Terms & Conditions
Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Users with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
If you are less than 18 years old, please do not use or access this Platform or the Services. By using this Platform or the Services, you warrant and represent that you are at least 18 years old.
WE REGRET THAT THE SERVICES OFFERED BY THE PLATFORM ARE CURRENTLY UNAVAILABLE TO RESIDENTS IN THE E.U.
1. Definitions & Interpretation
means any entity which directly or indirectly controls, or is controlled by, or is under common control with, PCCW, where control means control of at least 50% of the voting power of securities or interests in such entity;
The eCommerce platform which is owned by PCCW eCommerce Technology Limited;
means any and all of the following items, whether or not registered, applications for the following items (whether or not registrable) and the right to apply for the items (where registrable):
(a) trademarks and service marks,
(b) patents, utility innovations,
(c) design rights, registered designs, and unregistered design,
(e) domain names, layout design rights, database rights, trade or business names,
(f) rights in respect of trade secrets, confidential information, goodwill and reputation, and
(g) all other intellectual property rights and similar rights in any country of the world;
means all actions, proceedings, claims, costs (including reasonable legal costs), expenses, losses, damages, penalties, settlement sums, compensation and other liabilities, whether foreseeable or not including indirect, special, consequential, collateral, incidental or punitive damages such as loss of business, revenue, profit, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, claims of third parties and all associated and incidental costs and expenses;
means, collectively, all web pages on the Platform, including the information, software, applications, images, links, sounds, graphics, video and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform;
means the valid password that a User who has an account with PCCW may use in conjunction with the Username to access the relevant Platform and/or Services;
“PCCW”, “we”, “our” and “us”
means PCCW eCommerce Technology Limited, a company incorporated in Hong Kong;
means PCCW, its officers, employees, agents, contractors, customers and end users and each of its associated company and their respective officers, employees, agents and contractors;
has the meaning given to it in the Personal Data (Privacy) Ordinance (Chapter 486, the Laws of Hong Kong) or such other applicable law, regulations or guidelines relating to the handling or processing of personal data (including, for the avoidance of doubt, any laws, regulations, or guidelines which may come into force after the date hereof), and any amendments or revisions thereto;
means both the web and mobile versions of any of the following websites: HABBITZZ at https://www.habbitzz.com and/or any other internet domain property of PCCW or any of its Affiliates [and the mobile applications made available from time to time by PCCW, including the iOS and Android versions];
means any information, graphics, photographs, data and/or any other material that may:
contain any computer virus or other invasive or damaging code, file, program or macro;
infringe any third-party Intellectual Property or any other proprietary rights;
infringe any right of confidence, privacy right or right under data protection law;
be scandalous, defamatory, libellous, blasphemous or threatening;
be in contempt of any court, or in breach of any court order;
be immoral, obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, harassing or otherwise illegal under the applicable law;
be in breach of any contractual obligation owed to any person;
constitute negligent advice or contain any negligent statement;
constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
be construed as offensive, deceptive, abusive, anti-social, discriminatory, invasive of another’s privacy and/or otherwise objectionable, in our sole opinion;
be inaccurate, incomplete, false, misleading or which may amount to unfair trading practices;
means services, information and functions made available by us at the Platform, including but not limited to HABBITZZ+, a fully automated and intelligent unmanned physical store;
means the trademarks, service marks, trade names and logos used and displayed on the Platform;
means the unique login identification name or code which identifies a User who has an account with PCCW;
means an authorised user of the Platform and/or the Services who is or above 18 years old.
2. General use of Services and/or access to Platform
2.1 Guidelines to the use of Platform and/or Services
You must ensure that all the information you supply to us through the Platform, or in relation to the Platform, is true, accurate, current, complete and non-misleading.
