Terms of Service

User Acceptance

Thank you for visiting www.hk.hexapi.com and www.hexapi.com, operated by Hexapi Honey which is the trading name for Hexapi (Hong Kong) Company Ltd. Throughout the site, the terms “Hexapi Honey”, “Hexapi”, “we”, “us” and “our” refer to Hexapi (Hong Kong) Company Ltd.

Hexapi Honey offers this website and any associated mobile application, including all information, tools and available services to the user upon their acceptance of all terms, conditions, policies and notices stated here.

The website is controlled and offered by Hexapi Honey from its facilities in Germany and Hong Kong. Hexapi makes no representations that the website is appropriate or available for use in other locations and you are responsible for compliance with local law.

The website is hosted by Shopify Inc. You consent to having your personal information, including your user content, transferred or processed by Shopify Inc. You also acknowledge that your purchase of and access to and use of the services and the content may be subject to local and international laws applicable to Shopify Inc, and it shall be your sole responsibility to ensure that you purchase, access or use the services and the content only in compliance with such applicable laws.

By accessing or viewing any part of this website and any associated mobile application and using our services and/ or purchasing something from Hexapi Honey, you engage in our service and agree to be bound by the following Terms of Service. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the Terms of Service you may not access the website or use any services.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our service and products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the terms will result in an immediate termination of our service to you.

Hexapi may, in its sole discretion, revise these Terms of Service and related policies at any time by posting such changes on the website. Your continued use of the website shall constitute an agreement to be bound by such revisions. It is your responsibility to review from time to time and be familiar with the most up-to-date versions of the Terms of Service and related policies.

 

Use of Website

You may access and use the website only if you agree to the following:

Unless otherwise provided for in these Terms of Service, you will not distribute or duplicate any part of the website (regardless of medium or format) without our prior written consent.

You will not modify the website, including but not limited to Hexapi's web tools or any related technologies.

You will not access user content or site content through any technology or means other than with the pages of this website itself or other means Hexapi may make available.

You will not use the website, or any other content, for any commercial use without Hexapi's prior written consent. Prohibited commercial uses include without limitation: (i) sale of access to the website and related services, (ii) use of the website and related services for the purpose of obtaining advertising or subscription revenue (including the sale of advertising on the website); and (iii) any use of the website and related services that Hexapi determines, in its sole discretion, to compete with or displace the market for Hexapi Honey or the website.

If you use web tools made available by Hexapi, you agree that bug fixes, enhanced functions, new software modules, and completely new versions of Hexapi web tools may be required from time to time. You agree to receive, download, and install such updates and permit us to deliver these to you.

You may not use or launch automated scripts such as robots, spiders, web crawler or offline readers that access the website in a manner that delivers more messages than a human can produce using an on-line web browser. Subject to Hexapi's right to revoke the following at any time and for any reason or no reason, operators of search engines may use spiders to copy materials from the website for the purpose of and to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial purposes.

You agree to abide by all of the Terms of Service and all applicable local, national, and international laws and regulations.

The content available at the website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, trademarks, service marks, and logos contained therein, but excluding user content, is owned by Hexapi or licensed by us to operate the website and shall not be altered, modified, compromised, or reverse engineered in any way.

All content is provided to you "as is" and use of the content is restricted solely to personal use and may not be used for any other purpose without Hexapi's prior written consent. Subject to the permitted uses provided herein with respect to website and user content, Hexapi reserves all right, title, and interest in and to the content.

Your access to including use and sharing of content is limited to personal non-commercial use. Content may not be copied, shared, or downloaded.

You will not disable or otherwise interfere with security-related features of the website, including features that prevent or restrict use or copying of any content or enforce limitations on use of the website.

You agree that Hexapi is not responsible for user content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hexapi Honey with respect thereto, and agree to indemnify defend and hold Hexapi, its subsidiaries and affiliates, and each of their officers, directors, employees, contractors, partners, agents, and attorneys harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

Hexapi Honey may, in its sole discretion, cancel or amend any aspect of the website at any time.

 

Third-Party Websites

Certain content, products and services may include materials from third-parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with Hexapi. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Hexapi does not control and, therefore, assumes no responsibility for the content, policies, or practices of any third-party websites. We are therefore not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

You hereby release Hexapi from any and all liabilities arising from your use of any third-party websites.

 

Errors, Inaccuracies or Omissions

Occasionally there may be information on our website or in the Terms of Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice including after you have submitted your order.

