(Last Updated on 30 Jun 2023)
Smile Yogurt Limited (“Smile” or “We”) welcomes you to www.smile-yogurt..com, Facebook Page and Instagram Account (collectively “the Website”), and various electronic services provided by Smile (all above services collectively as “the e-Services”).
Content of the e-Services
The e-Services provide the latest information from Smile, online ordering services, member privilege, branch locations, company introduction, contact information for Smile, and other information. Smile reserves the right to decide on the content, appearance, design, functionality, and any other aspects and service offerings of the e-Services, including the right to redesign, modify, delete and/or amend any element, detail, portion or feature of the content, appearance, design, functionality and any other aspects and service offerings of the e-Services from time to time.
Smile will update the descriptions and prices of various products available on the e-Services from time to time. All product descriptions and prices are subject to final confirmation by Smile at the time of ordering. Smile has sole discretion to postpone or cease any and all product orders. Smile reserves the right to change or modify the Online Order Terms and Conditions via the e-Services at any time.
Ordering Terms and Conditions
1. *The website operates based on Hong Kong time.
2. *Please INSERT your Preferred Pickup Date (4 BUSINESS DAYS after the Order Date. Our Business Hours: Mon-Fri 10:00 - 17:00, except Public Holiday) and time slot on the product page, e.g. if preferred pickup date is on 8th October, 2021, order has to be placed on or before 4th October, 2021. If the date or time slot you prefer is not available due to any reason, Smile will take the initiative to contact you to confirm another pickup date or timeslot. A confirmation email will be sent to you with the pickup details within 2 Business Days.
3. *For delivery service, the delivery time slot is between 13:00-17:00 from Monday to Sunday, please INSERT your preferred collection date (starts from 4 BUSINESS DAYS after the Order Date. Our Business Hours: Mon-Fri 10:00 - 17:00, except Public Holiday) on the product page, e.g. if preferred pickup date is on 8th October, 2021, order has to be placed on or before 4th October, 2021. If the date you prefer is not available due to any reason, Smile will take the initiative to contact you to confirm the pickup date. Smile will take the initiative to contact you to confirm the pickup date and a confirmation email will be sent to you with the delivery details within 2 Business Days.
4. *Please order all cakes at least 4 business days in advance, e.g. if the preferred pickup date is on 8th October, 2021, order has to be placed on or before 4th October, 2021. All tea gifts at least 2 business days, e.g. if the preferred pickup date is on 8th October, 2021, order has to be placed on or before 6th October, 2021. All flower bouquet & plant box gifts at least 5 business days in advance of the preferred pickup date, e.g. if the preferred pickup date is on 8th October, 2021, order has to be placed on or before 30th September, 2021. Our Business Hours are between Mon-Fri 10:00 - 17:00, except Public Holidays.
5. *Due to different order processing time for different products, if there is more than one product in a single order, the collection time will be based on the product with the farthest order processing time. If customers want to collect part of the order earlier, please order separately.
6. Please present coupon or promotional details for any discount or promotional offers upon ordering.
7. *Any discount or promotional offers derived from purchasing this website cannot be used in conjunction with other promotional offers and cannot be redeemed for cash.
8. Once the order payment is completed, kindly understand that we are unable to arrange any cancellation nor refund, and no changes on product sizes or flavours will be catered.
9. Once you have settled the payment, you will receive a confirmation email issued by Stripe. Once the order pickup or delivery details have been confirmed, you will receive an order pickup/delivery confirmation email issued by Smile.
10. *Please present the order pickup confirmation email issued by Smile upon product pick up. The order will be voided if customers do not pick up on the designated date. No refund will be made.
11. Customers can choose the delivery service with charges as below:
For an order equal to or above HK$2,500, one-time delivery can be arranged for free.
For an order equal to or above HK$1,000, one-time delivery can be arranged with an additional HK$120.
For an order below HK$1,000, one-time delivery can be arranged with an additional HK$300.
