Terms and Conditions
Terms and Conditions
You have read, understood and accepted all the terms and conditions as laid out in this contract. Please read these T&Cs carefully and keep a copy for your records. If you have any uncertainty with your diet, health, or on any medication or treatment programs, we strongly recommend that you seek medical advice before starting any FITTERY Meal Prep program. Cloud Kitchen Concepts Limited and its associated brands or affiliate inclusive of FITTERY (from hereon referred to as “we”) are not liable for any illness or medical reaction caused by contact with or consumption of FITTERY branded food (from hereon referred to as “Food”). If you have any type of serious food allergy, we ask that you refrain from purchasing and consumption of Food.
Whilst we do everything we can to help you achieve your health targets, results from the purchase of the Food are not guaranteed. Deviation of macros may occur during the weighing process which may lead to differences in total daily calories consumed. As a result, FITTERY Meal Prep calories and macros should only be considered as the best guide to achieving your health goals. For best results, the Food should be combined with daily exercise. Furthermore health results, inclusive of fat loss, muscle gain may vary from person to person for several reasons including but not limited to environment, genetics, metabolic rate, and physical exertion.
We reserve the right to refuse any order placed by you at any time prior to acceptance in its sole and absolute discretion.
Please note due to the perishable nature of food, that upon payment of Food, we do not offer any refunds or exchanges for our meal prep.
Upon providing the start date of your meal prep, we will continue to deliver food as per Clause 4 delivery terms without further notice. If any changes are required, please refer to Clause 6.
In the event of products or ingredients becoming unavailable, we reserve the right to change the product range at any time and from time to time. In rare cases, a product that is shown as available on the website may become unavailable. Under such circumstances, you agree and acknowledge that no penalty shall be applied for such modifications and that subject to the above, you waive all rights to claim any or other costs from us
If your meals are not eaten immediately, please keep all meals refrigerated. For optimal taste, please heat your FITTERY meals as per packaging instructions. We recommend you reheat your Food on the stovetop after taking the Food out of the box for best results.
It is your personal responsibility to declare all food allergies or food intolerances accurately prior to the purchase of food. We do not accept any liability for Food prepared based on any inaccurate or incomplete disclosure from your behalf. You are responsible for updating any changes to all of your food allergies or food intolerances to us on a timely basis and prior to any consumption of food.
From time to time, we may use a third-party courier company (from hereon referred to as “Delivery Company”) to deliver the Food.
As a guide, we aim to deliver food within the timeslot according to your delivery location, however delays may occur due to unforeseen circumstances, e.g. security clearances, road closure, inclement weather etc. Under such circumstances, we will not be held responsible for delay of delivery.
The above delivery time is a guide only and we do not accommodate and guarantee specific delivery arrival times. Failure to deliver at such time will not constitute breach of these Terms.
We do not provide food on weekends (Saturdays and Sundays), public holidays or on days with inclement weather (Typhoon signal No. 8 or above and any Rainstorm or Thunderstorm Warning). Food impacted on such days delivery will either be automatically postponed to the next business day or alternative arrangements will be proposed by us. We do not accept any other alternative arrangement that is not proposed by us or approved by us.
All food will only be delivered based on the specified address provided at the time of your order and is part of our approved delivery locations. Any wrong delivery address information provided by you will not be considered breach of our terms and will remain your responsibility. We will not be responsible for any compensation or liability under this circumstance.
Once the food is delivered in accordance with your delivery instructions, all food is deemed to be your responsibility. For the avoidance of any doubt, should food be delivered in accordance with your instructions and subsequently goes missing this will be regarded as a successful delivery.
The Delivery Company will take reasonable steps to deliver the Food to you. If you feel that your delivery will require special instructions (such as gaining access to secure parts of your home or any other building in order to deliver your food), please notify us of this at the time of placing your order.
If, having taken all reasonable steps, we are unable to deliver your Food, we will attempt to contact you. We will only attempt to contact you to make other arrangements where you have expressly given us permission to do so. Any failure to contact you is not deemed a breach of these terms should food be delivered according to your instructions. If we are unable to deliver the Food in such circumstances, we reserve the right to charge you for the Food that you should have received that day in any event.
