Terms and Conditions



Terms and Conditions  

Last updated : November 1 , 2023  

All sales of goods through the online store www.q-pets.com operated by Five Fung Pets Limited ( a subsidiary of Jebsen Group ) are governed by the terms and conditions set forth on this website ( hereinafter referred to as "the Terms and Conditions" ) . By using this website and placing an order hereto, you agree to these Terms and Conditions. 

In the event of any conflict between the Chinese and English versions of these Terms and Conditions, the English version shall prevail.  

    1. Sale of goods

    • Under these Terms and Conditions, based on your order placed on this website ( hereinafter referred to as the "Order" ) , we will sell and you will purchase the goods therein ( hereinafter referred to as the "Ordered Goods" ). 
    • We only accept orders delivered within the Hong Kong Special Administrative Region ( hereinafter referred to as "Hong Kong" ) . 



    2. Place the order

    • You may place an order by filling out the electronic order form ( hereinafter referred to as the "Order Form" ) on this website . Once the Order Form is completed and an order number is assigned, it will be deemed that you have confirmed your order, and from that point onwards, the order may not be cancelled or changed to the maximum extent permitted by applicable law. 
    • The information on this website constitutes an invitation to offer only and should not be construed as an offer by us to supply any goods. 
    • Your order constitutes an offer to purchase the ordered goods, which are the subject of the order. We reserve the right to accept or reject your order ( with or without reason ) . We do not guarantee that the goods displayed on this website will be available for sale at any time. 
    • After receiving your order, we will send you an email confirmation ( hereinafter referred to as the "Confirmation Email" ) . However, receiving the Confirmation Email does not mean that we have accepted your order, nor does it constitute confirmation of our offer to sell. We are only notifying you that we have received your order. 
    • Because we need to ensure the availability of stocked goods, we will not accept orders until the goods are ready for delivery. In most cases, orders for in-stock items will be accepted within 7 days. We reserve the right to refuse or cancel any order and limit order quantities. We may request additional supporting documentation from customers before accepting or processing any order. After receiving our order confirmation email, you can track your order status through "Contact Us". Please see the "Order Tracking" page for details. 
    • When your order is ready for shipment, it signifies that we have accepted your order, and a legally binding contract ( hereinafter referred to as the "Contract" ) is entered into between both parties regarding the sale and purchase of the ordered goods . The Contract supersedes all prior communications, understandings, and agreements between the parties. 
    • You must ensure that all information provided in your order, including but not limited to the delivery address and your contact information, is accurate. We will not be liable for any inability to deliver, delays in delivery, or failure to fulfill other obligations and / or responsibilities under this contract caused by incomplete and / or inaccurate information provided by you regarding your order. 

     

    3. Payment Terms

      • All prices listed on this website are in Hong Kong dollars. We reserve the right to change product prices on this website at any time and correct any accidental price errors. In the event of a pricing error, we will notify you and allow you to choose to continue the transaction at the correct price or cancel your order free of charge. 
      • We further reserve the right to adjust prices to reflect changes in the cost of ordered goods due to any unforeseen circumstances beyond our reasonable control, including foreign exchange rate fluctuations, currency regulation, changes in taxes, changes in levies, labor and material costs or other production costs, ( your requested ) delivery schedule, or your delay / inability to provide us with the necessary information. 
      • Unless otherwise specified, all payments shall be made in Hong Kong dollars via electronic payment methods such as Visa , Mastercard, American Express, and UnionPay credit cards . 
      • After we send you a confirmation email, we will deduct the amount for the ordered goods from your designated electronic payment method. 
      • Your electronic payment transactions will be processed by our designated service providers ( hereinafter referred to as "Payment Processors" ) . When making credit card transactions, all payment information transmitted through the bank's payment gateway will be encrypted. 
      • We are not liable for any loss or damage, directly or indirectly, arising from the following: 

      1. During the online payment process, your personal information may be seen or otherwise obtained by others due to your mistake or negligence. 
      2. During the online payment process, you were unable to provide accurate information due to your negligence; 
      3. Other reasons related to this particular payment method. 

        4. Personal Data and Privacy
        Our Privacy Policy and Cookies Policy on this website explain how we treat your personal data and protect your privacy when you use this website. By providing us with the information we need to collect for your order, you consent to our use of that information in accordance with this Privacy Policy .

