1. Acceptance of These Terms
These Terms of Service govern your access to and use of the website at https://www.heifaai.mom and any trading, consultancy, coordination or advisory service that Hei Faai Limited provides to you. By browsing the website, by sending an enquiry, by accepting a quotation or by instructing the house to act for you, you agree to be bound by these Terms. If you do not agree with any part of them, you should not use the website or engage our services.
These Terms form the general framework of our relationship. A specific engagement may be governed by a separate written contract, quotation or confirmation that the house signs with you. Where such a document exists and conflicts with these Terms, the signed document prevails for that engagement, and these Terms continue to govern everything that the signed document does not address.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions stay in force, and the invalid provision is replaced by a valid provision that comes closest to the original commercial intent.
2. Description of Our Services
Hei Faai Limited is a heritage trading house based in To Kwa Wan, Hong Kong. The house provides product trading and distribution, supplier coordination, market entry advisory, brand representation, logistics coordination and quality assurance services. Through these services we help clients source goods, reach new markets, represent brands with care and move consignments across borders in an orderly and predictable way.
The pages of this website describe our services in general terms for information purposes. They do not constitute an offer capable of acceptance, a commitment to accept any client, or professional advice on the law, taxation or regulation of any market. Commercial commitments arise only through the written quotation and confirmation process described in sections 5 and 6.
We may modify, suspend or withdraw any part of the website or any generally described service at any time in order to improve the offering or to comply with legal requirements. Where a change affects an active engagement, we will discuss it with you under the communication practices of that engagement.
3. Eligibility and Authority
To engage our services you must be at least eighteen years of age and must have the legal capacity to enter into binding contracts under the law that governs you. Where you engage the house on behalf of a company or another organisation, you confirm that you are duly authorised to bind that organisation and that these Terms and any signed engagement documents are enforceable against it.
You also confirm that the engagement of our services, and the goods and transactions connected with it, are lawful in every jurisdiction that applies to the transaction. The house does not accept instructions that would require us to breach sanctions, export controls, customs law or any other legal requirement of Hong Kong or of the markets involved in the engagement.
We may ask for reasonable evidence of identity, authority and good standing before accepting an instruction, particularly for first engagements, high-value transactions or shipments to markets that carry elevated compliance risk. Refusing an instruction on lawful compliance grounds is not a breach of these Terms.
4. Nature of Engagements
Each engagement begins with a conversation and a written brief. The house then issues a written proposal or quotation that sets out the scope, the deliverables, the timeline, the price and the assumptions on which the price depends. An engagement exists between you and the house only when the house confirms the engagement in writing, whether by email or by signed document, after receiving your acceptance of the proposal or your purchase order.
Unless the signed document states otherwise, the house acts as an independent contractor and not as your employee, partner, joint venturer or agent with authority to bind you. Within the scope of a coordination engagement, the house may contract with suppliers, forwarders and inspectors in its own name, and the commercial terms of those subcontracts follow the allocation of costs stated in the quotation.
Each engagement is separate from every other engagement. Settling one invoice does not entitle you to set off amounts you claim from a different engagement, and the house may suspend work across engagements where payment obligations remain seriously and demonstrably outstanding, after notice and a reasonable cure period.
5. Quotes and Proposals
A quotation issued by the house is valid for the period stated in it, which is normally thirty days from the date of issue, unless the quotation states a different period or is withdrawn earlier. After that period, prices must be reconfirmed because the cost of goods, freight and insurance moves with the market.
Every quotation is based on the specifications, quantities, target dates and destination details that you provide. If any of those inputs change, the quotation must be reissued, and the price and timeline may change with it. Quotations are conditional on the availability of the goods and materials at the time of confirmation and on the continued accuracy of the assumptions stated in the document.
A quotation, a proposal and any sample or specification document that accompanies them remain the property of Hei Faai Limited. They are provided to you for evaluation of the proposed engagement only, and they may not be shared with competing intermediaries or used to obtain identical offers elsewhere.