2.2 Restricted activities
You agree and undertake NOT to:
(a) impersonate any person or entity or to falsely state or misrepresent your affiliation with any person or entity;
(b) use the Platform or Services for any illegal, fraudulent or harmful purpose or activity including but not limited to abusive use of discount, promotion or coupon codes;
(c) carry out any speculative, gambling or similar activities on the Platform;
(d) attempt to gain unauthorized access to, tamper with or otherwise interfere with, disrupt, damage or impair our or other computer systems or networks connected to the Platform or Services or the technical delivery systems of our providers including but not limited to sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Platform or Services, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Platform or Services;
(e) post, promote or transmit through the Platform or Services any Prohibited Materials;
(f) interfere with the utilization and enjoyment of the Platform or Services of others;
(g) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(h) access or search or attempt to access or search or web scrape the Platform or Services by any means, whether automated or otherwise, other than through our currently available published interfaces that we provide;
(i) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Platform or Services to send altered, deceptive or false source-identifying information;
(j) use or upload, in any way, any software or material that contains, or which you have reasonable grounds to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of others’ computer or mobile device or the Platform or Services or infringe any rights, title, interest or Intellectual Property rights of PCCW or any third party;
(k) disclose any Personal Data or information of any individual unless it receives the relevant individual’s prior express consent pursuant to the Personal Data (Privacy) Ordinance;
(l) use the Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(m) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Platform without our express written consent;
(n) access or otherwise interact with the Platform using any robot, spider or other automated means;
(o) use data collected from the Platform or the Services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) or to contact individuals, companies or other persons or entities; and
(p) use the Platform or Services without conforming to the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
2.3 Availability of Platform and Services
We may, without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services from time to time and shall not be liable if any such upgrade, modification, suspension, discontinuation or removal prevents you from accessing the Platform or any Services.
2.4 Right to monitor content
We may, but shall not be obliged to:
(a) monitor, screen, remove or otherwise control any activity, content or material on the Platform and/or through the Services. We may, in our sole discretion, investigate any violation of these terms and conditions and may take any action it deems appropriate;
(b) prevent or restrict access of any User to the Platform and/or the Services at our discretion and you shall not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures imposed;
(c) report any activity suspected to be in violation of any applicable law, ordinances or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) request any information or data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right if you refuse to disclose such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
2.5 Right to access and disclose information
We reserve our right to access, read, preserve and disclose any information (including your identity) that we reasonably believe is necessary to:
(a) satisfy any applicable law, regulation, legal process or governmental or regulatory authority’s requests;
(c) detect, prevent or otherwise address fraud, security or technical issues;
(d) respond to user support requests; and/or
(e) protect the rights, property or safety of PCCW, its users and the public.
2.6 Additional terms
3. Users with accounts
3.1 Username and Password
You may need to create an account with us or to provide Personal Data in order to use certain Services on the Platform. However, you should not misuse the Platform or Services by creating multiple accounts. If you request to create an account with us, a Username and Password will be issued to you by us in connection with the use of the Services and/or access to the relevant Platform.
We may at any time, in our sole discretion, request that you update your Personal Data or invalidate the Username and/or Password immediately without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with such request or invalidation.
You hereby agree to change your Password from time to time and to keep the Username and Password safe and confidential and shall not disclose the Username and Password to any third party. You shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You shall notify us immediately if you have knowledge that, or have reasonable grounds for suspecting that, the confidentiality or security of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating.
You shall not use any other person’s account to access the Platform or Services.
We shall not be liable or responsible for any Losses suffered by or arising out of or by reason of your failure to comply with the above.
3.2 Purported use/access
You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
(a) your access to the relevant Platform and/or use of the Services; or
(b) information, data or communications posted, transmitted and validly issued by you.
You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorised by you) and you agree that we shall have the right to (but not obliged) act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.
3.3 Cancellation and suspension of account
We may, without giving any reason or prior notice, suspend or cancel your account and/or edit your account details at any time in our sole discretion.
You may cancel your account to use the Services and/or access to the Platform by written notice to us through our Contact Us page
4. Intellectual property
The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce our Intellectual Property to the fullest extent.
