These terms govern the use of this website and the trading, sourcing and export services provided by Flourish International Trading Company, Limited.
By accessing this website or engaging Flourish International Trading Company, Limited for any service, you agree to be bound by these Terms of Service. If you do not accept these terms, please do not use the website and do not place an order with us.
These terms apply together with any written quotation, purchase confirmation or contract we issue. Where a signed contract conflicts with these terms, the signed contract prevails for the matters it expressly covers.
In these terms, the words below carry the following meanings. The Company means Flourish International Trading Company, Limited. The Client means the person or business engaging the Company. Services means the trading, sourcing, qualification, freight coordination, documentation, private label and advisory work described on this website. Goods means the products sourced, produced, packed or shipped under an engagement.
The Client represents that it has the legal capacity and authority to enter into a binding agreement and that the person placing an order is authorised to do so. The Client further represents that it is not subject to trade sanctions that would make an engagement unlawful.
The Company may decline an engagement where it cannot lawfully perform, where the requested goods are restricted, or where performing would create an unacceptable compliance or reputational risk.
The Company provides export sourcing and procurement, vendor qualification programmes, freight forwarding coordination, customs documentation support, private label manufacturing and market entry advisory. Each engagement is defined by a written brief and a quotation.
Unless expressly stated in writing, the Company acts as an independent trading and coordination party and not as the agent of the Client for any purpose beyond the tasks set out in the engagement. The Company may appoint subcontractors where this is necessary to perform the Services.
Quotations are valid for the period stated and are based on the specification, volume and assumptions recorded in the brief. Prices may be adjusted where raw material costs, freight rates, currency movements, duties or taxes change materially before an order is confirmed.
Where a quotation does not specify a validity period, it remains open for fourteen days from issue. All prices are exclusive of duties, taxes and any charges levied by a border authority unless the quotation states otherwise.
An order is only accepted when the Company issues a written purchase confirmation. The Client is responsible for reviewing that confirmation and notifying the Company of any discrepancy within one working day of receipt.
Once confirmed, the specification is treated as fixed. Any change requested by the Client after confirmation is subject to feasibility review and may affect price, lead time or both. Changes are only effective when confirmed in writing by the Company.
Payment terms are stated in the quotation or purchase confirmation. Where no other terms are agreed, the Company may require a deposit before production begins and settlement before release of the shipping documents.
The Client is responsible for all bank charges associated with its own transfer. Late payment may result in suspension of work, withholding of documents or recovery action. Interest may be charged on overdue amounts where permitted by law.
The Client must provide accurate specifications, timely approvals, complete consignee details and any licence or permit required for import. The Client must also satisfy itself that the goods are lawful in the destination market and suitable for the intended use.
Delays caused by incomplete instructions, late approval of artwork or failure to supply a required document are the responsibility of the Client, and any resulting extra cost may be passed on.
The Company qualifies vendors through a structured audit and re-scores them periodically. Qualification reflects the position at the time of the review and does not guarantee future performance by a vendor.
The Company will use reasonable skill and care in selecting vendors, but it does not manufacture the Goods unless the engagement expressly states that it does. Where a manufacturing defect arises, the Company will assist the Client in pursuing a remedy against the responsible party.
Shipping terms are stated in the quotation or purchase confirmation. Unless otherwise agreed, risk passes in accordance with the agreed delivery term, whether that is a named port, a named place or another recognised term.
The Company will coordinate the movement with reasonable care, but it is not liable for a delay caused by a carrier, a port, a customs authority, weather or any other event outside its reasonable control. The Client is responsible for insuring the Goods unless the Company agrees in writing to arrange cover.
The Client must provide truthful and complete information for customs purposes. The Company prepares documentation against the destination rulebook based on the information supplied, and the Client remains responsible for the accuracy of that information.
The Company will not knowingly participate in misdeclaration, undervaluation or any other unlawful practice. Where the Company becomes aware of a compliance concern, it may suspend the engagement until the matter is resolved.
Title to the Goods passes to the Client only when the Company has received payment in full, unless the parties agree otherwise in writing. Until title passes, the Client holds the Goods as bailee of the Company and must store them so that they remain identifiable.
Where payment is overdue, the Company may require the return of the Goods and may enter any premises where they are stored, to the extent permitted by law, in order to recover them.
The Client should inspect the Goods promptly on receipt and notify the Company in writing of any shortage, damage or non-conformity within the period stated in the confirmation, or within seven days where no period is stated.
A claim must include the order reference, a description of the issue and supporting evidence such as photographs or an inspection report. Claims made after the notice period may be declined where a prompt notification was essential to investigate or to pursue a remedy.
Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control. Such events include natural disaster, war, civil unrest, epidemic, government action, port closure, carrier failure, industrial action and widespread utility or network outage.
The affected party must notify the other promptly and use reasonable efforts to resume performance. If the event continues for an extended period, either party may terminate the affected part of the engagement without liability for the unperformed part.
To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special or consequential loss, including loss of profit, loss of business or loss of goodwill, however arising. The Company is not liable for loss caused by information supplied by the Client or by a third party outside the Company control.
Where liability is not excluded, the total liability of the Company arising from an engagement is limited to the value of the Services supplied under that engagement. Nothing in these terms limits liability that cannot lawfully be limited.
The Client indemnifies the Company against any claim, loss, duty, penalty or expense arising from inaccurate information supplied by the Client, from the unlawful import or use of the Goods, or from any breach of these terms by the Client.
This indemnity does not apply to the extent that the loss was caused by the negligence or wilful misconduct of the Company. The Company will notify the Client of a claim and will take reasonable steps to mitigate the loss.