6. Orders and Confirmation
When you wish to proceed, you issue a purchase order or a written acceptance of the quotation. The engagement is formed when the house issues its written confirmation. The confirmation identifies the goods or services, the agreed price and currency, the payment terms, the delivery terms and the documents that will accompany the shipment or the work.
You should review the confirmation carefully and raise any discrepancy within three business days of receipt, because the confirmation governs the engagement. After that period, the confirmation is treated as agreed, although genuine clerical errors may still be corrected in writing by mutual confirmation.
Changes to a confirmed engagement, including changes of specification, quantity, destination or schedule, are valid only when recorded in a written amendment signed or confirmed by both parties. Where a change increases cost or delay, the amendment records the adjustment; where a change is impossible within law or practicality, the house will explain the constraint and propose an alternative.
7. Pricing, Invoices and Payment
Prices are stated in the currency of the quotation, which is normally Hong Kong dollars or United States dollars, and are exclusive of taxes, duties, freight, insurance and other third-party charges unless the quotation expressly includes them. Taxes and duties assessed in the destination market are the responsibility of the party stated in the confirmation, which is normally the importer of record.
Invoices are payable within the period stated on the invoice, which is normally thirty days from the date of invoice unless a different term is agreed. For first engagements, for custom production and for goods held against a specific order, the house may require a deposit or payment against documents, and the quotation will state this requirement clearly.
Amounts that remain unpaid after their due date may accrue interest at the rate stated in the invoice or, failing that, at a rate of one percent per month on the outstanding balance, and the house may suspend deliveries and services for the affected engagement until the account is settled. You may not withhold payment of undisputed amounts because of a dispute about a separate matter. Where you dispute an invoice in good faith, notify the house in writing within fourteen days of receipt so that the question can be examined and settled fairly.
8. Client Obligations
An orderly trade depends on both parties. As the client, you agree to provide accurate and complete information for the brief, the specification and the destination formalities; to give timely decisions on samples, artwork, packaging and schedules when the house requests them; and to nominate a decision maker who can speak for your organisation so that the engagement does not stall.
You agree to obtain, at your cost, any import licence, product approval, registration or market permission required to bring the goods into the destination market, unless the confirmation expressly assigns that task to the house. You also agree to comply with the laws that apply to your use of the goods after delivery, including labelling, safety and consumer protection rules of the destination market.
Materials that you supply, including artwork, trademarks, technical documents and product data, must be lawfully yours to use. The house relies on your assurances in this respect, and section 16 explains the indemnity that supports this allocation of responsibility.
9. Suppliers and Third-Party Partners
Goods coordinated by the house are produced and supplied by manufacturers and trading partners whose terms apply to the production relationship. Where the house contracts in its own name for the supply of goods to you, the house remains your counterparty for the engagement and is responsible towards you for the performance of that supply, whatever the house agrees with its own suppliers.
Where the confirmation describes the house as a coordinator acting on your instructions, the contracts with suppliers and logistics providers are made according to your instructions and are for your account, and the house acts with your authority in managing them but does not assume the obligations of those third parties. The scope of our responsibility in each case is stated in the confirmation precisely so that no party is surprised later.
The house selects suppliers with care, maintains quality controls described in section 11 and records the performance of each partner. Nevertheless, production conditions, raw material markets and freight capacity can change without warning. When they do, the house will inform you promptly, present options and follow your decision.
10. Delivery, Logistics and Risk
Delivery dates and lead times stated by the house are estimates given in good faith, based on production capacity and carrier schedules at the time of quotation. The house works to keep them, and the fulfilment record of the house shows that it usually does, but dates are not guaranteed unless the confirmation expressly states that time is of the essence for a particular milestone.
Delivery terms follow the trade term agreed in the confirmation, expressed by reference to the internationally recognised rules for the interpretation of trade terms current at the date of the confirmation. Risk in the goods passes in accordance with the agreed trade term. Title in the goods passes when payment for them has been received in full, unless the confirmation states a different rule.
