Terms of Service
Terms of Service
We are Myrex International Limited (collectively referred to as "we", "the company" or "MEYER") and we own and operate the site www.potsandpans.hk (collectively referred to as "our site" or "potsandpans.hk"). Our site offers a convenient way to shop online over the Internet, including by using our applications and also provides one-stop home delivery services (referred to as “services”).
By using our site you agree to be bound by the following terms and conditions. Please read them carefully.
The meaning of some words used in these terms and conditions:
a. “we”, “us” or “our” is a reference to (name of person or company providing the services).
b. “you” or “your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.
c. “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 site.
d. “merchandise” means the goods or services you ordered through our site, which you will pay for.
e. “intellectual property rights” means any and all patents, trade marks, 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.
f. “services” has the meaning given in clause 1.1.
g. “site” means our MEYER's website located at www.potsandpans.hk and any associated sites linked to it.
h. “User Content” has the meaning given in clause 10.1.
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 aged 18 years or above and capable of forming a legally binding contract.
You represent to us through our site that all purchases made by you through our site will be within the scope of your authority to conclude contracts.
In consideration of your use of our services, you agree to:
a. provide true, accurate, current and complete information about yourself when filling out our registration form; and
b. 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.
We are the seller of the merchandise, and we are responsible for managing and administering the site, arranging order processing and fulfillment for the merchandise you ordered through our site.
When you place an order you are making an offer to buy 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.
We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:
a. details of what you have ordered,
b. details of the price charged,
c. information about the progress of your order, and
d. estimated dispatch and delivery information.
This communication will be our acceptance of your order. You may track your order status online.
Our acceptance of your order will only cover the merchandise mentioned in it and may not cover all the merchandise you ordered. If this is the case, then the order you made for the remaining merchandise will only be accepted when we send a further acceptance of that part of your order.
The availability of the merchandise is as shown online and will be updated regularly. They should not be relied on as definite statements as to whether the merchandise you wish to purchase are actually in stock.
We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
a. no sufficient stock to deliver the merchandise you have ordered;
b. no delivery can be arranged for your area; or
c. one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error.
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.
4. Price and Payment
We will use all reasonable commercial endeavors to display accurate and up to date prices on our site.
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.
We process all our payments through PayPal or PayDollar. You can check out with your PayPal account or major credit cards, MasterCard, Visa and American Express cards. PayPal accepts credit card payments without PayPal account. Or you can check out with PayDollar. PayDollar Accepts WeChat Pay, Alipay and Octopus. When you place an order you authorise us to debit the PayPal account or 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.
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.
We only make deliveries in the specified areas of Hong Kong from Monday to Saturday except public holidays and when typhoon warning signal No. 8 or above or black rainstorm warning is in force. We currently do not make deliveries to remote areas and outer islands. We reserve the right to decline delivery at our sole discretion. You agree and accept that you will collect your ordered merchandise from our experience store and under no circumstances will we accept cancellation of order or refund.
We will deliver the merchandise 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 agree to present your photo identification upon request when you acknowledge receipt of the merchandise. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise is 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.
Unless otherwise specified, we will use all reasonable commercial endeavors to make delivery within 2 working days after your order is accepted.
We may deliver the merchandise in one or more instilments, and some of the merchandise may be delivered directly from suppliers. Any times and dates given for dispatch of merchandise, or the length of time that merchandise will take to be delivered, are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. You agree and accept that under no circumstances will we accept cancellation of order or refund.
You will become the owner of the merchandise you have ordered when they have been delivered to you. Once merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
6. Returns or Exchanges
Merchandise may be exchanged within 14 days of receipt if the merchandise you ordered are faulty, defective or damaged (with no fault on your part), or the merchandise are not what you ordered, or the delivery is of an incorrect quantity, provided that:
a. the exchanges policy applies;
b. the merchandise is unused and in the condition originally sold together with all parts and accessories which are provided with the merchandise including manuals, certificates, labels, tags, consumables, bags, and boxes;
c. the packaging of the merchandise must be in the condition in which it was delivered to you.
You agree and accept that merchandise is acceptable for exchange subject to stocks availability.
