By registering for a “Missing Piece” account on the “Missing Piece” website at "https://missingpiece.online" ("Website") and by ordering any products listed on the Website, you ("Customer") accept and agree to be bound by these Terms and Conditions.
1. Introduction and Registration
1.1 “Missing Piece” and the Website are owned and operated by "Missing Piece Company". These Terms and Conditions are published by “Missing Piece” and may be varied by “Missing Piece” from time to time in accordance with the terms below.
1.2 Customers must first register for a “Missing Piece” account on the Website before placing any orders through this Website. As part of the registration process, Customers:
(A) must be at least eighteen (18) years of age;
(B) must provide accurate, complete and up to date information;
(C) must safeguard their username and password; and
(D) shall authorize “Missing Piece” to assume that any person accessing the Website with the Customer’s username and password is either the Customer or is authorized by the Customer to act on their behalf.
1.3 “Missing Piece” has the absolute discretion to refuse registration of any person as a Customer and to terminate the registration of any Customer for any reason whatsoever.
2. Orders and Products
2.1 The Customer may place an order ("Order") for any products made available through the Website (“Product(s)”) which shall either be delivered to the designated address in Hong Kong (“Delivery Service”) or which, subject to certain conditions, may be picked-up at certain locations(“Pick-Up Service”). “Missing Piece” will not accept any orders made via phone, fax or mail.
2.2 By submitting an Order, the Customer is making an offer to purchase the Products in question and following such submission, the Customer may not change or cancel the Order. “Missing Piece” may or may not accept the Customer’s offer at its sole discretion. If “Missing Piece” accepts an offer it will constitute a binding agreement between “Missing Piece” and the Customer.
2.3 No offer shall be deemed to be accepted by “Missing Piece”unless and until it is confirmed by “Missing Piece” in writing and “Missing Piece” has processed payment in full from the Customer. If the Order is successful, a confirmation email will be sent to the Customer within 24 hours after the Order is placed and the Customer must retain the confirmation email as evidence of “Missing Piece” ’s acceptance of the Order. If the Customer does not receive a confirmation email or is not otherwise contacted by “Missing Piece” within [24 hours] after the Order is submitted, the Customer must contact “Missing Piece” as soon as possible.
2.4 Product may be out of stock and are otherwise subject to availability. If on receipt of the Customer’s Order the Products which the Customer has ordered are not available, “Missing Piece” will inform the Customer as soon as possible and refund or re-credit the Customer for the sum that has been paid by the Customer or debited from the Customer’s credit card. Alternatively, “Missing Piece” may agree with the Customer to supply an alternative Product and secure from the Customer any additional payment or refund the Customer for any over payment.
2.5 Pictures and descriptions of Products shown on the Website are for reference only. Subject always to Customer’s statutory rights as a consumer, “Missing Piece” does not guarantee that the product description,price, and other content on the Website are complete, accurate, current or error-free. The Customer shall not be entitled to return a Product on the basis that it does not correspond exactly to the pictures on the Website.
3. Price and Payment
3.1 Prices for Products listed on the Website are quoted in Hong Kong dollars.
3.2 “Missing Piece” may change the prices quoted for the Products listed on the Website, provided that such price will only apply to Products ordered after publication of the new price.
3.3 Where applicable, delivery charges are separate and additional to the price for the Products. These will be borne by the Customer.
3.4 Payment can be made using authorised credit cards (Visa and Mastercard only), Bank transfer/ ATM & FPS.
3.5 Every effort is made to ensure that prices shown on the Website are accurate at the time the Customer places his/her Order. If an error is found before “Missing Piece” accepts an Order, “Missing Piece” will inform the Customer as soon as possible and offer the Customer the option of reconfirming the Customer’s Order at the correct price or cancelling the Customer’s Order. If the Customer cancels with personal reasons, “Missing Piece” will refund or recredit the Customer for any sum that has been paid by the Customer or debited from the Customer’s credit card for the Products plus additional charges of HK$100.
3.6 From time to time, “Missing Piece” may in its absolute discretion provide exclusive offers and discounts to “Missing Piece” members. To be eligible for such exclusive offers and discounts, the Customer must register for a “Missing Piece” account and to use the same “Missing Piece” account to obtain such exclusive offers and discounts available to “Missing Piece” members.
4. Title and Risk
4.1 All risk in respect of all Products purchased by a Customer shall pass to the Customer on delivery of the Products to Customer via the Delivery Service or collection of the Products by the Customer via the Pick-Up Service. Ownership in the Products purchased shall pass to the Customer on delivery or collection subject to “Missing Piece” receiving full payment.
5. Terms and Conditions for Delivery Service and Pick-Up Service
5.1 Delivery Service
5.1.1 The Delivery Service is available only to addresses in Hong Kong Island, Kowloon, New Territories and certain areas in Lantau Island including Ma Wan, Discovery Bay and Park Island, excluding other outlying islands and P.O. Box numbers. The delivery hours shall be between 1300-1900 daily (exclude Saturday, Sunday and Public Holidays). For more details, please refer to the delivery schedule here.