        5. Goods ordered for delivery

        • We will deliver your ordered goods to your designated address ( hereinafter referred to as the "Delivery Address" ) within the delivery area ( as defined below ) on the date specified in the confirmation ( hereinafter referred to as the "Delivery Date" ) . We generally deliver between 11:00 a.m. and 6:00 p.m. on weekdays, Monday to Saturday ( excluding Hong Kong public holidays ) . For the avoidance of doubt, we do not accept any deliveries outside the delivery area. For the purposes of paragraph 5 , "Delivery Area" means any location in Hong Kong, but does not include outlying islands, Lantau Island, Ma Wan, Tung Chung, Discovery Bay, restricted areas / zones requiring specific permits or licenses for access, and other locations that we may determine from time to time at our discretion ( hereinafter referred to as the "Inapplicable Areas" ). 
        • Free delivery is offered for orders totaling HK$400 or more and the delivery address is within the designated delivery area. For orders less than HK$400 and the delivery address is within the designated delivery area, a delivery fee of HK$90 ( HK$150 for Lantau Island and other outlying islands ) will be charged per order . For delivery addresses outside the applicable areas, delivery fees will be charged as applicable. 
        • For the avoidance of doubt, delivery fees ( if any ) already paid to us cannot be used to offset installation fees or other service fees ( if applicable ). 
        • We reserve the right to change any delivery service terms ( including but not limited to delivery areas and delivery fees ) from time to time without prior notice. Once an order is confirmed, all delivery fees paid are non-transferable, non-refundable, and non-exchangeable for cash or goods. 
        • We will make every effort to deliver the goods within five working days of the confirmation date. However, the delivery date of the ordered goods is not essential to the contract and is only our best estimate. We reserve the right to change the delivery date from time to time with reasonable prior notice, and you must accept delivery on our suggested updated delivery date. In no event will we be liable for any delay in the delivery of any ordered goods ( regardless of the cause or whether you have been notified ) . For the purposes of Clause 5.5 , "working day" means days other than Saturdays, Sundays, Hong Kong bank holidays or public holidays.
        • If your order has already been shipped, the shipping address cannot be changed.
        • To protect your rights and to record delivery, upon delivery of goods, we may, as appropriate, require you or your authorized representative to present their original identity card or proof of identity, a written authorization ( if applicable ) , and other documents for verification. If you fail to properly comply with our requirements, we reserve the right to refuse delivery. 
        • You must collect your order on the delivery date or ( as applicable ) a revised delivery date. If you are unable to collect your order on time and do not notify us at least 48 hours in advance of the delivery date or a revised delivery date, we reserve the right to decide, without prejudice to our other rights and remedies: 
        1. We will store the ordered goods at a location determined by us until the actual delivery date, and will reimburse you for all expenses ( including but not limited to storage fees and insurance ) and charges incurred as a result, plus an administrative fee of HK$200 for each subsequent delivery ; or 
        2. If your order is cancelled and you are required to reimburse all expenses and fees incurred as a result, the total amount you have paid for the order will be forfeited, and you should also pay any outstanding balance immediately. 

        6. Transfer of risk and ownership

        • Once the ordered goods arrive at the delivery address, the risk of damage to the ordered goods immediately transfers to you. Regardless of anything contained herein, we shall not be liable for any damage to the ordered goods caused by any act, negligence, or any action beyond our reasonable control ( including, but not limited to, fire and water ) . 
        • Although, as described herein, the ordered goods have been delivered and the risk has been transferred to you or any other description, ownership of the ordered goods does not transfer to you until you have paid the full amount of the order. 

