This site (http://www.hapi-fish.com) ("this Site" or "#HAPi online store") has been especially designed by #HAPi for Customers using its online shopping services. This Site is owned and operated by Toby World Limited trading as #HAPi Fish ("#HAPi", "we", "us" and "our").
If you wish to use the #HAPi online shopping services or browse the #HAPi online store or otherwise use this Site, please read these Terms and Conditions carefully before using this Site. By accessing, browsing or using this Site or any part of it, you agree that you have read these Terms and Conditions and that you accept and agree to be bound by them.
1 GENERAL
1 GENERAL
1.1 In these Terms and Conditions, the following definitions shall apply:
(a) "Click and Collect" means collection of Product(s) at a selected #HAPi physical store after placing an order via this Site.
(b) "Customer" means any person who accesses and uses this Site, and places an order with us including (without limitation) you.
(c) "Legal Notice and Disclaimer" means the legal notice and disclaimer applicable to this Site and all matters and services related thereto, a copy of which is accessible via here.
(d) "Privacy Policy" means #HAPi' policy and practices regarding the collection, use, retention, transfer and access of personal data collected in connection with this Site, a copy of which is accessible via here.
(f) "Price" means the applicable price of a Product as at the time of actual transaction denominated in Hong Kong dollars.
(g) "Product(s)" means any and all products offered for sale on #HAPi online store as at the time of actual transaction.
(h) "User Account" means an account that a Customer applied for on this Site and established after our review and approval to provide more convenience to the Customer in using this Site.
(i) “Terms and Conditions" means these terms and conditions, the Legal Notice and Disclaimer, the Terms of Use and the Privacy Policy.
(j) “Terms of Use” means the terms of use of this Site, a copy of which is accessible via here.
1.2 All Products sold by #HAPi through this Site are subject to these Terms and Conditions. By registering for a User Account or by submitting your order for processing at hapi-fish.com either as a registered user or as a guest user, you confirm that you have read, understood and agreed to the Terms and Conditions in effect as at the time you submit your registration for a User Account or your order for purchase, as the case may be.
1.3 These Terms and Conditions incorporate the Legal Notice and Disclaimer, the Terms of Use and the Privacy Policy, and as far as this Site (and all matters and services related thereto) is concerned, these documents shall prevail over any other document including any #HAPi store policy purporting to have a contractual effect in the event of conflict.
1.4 You agree to provide accurate, complete and up-to-date registration information to register and create your User Account. For payment purposes either as registered user or guest user, you shall provide #HAPi with accurate and complete credit card information, and you represent and warrant to #HAPi that your use of the credit card or anyone else's use of the credit card via your User Account (details of which have been supplied) is authorised and lawful.
1.5 #HAPi has the absolute discretion to refuse or terminate registration of a User Account by any Customers, and/or to amend or cease operation of #HAPi online store, Click and Collect services, delivery services and/or any services or functions provided via or in relation to this Site (in whole or in part), at any time, for any reason whatsoever and without any notice or liability to any Customers.
1.6 You agree that you are responsible for all activities carried out on or through your User Account, and you authorise us to assume that any person using this Site with your User Account is either you or is authorised to act for you or by you to do so. You agree to pay for every order made under your User Account and agree to indemnify #HAPi for all claims, losses and damages whatsoever made by any third party arising from or in connection with the use of your User Account (whether or not authorised by you). You shall be responsible for safeguarding your User Account and registration information including your credit card details etc., provided to #HAPi. You shall be responsible for notifying the bank of any changes to your records, or loss, theft or unauthorised use of your credit card.
1.7 Placing an order means you agree to purchase Products in accordance with the Terms and Conditions set out herein. After receiving your order, we will acknowledge receipt of your order. However, it is not an acceptance of your order. We shall make every effort to fulfil your order, but shall not be liable to you if we shall decline or become unable to fulfil an order for whatever reason, including supply shortage or supply modification, or consider unreliable for credit reason or otherwise in its sole discretion.
1.8 You shall ensure that your password to your User Account is kept strictly confidential to prevent unauthorised use, and shall regularly update your password. You shall immediately change your User Account password and notify us if you reasonably suspect that there has been any unauthorized access or use of your User Account and/or disclosure of your User Account password. #HAPi shall use its best endeavours to prevent any unauthorised access to #HAPi.com.hk. However, notwithstanding the foregoing, #HAPi shall not be liable for any losses or damages whatsoever if any third party gains unauthorised access to this Site or any User Account.
1.9 The general maximum order quantity for any one transaction is 50 pieces per product, or such other quantity as specified by #HAPi at the time of the actual transaction. #HAPi will set, adjust or limit the maximum daily order limit (including the number of orders, the number of products and/or the total amount of orders) per guest user or user account (including registered emails and/or registered phone numbers) based on the inventory of each product. All orders are subject to acceptance by #HAPi at its sole discretion and are subject to stock availability and the terms and conditions of the relevant offer.
1.10 Products and Prices displayed on this Site are for reference only and are subject to alteration or modification as at the time of actual transaction.
