comme a la maison Terms and Conditions
TERMS AND CONDITIONS
These general terms and conditions of sale (these “Terms and Conditions”) apply to all goods (the “Goods”) sold by Worldwide Food Distribution Limited (“Seller”) to you (“Purchaser”) through www.commealamaison.market (“Website”) and shall constitute the only conditions on which the Seller is willing to supply the Goods to the Purchaser and to provide its Services (as defined below) to the Purchaser and characterise how the services may be accessed and used. By placing an order on the Website the Purchaser is offering to purchase a product on and subject to the following Terms and Conditions. In case of discrepancies between these Terms and Conditions and any other documents or in any correspondence or elsewhere or implied by trade, custom, practice or course of dealing, the provisions of these Terms and Conditions shall succeed.
1- AGE REQUIREMENT FOR USE OF SITE
This Site is intended only for the use and enjoyment of persons who are of legal age to purchase and consume alcoholic beverages in the rule in which they reside or, where they are accessing the Site from a different authority, in the jurisdiction from which they are accessing the Site and where the sale, consumption and advertising of alcohol is permitted in the relevant jurisdiction.
Persons under such legal purchase age or who reside in a jurisdiction where the sale, consumption and/or advertising of alcohol is not permitted, should not use the Site in any way.
2.1 The Purchaser shall place an order to purchase the Goods, specifying (i) the type and quantity of Goods ordered, (ii) the location where the Goods shall be delivered, and (iii) the requested delivery date/period.
2.2 Each order placed by the Purchaser for the supply of Goods shall be deemed to be an offer to purchase the Goods on the conditions provided under these Terms and Conditions, which is subject to acceptance by the Seller.
2.3 When the Purchaser places an order, the Purchaser will receive an acknowledgment email confirming receipt of the order; this email will only be considered as an acknowledgment and will not constitute acceptance of the order by the Seller (“Order Acknowledgment”).
2.4 All orders are subject to availability and confirmation of the receipt of the payment relating to the purchase of the Goods. In case of an out of stock product the Seller takes the responsibility to warn the Purchaser before the delivery and take action to change the Goods for similar ones or to refund the Purchaser.
2.5 Variable Weight Orders. Because many of the same products have different weights, the product weight can vary between -40gr. and +60gr.
3- CANCELLATION OF ORDERS
Any order which is confirmed and paid may not be cancelled except if the Seller cannot fulfil the full order due to an out of stock product.
4- PRICES AND PAYMENT
4.1 The prices payable for the Goods are those set out in the Order Acknowledgement received by the Purchaser.
4.2 Unless otherwise agreed by the Seller in writing or in the Order Acknowledgement, the order shall be paid in full in cleared funds without any withholding, deduction, set-off or counterclaim by the Purchaser.
4.3 A Contract will be formed between the Seller and the Purchaser upon confirmation of the payment of the order, and such confirmation shall be sent to the Purchaser by email.
4.4 Each and every delivery of Goods under each and every Contract is separate, and the Purchaser agrees not to set off or withhold payment on any one delivery, including a partial delivery, because of a controversy relating to any other delivery or to any undelivered Goods.
4.5 Payment of the total amount order shall be made according to one of the following methods:
- Wire transfer to the Seller’s bank account
- Bank transfer to the Seller’s bank account
- Payment by cash (acceptable only for self-pick up orders at the warehouse).
4.6 In the event of payment by credit card, the Seller will carry out a standard authorisation check off the Purchaser’s payment card in order to ensure that there are sufficient funds to fulfil the transaction.
4.7If the payment is done by Wire Transfer the Purchaser needs to provide to the Seller the payment advice. Upon receipt of this document the Seller will start preparing the order for the Purchaser.
4.8 The Purchaser agrees to pay all legal expense incurred by the Seller in conjunction with the collection of any sums due and owing from the Purchaser to the Seller.
5- ACCEPTANCE OF GOODS AND REFUND POLICY
5.1 At the time of delivery, the Purchaser, or someone on the Purchaser’s behalf, shall inspect the Goods. The Purchaser acknowledges and agrees that the entry or inscription of the Purchaser’s signature, or the signature by someone on the Purchaser’s behalf, on the Seller’s delivery note on delivery of the Goods to the Purchaser shall be conclusive evidence that the Purchaser has examined the Goods and that the Goods correspond in every respect with the Goods that the Purchaser is entitled to receive under the Contract.
5.2 The Seller is entitled to assume that any person inspecting the Goods or signing on the delivery note is authorised by the Purchaser to do so.