        7. Return defective goods

        • Unless you return the ordered goods to us with a written notice of error and a description of the error within 96 hours of their arrival at the delivery address, it will be preliminarily deemed that we have fulfilled all our obligations under the contract, and that you have confirmed that the delivered goods are correct and that you are satisfied with their quality. If you are unable to comply with the above-mentioned time limit for claims, any claims made after the deadline will not be accepted unless you can fully explain the reasons to us and prove that you have made your claim as soon as possible. 
        • If there is sufficient evidence to support a claim made under Section 7.1 , we have the right to decide: 
        1. In accordance with the terms and conditions of this document ( specifically clauses 7.3 and 7.5 ) , the ordered goods will be replaced free of charge; or 
        2. If you return the ordered goods, you will be refunded the amount you have paid for the ordered goods in accordance with the terms and conditions of this document ( specifically clauses 7.4 and 7.5 ) . 
        • Without affecting any part of the contract, you shall bear all expenses and costs ( including but not limited to delivery fees and local customs duties ) incurred for the return of goods under Section 7.1 and the delivery of replacement goods under Section 7.2.1 . If the ordered goods are replaced according to Section 7.2.1 , you must choose to collect them in person or pay the additional delivery service fee. 
        • We reserve the right to decide on the refund method outlined in Section 7.2.2 . 
        • Ordered goods returned under Section 7.1 shall be returned in their original condition and in their original packaging, without alteration. 
        • We do not offer refunds or replacements if the ordered goods are free of defects or if we have not made any mistakes. 
        • Claims and returns under Section 7.1 should be submitted to us through our online service. 
        • We have the right to refuse any claim under this Section 7. In case of any dispute, our decision shall be final. 

         

        8. Responsibility

        • This contract outlines all our obligations and responsibilities regarding the ordered goods. Except as expressly provided in this contract, no warranty, terms, or other terms are binding on us. To the fullest extent permitted by law, except for the terms, warranties, and liabilities expressly set forth in these Terms and Conditions, no other terms and warranties, whether express or implied by statutory, common law, or otherwise, including the warranty of merchantability or fitness for a particular purpose, and any additional damages, indemnities, or guarantees, shall be provided. 
        • Without prejudice to anything contained herein, our maximum total liability under this contract, whether in contractual, tortious ( including negligence ) or otherwise, shall not exceed the amount you have paid in respect of this contract. 
        • We make no guarantee as to the accuracy of the information on this website, nor shall we be liable for any inaccuracies arising from the information on this website. Any typographical errors, clerkship errors, or other mistakes or omissions in this website, any sales articles, quotations, price lists, acceptances of offers, documents, or other documents or materials we issue are subject to correction at any time, and we assume no responsibility for them. 
        • Our failure or delay in exercising any right, power, or remedy under this Contract shall not be deemed a waiver of such right, power, or remedy. Any exercise of such right, power, or remedy, whether alone or in part, shall not preclude us from further exercising such or other rights, powers, or remedies. Without limiting the foregoing, our waiver of pursuing any breach of any provision of this Contract by you shall not be deemed a waiver of pursuing any subsequent breach of that provision or other provision. 
        • We shall not be liable for any failure to perform our obligations or responsibilities directly or indirectly caused by force majeure, fire, flood, accident, riot, war, terrorist attack, government intervention, embargo, strike, labor dispute, outbreak of epidemic disease, equipment failure ( including but not limited to internet system failure ) , or any other factor beyond our reasonable control. 

        9. Promotional Offers

        • To use a discount code, you must enter the code before completing your order. A discount code can only be used once and cannot be used on a completed order. Discount codes cannot be used in conjunction with other discounts or promotions. 
        • This offer cannot be used in conjunction with other offers . 
        • The offer is non-transferable and cannot be exchanged for cash or a substitute payment. 
        • The offer is not applicable to all items. Please refer to the details of the offer to see which items are eligible. If you apply the offer to inapplicable or incorrect items, we reserve the right to cancel your order. 

        10. General Terms

        • You may not assign or transfer any rights or obligations under this Agreement to any third party without our prior written consent. 
        • We reserve the right to amend these Terms and Conditions from time to time without prior notice. 
        • Each provision in these Terms and Conditions shall be enforceable independently of the others, and its validity shall remain unaffected if any other provision is invalid. If any provision is invalid and certain parts of that provision are deleted or the amount or time period mentioned in that provision is reduced / shortened ( if applicable ) , its validity shall be restored, and the relevant provision shall be modified, reduced or shortened as necessary to restore its validity. 
        • Any dispute or matter arising out of these Terms and Conditions and this Contract shall be governed by and construed in accordance with the laws of Hong Kong. In the event of any dispute, you and we agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong. 

        11. Customer Service Inquiry
        For any enquiries, please contact the Customer Service Manager via WhatsApp (phone: (852)6606 0018) between 9:30 a.m. and 6:00 p.m., Monday to Saturday .