1.11 In the event that your User Account is not used for a specified period (currently 24 months), we will, for your own and our protection, deem your User Account to be no longer in use and we will deactivate your User Account and all your accumulated points will be forfeited (if applicable).
2 PRICE
2.1 #HAPi shall make every effort to ensure that Prices, details and sizes of Products detailed on hapi-fish.com are up-to-date but #HAPi reserves the right to vary the Price and other details of the Products or range of Products listed on this Site, without prior notice or any liability.
2.2 Prices listed on hapi-fish.com are for online purchase only. Prices for some Products may differ from those charged for the same Products at #HAPi physical stores.
2.3 There may be discrepancies between the online bill and the final bill due to out-of-stock products, special offers and other unforeseen circumstances. #HAPi reserves the right to adjust the online bill and such adjustments will be marked on the final bill presented to the Customer at the time of delivery or order pick-up, and the Customer shall be charged in accordance with such final bill.
2.4 All Price does not include delivery charges.
3 CLICK AND COLLECT Order
3.1 All expected pick-up dates and times are estimates only, and you will receive prior notification from us in relation to actual pick-up arrangement once your order and pick-up request are confirmed. #HAPi shall not be liable for any delays for causes beyond its control.
3.2 #HAPi shall prepare Products as listed on a Customer’s "My Shopping Cart" on this Site following the completion of an order. The Customer is required to include all purchase items (including free gifts and redemption items, if any) in the shopping cart when placing the order.
3.3 The pick-up time shall fall between the opening hours of the selected pick-up location.
3.4 No pick-up services shall be available on the 1st day of Chinese New Year, and when typhoon signal No.8 or the Black Rainstorm Warning Signal is hoisted, or such other weather condition whereby store operation is considered unsafe, without any prior notice.
3.5 Order pick-up must be made within 7 days after receiving the pick-up notice (via SMS or e-mail); otherwise, order will be returned and discarded.
3.6 The Customer shall present the pick-up notice (via SMS or e-mail) at the selected pick-up location for order pick-up, and signed off the receipt with indication of pick-up time. #HAPi may need further information to verify the identity of the Customer (such as information of the Customer’s User Account). Otherwise, #HAPi reserves the right to decline any Customers from picking-up the Products at its sole discretion absolutely.
3.7 Free product pick up services for all online orders.
4 CANCELLATION OF ORDER
4.1 If the order has been placed, the Customer will not be able to cancel it without the approval from #HAPi.
4.2 If the Product ordered by the Customer is unavailable, the Product will be deleted from the Customer's order and the bill will be adjusted accordingly.
4.3 All discount items, free gifts and redemption items are subject to stock availability. No substitution and no prior notice will be made if stock is not available.
5 TITLE
5.1 All risks in the Products shall pass to the Customer upon delivery or collection of the Product by the Customer but #HAPi shall retain title in the Products until full payment has been received.
6 Personal Data and information
6.1 In order to use this Site or register with us and create a User Account, it is necessary to provide us with the personal data that is indicated as “mandatory” on the registration or payment page on this Site. If you are unable or unwilling to provide us with complete and correct personal data that is indicated as “mandatory” on the registration or payment page, we may not be able to register a User Account for you or provide you with some of our services.
6.2 You expressly agree and acknowledge that all personal data collected by #HAPi shall be managed in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) and the Privacy Policy which is accessible here, which may be amended from time to time.
7 FORCE MAJEURE
7 FORCE MAJEURE
7.1 #HAPi online store shall not be liable for any delay or non-performance of its obligations under the Terms and Conditions or this Site (including, without limitation, delivery or pick-up of an order), to the extent that such delay or non-performance is due to any circumstances beyond the reasonable control of #HAPi (which shall include, but not be limited to, fire, casualty, accident, act of God, natural disaster, pandemic, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of #HAPi).
8 VARIATION OF TERMS AND CONDITIONS
8.1 #HAPi reserves the right to amend these Terms and Conditions in its sole discretion and without prior notice to Customers. You are reminded to review the Terms and Conditions prior to submitting any order or registering a User Account. Once an order is placed or a User Account is registered, you are deemed to have accepted the Terms and Conditions prevalent at the time.
9 PREVAILING LANGUAGE
9.1 In the event of any discrepancy in the English and Chinese versions of the Terms and Conditions, the English version shall prevail.
10. APPLICABLE LAW
10. APPLICABLE LAW
10.1 These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and you and #HAPi agree to submit to the exclusive jurisdiction of the Hong Kong courts.
11. GENERAL
11.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, it shall be severed from these Terms and Conditions and shall not affect the remainder of the Terms and Conditions which shall continue in full force and effect.
11.2 A failure or delay by us to exercise any right or to act upon a breach under these Terms and Conditions will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of these Terms and Conditions must be in writing, and such waiver is limited to the particular right or breach stated in these Terms and Conditions.
11.3 We have the absolute discretion to make changes to any of these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions is available on this Site.
11.4 These Terms and Conditions set out the entire agreement relating to the supply of goods to you by us via this Site and they supersede all previous negotiations, representations and agreement between the parties.
