Terms and Conditions

We, Total Nutrition Center Ltd. (hereinafter referred to “we”, “us”, “our” and “TNCL”), own and operate the website of www.vitamixhk.hk (hereinafter referred to “our website” or ” vitamixhk.hk “). Our website provides comprehensive information of Vitamix for Hong Kong and Macau markets, and on-line store for purchasing Vitamix products which includes home delivery services.

Please read the following terms and conditions carefully before using our website. By using our website or any part of it, you agree that you have read these terms and conditions and accepted to be bound by them. We may revise these terms and conditions from time to time by updating this page with effective when this have been updated.

1. Registration
   1.1. You are required to register with us when you place an order at our on-line store and/or warranty registration. By registering, you are making a statement, upon which we are entitled to rely, that you are aged 18 or above and capable of forming a legally binding contract.
   1.2. Where you are required to register, you must:
   1.2.1. provide us with accurate, complete and updated registration information; and
   1.2.2. safeguard your username and password.
   1.3.You must inform us immediately of any changes to the information that you provided so that we can communicate with you effectively.
2. Order
   2.1. When you place an order, the prices charged are those applicable on the day you order. You cannot cancel or amend an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
   2.2. All products on our website are listed in Hong Kong Dollars.
   2.3. Our system will generate an email to the email address you registered as confirmation of our receiving of your order. Such confirmation does not constitute a promise of delivery of your ordered item(s).
   2.4. We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including but not limited to:
   2.4.1. no sufficient stock to deliver the item(s) you ordered;
   2.4.2. no delivery can be arranged for your area; or
   2.4.3. one or more of the items you ordered was listed at an incorrect price due to a human or computer error.
3. Payment
   3.1. We accept VISA, MasterCard, American Express, Google Pay, Apple Pay, Alipay Hong Kong and FPS (Fast Payment Transfer). Orders will be charged in Hong Kong dollars.
   3.2. We use a third party payment processor to process our online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by the payment processor 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 a credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
   3.3. We do not collect or keep your credit card information. If you choose to save your credit card information for express checkout, you agree and accept that the information will be encrypted and stored by the third party payment service providers.
   3.4. If the order is cancelled by us for any reason and you have already made any payment, we will credit the amount to your payment account that is the same method as your original payment for your order item(s).
   3.5. We reserve the right to change the payment terms for any order without prior notice.
   3.6. Products and prices displayed on our website are for reference only and are subject to alteration or modification at the time of actual transaction.
4. Delivery
   4.1. We offer FREE delivery to one single location for purchase over HK$1,200 net after discount or using promotion code in a single order. For orders under HK$1,200 after discount or using promotion code in a single order, a delivery charge of HK$150 per order shall apply.
   4.2. All deliveries shall be arranged and processed during our office hours. If you request us to carry out delivery at non-office hours, it will be arranged at the time shown below with extra charge of HK$200 per order per address:-
   Monday to Saturday: 10:00 am – 6:00 pm / Sunday and Public Holidays: Closed
   4.3. We will charge you additional fee and/or administration cost in the following delivery situation(s), and the fee will be collected by the delivery person when arrives. Any required additional fee cannot be collected by the delivery person, he/she will leave immediately with your ordered item(s):-
   4.3.1 The delivery address is in restricted districts or areas that vans cannot access or require parking, or
   4.3.2. You request to change the date and/or time of delivery without notification to us two days before the scheduled delivery date and time, or there is no one at the delivery address or the registered contact person cannot be reached when the delivery person arrives. The administration fee will be HK$150.00 per time.
   4.4. Delivery services shall delay when typhoon signal, a red or black rainstorm warning is hoisted, or such other weather conditions whereby delivery is considered unsafe. In this event, you will be contacted to re-schedule delivery time.
   4.5. We will deliver your ordered item(s) to the designated address you provided at the time you make your order by our staff or a third-party provider. If the registered contact person cannot receive the item(s) its own self and instruct us to leave your ordered item(s) outside the door or at the concourse or any place, missing of the item(s) under such circumstances shall be at your own risk. At the same time, you agree and accept that we are entitled, at our option, to charge additional fee or cancel your order for whatever reasons.