4.2 Restricted use
You shall not reproduce, reverse engineer, decompile, disassemble, alter, separate , sell, rent, sub-license, distribute, republish, display, broadcast, hyperlink, frame, mirror, transfer or transmit or vary, alter or remove any copyright, Trademarks or other protective notice in any part of the Platform or any Material or any software we provide in any manner or by any means or store in an information retrieval system or install on any servers, system or equipment without our prior written approval or that of the relevant copyright owners. Subject to Clause 4.3, approval will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we, or the relevant copyright owners, retain all copyright and other proprietary notices contained in the Materials.
5. Limitation of responsibility and liability
5.1 No representations or warranties
You agree and acknowledge that the Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. We do not give representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, in relation to the Platform, the Services or the Materials.
In particular, we do not warrant:
(a) the accuracy, timeliness, adequacy, value or completeness and continuous availability of all data and/or information contained in the Platform, the Services or the Materials;
(b) that the Platform, the Services or that any of the Materials will be provided timely, uninterrupted, secure or free from errors or omissions, or that any defect will be corrected;
(c) that the Platform, the Services or the Materials are free from any computer virus or bugs, other malicious, destructive or corrupting code, agent, program or macros or other damaging or harmful components; and
(d) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, blackout, or delay caused by internet traffic or incorrect data transmission due to the public nature of the Internet.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Platform and/or the Services and use your own virus protection software.
5.2 Exclusion of liability
PCCW Indemnitees shall not be liable to you for any Losses howsoever caused (regardless of the form of action) arising directly or indirectly from:
(a) any access, use and/or inability to use the Platform or the Services;
(b) your reliance on any data or information made available through the Platform and/or through the Services, which should first be independently verified;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or bugs, other malicious, destructive or corrupting code, agent, program or macros or other damaging or harmful components;
(d) any event(s) beyond our reasonable control;
(e) any loss or corruption of any data, database or software; and
(f) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
5.3 At your own risk
You agree that any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.
6. Hyperlinks and advertising
We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. We do not have control of these linked websites or content and therefore we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. We have not endorsed or verified such hyperlinked websites or content and you agree that your access to or use of such hyperlinked websites or content is entirely at your own risk.
6.2 Linking to us
You may link to our Platform provided the linking is fair and legal and does not damage our reputation or take advantage of it.
You shall not establish a link:
(a) in such a way as to suggest any form of association, approval or endorsement on our part;
(b) to our Platform in any website that is not owned by you.
We may, without giving reason or prior notice, withdraw linking permission.
We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our or our vendors’ products and/or services. The type and extent of advertising are subject to change. You shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
7. Your submissions and information
7.1 Submissions by you
You grant us a worldwide, irrevocable, non-exclusive and royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute the works, materials or information (including but not limited to text (questions, reviews, comments and suggestions), graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to the Platform and/or provide to us(collectively, “Submissions”) in any existing or future media. You also grant us the right to sub-license the rights licensed above.
When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may publish, remove or edit your Submissions.
You hereby waive all your moral rights in the Submissions to the maximum extent permitted by applicable law. You warrant and represent that all other moral rights in the Submissions have been waived to the maximum extent permitted by applicable law.
8.1 Termination by us
(a) block computers using your IP address from accessing the Platform and/or Services;
(b) contact any or all of your internet service providers and request that they block your access to the Platform and/or Services;
(c) commence legal action against you, whether for breach of contract or otherwise; and/or
(d) suspend or delete your account.
8.2 Termination by you
9.1 Cumulative rights and remedies
9.2 No waiver
9.4 Rights of third parties
9.5 Governing law
9.6 Injunctive relief
We may seek immediate injunctive relief if we determine in good faith that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
9.8 Binding and conclusive
You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
REMOVAL SERVICE TERMS AND CONDITIONS
These Removal Service Terms and Conditions only apply when you purchase regulated electrical appliances in Hong Kong, to be delivered to an address in Hong Kong, under the Producer Eco-responsibility Ordinance (Cap. 603).
