1. General
Please read these Online Ordering Terms and Conditions (these “Terms and Conditions”) carefully before using Maxim’s Cakes online ordering service provided by Maxim’s Cakes for the territory of Hong Kong Special Administrative Region (“Hong Kong”). By using the online ordering service or placing an order through this Website, you agree that you have read and understood these Terms and Conditions, and the Terms of Use (the “Terms of Use”) and Privacy Policy of this Website (as may be updated or amended by Maxim’s Cakes at its sole and absolute discretion from time to time without prior notice) and that you accept and agree to be bound by them.
The online ordering service is directed solely at persons accessing this Website from Hong Kong.
2. Settings Requirements of Online Ordering Service
In order to use the online ordering service, you are required to access this Website through computers, mobile phones or tablets.
3. Online Ordering
3.1 This Website provides self-pickup ordering services, and delivery services where the amount of total purchases is or exceeds HK$500, as provided in paragraph 9 below.
3.2 Customers can place orders with pickup time scheduled at not more than 14 days after the order is made. For pickup orders on the same day as the order is placed, customers are required to complete the ordering procedures at least 1 hour or more prior to the expected pickup time.
3.3 To place an order via the online ordering service, the customer needs to provide an email address for receiving the order confirmation email and his/her phone number for contact purpose. If the customer is providing the contact information of another person, he/she is required to obtain the consent of such other person; the customer is also obligated to be responsible for all liabilities arising out of the provision of such personal information. [In the event of any breach of these Terms and Conditions, or the use of the Customer Account in an unauthorized, fraudulent, dishonest or otherwise unlawful manner (determined at Maxim’s Cakes’s sole and absolute opinion), Maxim’s Cakes reserves the right to terminate or suspend the Customer Account without notice, and Maxim’s Cakes will not be liable for any loss or damage resulting therefrom. Maxim’s Cakes also has the right to take action on the customer for recovery of any loss and/or damage Maxim’s Cakes or any Associated Parties suffers under these circumstances.]
3.4 After selecting “Checkout”, please follow the on-screen directions to complete your order. For us to complete your order, we might need you to supply further information. Before clicking “PAY”, you must check and verify that all the information you have provided is true, correct, and complete, including the quantities, delivery information (where applicable), personal data, payment information, and voucher codes (where applicable). When you receive an email confirmation from us with your order receipt attached, your order has been placed successfully.
3.5 Order made on this Website is subject to acceptance and confirmation by Maxim’s Cakes. Once an order is confirmed, the order can neither be cancelled nor altered.
3.6 Separate orders and payment are required if takeaway orders are to be collected at different times, on different dates or at different stores.
4. Product information and pricing
4.1 Maxim’s Cakes reserves the right to update the price and/or product details at any time. All the product details and/or price are based on the information displayed at the online ordering service when Maxim’s Cakes confirms the order.
4.2 The number of products for sale is limited, and is open for purchase a on a first come, first served basis while stocks last. If any product is out of stock and cannot be provided to a customer, Maxim’s Cakes reserves the right to provide product(s) of similar price and type as substitute(s) with the customer’s consent.
4.3 The prices posted on this Website are applicable to online ordering service only. Some products may be priced differently at Maxim’s Cakes’s physical store(s).
4.4 Maxim’s Cakes may at its sole and absolute discretion from time to time limit the type and quantity of products that may be ordered online, refuse to accept/decline any order, or credit card and/or restrict purchase quota(s).
4.5 Without prejudice to Clause 6 of the Terms of Use, product information, colour, pricing and image(s) are for reference only. Photos, drawings, pictures images, colour, and the way products are packed as featured in products illustrations (including any packaging) are for reference only for the sole purpose of giving an approximate idea of the products. They do not form part of any order nor have any contractual force to the fullest extent as permitted by law. Reasonable tolerance for color and dimensional discrepancies in such illustrations is anticipated and should be permitted.