We undertake no obligation to update, amend or clarify information on the website, including without limitation, pricing information, except as required by law.

No specified update or refresh date should be taken to indicate that all information on the website has been modified or updated.

 

Website Access

You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access Hexapi´s website. You agree to comply with all applicable laws and the terms of this Terms of Services in connection with your use of Hexapi´s website.

You hereby represent that you are at least the age of majority in the jurisdiction of residence, have the requisite power and authority to enter into the agreement and perform your obligations here. You further have given us your consent to allow any of your minor dependents to use our website.

You acknowledge that from time to time the website and/ or any associated mobile application may be inaccessible or inoperable for any reason, including, without limitation (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs which Hexapi or its hosting providers may undertake from time to time, or (iii) causes beyond the reasonable control of Hexapi Honey or which are not reasonably foreseeable by Hexapi. Hexapi Honey shall not be liable to you in any such event.

 

Account and User Registration

In order to fully use our website, services and purchase products you must create an account. This is accomplished through the use of a registered email address and a password that you choose upon your registration.

You agree to provide true, accurate, correct, and complete information, and maintain and update such information as your circumstances require. You agree that you will not provide fraudulent account information and that you are solely responsible for any account information that you provide to Hexapi, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer and mobile devices, as applicable.

You further agree to bear all responsibility of the upkeep and maintenance of an accurate and active email address for access to the website, any associated mobile application, or receipt of transactional, account-related or marketing email communications or other communications relating to Hexapi Honey.

You are responsible for all charges including applicable taxes to your account by you or anyone you allow to use your account and password to access Hexapi Honey.

With the exception of Hexapi exercising its rights provided and reserved herein (including discretionary administrative and editorial rights), you are solely responsible for the activity that occurs on your account.

You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password. You agree to notify Hexapi Honey immediately of any breach of security or unauthorized use of your Hexapi Honey account or password.

Hexapi is not liable for any losses caused by any unauthorized use of your Hexapi Honey account. You may, however, be liable for the losses of Hexapi and others as a result of such unauthorized use.

You may further not use another user's account without prior written permission from the registered user.

 

User Content

As a Hexapi Honey account holder you may be able to submit content to the website or to Hexapi, including text, photograph, audio and video content.

You affirm that you are the sole owner of and have all right, title, and interest in your content, and that no third-party claims will result from such content.

Hexapi Honey does not claim ownership of your user content (including recipes, suggestions, posts, or uploads). However, by posting, uploading, or submitting user content to the website, you are granting Hexapi, its partners, vendors, production companies, programming and content distributors, affiliates, assigns, subsidiaries, licenses, and successors a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your user content in connection with the website, any associated mobile application and Hexapi's business, including without limitation for promoting and redistributing part or all of the user content (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each user of the website a non-exclusive license to access your content through the website, and to use, reproduce, distribute, display, and perform such user content as permitted through the functionality of the website and under these Terms of Service.

The removal of user content by you or Hexapi Honey shall not in any way deplete or diminish our license rights granted herein and the above licenses granted by you in your user content shall survive termination of these Terms of Service and your use of the website.

We do not endorse any user content and Hexapi disclaims all liability in connection with your user content. Hexapi Honey does not allow the infringement of intellectual property rights on the website and will promptly remove all or disable access to user content if properly notified that such content infringes or allegedly infringes on another's intellectual property rights. Hexapi Honey reserves the right to remove user content without prior notice at any time and for any or no reason.

If you provide Hexapi Honey with any feedback or suggestions regarding the website, you hereby assign to Hexapi all rights in such feedback and agree that Hexapi Honey shall have the right to use and fully exploit such feedback and related information in any manner it deems appropriate except as set forth in the Privacy Statement.

Hexapi Honey will treat any feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to Hexapi any information or ideas that you consider to be confidential or proprietary.

Hexapi Honey also has the right but not the obligation to do one or all of the following, at its discretion, (i) monitor user content, (ii) alter, remove, or refuse to post or allow to be posted or stored any user content, (iii) monitor and/or filter any of your communications through the website including by means of blocking or replacing language that may be deemed harmful or offensive), and (iv) disclose any user content or any communication through the website, and the circumstances surrounding the transmission thereof, to any third-party in order to (i) operate the website, (ii) protect Hexapi Honey and its employees, officers, directors, shareholders, agents, representatives, and attorneys, and the website users and visitors, (iii) comply with legal obligations or government requests, and (iv) enforce these Terms of Service.