1. Application & Selection
(a) When you purchase air conditioners, washing machines, refrigerators, televisions, computers, printers, scanners and/or monitors, you can request free statutory removal service for the same type and quantity of used electrical appliances. Note the following limitations:
Including single package type and split type air conditioners, air-cooled or air heated (or both), with a rated cooling capacity not exceeding 7.5 kilowatts (3HP)
With a rated washing capacity not exceeding 10 kg
With a total storage volume not exceeding 500 liters
The size of its display screen not exceeding 100 inches (measured diagonally)
Generally including personal computer, desktop computer, tablet computer, laptop computer and notebook computer
Not exceeding 30 kg in weight; one that can be used as a photocopier, facsimile transmitter or scanner is nevertheless regarded as a printer
Not exceeding 30 kg
Not having the function of storing electronic data or computing, the size of the display screen is not smaller than 5.5 inches (measured diagonally) but not exceeding 100 inches (measured diagonally).
(b) At the product and/or check out page, or upon being contacted by our Customer Service, you must choose from (i) free statutory removal service (delivery date of purchased electrical appliance different from removal date of used electrical appliance), (ii) decline free statutory removal service , (iii) where available, paid removal service (decline free statutory removal service), request delivery and removal on the same day, fee to be paid upon collection, or (iv) to be decided, will contact Customer Service within three (3) working days of purchase to request or decline free statutory removal service. If no reply is received by Customer Service within the three (3) working days period, you are deemed to have declined the removal service.
(c) Where you select (b)(i), (ii) or (iii) above but have a change of mind later on, you can contact Customer Service within three (3) working days of purchase to change your selection. Please note same day paid removal plan may not be available for selection.
(d) If you change your mind and decline the free statutory removal service upon delivery of the purchased electrical appliance, you will need to contact Customer Service to cancel the free removal service and HABBITZZ reserves the right to charge you an immediate removal fee.
2. Timing of Free Removal Service
(a) Under normal circumstances, three (3) working days are required for arranging the free removal service.
(b) The old item(s) at your designated locations will be removed on the date arranged between you and the removal service provider.
(c) No removal service is available on Sundays and public holidays.
3. Further Remarks
(a) The removal service may be different from the delivery and installation service. The old item(s) pending removal can be removed in advance or placed temporarily at the premises for collection later as appropriate.
(b) The old item(s) will not be returned once collected.
(c) The old items must stand-alone and be freed from other connections or obstacles.
(d) If the old item(s) have serious hygiene issues (e.g. rancid foods, presence of cockroaches and ants, etc.), we have the right not to remove such item(s), and there will be no further free removal service.
(e) You can request for a change of delivery date, time and/or place once by giving no less than two (2) working days’ notice.
(f) In the event of a Black Rainstorm Warning/Tropical Cyclone Warning Signal No.8 or above, the removal service will be suspended and rescheduled.
(g) We shall not be liable for any delay, suspension or rescheduling due to traffic or adverse weather conditions or other factors.
(h) We shall not be liable to reschedule free removal service again if collection failed the first time due to fault on the part of the customer.
(i) In case of any disputes, the decision of HABBITZZ shall be final and conclusive.
TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale (which include any linked policies and notices) (“Terms and Conditions of Sale”), apply to your purchase of goods and/or service (“Goods”) through https://www.habbitzz.com (“HABBITZZ”) (which includes all products and services available at this site (“Website”)). You agree to be bound by these Terms and Conditions of Sale and all the associated policies which may be published or revised from time to time by HABBITZZ without further notice to you.