   4.6. It is your responsibility to inform us immediately of any changes to your delivery address or preferred delivery time slot after placing order.
   4.7. You will become the owner of your ordered item(s) once they have been delivered to you. The item(s) will be held at your own risk and we will not be liable for the loss or damage.
5. Product Maintenance and Warranty Service
   5.1. We will provide free repair and maintenance service on parts and labour of our product(s) (hereinafter referred to Vitamix, including models of Exporian Series E310, Ascent Series A3500i, and all containers) as stated below and it is effective from the date of purchase of our product(s):-
   Exporian Series E310: 7 years
   Ascent Series A3500i: 10 years
   All type of container: 3 years
   5.2. This free repair and maintenance service is only valid for customers using the product(s).
   5.3. This warranty is valid in Hong Kong and Macau only.
   5.4. This warranty covers only for mechanical and electrical defects arising from the normal usage of the product(s) in accordance with the accompanying instruction booklets. It will not cover:-
   5.4.1. any damages due to normal wear and tear, accident, improper maintenance, misuse, unauthorized modification, improper voltage input and any unauthorized repair by persons other than our technician(s), or product exposes to abnormal or extreme conditions;
   5.4.2. cosmetic changes such as discoloration or parts of the product in the hands of the user or the effects of the use of abrasive cleaners;
   5.4.3. the cleaning or removal of food products along with any damages caused by allowing them to build up;
   5.4.4. damages caused by the product being put into a sound reduction chamber or otherwise prevented from receiving proper cooling.
   Any spare parts required for replacement in such a condition will be charged separately as per our price list as well as any labour expenses.
   5.5. We shall not be liable for any loss, damage, cost or expense arising from any defect in the product(s), or from its unavailability for use whilst defective. In no event shall we be liable for any indirect or consequential losses, including loss of profit, as a result of any defects in our product(s).
   5.6. Customer is required to fill in and return this warranty card coming along with the product to us in the following ways within 7 workings days after your purchase in order to enjoy this 7 years’ free repair and maintenance service:-by mail to Unit A, 8/F, Lee Sum Factory Buidling, 28 Ng Fong Street, San Po Kong, Kowloon, Hong Kong;
   by fax to (852) 2116-8354;
   by email to enquiry@tnc.com.hk; or
   by online registration5.7. Customer is required to keep the original copy of the purchasing invoice and present it whenever requesting for service. This warranty will be automatically invalidated if it cannot be presented to our technician.
   5.8. For any repair and maintenance service of the product, customer is required to bring the product to our service centre for service, and collect it afterward. Our service centre locations at Unit A, 8/F, Lee Sum Factory Buidling, 28 Ng Fong Street, San Po Kong, Kowloon, Hong Kong and is available from Monday to Friday from 10:00 am to 1:00 pm and 2:00 pm to 6:00pm, and Saturday from 10:00 am to 1:00 pm.
   5.9. No representative or any other person is authorized to make any other warranty or assume any liability not strictly in accordance with the foregoing.
   5.10. We reserve our right to change any of these terms and conditions at any time without prior notice.
6. Refund & Replacement
   6.1. If you find your ordered item(s) in situations listed below, you can raise your request of replacement of the same within 3 working days after delivery:
   6.1.1. Breakage/Incomplete product package
   6.1.2. Quality issue
   6.1.3. Short-shipment or wrong delivery
   6.2. You are required to provide proof for approval of any request stated in clause 5.1 such as:
   6.2.1 Provide valid proof of purchase from our website; and
   6.2.2 Send photo(s) of the concerned item(s) to us via email to enquiry@tnc.com.hk or instant messaging software.
   6.3. We will arrange replacement of equivalent product within 7 working days upon approval of any request stated in clause 5.1. If the item you order is out of stock, we will credit the amount to your payment account that is the same method as your original payment for your order item(s).
   6.4. If your ordered item(s) is/are returned to us or late delivery because of an incorrect address provided or refusal of receiving the item(s), or you are unable to retrieve on the delivery date without prior notification and damage occurs, you will not be refunded.
   6.5. All refund will be credited to your payment account that is the same method as your original payment for your order item(s). Refund takes approximately 5-10 business days. Once processed, a refund cannot be cancelled.