7. Disclaimer of Warranties and Limitation of Liability
We do not represent or warrant that access to our site or any part of it, will be uninterrupted, reliable or fault-free.
We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
We do not represent or warrant that:
a. any services will be provided with due care and skill; or
b. any merchandise will be of merchantable quality or will be fit for any purpose.
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.
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:
a. 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;
b. the unavailability of our site (or any part of it), merchandise or services;
c. any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
d. any merchandise not being of merchantable quality or fit for their intended purpose; or
e. any misrepresentation on or relating to our site, the merchandise or the services.
Save as required by law:
f. 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
g. we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from our site.
You agree that each of these limitations is reasonable having regard to the nature of our site.
None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.
Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
Recipes that appears on this website are either Consumer-Generated Content or developed for Meyer products by a food preparation professional. All user-generated recipes are considered Consumer-Generated Content and are subject to the policies and regulations set forth in the Consumer-Generated page of this site. If you have dietary restrictions and/ or allergies, always read ingredients list carefully for all food products prior to consumption. If you have a food allergy, speak to your physician and/or a registered dietitian for a comprehensive list of foods and their derivatives to avoid prior to using any recipe. Neither the recipe's contributor nor Meyer nor its affiliated corporate entities assumes any responsibility for errors,
omissions or contrary interpretation of the subject matter related to the recipes.
You represent, warrant and covenant that you will not:
a. use our site for any fraudulent or unlawful purpose;
b. use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
c. interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
d. transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
e. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site (including our applications or software);
f. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software);
g. frame or mirror any part of the site without our express prior written consent;
h. create a database by systematically downloading and storing the Content, User Content or any site content;
i. use this website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website, including their ability to engage in real time activities through the website;
j. use any robot, spider or other automatic device, process or means to access this website for any purpose, including monitoring or copying any of the material on this website;
k. use any manual process to monitor or copy any of the material on this website or for any other unauthorized purpose without our prior written consent; and
l. infringe any copyright, design right and intellectual property right in the merchandise.
The intellectual property rights in all Content are owned, controlled or licensed by or to us. Except for the rights granted to you under clause 9.2, nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.
Subject to these terms and conditions, you may use the Content for your own personal purposes.
Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:
a. use the Content for any commercial or other non-personal purpose;
b. make any copies of the Content or transfer the Content to any other device or any other person; or
c. otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this clause.
We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it.
10. User Generated Content
When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our site (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Any User Content you post to the site will be considered non-confidential and non-proprietary. Without limitation, the rights that you grant to us under this clause include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
You represent, warrant and covenant that:
a. you have the legal right and authority to grant the licence in clause 10.1 above;
b. you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence under this clause;
c. by exercising the licence in this clause, we shall not infringe the intellectual property rights or other rights of any third party;
to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in this clause;
d. the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our site; and
e. at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
11. Disclaimer of Warranties, Limitation on Liability, and Indemnity
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content and any services or items obtained through the website is at your own risk. the website, its content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on liability
In no event will Meyer, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
12. Linked Websites
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
We may terminate your access to our site or registration immediately if you are in breach of any of these terms and conditions.
Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
14. Intellectual Property
All intellectual property rights in the Content, User Content, design, text, graphics and other material on our site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited.
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.
15. Copyright Infringement
All notices of copyright infringement claims should be sent to the copyright agent at: INSERT NAME AND EMAIL ADDRESS with a detailed description of the allegedly infringing content and proof of ownership thereof.
We reserve the right at any time without notice to revise the Content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
We have made every effort to make clear whether the quoted prices for merchandise available through our site include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by operation of law that is in addition to the price.
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.
We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
We may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.
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.
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.
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.
17. Terms and Conditions for Promotion Codes
Promotion code or coupon offered by us shall only be applicable for one-off purchase at our site subject to special terms and conditions.
Promotion code or coupon is neither refundable nor redeemable for cash. Any unused amount will be forfeited.
We reserve the right to terminate or vary the above offers. In the event of any dispute, our decision shall be final and conclusive.
These terms and conditions form the integral part of the General Terms and Conditions.
Last Updated: September 1, 2021