5.1.2 The delivery address shall be the delivery address specified by the Customer at the time he/she places an Order. It is the Customer’s responsibility to provide the correct delivery address.
5.1.3 “Missing Piece” shall use reasonable endeavours to deliver the Products to the delivery address specified by the Customer per the confirmation between “Missing Piece” and the “Customers”. “Missing Piece” shall not be liable for any delays, re-scheduling or non-delivery of the Products.
5.1.4 A delivery charge of HK$150 will be applied for every delivery to a single address in Hong Kong, except when the total amount paid for each order is HK$2,000 or above (net amount after any discounts, cash dollars, and coupons have been applied).
5.1.5 If there is no one at the address given who is competent to accept delivery of the Products, the Customer will be notified of an alternative delivery date. If upon the second attempt of the delivery, there is still no one at the given address who is competent to accept delivery of the Products, “Missing Piece” will charge an additional delivery fee of HK$150 for each subsequent delivery and such additional delivery fee shall be payable in cash at the time of delivery to the person delivering the Products. If the Customer does not pay the additional delivery charges (if applicable) in cash at the time of delivery, “Missing Piece” reserves the right to withdraw delivery and any subsequent delivery attempt may incur further additional delivery charges. Product’s ordered in the same transaction may be dispatched separately, with no extra cost incurred to the Customer.
5.1.6 Confirmation Delivery Service:
We do not have same day delivery service or next day delivery.
When the order has been made by the Customers, “Missing Piece” will consolidate those orders and call to the Customers for delivery arrangement. Once the delivery arrangement has been accepted by the Customer by phone calls, “Missing Piece” will arrange the delivery order accordingly. Normally this will be within 14 days after phone confirmations.
5.1.7 All delivery for the Delivery Services will be carried out by such third party logistic company as determined by “Missing Piece” from time to time.
5.2 Pick-Up Service
5.2.1 The collection hours and the designated pick-up locations are specified here. Customers are required to select the Pick-Up Location at the time the Customer places his/her Order.
5.2.2 “Missing Piece” shall use reasonable endeavours to ensure the Products are available for collection at the pick-up location selected by the Customers at the time the Customer places his/her Order. “Missing Piece” shall not be liable for any delays, re-scheduling or non-delivery of the Products.
5.2.3 Customer must present a valid Confirmation order with order numbers issued by an “Missing Piece” at the time of collection.
5.2.4 For Customers who fail to pick-up the Products at the designated times and pick-up location within 30 days, the Products will return to “Missing Piece” and payment will not be refund to customers without any notification to Customers.
5.3 All Products and After Sales Service
5.3.1 Upon delivery or collection, Customers are required to examine the quantity and condition of the Products. Once the products are successfully delivered or collected, Customers confirm to receive of the purchased Products. The Customer shall be deemed to have accepted the Products as delivered or collected (as the case may be) unless the Customer notifies “Missing Piece” within 3 days of the date of delivery or collection that the Products are not in conformance with what was ordered or are damaged or spoiled, “Missing Piece” shall not be obliged to offer any refund or other Products if the Customer subsequently claims that the Products delivered are not the Products ordered and paid for by the Customer or are damaged or spoiled, subject always to the Customer’s statutory rights as a consumer including any mandatory laws which do not permit the limitation of liability in case of willful misconduct or gross negligence.
5.3.2 If at the time of delivery or collection, the Products are not in conformance with what was ordered or are damaged or spoiled, the Customer must contact “Missing Piece” within 3 days of the date of delivery or collection either via the “Missing Piece” hotline (+852) 9145 4505 or via email to online@bakingchannel.hk and must send to “Missing Piece” a picture of the relevant Product(s). “Missing Piece” will contact the Customer for further follow up, including arranging for the original Product(s) to be returned to “Missing Piece”.
(A) If the Product is damaged or spoiled, “Missing Piece” will exchange the Product with a new Product to the Customer. If the Product is out of stock, Customer may exchange for another Product of the same value. In this event, the Customer will be contacted to re-schedule the delivery or collection time.
(B) If the Customer is charged for a Product which has not been provided, “Missing Piece” will provide the missing Product to the Customer. In this event, the Customer will be contacted to re-schedule the delivery or collection time.
(C) If the Product was not included in the Customer’s Order and was provided to the Customer by mistake, “Missing Piece” reserves the right to collect the Product.
(D) If a Customer has been charged more for a Product, “Missing Piece” shall refund the difference to the Customer.
“Missing Piece” ’s liability for any Product is limited to replacement or refund as specified above. All other remedies are excluded. In the case of any dispute, “Missing Piece” reserves the right of final decision.
5.3.3 Delivery Service and Pick-Up Service will be suspended when typhoon signal No. 8 or above or a black rain warning is hoisted in Hong Kong or such other weather conditions whereby delivery is considered unsafe in the sole discretion of “Missing Piece”. In this event, the Customer will be contacted to re-schedule the delivery or collection time.