(a) All Goods on the Website are sold by us or Supplier (as defined in Clause 21 of these Terms and Conditions of Sale). We or Supplier however do not warrant the accuracy of the descriptions of all Goods on the Website. You warrant that you have not relied on any such descriptions (including but not limited to the wordings, pictures, photos, specifications, videos, or audios) made by or on behalf of us or Supplier on the Website and you agree that we or Supplier shall have no liability over such descriptions.
(b) To make purchases on the Website, you must have registered as a member with us on the Website. Some goods and/or services offered by us may only be lawfully purchased or consumed by you if you are aged 18 or above, or if you have obtained the required permit, license, or permission. By registering and/or placing an order with us on the Website to purchase goods and/or services, you are making a statement, upon which we may rely upon, that you are aged 18 or above, capable of forming a legally binding contract and lawfully completing your purchases.
(c) When you place an order on the Website to purchase goods and/or services (“Purchase Order”), your Purchase Order is an offer to us or relevant Supplier(s) (as defined in Clause 21) (as the case may be) to purchase the Goods which may or may not be accepted by us or the relevant Supplier(s) (as the case may be). In addition to these Terms and Conditions of Sale, purchase of any Goods on HABBITZZ may be subject to other terms and conditions specific to that Goods (“Additional Terms”). Any Additional Terms will be made known to you prior to your purchase. Where there are Additional Terms for the sale of any Goods, by placing an order to purchase such Goods, you agree to be bound by the Additional Terms. In the event that there is any inconsistency between the Additional Terms and any part of these Terms and Conditions of Sale, the provisions in the Additional Terms shall prevail in respect of the purchase to which the Additional Terms apply.
(d) Once you have sent a Purchase Order on the Website, such Purchase Order shall be deemed to be irrevocable and unconditional. You agree for us or the Supplier to process the Purchase Order in accordance with these Terms and Conditions of Sale, Additional Terms (if applicable) and any other applicable terms and conditions without further reference to you.
(e) We or Supplier (as the case may be) reserve the right not to accept any Purchaser Order from you in our absolute discretion. If you have placed a Purchase Order and if your Purchase Order is accepted by us, you will receive from us a purchase order confirmation via email or any such means as we or Supplier (as the case may be) determines as appropriate. Each Purchase Order shall form a legally-binding agreement (“Customer Contract”). If the Goods are sold by us, such Customer Contract shall be entered between you and us; and if the Goods are sold by Supplier, such Customer Contract shall be entered between you and Supplier. You may also view your order which has been accepted by us through the email invoice or order history section of your Service Account.
(f) We also reserve the right at our sole discretion to decline, cancel, terminate, change or withhold any order or Customer Contract for any reason (including without limitation where the Goods is out of stock, or in the event of a pricing error on the Website), even though you may have received a confirmation of your order from us or already paid for the Goods. We will contact you through such means as we determine appropriate to inform you of our decision. You agree that we will not be obliged to make any compensation to you or be liable for any loss and damage you may suffer as a result.
(g) We also reserve the right at our sole discretion (i) to specify the payment method for each purchase; (ii) to specify the pickup method for each purchase (whether by delivery, collection at our designated location(s) or other means so designated by us); (iii) to limit the quantity of the Goods purchased per order, per product or per service or per customer, and/or per Service Account; (iv) to limit the amount that may be settled by a particular payment method during a period specified by us; and/or (v) to modify the method of processing refunds at any time without any notice to you. These restrictions may be applicable to orders placed by the same customer or Service Account or to orders that use the same billing and/or delivery / collection address. We will notify you of any changes at such time and using such means as we determine as appropriate. We further reserve the right at our sole discretion to prohibit sales to dealers or wholesalers.
(h) All risk of any purchased Goods is passed to you at the time of delivery. The title to any purchased Goods is passed to you upon receipt of full payment of the purchased Goods by us.
2. Service Account
When making purchases using your service account on HABBITZZ (“Service Account”), you warrant that you are the owner of the Service Account. All activities that occur under your Service Account, whether or not conducted by you, shall be deemed to be activities conducted by you, or with your due authorisation.