Delivery service is available within Hong Kong only. Delivery service is not applicable to the following location: no fixed address, restricted area, outlying islands & remote areas where a truck cannot access.
All products will only be delivered to one location within the designated area.
Customers need to pick up the cake at the closest feasible area of the provided delivery address if customers requested our delivery service. The customer is liable to pay for the parking fee if you're requesting to pick up the cake at a designated parking area that needs charges.
If delivery is delayed, postponed or cancelled due to traffic, weather or other factors, Smile shall not be liable for any loss or damage, no matter whether the factor which causes the delay, postponement or cancellation is within the control of Smile or not.
The above terms and conditions are subject to change without prior notice. In case of any disputes, the decision of Smile will be final.
12. Customers should fill in an accurate delivery address, contact phone number and email address. Smile shall not be responsible for any loss arising from customers’ failure to provide accurate information.
13. Changes to pickup/delivery arrangements can only be arranged ONCE with email (firstname.lastname@example.org) notice received at least 4 business days in advance (Business Days: Mon-Fri, except Public Holiday. Cut-off time at 15:00) subject to the availability. E.g. if the preferred pickup date is on 8th October, 2021, changes to pickup/delivery arrangements have to be requested at or before 15:00 on 4th October, 2021. NO changes can be made after the cut-off time. For second time changes, subject to availability, a HK$50 administration fee will be charged upon cake pick-up.
14. Subject to actual weather conditions or other special circumstances, delivery and pick up services may be suspended when typhoon signal No. 8 or above or Black Rainstorm Signal are hoisted, or special circumstances occurred. Customers can reschedule the delivery or pick up date after normal business operation by calling our stores.
15. The number of words writing on the chocolate plate would be varied by the size of the cake. The writing should not contain any wordings that are or likely be inferred as illegal, offensive, or arousing discrimination or hatred. In this regard, Smile has sole and full discretion and its determination shall be final.
16. Smile Cakes are garnished with fresh flowers. The selection of floral materials varies according to the season and supply, and it may differ with the pictures of the cake leaflet.
17. Each cake takes a team of hard work to prepare, and we hope that each will be delivered to our valued customers in its perfect shape and flavour. Therefore, we ask for your cooperation in supporting the bottom of the cake box with extra care after pick up. Please understand that we are not responsible for any damages afterwards.
18. Some of our cakes may contain allergens such as egg, soy, milk, alcohol and nuts. If you have any special dietary requirements, please approach our stores’ front line staff and we shall advise you on your choice.
19. All pre-ordered whole cakes (except petite cake) will include 1 ice pack for free. HK$2 will be charged for each extra ice pack as per customers’ request.
20. All pre-ordered whole cakes (except petite cake) will include 1 cake box, 1 piece of candle and 1 plastic knife. HK$2 will be charged for each piece of candle. HK$10 will be charged for each piece of plastic knife as per customers’ request. HK$10 will be charged for each cake box for 2 pieces of cake. HK$15, HK$20, and HK$30 will be charged for each 4”, 6” and 8” size cake box respectively.
21. A free chocolate plate is provided for a single transaction of 12 or more Petite Cakes. HK$10 will be charged for a chocolate plate with a single transaction of fewer than 12 pieces of Petite Cakes as per customers’ request.
22. In respect of the Plastic Shopping Bag Charging Scheme employed by HKSAR government, should a shopping bag be required on top of free cake boxes, HK$2 will be charged for each bag.
23. All photos are for reference only. The colour of the product may vary from the photos in different lighting and environment. Products are subject to change without prior notice.
24. For festive products’ redemption period and other terms and conditions, please refer to the specific festive products’ terms and conditions.
25. All discount offers are calculated on item level and the discounted amount will be rounded off to the nearest units digit. Delivery charges and other surcharges are excluded from the discount.