7. Title
   All risks in the item(s) shall pass to you upon delivery but we shall retain title in the item(s) until full payment has been received.
8. Force Majeure
   Our performance of the obligations relating to the services supplied on this website is prevented by reason of “force majeure”, which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever, whether similar to the foregoing or not, beyond the reasonable control of us, we shall be excused from such performance to the extent of such prevention.
9. Disclaimer
   9.1. We do not represent or warrant that access to our website, including using our applications or software, or any part of it, will be uninterrupted, reliable or fault-free.
   9.2. We do not represent or warrant that our website or any of its contents will be accurate, complete or reliable.
   9.3. We do not represent or warrant that:
   9.3.1. Any services, whether or not provided by us, will be provided with due care and skill; or
   9.3.2. 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.
   9.4. 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.
   9.5. 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:
   Any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our website, including using our applications or software, or any information on our website;
   9.5.1. Any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our website, including using our applications or software, or any information on our website;
   9.5.2. The unavailability of our website, or any part of it, merchandise or service;
   9.5.3. Any delay in providing, or failure to provide or make available, merchandise or service, or any negligent provision of merchandise or service;
   9.5.4. Any merchandise not being of merchantable quality or fit for their intended purpose; or
   9.5.5. Any misrepresentation on or relating to our website, merchandise or service.
   9.6. Save as required by law:
   9.6.1. We shall 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
   9.6.2. We shall have no liability to pay you any money by way of compensation except otherwise specified in these terms and conditions.
   9.7. 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 website. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
   9.8. You agree that each of these limitations is reasonable with regards to the nature of our website and in particular given that when you purchase merchandise through our website you will enter into a separate contract with the supplier in each case.
   9.9. 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.
10. Warranties
    10.1. You undertake that you will not use our website to:
    10.1.1. upload, post, email, offer or otherwise transmit any contents of which you have no right (either proprietary, contractual, or fiduciary) to transmit or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or otherwise objectionable;
    10.1.2. impersonate any person or entity by way of transmitting any forged or manipulated contents through the use of any services.
    10.1.3. upload, post, email, offer or otherwise transmit any contents that infringe any proprietary rights or intellectual property rights including, without limitation, patent, trademark, trade secret, copyright of any party;
    10.1.4. upload, post, email, offer or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except such advertisements or promotional materials expressly authorized by us in writing;
    10.1.5. upload, post, email or otherwise transmit any contents that contain software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of our site and/or computer software or hardware or telecommunications equipment constituting them;
    10.1.6. interfere with or disrupt the services or servers or networks through which the services are provided, or disobey any requirements, procedures, policies or regulations of such networks;
    10.1.7. collect or store personally identifiable information about other users.10.2. You acknowledge that our site does not have any obligation to pre-screen contents, but our site has the right (but not the obligation) in its sole discretion to refuse or remove any contents that is available via the services. Without limiting the said right, our site has the right to remove any contents that, in its opinion, violate the terms and conditions or are otherwise, in its opinion, objectionable.
11. 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. Intellectual Property
    12.1. All intellectual property rights in the content, user content, design, text, graphics and other materials on our site, and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any unauthorized use without our prior written permission is strictly prohibited.
    12.2. 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.
13. General
    13.1. We may revise these terms and conditions at any time without prior notice. If any dispute arises, the company’s determination shall be final.
    13.2. Where these terms and conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
    13.3. We take privacy issues seriously. Our privacy policy statement covers our use of any information you provide. In using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy statement. You acknowledge and agree to be bound by the terms of our privacy policy statement.
    13.4. 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.
    13.5. 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.
    13.6. 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.
    13.7. 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. If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible, and the remainder will remain in full force and effect.
    13.8. You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of our site or the content or your breach of this agreement. Whenever necessary, $1 per each paper shopping bag each will be charged in accordance to the Hong Kong regulation.
14. Terms and Conditions for Promotions
    14.1. Promotion code or coupon offered by us shall only be applicable to one-off purchase at our site subject to special terms and conditions.
    14.2. Promotion code or coupon is neither refundable nor redeemable for cash. Any unused amount will be forfeited.
    14.3. We reserve the right to terminate or vary the above offers. In the event of any dispute, our decision shall be final and conclusive.