3. Payment and Pricing; Fraud Checking
(a) By ordering Goods on the Website, you authorise us and/or relevant Supplier(s) (as the case may be) to charge the full amount of the Goods ordered and all related fees and charges (including but not limited to delivery fee) (collectively, “Fees”) on your selected credit card or by other means of payment as approved by us. You agree that you may not claim against us or any of our agents for any mistake, disruption or failure in relation to your chosen payment method. You warrant that you are duly authorised to use your selected credit card or means of payment and are subject to the applicable user agreement of your payment method. You agree that we shall have the right to, at any time and at our sole discretion, accept, reject or modify any credit card or any method of payment selected by you. Unless otherwise provided in the terms of supply imposed by us or the Supplier(s) (as the case may be), all prices are quoted in Hong Kong dollars and exclusive of any government service tax, value added tax or similar tax (if any) and are subject to change from time to time without prior notice. Pricing or typographical errors may occur and in the event that an item of Goods is listed at an incorrect price, we shall have the right at our sole discretion to decline, cancel or modify any orders placed for that item of Goods without any liability or to contact you for purchase instructions based on the correct price information. Goods purchased by you on HABBITZZ shall be paid for in Hong Kong dollars. The purchase price (or any part thereof), once paid, is non-refundable under any circumstances, unless specified herein or we agree otherwise.
(b) You hereby authorise us or our billing agent to charge your selected credit card or other means of payment (“Card Account”) the full amount of the Fees. Your bank, the credit card issuing company and/or other relevant parties (“Bank”) may charge you additional fees for making payment with your credit card or other means of payment. Please make enquiries with the Bank for details. You warrant that you have obtained all necessary due authorisations for making payment via the Card Account. Any disputes regarding the Fees on a statement for the Card Account must be raised with us within 30 days from the date of issuance of statement for the Card Account, notwithstanding, where relevant, any terms to the contrary in any cardholder agreement with the Bank. If we fail to receive your written enquiry within 30 days from the date of issuance of statement for the Card Account, you will be deemed to have agreed with all transactions on the statement for the Card Account.
(c) If you fail to settle the Fees in full by the payment deadline pursuant to the terms and conditions of the payment method selected, we shall be entitled to cancel the Customer Contract or suspend delivery of the Goods until all the Fees and/or any charges are fully received from us.
(d) As part of order processing procedure, HABBITZZ will screen all orders and reserve the right to withhold or refuse processing any order due to suspected fraud, unauthorized or illegal activities. HABBITZZ may make calls or send emails from firstname.lastname@example.org for verification. Customer may need to provide sufficient information for verification purpose, such as corresponding transaction Approval Code (e.g. SMS from Bank about the transaction).
(a) Goods available for purchase on HABBITZZ may be provided by us or a Supplier (as defined in Clause 21 of these Terms and Conditions of Sale) as the case may be. We and our affiliates do not sponsor, endorse or recommend, expressly or impliedly, any third party product, service, information or content provided by any Supplier through HABBITZZ.
(b) Goods available for purchase on HABBITZZ may be subject to limitations and applicable terms of supply imposed by us or a Supplier (as the case may be) as shown in the Website. Limitations and terms of supply may include any laws, regulations, rules or restrictions from countries to which Goods may be delivered; pricing and payment terms; order and delivery details; return, refund and cancellation policies; product and service warranties; and other contract terms, and they are subject to change from time to time without prior notice. You should carefully review and ensure strict compliance with these limitations and terms of supply.
(c) The specifications of the Goods, including sizes, dimensions, weights, measures, colours, capacities and other product features or descriptions, provided on HABBITZZ are for reference and convenience purposes, and slight variations with actual specifications of the Goods may occur.
(d) All items of Goods included in HABBITZZ are available only at our discretion or the discretion of Supplier (as the case may be) and such Goods may be withdrawn or varied at any time without prior notice. Nothing included in HABBITZZ shall constitute an offer on the part of HABBITZZ to provide any Goods to any person.