5.3 The Purchaser should check order upon delivery. If upon inspection, there are any losses, damages or non-conformity of the Goods according to the Contract, please contact The Seller within 24 hours of delivery date at email@example.com or call at +852 55941972. For any claim the Purchaser should provide a picture of the damaged or incorrect products. The Seller at its sole discretion will offer a replacement or refund of the damaged or incorrect product(s).
6- REMEDIES OF PURCHASER
6.1 If the Purchaser rejects any Goods, the Purchaser shall have no further rights whatsoever in respect of the supply to the Purchaser of such merchandises or the failure by the Seller to supply Goods which conform to the Contract.
6.2 If the Purchaser accepts or has been deemed to have accepted any Goods, then the Seller shall have no liability whatsoever to the Purchaser in respect of those Goods.
6.3 The Seller shall not be liable to the Purchaser for late delivery of the Goods.
7- LIMITATION OF LIABILITY
7.1 All Goods are being sold on an “as is” basis. The Seller does not make or give (and shall not be deemed to make or give) any representation or undertaking to the Purchaser, and shall, to the fullest extent permissible by law, be bound by no condition, warranty, innominate term or other obligation (whether express or implied, and whether imposed or implied by statute, at common law or otherwise) concerning the condition, quality, physical state or attributes, location, origin, fitness or suitability for any purpose, or conformity with description (notwithstanding any description the Seller may have supplied of the Goods to the Purchaser). Any descriptions, illustrations or information contained in Seller’s publications or advertising are issued or published for the sole purpose of giving an approximate idea of the Goods described therein and will not form part of any Contract or be deemed to constitute a representation as to the accuracy of such matter.
7.2 The Seller shall not be liable for loss or any special, indirect or consequential loss or damage resulting from or arising out of any Contract to the Purchaser.
7.3 To the extent that the Seller is liable in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Goods or breach of the Seller’s obligations hereunder, such liability shall not in any event exceed an amount equivalent to the price of the Goods.
7.4 Nothing in these Terms and Conditions shall exclude or limit the Seller’s liability for any death or personal injury resulting from the Seller’s negligence.
Deliveries are processed by an external provider, in case of a delivery delay, or any incident concerning the delivery please call the Seller at: +852 55941972 or e mail: firstname.lastname@example.org and the Seller will directly deal with the delivery provider before coming back to the Purchaser to fix the problem. The Purchaser (or the Seller) should be able to give the Order reference and if applicable the Way Bill number to the purchaser.
8.1 The 3rd party transportation company shall deliver the Goods to the address on the delivery date/period agreed between the Purchaser and the Seller in the Contract.
8.2 The Purchaser shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery. It is the responsibility of the Purchaser to ensure that an appropriate person is available at the delivery address at all times during the time slot allocated for delivery.
All Goods should be deliver and given in hand to the Purchaser or an appropriate person. If the Purchaser gives written email consent to let the Goods in front of his door, the Seller decline responsibility for defrost and lose of freshness for Goods, neither for lost, stolen Goods.
8.3 For the avoidance of doubt, delivery dates and times given by the Seller under or pursuant to the Contract are no more than estimates, and the Seller’s conformity with such date or time is not, and shall not in any event or circumstance be or become, of the essence of the Contract. The Seller’s failure to conform to delivery dates and times shall not give rise to any liability on the part of the Seller, whether in respect of direct or indirect losses (including loss of profit), costs, damages, charges or expenses alleged to be suffered by the Purchaser, or entitle the Purchaser to terminate or rescind the Contract. Notwithstanding the foregoing, in the event delivery of the Goods, or any part thereof, is delayed due to the fault of the Purchaser, a new delivery date and time may be rearranged provided that any and all additional costs and expenses incurred by the Seller resulting from such delay in delivery shall be chargeable to and paid by the Purchaser.
8.4 The Seller reserves the right to restrict deliveries in certain areas or to modify the delivery network.
8.5 The delivery is free in the following areas: Hong Kong Island, Kowloon, New Territories, Airport, Tung Chung, Discovery Bay, Ma Wan for any purchase over HKD 500. For orders under an amount of or equal to HKD 499.99 fees of HKD 50 will be applied.
If your area is not covered by the 3rd Party delivery service (please refer to our delivery page for more details), the Seller can on demand organise a special delivery, some fees might be applied.
9- NO RESALE OF GOODS
The Purchaser agrees and acknowledges that the Goods are available for purchase for the Purchaser’s own personal consumption only and the resale of the Goods purchased under these Terms and Conditions is prohibited. This resale prohibition is a material condition to Purchaser’s rights under these Terms and Conditions, and it is agreed that any direct or indirect distribution, transhipment and/or sale of Goods by the Purchaser or others purchasing through the Purchaser will be a material breach of these Terms and Conditions and will result in irreparable harm to the Seller for which money damages will not be adequate. In the event of such breach, the parties agree that the Seller, in addition to any other remedies it may have at law and/or in equity, the Seller will be entitled to injunctive relief to prevent any threatened or continued breach and to specifically enforce this Clause 10.