26. *For ordering via this Website, we only accept MasterCard or Visa Card payment in Hong Kong Dollars Credit card transactions made in currencies other than Hong Kong Dollars shall be converted into Hong Kong Dollars at the prevailing exchange rate as determined by the card-issuing bank. The order will be cancelled if we cannot obtain the authorisation code from the bank.
27. *Customers understand that all the information collected on the Smile website will be used for:
Processing the order and the payment.
Personal identity verification and record-keeping.
28. *Smile will update the descriptions and prices of various products available on the e-Services from time to time. All product descriptions and prices are subject to final confirmation by Smile at the time of ordering. Smile has sole discretion to postpone or cease any and all product orders. Smile reserves the right to change or modify the Terms and Conditions for online ordering via e-Services at any time.
29. *For the reasons of online transaction security and customer service, an employee of Smile may contact you to verify certain customer information.
30. If there is any system problem, Smile reserves the right to claim back any variance in amount.
31. The Terms set forth herein and the relationship between you and Smile are governed by the laws of the Hong Kong Special Administrative Region. Both you and Smile agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.
32. Should you need any assistance, please call any of our stores for assistance.
33. Any provision of the Terms set forth herein that are deemed to be invalid, unlawful or unenforceable under the laws of jurisdiction shall not affect the validity, lawfulness or enforceability of the same provision in any other jurisdiction, and shall not affect the validity, lawfulness, and enforceability of the remaining provisions.
34. Smile reserves the right to change the terms and conditions without prior notice. In case of disputes, Smile reserves the right to all final decisions.
*only applicable to online orders via this website
Information contained within the Website is displayed for the purposes of interaction, purchase, and reference only, and only personal use is allowed; it may not be used for any commercial purposes. You agree not to amend, display, disseminate, announce, broadcast or sell by any means any content or products from the Website, or create and use any derivative works from them. You agree to indemnify, defend and hold harmless Smile for any and all possible unauthorized use of any materials from the Website. You acknowledge that unauthorized use of content from this Website may cause irreparable harm to Smile and that in the event of the said unauthorized use, Smile shall be entitled to an injunction in addition to any other remedies available.
You may have to provide your information, including but not limited to your name, contact details, email address and Facebook and Instagram username (“your Data”), to Smile when you use the Website. You agree to provide your Data to Smile voluntarily. If you provide incomplete or inaccurate information, Smile shall not be able to provide, or continue to provide, pertinent services, or may disallow or terminate your use of the Website. You guarantee to Smile that your Data is accurate, correct, valid, and complete. Smile reserves the right to cancel and/or refuse your access to the Website and any services rendered by them at present or in future without notification.
Smile will carry out promotional activities through the Website from time to time. Any promotional activities involving rewards are bound by specific rules. Smile shall be final and conclusive and shall not be subject to any dispute and challenge from you.
Smile members’ service and offers
Smile shall provide various services and offers to its members from time to time through the e-Services platform. The pertinent services and offers for members shall be bound by the Terms and Conditions of the Smile Membership Programme. For details on these Terms and Conditions, please visit https://www.smile-yogurt.com/smile-fans
All rights involving information, content, trademark, and source code within the e-Services are hereby reserved by Smile. Unless we have given our express written consent, you should not by any means change, modify, reproduce, store, distribute, print, display, execute or publish any part of the e-Services or produce derivative works thereof, and you may not commercialize, duplicate or sell any information or object that was obtained from the e-Services comprising intellectual property from Smile.
We shall not be liable for damages arising from any infringement of copyrights, trademarks or other proprietary rights in third-party content. Unless otherwise required by law, we shall hold sole and absolute discretion in removing materials that were allegedly involved in copyright infringement from the e-Services. What constitutes sufficient evidence of resolution of such disputes is to be determined by us at our sole discretion, and for the avoidance of doubt, Smile shall not be liable for any damages and/or inconvenience arising
Smile is not related to the webmasters of, nor does it have control over, all third-party websites that may be linked from the Website or the e-Services. Smile has no control over the collection of information or the use of tracking cookies by webmasters of these websites. Please note that website log-on and usage policies vary by institution, and Smile strongly recommends you to read the specific terms and conditions from these webmasters when accessing the information on third party websites as linked from the Website or the e-Services, as those terms may differ from the Terms set forth herein. Please contact the relevant webmasters for any concerns over visiting third-party websites. Smile accepts no responsibility for any content or means of information collection that is associated with third-party websites.