 

Price

The price of all Hexapi products, services and delivery charges, if any, will be as quoted on our website in their respective currencies.

Product and service prices and delivery charges are liable to change at any time. Changes will not affect orders in respect of which we have already sent you a confirmation.

Prices do not include applicable import taxes into PR China, Singapore, Malaysia, Taiwan, Macao or any other country.

 

Order

You may order any of the products, services, or subscription plans by following the directions on the Hexapi Honey website.

Hexapi Honey reserves the right to change the pricing for all or any portion of the products and/or services at any time by updating the website and without any additional notice.

Due the nature of some of our products, certain products may be unavailable due to seasonal, climatic and/ or market conditions beyond Hexapi´s control or quality that is below our standards. In those circumstances Hexapi Honey will strive to provide you with the ordered product and/ or service as soon as possible.

If we are unable to fulfil your entire order with the items you ordered, we will use reasonable efforts to contact you prior to delivery which may include notice in your confirmation email.

Hexapi Honey reserves the right to limit your order or the quantity of a particular product that you may order.

Your order may be subject to minimum purchase order total, taxes, delivery fees, and surcharges.

Once you complete checkout, your price is guaranteed unless you placed an order for a product where we have inadvertently listed an incorrect price. You herewith agree to pay at the time of order the then current applicable price and/ or service fee per product and any applicable taxes, delivery fees, and surcharges as listed on the website.

For international deliveries you are responsible for any local or national import duties, fees and other charges.

If delivery took place before payment, you shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Hexapi Honey may incur in its efforts to collect any unpaid balances from you.

If you fail to pay any charges and/ or fees when due, including but not limited to returned checks, rejected electronic payments, re-delivery fees or re-stocking fees Hexapi Honey reserves the right to immediately terminate the applicable service.

 

Order of Alcoholic Beverages

You may not order any alcoholic beverages unless you are at least the age of majority in the jurisdiction of residence. Furthermore, you may not purchase alcoholic beverages for anyone who is under the age of majority in the jurisdiction of residence. The person receiving delivery must present identification and proof of age at the time of delivery and may be required to sign an acknowledgment to release the order to receive alcoholic beverages.

Note that the sale and delivery of alcoholic beverages may only be available in certain service areas due to legal restrictions. Alcoholic beverages may be removed from your cart during the checkout process if your service area is not eligible for delivery of alcoholic beverages.

Hexapi reserves the right not to deliver alcoholic beverages to certain buildings.

Hexapi reserves the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders in its sole discretion.

 

Order of Third-Party Merchants

Hexapi`s Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by us. In such instances, Hexapi Honey acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the products, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses.

Hexapi makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Hexapi Honey makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

 

Payment

Payment for all products and services must be made by credit card, PayPal, AliPay or any other stated payment method on the appropriate country website.

Hexapi will not process an order that attempts to use an incorrect, expired, or over the limit credit card. We will make reasonable efforts to contact you if this occurs. However, in the event such an order is processed.

Hexapi may charge a fee of HKD 200.00 per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Hexapi Honey may charge such amount directly to the credit card identified in your customer account and may suspend or terminate your access to Hexapi`s website.

You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Hexapi Honey may incur in its efforts to collect any unpaid balances from you. Your right to use our service is subject to limits established by Hexapi Honey and/ or by your bank.

Hexapi Honey reserves the right to change the payment methods we accept at any time.

 

Delivery

To receive delivery, you must live in a residential apartment or home or provide a commercial office address where you or an authorized representative must be present to receive your order from our or contracted delivery personnel. The authorized representative can accept your goods when you are not present at the time and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself.

Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman, and your authorized representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery. A redelivery fee may apply.

Hexapi does not deliver in non-elevator buildings above ground floor. In the event of a non-functioning elevator, rendering us unable to make the delivery it is your sole responsibility to obtain the products on the ground level floor.

If you do not receive your order on your scheduled delivery day or you receive produce that is damaged or missing, please contact us within 3 days. If you do not contact us within 3 days of your scheduled delivery, we may not be able to provide a refund/ replacement to you.

Delivery drivers are not responsible for relaying messages back to the office and not supposed to pick up cheques.

Hexapi Honey will not make a delivery if you have an unpaid bill with us.