10- FORCE MAJEURE
The Seller will not be liable to the Purchaser or be in breach of the Contract by reason of any delay in delivery of the whole or any portion of the Goods or any delay in performing or any failure to perform any of the Seller’s obligations if the delay or failure was due to any cause beyond the Seller’s reasonable control, including, but not limited to, Act of God (including the hoisting of typhoon signal number 8 or above or black rain signals or other conditions (weather or otherwise), or any cause or event arising out of or attributable to war or terrorist activity), fire, flood, unavoidable accident, breakdown of equipment, riot, strike, war, act of government, import or export bans, non-delivery or delay in delivery by the Seller’s suppliers of the Goods or materials required for the Goods. If any delay persists for longer than one (1) month after the due delivery date/period, the Purchaser shall be entitled to cancel the Contract by written notice without any liability to the Purchaser.
If any provision hereunder is or becomes at any time unenforceable or invalid under any law, rule or regulation, no other provision of these Terms and Conditions shall be affected thereby, and the remaining provisions of these Terms and Conditions shall continue unimpaired with the same force effect as if such unenforceable or invalid provision shall not have been included herein.
No inaction, omission, failure or delay by the Seller in exercising, or in securing the enforcement or validity of any right, power, privilege or demand arising under or in connection with a Contract, and no single or partial exercise of any such right, power, privilege or demand shall impair the existence, operation, content, effect and enforcement of such right, power, privilege or demand, or operate as a abandonment of it.
13- ASSIGNMENT AND SUBCONTRACTING
The Purchaser shall not assign any Contract or these Terms and Conditions, or any rights or obligations under any Contract or Terms and Conditions without the prior written approval of the Seller. Any assignment without the Seller’s written approval shall be voidable at the option of Seller. The Seller may assign any Contract or these Terms and Conditions, or any of its rights or obligations under such Contract or these Terms and Conditions to any of its subsidiaries or affiliates, or to any purchaser or successor to all or substantially all of the assets of the business or product line to which such Contract relates, or subcontract all or any material aspect of the work called for under any Contract or these Terms and Conditions of Use without the Purchaser’s consent.
14- NO AGENCY OR PARTNERSHIP
The Contract or these Terms and Conditions shall not constitute or imply any partnership, joint venture, agency or other relationship between the parties hereto, other than, and except as provided for in, the contractual relationship precisely provided for in these Terms and Conditions. Neither party shall have, nor shall either party represent that it has, any authority to make any commitment on the other party’s behalf.
15- ENTIRE AGREEMENT
These Terms and Conditions contain the whole agreement between the parties hereto relating to the sales of Goods by the Seller to the Purchaser and supersede any prior written or oral agreements, representations or understanding between them relating to such subject matter. The parties hereto confirm that they have not entered into the Contract on the basis of any representation that is not expressly incorporated into these Terms and Conditions.
16- UNENFORCEABLE PROVISIONS
If any provision of these Terms and Conditions (in particular, the disclaimers of warranties or limitations of liability hereunder) is, or is found to be, invalid or unenforceable under applicable law, the remainder of these Terms and Conditions shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
17- GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Hong Kong Special Administrative Region (“Hong Kong”) and the parties hereto hereby irrevocably submit to the non-exclusive authority of the courts of Hong Kong.
18- PERSONAL INFORMATION
By using the Website, the Purchaser is responsible for maintaining the confidentiality of the account and password and for restricting access to the computer. The Purchaser agrees to accept responsibility for all activities that occur under their account or password. The merchant reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Personal information will be kept by the company for its sole utility and not used without prior approval.
19-COPYRIGHT AND CONTENT PROTECTION
The content on this Platform, such as text, graphics, interfaces, images, photographs, illustrations, trademarks, trade names, service marks, logos, software, information obtained from commealamaison’ licensors, and other materials (“Contents”) is protected by copyright under both Hong Kong and foreign laws. “mymarket.com.hk”, all commealamaison logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of commealamaison or otherwise proprietary to commealamaison and may not be used by you for any reason other than as expressly permitted. All other trademarks, service marks, product names, and company names or logos appearing in commealamaison Service and on the Platform are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using the Platform or the commealamaison Service. Any use of the Contents not purposely permitted by these Terms of Conditions is a breach of these Terms of Conditions and may violate copyright, trademark, and other laws. Only and except as stated herein, none of the constituents may be copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means without the prior written approval of commealamaison or its licensors.