Partial deliveries are permitted where reasonable, for example where part of an order is ready and storage at the factory would risk quality, provided that freight economics are not harmed and that you are informed in advance. You must examine shipments on arrival and notify the house of visible damage or shortage within the periods set out in section 11.
11. Inspection and Quality Assurance
Quality is protected before shipment, not only after it. For each production engagement the house proposes an inspection plan proportionate to the value and nature of the goods: approval of a pre-production sample, inspection during production where warranted, and a final pre-shipment inspection against the approved specification covering quantity, workmanship, packaging and markings.
You must inspect the goods promptly on arrival and must notify the house in writing of any defect, damage, shortage or non-conformity within fourteen days of arrival at the agreed destination, or within a shorter period if the carrier terms require an earlier notice to preserve rights against the carrier. The notice should describe the issue, refer to the confirmation and, where possible, include photographs.
Where a valid non-conformity is established, the remedies available are, at the option of the house and depending on the nature of the issue: repair or replacement of the affected goods, a reduction of the price, or a refund of the price paid for the affected goods. These remedies are the exclusive remedies for non-conformity, subject to any mandatory rights that the law grants to consumers, which these Terms do not exclude.
12. Intellectual Property
The website, its text, its design and the materials published on it are the property of Hei Faai Limited or are used with permission. You may read the website, print a copy for your own business reference and quote short extracts with attribution. You may not reproduce the site or its content for a competing commercial purpose, resell access to it, or present the house and its marks as your own.
The name Hei Faai, the house wordmark and the trade dress of the brand remain the property of the company. Rights in the trademarks of suppliers, brands and manufacturers mentioned on the site belong to their respective owners, and no licence of any kind is granted by mentioning them.
In an engagement, the intellectual property in materials that you supply remains yours, and the intellectual property in the methods, templates, supplier relationships and know-how of the house remains ours. Where the engagement produces deliverables created specifically for you and paid for in full, the house assigns to you the intellectual property in those deliverables on receipt of full payment, unless the confirmation provides otherwise. The house retains the right to reuse its own underlying tools and know-how.
13. Confidentiality
Each party will keep the confidential information of the other party secret and will use it only for the purpose of the engagement. Confidential information includes prices, specifications, supplier identities, customer lists, business plans and any document marked as confidential or that a reasonable business person would understand to be confidential in the context of trade.
The duty does not apply to information that is or becomes public through no breach, that the receiving party can show was already known lawfully before disclosure, that is received in good faith from a third party free of any duty of confidence, or that must be disclosed by law or by a court, provided that the receiving party gives reasonable advance notice where permitted.
The duty of confidence continues for five years after the end of the engagement to which it relates, and it continues indefinitely for information that constitutes a trade secret. Each party is responsible for breaches of confidence by its own staff and advisers, who are bound to no lesser duties.
14. Representations and Warranties
The house warrants that it will perform each engagement with reasonable care and skill, by suitably experienced personnel, in accordance with the confirmation and with the general standards of a careful trading house in Hong Kong. The house further warrants that it holds the registrations and licences needed to conduct its own business in Hong Kong.
Except as expressly stated in these Terms or in the confirmation, and except for the rights that mandatory law grants and does not allow to be excluded, all conditions, warranties and terms implied by statute, common law or trade usage are excluded to the fullest extent permitted by law. The website and its general content are provided for information without warranty of any particular outcome, and figures such as the fulfilment rate are historical aggregates rather than promises for future engagements.
You represent and warrant that the information and materials you provide are accurate, that you are authorised to engage the house and to use the materials, and that the transaction and its end use comply with all laws that apply to you.
15. Limitation of Liability
Neither party is liable to the other for indirect or consequential loss, for loss of profit, for loss of anticipated business, for loss of goodwill or for pure economic loss arising out of or in connection with an engagement or the use of the website, whether in contract, tort, statute or otherwise, except where such loss cannot be excluded by law.
The total liability of the house to you for any claim arising out of or in connection with an engagement is limited to the amount of the fees actually paid by you to the house for that engagement in the twelve months before the event giving rise to the claim. For claims connected to the website itself and not to any engagement, that limit is the nominal sum of one hundred Hong Kong dollars, because the website is informational and no fee is charged for browsing it.