The Food will be at your risk from the time of delivery. Ownership of the Food will pass to you upon delivery. Neither new or any delivery company appointed by us shall be deemed responsible for any theft of the Food from the delivery address.
We expressly disclaims all liability which may arise by virtue of the Food being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.
- MEAL PREP ORDERING CYCLE AND CHANGE REQUESTS
Our typical Meal Prep program is served from Monday to Friday. There will be no meal prep for Weekends, Statutory and Bank Holidays. We also reserve the right to not provide food during inclement weather including Typhoon Signal No. 8 or above, and Rainstorm warning (based on Government Gazette).
If a successful order is made on or before 10am on Friday for Meal Prep cycle, the earliest start day is on coming Monday. If a successful order is made between Friday 10:01am to Sunday 11:59pm, the earliest start date is on coming Wednesday.
We understand customer work schedules can vary. we offer all customers the flexibility to make any changes or requests to your meal prep, please note the following:
You may contact us either by email or WhatsApp on 56993560 with your order number to notify us your changes. Please allow a minimum of 2 working days in advance.
Please note our business hours are between 10 am – 5 pm, Monday - Friday. Our office is closed on Typhoon Signal No. 8 or above, Rainstorm warning (based on Government Gazette), Statutory and Bank Holidays.
Different meal preps need to be completed within the specified time limit, and unused meals will be automatically canceled without notice. Please note the below ;
1-week meal prep to be completed within 2 weeks of purchase date
2-week meal prep to be completed within 4 weeks of purchase date
3-week meal prep to be completed within 6 weeks of purchase date
4-week meal prep to be completed within 8 weeks of purchase date
General Terms and Conditions
1.1 FITTERY (HK) Limited, (collectively "we", the "Company" or "FITTERY") owns and operates the site.
1.2 By using our site you agree to be bound by the following terms and conditions. Please read them carefully.
1.3 “we”, “us” or “our” is a reference to (name of person or company providing the services).
1.3.1 “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.
1.3.2 “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.
1.3.3 “merchandise” means the goods (including without limitation food and beverages) or services you ordered through our site, which you will pay for.
1.3.4 “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.
1.3.5 “services” has the meaning given in clause 1.1.
1.3.6 “supplier” means the seller and supplier of the merchandise you ordered through our site.
1.3.7 “site” means our FITTERY website located at www.fittery.com.hk, and any associated sites linked to it, including Facebook, Instagram and other social media platforms
1.3.8 “User Content” has the meaning given in clause 14.1.
2.1 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.
2.2 You represent to us and to all suppliers of the merchandise through our site that all purchases made by you through our site will be within the scope of your authority to conclude contracts.
2.3 In consideration of your use of our services, you agree to:
2.3.1 provide true, accurate, current and complete information about yourself when filling out our registration form; and
2.3.2 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.
3.1 When you place an order you are making an offer to buy from either us or 3rd party supplier 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.
3.2 We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:
3.2.1 details of what you have ordered,
3.2.2 details of the price charged,
3.2.3 information about delivery address, and
3.2.4 your personal information is deemed necessary for the completion of the delivery of goods.
3.3 If there is a 3rd party supplier involved, this communication will be our acceptance of your order on behalf of the supplier. You may track your order status with us by contacting us at firstname.lastname@example.org.
3.4 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.
3.5 The availability of the merchandise is as shown online and will be updated regularly by the supplier. They should not be relied on as definite statements as to whether the merchandise you wish to purchase are actually in stock.
3.6 We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
3.6.1 no sufficient stock to deliver the merchandise you have ordered;
3.6.2 no delivery can be arranged for your area; or
3.6.3 one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.
3.7 If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your payment card as soon as possible. You accept that we will not be obliged to offer any compensation for the disappointment suffered.
- Price and Payment
4.1 We will use all reasonable commercial endeavors to display accurate and up-to-date prices on our site.
4.2 If for whatever reason the price of the merchandise is higher at the time we are ready to send our acceptance of your order to what it was at the time you placed your order then we will either:
4.2.1 cancel your order, or
4.2.2 contact you to ask you whether you wish to pay the higher price or cancel your order.