Each party will keep confidential the commercial, technical and pricing information of the other that is disclosed during an engagement, and will use it only for the purpose of performing or receiving the Services.
This duty does not apply to information that is already public, that is independently developed, or that must be disclosed to a carrier, authority or professional adviser in order to perform the engagement or to comply with the law.
All content on this website, including text, layout and design elements, is owned by the Company or used with permission and may not be copied or republished without written consent.
Artwork, packaging designs and brand assets supplied by the Client for private label work remain the property of the Client. The Client grants the Company a limited licence to use those assets solely to perform the engagement, and that licence ends when the engagement ends.
Either party may terminate an engagement for material breach that is not remedied within a reasonable period after written notice. The Company may suspend or terminate immediately where continuing would breach a legal duty or a compliance obligation.
On termination, the Client pays for Services performed and for commitments reasonably incurred up to the date of termination. Clauses that by their nature should survive, such as confidentiality, liability and governing law, continue to apply.
These terms are governed by the laws of the Hong Kong Special Administrative Region. The parties submit to the exclusive jurisdiction of the courts of Hong Kong, save that either party may seek relief in any court of competent jurisdiction to protect its property or confidential information.
Before commencing formal proceedings, the parties will attempt in good faith to resolve a dispute through discussion between senior representatives. If the dispute is not resolved within a reasonable period, either party may proceed in accordance with this section.
The Company may update these terms from time to time to reflect changes in its services, its operations or the law. The reviewed date appears near the start of this document. Continued use of the website or engagement of the Services after an update means the Client accepts the revised terms.
Where an engagement is already in progress, the terms in force when the order was confirmed continue to govern that engagement unless the parties agree otherwise in writing.
Questions about these terms may be sent to the address below. We respond to contractual enquiries during Hong Kong business hours.
Flourish International Trading Company, Limited
Rm 2604 26/F AIA KOWLOON TWR LANDMARK EAST, 100 HOW MING ST, Kowloon Tong, Hong Kong (HK)
Email: appointments@flourishtrade.buzz
Phone: +13075548287
Thank you for reading these Terms of Service. We look forward to working with you on a clear, documented and well coordinated engagement.
You may read, download and print pages from this website for your own business purposes. You must not attempt to interfere with the site, gain unauthorised access to any part of it, or use automated tools to scrape content at a volume that degrades service for others.
You must not republish our content as your own, remove any ownership notice, or use our name and address in a way that suggests an endorsement you have not been given. Requests for permission to reproduce material should be sent to the address at the end of these terms.
The Company may delegate part of an engagement to a subcontractor, such as a freight forwarder, an inspection agent or a customs broker, where this is necessary to perform the Services. The Company remains responsible for selecting a subcontractor with reasonable care and for giving the subcontractor the information needed to perform its task.
Where a Client requires a specific subcontractor to be used or avoided, that requirement must be stated in the brief. The Company will confirm whether it can meet the requirement before the order is accepted, so that there is no misunderstanding later in the engagement.
Unless the confirmation expressly states otherwise, the Client is responsible for arranging marine cargo insurance and any other cover it considers necessary for the Goods. The Company can provide the information needed to place cover, such as the value, the route and the packing details, but it does not act as an insurer.
Where the Company agrees in writing to arrange cover, it does so as a convenience and within the limits of the policy actually placed. The Client should read the policy and confirm that the cover matches the risk, because a shipment that is under-insured remains the commercial responsibility of the Client.
A notice under these terms must be in writing and sent to the registered address or the email address of the receiving party. A notice is treated as received on the next working day after it is sent by email, and within three working days after it is sent by post.
If a party changes its address or its primary contact for an engagement, it must tell the other party promptly. Until that notice is received, the last address given remains valid for the purpose of serving a notice under these terms.
The Client may not assign or transfer an engagement without the written consent of the Company, which will not be unreasonably withheld. The Company may assign its rights and obligations to an affiliate or to a successor in a reorganisation, provided that the assignment does not reduce the protection available to the Client under these terms.
A person who is not a party to an engagement has no right to enforce any of these terms. Any subcontractor, carrier or adviser acts under its own contract with the Company and does not acquire rights against the Client by reason of these terms alone.
Where an engagement is transferred lawfully, the new party takes over both the rights and the obligations that remain at the date of transfer. Outstanding payment, retention of records and confidentiality continue as if no transfer had taken place.
The Company keeps records of quotations, confirmations, vendor scores, shipping documents and correspondence for each engagement. These records support the service, answer a customs or tax query, and allow a dispute to be examined against what was actually agreed.
A Client may ask for a copy of the records that relate to its own engagement. The Company will provide a copy where doing so does not disclose confidential information belonging to another party and does not conflict with a legal duty. Any request should identify the engagement and the period concerned so that the correct file can be retrieved.
Records are retained in line with the retention rules described in the Privacy Policy. When a record is no longer required, it is deleted or anonymised so that it can no longer be tied to an individual.
These terms are drafted in English, and the English version governs the relationship between the parties. Where an engagement is documented in more than one language, the English text prevails if there is a conflict, unless the signed contract expressly states otherwise.
Headings are used for convenience and do not affect the meaning of a provision. Words in the singular include the plural where the context requires it, and a reference to a person includes a company or other legal entity where the context allows.
A reference to a law includes that law as it may be amended or replaced, and a reference to an authority includes a body that succeeds to its functions. If a currency is stated in a quotation, payment is made in that currency unless the parties agree otherwise in writing.