 

Unforeseen Delivery Complications

In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to Hexapi`s delivery schedule which will cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will attempt to deliver your order as quickly as possible when the conditions permit.

If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/ or date to make the delivery.

 

Disclaimer of Warranties and Limitation of Liability

Hexapi does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

Hexapi Honey does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

Replacement Policy

It is the receiver's responsibility to check the condition of any products received, at the time of delivery.

Unless otherwise agreed by Hexapi in its absolute discretion, all products are sold on a no return basis, unless, subject to this clause, the products are received in a damaged state. Hexapi Honey will replace any such damaged or faulty product for new ones provided that they are unused and in their original packaging and in new condition.

Claims must be made within three (3) days of receipt or collection of the products by emailing info@hexapi.com. A copy of a valid original receipt e-mail and the delivery slip from which the products were supplied must be presented, failing which any such claims are deemed to be waived.

Gift or Cash Vouchers are not refundable.

All risks in the products shall pass to the customer upon delivery but Hexapi shall retain title in the products until full payment has been received.

Hexapi Honey reserves the right to final decision in case of any disputes.

 

Referrals

Hexapi referral program may provide you with a Sweet Code to be given to your friends. You may not post the Sweet Code online or on any website or social media, including without limitation any daily deal or coupon sites. You may not use the Sweet Code for yourself or any other member of your household.

You may only send or disclose Sweet Code to a real person who you know. When that person becomes a new valid member and signs up for our service and places their first order using a valid Sweet Code given to them by us, you will receive a Honey Bonus for your next order at Hexapi Honey. The bonus has no value unless used for a purchase of products from our website and it cannot be used towards gift vouchers or certificates.

In connection with these and other promotions, which may change from time to time, any person that receives Honey Bonuses or Sweet Codes, prizes or other benefits by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any Honey Bonus or Sweet Code, prizes or benefits obtained through such means, and may be liable for civil and/ or criminal penalties under applicable law.

We reserve the right to void Honey Bonuses or Sweet Codes earned if we suspect that they were earned in a fraudulent manner, in a manner that violates this Terms of Service, or in a manner otherwise not intended by Hexapi.

You must not conduct your own promotion in connection with our Honey Bonuses or Sweet Codes program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Hexapi Honey, including by using any of our trademarks. The Honey Bonuses or Sweet Codes are void where prohibited by law.

Honey Bonuses or Sweet Codes have no cash value, are promotional in nature and not transferable to other accounts and as such do not constitute property and you do not have a vested property right or interest in the bonuses or Sweet Codes. Honey Bonuses or Sweet Codes expire six months after the date of issuance. We reserve the right at any time with our discretion, and without prior notice, to discontinue the Honey Bonus or Sweet Codes programs or to add or change the program rules, terms or conditions, including changing expiration periods or Honey Bonus or Sweet Codes values for existing or future Honey Bonuses or Sweet Codes.

Should there be any tax liability for the accumulation and/ or use of Honey Bonuses or Sweet Codes, such taxes are solely your responsibility. If you are found to have abused these referral terms, any Honey Bonuses or Sweet Codes may be removed from your account and you will be billed for any ill-obtained credits that have been used to purchase goods from Hexapi Honey.

 

Account Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

Your sole and exclusive right and remedy against us in the case of dissatisfaction with the services or any other grievance shall be your termination and discontinuation of access to or use of the services or by notifying us that you no longer wish to use our services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/ or accordingly may deny you access to our services or any part thereof.

 

Force Majeure

Hexapi shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.

 

Indemnity

You agree to indemnify, defend and hold Hexapi (Hong Kong) Company Limited, its subsidiaries and affiliates, and each of their officers, directors, employees, shareholders, contractors, partners, agents, and attorneys harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or in connection with (i) your use of and access to the website and the products and services purchased through the website, (ii) your violation of any term of these Terms of Service, (iii) your violation of any third-party right, or (iv) any claim that your user content caused damage to a third-party. Your defense and indemnification obligation will survive these Terms of Service and your use of the website.

 

Amendment

Hexapi may amend this Terms of Services at any time by posting the amended terms on our website. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our website for orders already placed. By using this website after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Service to which you are bound.

 

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, the People's Republic of China and the customer and Hexapi Honey agree to submit to the exclusive jurisdiction of the Hong Kong courts.

Hexapi Honey may revise these terms and conditions at any time without prior notice. If any dispute arises, Hexapi's determination shall be final. 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.

 

Terms of Service were last revised March 2019.