5. Restrictions on Goods
5.1 Some of the goods we offer on this Website are subject to restrictions for purchase (“Restricted Goods”). These restrictions include minimum age requirements for alcohol/alcoholic products (“Alcohol”) and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force. By placing an order for Restricted Goods, you confirm that you meet the legal requirements to purchase them. You shall ensure that a person aged 18 or above and who is authorized to receive the Restricted Goods is present to receive the delivery; otherwise we reserve the right to withdraw the delivery and charge you an extra delivery fee.
5.2 Alcohol
To purchase Alcohol, you must be of the statutory legal age, and we reserve the right at our sole and absolute discretion:
(a) to ask for valid proof of age (e.g. ID card) to any persons before any Alcohol is delivered;
(b) to refuse delivery if you are unable to prove you are of legal age; and/or
(c) to refuse delivery to any persons for any reason whatsoever.
6. Payment
6.1 Payment for online order (after deducting discounts or offers (if applicable)) must be paid online via this Website and settled by a valid credit card or other payment method acceptable by [Maxim’s Cakes] from time to time. Third party payment service providers may be used to process orders. Your credit card details may be collected, processed and retained by the third party payment service providers. You will need to agree to the terms and conditions (if any) of such third party payment service provider before placing an order. We are not liable for any loss in connection with such credit card transactions. With your consent, your credit card / payment information may be stored with our third party payment service provider(s) for further orders.
6.2 All prices are listed in Hong Kong Dollars. In no event shall Maxim’s Cakes be liable for any costs, charges or fees incurred by the customer resulting from or in connection with the use of any specific bank, payment method and/or currency.
6.3 In order to provide safe and reliable online ordering service, this Website uses secure socket layer encryption technology Secure Sockets Layer (SSL). All personal information, including your credit card number, name, email address and phone number, will be encrypted before being transmitted over the Internet to protect your information from being accessed by unauthorized third parties when it is transmitted online.
6.4 Maxim’s Cakes reserves the right to modify the payment terms for online ordering service at any time without prior notice, and will publish the modified terms on this Website.
7. Order Pickup
7.1 Under general circumstances, the order pickup time is between 7:30am and 9:00pm every day which may change due to operational status of the particular store(s). When the selected store becomes unavailable for pickup at certain dates and time slots, Maxim’s Cakes will contact the customer to arrange alternative pickup time and/or stores.
7.2 You acknowledge that the pickup time selected is an estimate and for reference only. Pickup time in particular store(s) may be delayed due to operational circumstances. We shall not be liable for any loss or damage incurred or suffered by the customer as a result of any late availability of the order.
7.3 If an order is not being picked up after the date of collection, Maxim’s Cakes shall not be obliged to provide the order to the customer and no refund will be made. Notwithstanding the foregoing, the 1-hour limit will be reduced due to closing hours of the relevant store(s).
7.4 During pickup, customers must show the valid order barcode or order confirmation number to the staff for verification. Each order barcode or order confirmation number can be used for pickup once only. Pickup records kept by Maxim’s Cakes shall be deemed final and conclusive. Maxim’s Cakes reserves the right not to hand over the order to you if you fail to provide the valid order barcode or order confirmation number to the satisfaction of the staff.
7.5 Customers should keep properly the confirmation email and order barcode. Anyone showing the staff of the relevant store a valid order confirmation number or barcode will be deemed as an authorized representative for order pickup.
8. Delivery
8.1 Delivery Areas
For order with total amount of HK$800 or above, a free one-time single location delivery can be arranged. The free delivery service will be forfeited if customer choose to pick-up in shop. For order with total amount of HK$500 or above, a one-time single location delivery can be arranged with an additional charge of HK$80. Delivery time is based on assigned time slot and cannot be arranged at a specific time. Delivery service is not applicable to the following locations: squatter area, walled villages, small house, temporary housing area, piers, parks, sports arenas, outlying islands, construction sites; Sai Kung, Stanley, Repulse Bay, Deep Water Bay, Tai Tam Road, Shek O, The Peak, Lei Yue Mun, Jumbo Floating Restaurant, non-permanent or incomplete addresses; remote areas in New Territories, including but not limited to Fairview Park, Hong Lok Yuen, Palm Springs and Royal Palms. (Special delivery service can be arranged for cakes of 10 lbs or above.) At our sole and absolute discretion, we may offer doorstep delivery service in particular delivery zones. You can check if our delivery service is available at your delivery address by entering it on this Website. Delivery zones may be modified from time to time without any prior notice. Doorstep delivery means that our delivery service provider will deliver your order at your address for your acceptance. Our delivery service provider will not be obligated to carry your order beyond around the entrance of the specified delivery address. You should ensure that you or a representative who is aged 18 or above is at the specified delivery address to receive the order, and provide reasonable assistance for our delivery service provider to get to the entrance of the specified delivery address. Please check all products when the delivery arrives. All risks in the products shall pass to the customers upon delivery. If any product which was not part of your order is delivered to you by mistake, we reserve the right to collect such product from you.
