Terms and Conditions
FOR ORDERS BELOW HK$2,000, THE CUSTOMER WILL INCUR THE FULL COST OF DELIVERY.
LALAMOVE (DELIVERY SERVICE) WILL REQUEST CASH PAYMENT FOR IT’S SERVICES FROM THE CUSTOMER UPON DELIVERY. THIS FEE RANGES FROM $100 TO $250 DEPENDING ON YOUR LOCATION FROM KWUN TONG.
FOR ORDERS ABOVE HK$2,000, THE DELIVERY COST OF THE GOODS WILL BE FREE OF CHARGE COURTESY OF THE FAT OYSTER.
FOR ORDERS CONFIRMED BEFORE 11:00 AM, THE FAT OYSTER WILL ENDEAVOUR TO DELIVER ON THE SAME DAY. THE FAT OYSTER RESERVES THE RIGHT TO ADJUST THE DATE AND TIME OF THE DELIVERY DEPENDING ON THE AVAILABILITY OF THE GOODS. THE FAT OYSTER WILL CONTACT YOU ASAP IF THERE IS ANY DISCREPANCY IN THE ORDER.
PUBLIC HOLIDAY DELIVERIES ARE AVAILABLE NO DELIVERIES ON TUESDAYS AS THE SHOP IS CLOSED.
IF YOU ARE A REGISTERED PAYPAL USER YOU CAN PAY ONLINE USING YOUR CREDIT CARD. YOU CAN ALSO TRY USING PAYPAL AS A GUEST HOWEVER THE SUCCESS RATE IS LOW DUE TO THE GLOBAL CRACKDOWN ON CREDIT CARD FRAUD.
YOU CAN ALSO PAY BY BANK TRANSFER TO OUR HSBC SAVING ACCOUNT 456-271709-833 PRIOR TO DELIVERY.
IF YOU ARE COLLECTING YOUR ORDER FROM OUR KWUN TONG STORE YOU CAN ALSO PAY BY CASH.
IF YOU HAVE ANY QUERIES ABOUT YOUR ORDER BEFORE OR AFTER PAYMENT YOU CAN CALL US AT 2110-9148 OR WHAT’S APP US ON 6888-4188.
N.B. ORDERS WILL ONLY BE PROCESSED ONCE FULL PAYMENT HAS BEEN RECEIVED.
TERMS & CONDITIONS
The Fat Oyster owns and operates this Website. This document governs your relationship with the The Fat Oyster website. Access to and use of this Website and the products and services available through this Website (collectively, the”Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Athena APAC Limited will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of The Fat Oyster and are protected by copyright laws and treaties around the world. All such rights are reserved by The Fat Oyster. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from delivery delays or force majeure for which we will not be responsible.
In order to contract with The Fat Oyster, you must be over 18 years of age. We retain the right to refuse any request made by you. If your order is accepted, we will inform you by email. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs may be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law The Fat Oyster and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect The Fat Oyster’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with The Fat Oyster and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.thefatoyster.com.
You agree to indemnify, defend and hold harmless The Fat Oyster, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.thefatoyster.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the owner of The Fat Oyster.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
•Topersonalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
•Toquickly process your transactions.
•Tosend periodic emails regarding your order or other products and services.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via SecureSocket Layer (SSL) technology.
We implement a variety of security measures when a user places an order to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use’cookies’?
However, you can still place orders.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.
We do not include or offer third-party products or services on our website.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google Adsense advertising on our website.
We have implemented the following:
•Demographicsand Interests Reporting
We along with third-party vendors, such as Google use first-party cookies (such as theGoogle Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google ad settings page. Alternatively, you can opt-out by visiting the network advertising initiative opt-out page or permanently using the Google AnalyticsOpt Out Browser add on.
California Online PrivacyProtection Act
See more at:
According to CalOPPA, we agree to the following:
Users are able to change their personal information:
•By logging into their account
How does our site handle do not track signals?
We honour do not track signals and do not track plant cookies, or use advertising when aDo Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioural tracking?
It’s also important to note that we do not allow third-party behavioural tracking
COPPA (Children OnlinePrivacy Protection Act)
When it comes to the collection of personal information from children under 13, the children’s Online Privacy Protection Act (COPPA) puts parents in control. the Federal Trade Commission, the nation’s consumer protection agency, enforces the coppa Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair InformationPractices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of ofdata protection laws around the globe. Understanding the Fair Information PracticePrinciples and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with fair Information Practices we will take the following responsive action, shoulda data breach occur:
We will notify the users via email
•Within1 business day
We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
•Sendinformation, respond to inquiries, and/or other requests or questions.
•Processorders and to send information and updates pertaining to orders.
•Wemay also send you additional information related to your product and/or service.
•Marketto our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM we agree to the following:
•NOTuse false or misleading subjects or email addresses.
•Identifythe message as an advertisement in some reasonable way.
•Includethe physical address of our business or site headquarters.
•Monitorthird-party email marketing services for compliance, if one is used.
•Honoropt-out/unsubscribe requests quickly.
•Allowusers to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at email@example.com.
Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
The Fat Oyster
4/F, Camelpaint Building Block 3,
60 Hoi Yuen Road,