System requirements and reliability
You must possess a computer, mobile phone or handheld device which is equipped with internet connectivity in order to use the Website or the e-Services. The Website and the e-Services rely on the operation of systems beyond the control of Smile, including communications networks and the Internet, and Smile makes no guarantee with regard to uninterruptible operation, quality, or usability of the e-Services. Smile accepts no responsibility for unavailability of the e-Services, any difficulty or inability in downloading or accessing its contents, or any other communications system failure which may render the e-Services inaccessible. We accept no responsibility for the loss of any data or information in our possession. If the systems encounter any problems, Smile reserves the right to claim back the difference in amount.
Refusal of login or access to the e-Services
Smile may, in its sole discretion, refuse service to any person for any reason. Smile may refuse any person’s access to, or use of, the e-Services. Smile may also terminate access to the e-Services at any time.
We reserve the right to review and take appropriate actions against any violation of the Terms, including and not limited to removing, banning or temporarily refusing access for users who have violated these Terms, seeking recourse from you for all losses and/or damages arising from your violation, and reporting any activities which we suspect may have broken any pertinent laws or regulations to relevant legal enforcement agencies.
Indemnity and defence
Smile does not plan or intend to promote products or services to any persons under the age of eighteen (18) or obtain their personal information through the Website or the e-Services. If you are under 18 years of age, you are advised not to provide any personal information on the Website or the e-Services platform; please ask your parent or guardian to order Smile products on your behalf.
Channels for comments and inquiries
Smile’s liability in contract, tort or otherwise with regard to any claims arising from acts or omissions in the Smile membership or the e-Services shall be limited to crediting back the value of Member Offers that was redeemable by the member. Smile shall not be responsible for any fault or defect of products supplied, or services rendered, by other organizations. Decisions made by Smile on any complaint or dispute are final and binding, and Smile shall not be required to give any reasons for said decisions.
Services from Smile are provided on an as-in basis. Smile does not provide any express or implied disclaimer or warranty otherwise. You hereby acknowledge and agree that you are solely responsible for all associated risks if you decide to browse or use the e-Services. Under no circumstances will Smile (including its directors, officers, employees, parent companies, subsidiaries, affiliates, and agents) be responsible for any direct or indirect, general or special, compensatory, incidental or consequential losses or damages arising from or in connection to your browsing, installation, or use of the e-Services.
Smile does not guarantee the validity, accuracy, truthfulness, completeness, reliability, timeliness or usefulness of these materials at present or in the future. Smile does not guarantee that the e-Services and associated systems are free of computer viruses or other harmful components, or are provided in a timely, secure and uninterrupted manner. Materials downloaded or otherwise obtained through the Services are done at your risk and discretion.
We do not guarantee the validity, accuracy, truthfulness, completeness, reliability, timeliness, or usefulness of any third-party content. Under no circumstances shall Smile be liable for any errors, omissions, copyright infringement or other materials in third party content or embedded hyperlinks that may be unlawful or result in claims or complaints, and Smile bears no responsibility for any losses or damages resulting from your reliance on third party content or any other harm arising from or in connection to such third party content.
Any provision of the Terms set forth herein that are deemed to be invalid, unlawful or unenforceable under the laws of jurisdiction shall not affect the validity, lawfulness or enforceability of the same provision in any other jurisdiction, and shall not affect the validity, lawfulness, and enforceability of the remaining provisions.
The Terms set forth herein and the relationship between you and Smile are governed by the laws of the Hong Kong Special Administrative Region. Both you and Smile agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.