(a) If any part of the total Fees for the Goods has not been paid in full by the payment deadline, we or Supplier shall have no liability.
(b) Warranty with respect to the Goods, if any, will be provided by the Supplier (“Supplier Warranty”) and shall be subject to the Supplier Warranty’s own terms and conditions. We and our affiliates shall not in any way be liable, directly or indirectly, for any losses or damages which you, any user of the Goods or any other parties may incur or suffer as a result of the use of the Goods (or any part thereof), unless the same was caused by gross negligence or wilful default of us or our authorised representatives.
(c) We and our affiliates shall also not be responsible for any liability or risk regarding or arising from the Supplier Warranty. In the event of fault, defect in workmanship and material or faulty design of the Goods, you may, return the Goods, directly to the Supplier for repair or replacement (as determined by the Supplier) within the relevant Supplier’s warranty period at your own cost subject to the Supplier Warranty’s own terms and conditions. We and our affiliates shall not be responsible or liable for anything related to the Supplier Warranty of such Goods.
(d) We or Supplier will not represent or warrant the state, quality, condition or fitness of the Goods for any particular purpose, nor guarantee that the Goods meet any specifications, requirements, or any customary practices.
(e) We or Supplier shall not be liable for any actions or omissions of you or third parties and the consequences thereof, nor shall we or Supplier be liable for any defect in or damage of the Goods arising after the expiry of any applicable Supplier Warranty.
(f) We or Supplier shall not be liable for any state or condition of the Goods or any defect of it which is a result of fair wear and tear, wilful misconduct, negligence, inappropriate use, improper alteration, or any repair or changes made to the Goods by you or any third parties without our approval.
(g) We or Supplier disclaim any liability for any direct or indirect losses or damages suffered by you or any third party caused by any changes or work done to the Goods without our prior written approval. You agree that you shall indemnify us and/or Supplier against all losses and damages arising out of or in relation to such claims.
6. Return for replacement and/or refund
(a) You acknowledge that not all Goods purchased on HABBITZZ are available for a return for replacement and/or refund. Currently, HABBITZZ offers two types of returns for replacement and/or refund, namely Type 1 – Guarantee Return if purchased product is damaged or defective or not the product you have purchased; and Type 2 – 7-day Return if you change your mind after purchase. If return for replacement and/or refund is available, the applicable type of return for each Goods will be shown in the form of a logo on each Goods’ description page. All returns shall be done in accordance with and subject to our Return Policy. Please refer to our Return Policy – FAQs for more details on the requirements, steps and timeline on return for replacement and return for refund.
(b) We shall not be obliged to provide or accept any return for the Goods purchased on HABBITZZ or refund or waive any part of the Fees or any shipping/delivery fees or provide any replacement for any Goods or any part thereof. HABBITZZ reserves the right to charge you for a HK$100 or such amount as HABBITZZ sees fit administrative fee if any return request is found to be malicious. You agree that in case of any disputes, our sole determination shall be final and binding.
(c) All refunds shall be conditional upon our acceptance of a valid return of the Goods. All refunds (if accepted by HABBITZZ) shall be made via the original payment method and to the person who made the original payment. You agree that we will not guarantee the timeliness of refunds. In the event that any cost or expense is charged in relation to the refund process by the processing card institution or payment processing company, you shall bear that cost or expense unless otherwise stated.
(d) You agree that you shall solely be responsible for the decision to return whether for refund or replacement and we shall not be liable for any losses and damages suffered in relation to or arising out of any return request for refund or replacement.
(a) All deliveries shall be done in accordance with and are subject to our Shipping Policy. Please refer to our "Shipping & Delivery" Policy for more details on charges, delivery area coverage and timeframe.