4.3 If the order is cancelled by us, if you have already made any payment, we will make a refund on any sum deducted by us from your forms of payment. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.
4.4 We only accept credit card payments made by our appointed Payment Gateway. When you place an order you authorise us to debit the card you specify on your order for the amount of the order at the time we send our acceptance of your order and you represent to us that you shall be authorised to make such payment. Title in the merchandise does not pass to you until payment has been received.
4.5 We use third party payment services 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 transactions, and in no event shall any such losses in whole or in part be borne by us.
5.1 We only make deliveries in the specified areas of Hong Kong from Monday to Sunday except on 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, and buildings without elevator facility. We reserve the right to decline delivery at our sole discretion. You agree and accept that you will collect your ordered merchandise from our logistics centre and under no circumstances will we accept cancellation of order or refund.
5.2 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 are 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 without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons.
5.3 Unless otherwise specified, we will use all reasonable commercial endeavors to make delivery within 5 working days after your order is accepted.
5.4 We may deliver the merchandise in one or more instalments, and some of the merchandises 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.
5.5 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.
5.6 Unless otherwise specified, please refer to our site (including our applications and software) for details of the delivery charges and free delivery threshold. We reserve the right to amend the free delivery threshold at any time and from time to time.
- Returns or Exchanges
After payment is confirmed, all orders cannot be modified unless confirmed in writing by us. In any case, all orders that have been confirmed for payment cannot be canceled or refunded. In case of any disputes, FITTERY reserves the right of the final decision.
- Disclaimer of Warranties and Limitation of Liability
7.1 We do not represent or warrant that access to our site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
7.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
7.3 We do not represent or warrant that:
7.3.1 any services (whether or not provided by us) will be provided with due care and skill; or
7.3.2 any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
7.4 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.
7.5 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:
7.5.1 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;
7.5.2 the unavailability of our site (or any part of it), merchandise or services;
7.5.3 any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
7.5.4 any merchandise not being of merchantable quality or fit for their intended purpose; or
7.5.5 any misrepresentation on or relating to our site, the merchandise or the services.
7.6 Save as required by law:
7.6.1 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
7.6.2 we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
7.7 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. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
7.8 You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase merchandise through our site you will enter into a separate contract with the supplier in each case.
7.9 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.
7.10 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
8.1 You represent, warrant and covenant that you will not:
8.1.1 use our site for any fraudulent or unlawful purpose;
8.1.2 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;
8.1.3 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;
8.1.4 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;
8.1.5 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);
8.1.6 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software);
8.1.7 frame or mirror any part of the site without our express prior written consent;
8.1.8 create a database by systematically downloading and storing the Content, User Content or any site content; and
8.1.9 infringe any copyright, design right and intellectual property right in the merchandise.
- User Generated Content
9.1 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. Without limitation, the rights that you grant to us under this clause 14.1 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.
9.2 You represent, warrant and covenant that:
9.2.1 you have the legal right and authority to grant the licence in clause 14.1 above;
9.2.2 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 in clause 14.1 above;
9.2.3 by exercising the licence in clause 14.1 above, we shall not infringe the intellectual property rights or other rights of any third party;
9.2.4 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 clause 14.1 above;
9.2.5 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
9.2.6 at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
9.3 You shall be legally liable for the User Content and we shall not be responsible nor liable for any User Content under any circumstances, regardless of whether we had knowledge of the User Content.
9.4 Our site will only display User Content that are related to product quality or promotional offers. Those User Content about after sales or other services will not be displayed on the site. We reserve the right to edit or delete User Content which contain attacks on other users, slander, coarse language and profanity, or other unrelated topics.
You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
- 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.
12.1 We may terminate your access to our site or registration immediately if you are in breach of any of these terms and conditions.
12.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
- Intellectual Property
13.1 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.
13.2 All trade marks, 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 trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
14.1 Where in these terms representations and warranties are made to us and to suppliers of merchandise through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you.
14.2 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.
14.3 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 the supplier or by operation of law that is in addition to the price.
14.5 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.
14.6 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.
14.7 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.
14.8 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.
14.9 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.
14.10 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.
14.11 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.