6. Alcoholic Beverages
6.1 Alcoholic beverages available for sale from the Website will not be sold to minors under the age of 18. In this respect, by placing an Order for alcoholic beverages, the Customer warrants that he/she is 18 years old or above.
6.2 The Customer shall ensure that no other person shall use his/her login to purchase alcoholic Products on the Website and a person aged 18 or above (identification required) must be present to take delivery or delivery shall be withdrawn and attempted at another time agreed.
7. Account Security
7.1 By using the Website, the Customer is responsible for maintaining the confidentiality of the Customer’s account and password, as well as restricting access to the Customer’s computer, and the Customer agrees to accept responsibility for all activities that occur under his/her account or password unless “Missing Piece” is aware of any fraudulent activities that occur under the Customer's account or password, at which time “Missing Piece”shall terminate the use of such account or password and inform the Customer.
8. Force Majeure
8.1 “Missing Piece” shall not be liable for or be deemed to be in breach of these Terms and Conditions for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, epidemic, labour difficulties, equipment failures, or any other causes beyond “Missing Piece” ’s control.
9. Exclusions and Liability
9.1 These Terms and Conditions set out the full extent of “Missing Piece” ’s obligations and liabilities in respect of the supply of the Products and performance of services and there are no warranties, conditions or other terms that are binding on “Missing Piece” except as expressly stated in these Terms and Conditions. Any warranty, condition or other term concerning the Products or any services which might otherwise be implied into or in corporated in the contract between “Missing Piece” and Customer by statute, common law or otherwise is hereby expressly excluded.
9.2 Notwithstanding clause 9.1, nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or liability implied into the contract between “Missing Piece” and a Customer where to do so is illegal or would render any provision of the contract void.
9.3 Nothing in these Terms and Conditions and in the contract between “Missing Piece” and Customer shall limit or exclude “Missing Piece” ’s liability for death or personal injury caused by its negligence.
9.4 Subject to clauses 9.2 and 9.3 and to such extent as permitted by applicable law, “Missing Piece” will not be liable under the contract between “Missing Piece” and Customer or otherwise for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising or for any damage caused by any Product and whether caused by tort (including negligence), breach of contract or otherwise.
9.5 Subject to clauses 9.2, 9.3 and 9.4 and to such extent as permitted by applicable law, “Missing Piece” ’s maximum aggregate liability under these Terms and Conditions whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the Customer to “Missing Piece” in respect of the Product(s) in question.
9.6 To such extent as permissible by applicable law and subject to clauses 9.2 and 9.3, “Missing Piece” shall not be liable to the Customer or any third party for any loss or damage however caused which may be directly or indirectly suffered in connection with use of the Website, any purchases of Products or the delivery or collection of such Products.
10. Amendment
10.1 “Missing Piece” shall have the right and sole discretion to amend these Terms and Conditions without prior notice to the Customers. Any revised version of these Terms and Conditions shall be effective from the date of publication on the Website and shall apply to all Orders received thereafter. The Customer is reminded to review the Terms and Conditions prior to submitting an Order and once an Order is placed, the Customer is deemed to have accepted the Terms and Conditions prevailing at the time the Customer places his/her Order.
11. Data Protection
11.1 By placing an Order on the Website, the Customer accepts and agrees to the terms of “Missing Piece” ’s Data Privacy and Security Policy(“Data Privacy Policy”) which can be found at here.
11.2 “Missing Piece” values all personal information and will hold and use all personal data provided by the Customer in compliance with the Personal Data (Privacy) Ordinance and all applicable rules and regulations. “Missing Piece” will take all reasonable precautions to keep the Customer’s personal data secure.
11.3 The Customer’s personal data will be used principally to provide the Customer with the Products purchased by the Customer. Failure to provide personal data as requested will result in “Missing Piece” being unable to process the Customer’s Order. “Missing Piece” retains the personal data provided by the Customer from time to time, including data “Missing Piece” collects when the Customer places an Order. Without limitation to “Missing Piece” ’s Data Privacy Policy, the Customer’s personal data may be used for the following purposes: accounting, billing and audit, delivery of goods, credit or other payment card verification, security, administrative and legal purposes, marketing and communication of information relating to “Missing Piece” products to Customers and assessment of any after sales claims. By placing an Order, the Customer agrees and consents to “Missing Piece” ’s collection, use and transfer of Customer’s personal data in accordance with the Data Privacy Policy.
12. Miscellaneous
12.1 These Terms and Conditions shall constitute the entire agreement between “Missing Piece” and the Customer for the purchase of Products on the Website. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be in applicable unless agreed in writing by “Missing Piece”.
12.2 Neither “Missing Piece” ’s failure nor the Customer’s failure to enforce any term of the contract between the parties constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
13. Governing Law and Language
13.1 These terms and conditions are governed by the laws of the Hong Kong Special Administrative Region and the parties hereby submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
13.2 In the case of any discrepancy between the English version and any other translated version of these Terms and Conditions, the English version shall prevail.