8.2 Delivery Fees
Where we provide delivery service, we may charge a delivery fee at our sole and absolute discretion. The delivery fee applicable to your order will be shown on this Website, and must be paid when you make the order. The amount of such delivery fee will vary depending on the value of your order, your delivery address and the time and date the order is required to be delivered and we reserve the right to revise and adjust the amount of the delivery fee from time to time, without any prior notice to you. Delivery fee is not refundable in any circumstances, whether or not the order is cancelled or not fulfilled, unless otherwise agreed by Maxim’s Cakes.
8.3 Delivery Time
You can arrange for delivery at a particular timeslot. Your email confirmation will include an anticipated delivery time, but actual delivery timings may differ due to reason(s) outside of our control, such as the distance, the time of day (peak periods), the weather, traffic, etc. You acknowledge that the delivery time we provide is only an estimate and orders may arrive earlier or later. We shall not be liable for any loss or damage incurred or suffered by the customer as a result of any early or late delivery.
If your order contains Restricted Goods and you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of ID, we reserve the right not to deliver your order to you.
8.4 Unsuccessful or Failed Deliveries
8.4.1 Without prejudice to any other clauses in these Terms and Conditions, where we have made reasonable endeavour to deliver an order but you fail to receive your order upon the first delivery attempt due to reasons not attributable to us, including but not limited to:
(a) no one was present or available at the delivery address to receive the order;
(b) you are uncontactable despite attempt to reach you via the phone number provided;
(c) you provided an inaccurate address;
(d) lack of appropriate or sufficient access to deliver the order successfully;
(e) lack of a suitable or secure location to leave the order;
(f) in the case of Restricted Goods, you do not meet the statutory age requirements or the delivery service provider does not deem it safe or appropriate for you to receive the Restricted Goods,
we will contact you via call or email to inform the unsuccessful delivery. In such cases, we reserve the right to cancel the order without refund or remedy to you.
8.4.2 In case of any dispute relating to delivery, our determination shall be final.
9. Refund and Cancellation
9.1 Upon confirmation of the order, neither can the order be cancelled, nor the ordered item(s) be altered by the customer.
9.2 All items sold are non-refundable, non-returnable and non-exchangeable after payment of such order has been completed.
10. Miscellaneous
(a) The provisions in the Terms of Use (including the defined terms therein) shall apply mutatis mutandis to these Terms and Conditions and shall have full effect as if the same had been incorporated herein, save that references to “TOU” therein shall be deemed to include these Terms and Conditions. For the avoidance of doubt, Clauses 6 (No Warranties) and 7 (Limitation of Liability) of the Terms of Use equally apply to the online ordering service on this Website (including but not limited to any delivery and self-pickup services, your use of the Customer Account and your consumption of the order.
(b) If there is any discrepancy between these Terms and Conditions, and the Terms of Use, these Terms and Conditions shall prevail.
(c) Unless the context otherwise requires, in these Terms and Conditions, the term “customer(s)” shall refer to any person and/or entity that accesses this Website for any reason or purpose.
11. Applicable Laws and Jurisdiction
These Terms and Conditions shall be interpreted according to the laws of the Hong Kong and be governed by the Hong Kong laws. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts for any disagreement, dispute or claim arising out of or in connection with these Terms and Conditions.
© Maxim’s Caterers Limited / https://www.maximscakes.com.hk/en
美心西餅，保留一切權利 2025
