Terms of service

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 affiliates inclusive of FITTERY (from hereon referred to as “we” or “Company”) 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.

 

RESULTS

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, and 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.

 

REFUND

We do not offer refunds however in the rare event of cancellation or monetary compensation, please note 3rd party fees such as Shopify and credit card transaction fees are non refundable and 5% will be deducted from the total amount owing. You can reach us on WhatsApp 5699 3560 or Email hello@fittery.com.hk.

 

FOOD

Upon providing the start date of your meal prep, we will continue to deliver food as per our DELIVERY terms below, without further notice.  If any changes are required, please refer to the MEAL PREP ORDERING CYCLE AND CHANGE REQUESTS clause below.

 

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 will do our best to fulfill the requests on a best efforts basis, however we do not accept any liability for Food prepared incorrectly. We suggest if the allergy is of a serious nature to refrain from purchasing our products or seek medical advice prior to consuming our products. Given our food factory handles large volumes of food including a wide range of ingredients, it is impossible to guarantee that no contamination or misplacement of ingredients will occur.

 

DELIVERY

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 generally do not provide food on weekends (Saturdays and Sundays), public holidays or on days with inclement weather (Typhoon signal No. 8 or above and Black Rainstorm or Thunderstorm Warning). Food impacted on such days delivery will either be automatically postponed to the next day (including redelivery of Friday meals on Saturday as an exception) 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 third-party 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 disclaim 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 warnings (based on Government Gazette).

If a successful order is made on or before 12 pm on Friday for Meal Prep cycle, the earliest start day is on coming Monday. If a successful order is made between Friday 12:01 pm to Sunday 11:59 pm, 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 warnings (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

 

WEBSITE USE AND DISCLAIMER OF WARRANTIES AND LIABILITIES

Whilst we do our best to provide you the best website experience, 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. We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable and error free at all times. By using our site, you agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information by using reputable third parties like Shopify and Paypal, 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: 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; the unavailability of our site (or any part of it), merchandise or services; any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services; any misrepresentation on or relating to our site, the merchandise or the services. Save as required by law:  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  we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.

 

INDEMNITY

By purchasing our company products and services you agree there is a natural element of risk associated to the nature of product being Food. You hereby release, discharge and hold harmless the Company. from and against any and all claims, liability and/or causes of action you may have incidental to your purchase or consumption of our company products and services. WHETHER OR NOT RESULTING FROM OR CAUSED BY NEGLIGENCE by, of and/or on the part of the Company, you hereby also indemnify and hold harmless the Company., from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, brought as a result of your purchase of the company products and services.  This clause includes all related company directors, employees and contractors, and to hold such personnel 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.

 

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.

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.

 

LEGAL JURISDICTION

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.