These limits do not apply to liability for death or personal injury caused by negligence, to liability for fraud or fraudulent misrepresentation, or to any liability that cannot lawfully be limited. The allocation of risk in this section is a fundamental part of the commercial bargain, and the pricing in every quotation assumes that it applies.
16. Indemnification
You agree to indemnify the house and its personnel against claims, losses, penalties and reasonable costs arising from: the materials, marks and product data that you supply; the end use or resale of the goods after delivery to you; your breach of these Terms or of the confirmation; and any failure of the transaction to comply with laws that apply to you, including import and market rules of the destination jurisdiction.
The house agrees to indemnify you against claims, losses and reasonable costs arising from the negligence of the house, from its breach of these Terms, or from its infringement of rights that belong to a third party, in each case to the extent set out in section 15.
A party seeking an indemnity must notify the other promptly, must allow the other a reasonable opportunity to participate in the defence and must not settle a claim in a manner that imposes an unapproved obligation on the indemnifying party. The parties will cooperate reasonably to mitigate any loss.
17. Term, Suspension and Termination
These Terms apply for as long as you use the website or hold an active engagement with the house. An engagement ends when both parties have performed their obligations, including payment, or when it is terminated in accordance with the confirmation or this section.
Either party may terminate an engagement by written notice if the other party commits a material breach and fails to remedy it within fourteen days of a written notice describing the breach, or if the other party becomes insolvent, enters liquidation or ceases to carry on business. The house may suspend work under an engagement where payment is seriously overdue after notice and a reasonable cure period, or where continued performance would require a breach of law.
On termination, you must pay for services performed and goods completed up to the effective date, and the house must deliver to you the work product and documents for which you have paid. Provisions that are meant to survive, including confidentiality, intellectual property, liability, indemnity and governing law, continue after termination.
18. Governing Law and Dispute Resolution
These Terms and every engagement confirmed under them are governed by the laws of Hong Kong, without regard to conflict of law rules that would apply the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to engagements governed by these Terms.
The parties agree to attempt in good faith to resolve any dispute through direct discussion at senior level within thirty days of a written notice of dispute. Most disagreements in trade arise from imperfect information, and a candid conversation at the counter resolves the great majority of them.
If the dispute is not resolved by negotiation, the courts of Hong Kong have exclusive jurisdiction to hear and determine it, and each party submits to that jurisdiction and to the venue of the courts of Hong Kong. Nothing in this section prevents either party from seeking urgent interim relief from a competent court where that is necessary to protect property, evidence or rights.
19. Changes to These Terms
The house may revise these Terms from time to time. The current version is published on this page, and the date at the top of the page shows when it last changed. Revisions take effect on publication and apply to enquiries and engagements begun after that date; engagements already confirmed continue under the version of the Terms that applied when they were confirmed, except where a signed document provides otherwise.
Where a revision affects an active engagement in a way that requires your agreement under the confirmation or under applicable law, the house will seek your express agreement rather than relying on publication alone. Using the website after a revision takes effect means that you accept the current version for future dealings.
It is your responsibility to review this page periodically. The date of the last revision is displayed clearly so that you can tell at a glance whether the Terms have changed since your last visit.
20. Contact Information
Notices and questions under these Terms should be sent in writing to Hei Faai Limited, Rm G06 SKY TWR, 38 SUNG WONG TOI RD, To Kwa Wan, Hong Kong (HK), or by email to service@heifaai.mom, or by telephone to +18459167502 during office hours, which are Monday to Friday from 9:00 to 18:00 Hong Kong Time, with Saturday meetings available by appointment.
Notices are effective when delivered to the office address during business hours, when sent by email without a delivery failure notice within one business day, or when handed to a courier that provides proof of delivery. The house will acknowledge substantive notices within two business days and will direct them to the person responsible for the matter.
We thank you for reading these Terms in full. Clear terms are the foundation of a calm trade, and the house is glad to answer any question about them before an engagement begins rather than after.