(b) Notwithstanding the above clause 7a, we may specify the pickup method for each purchase of the Goods, whether by delivery to the delivery address you provide, collection at our designated location(s) or other means so designated by us. Delivery of the Goods to such delivery address or collection of the Goods by you or such other person on your behalf at our designated location or by other means so designated by us shall be deemed due and proper delivery to you and you shall have no claim against us or we shall not be liable to you for any losses and damages in relation to or arising out of such claims.
(c) Our delivery services offer up to two delivery attempts. If we cannot deliver the Goods in two attempts nor contact you within four working days, we will arrange redelivery and reserve the right to charge you for an additional fee. In any event, if the Goods are still not or cannot be received by you after the specified time frame (being 30 days after the date of purchase unless otherwise specified) for any reason whatsoever, we shall have the sole discretion to dispose of the Goods without any liability and you will not be entitled to any refund or set off from us for any price paid. You shall have no claim against us for any loss suffered and any outstanding Fees in respect of such Goods will remain due and payable by you.
(d) While we shall endeavor to ensure that the Goods you ordered at HABBITZZ will be available as soon as practicable, we do not in any way warrant that the Goods will be available by the date or by the delivery / collection method as per your confirmed order; and to the extent permitted by law, we shall not be responsible in any way for any loss or damages suffered by you or any person as a result of any delay or failure in delivery / availability for collection of the Goods or any damage of the Goods during transportation.
8. Health, Safety and Product Warnings
Certain Goods available on HABBITZZ may not be suitable for children under a certain age or may require parents to supervise/demonstrate the use of such Goods by children (e.g. children’s products). It is your sole responsibility to read and use the Goods in accordance with all applicable safety labels, health warnings, assembly instructions and other cautionary notices and directions, and to ultimately determine whether a particular product or service is appropriate for use by children taking into account their age and skill level. If you are in doubt about the use or safety of a particular Goods, contact the manufacturer or supplier in question, or consult the necessary professional for advice.
All or our affiliates’ trademarks, service marks, graphics and logos used in connection with HABBITZZ are trademarks or registered trademarks of PCCW eCommerce Technology Limited (“PCCW”) or our affiliates (as the case may be). Other trademarks, service marks, graphics and logos used in HABBITZZ may be the trademarks of their respective owners. No license for the use of the aforesaid trademarks is granted to you under these Terms and Conditions of Sale or by your use of HABBITZZ. Unauthorised use of the aforesaid marks in any manner is strictly prohibited.
We may sell children’s products or services for purchase by adults. We do not sell Goods for purchase by children. If you are under 18, you may not use HABBITZZ. There may be some Content on the HABBITZZ which is not suitable for viewing by persons under 18 years of age. You are solely responsible for checking the identity and/or age of any person who wishes or intends to view HABBITZZ before you permit that person to view HABBITZZ.
11. Personal Data and Information
During Service Account registration and/or purchase of Goods on HABBITZZ, personal data and other information (“Data”) may be collected, used, disclosed and retained by us, PCCW eCommerce Technology Limited, in accordance with the requirements in the Personal Data (Privacy) Ordinance and our Privacy Statement, which governs, together with the applicable terms and conditions of your purchase of the Goods, how the Data is collected, retained, used and to whom it is disclosed. For the purpose of processing your purchase/order, provision of the Goods, managing your Service Account and any related administrative matters, you agree that the Data may be used by and/or disclosed to affiliates or related companies of the PCCW Group, business partners and debt collection agents. Subject to your consent, your data may also be used by PCCW eCommerce Technology Limited and/or our affiliates or related companies of the PCCW Group in providing you with promotional materials and information of different goods and services as specified in such consent and the Privacy Statement. You may contact our Data Protection Officer at GPO Box 9872, Hong Kong or via email to email@example.com to request access to or make correction of Data.
12. Other Businesses
Parties other than us and our affiliates sell products or provide services through HABBITZZ or through links to the websites of other businesses. We shall not be responsible for and we do not warrant or endorse, the offerings of any of these businesses or the content of their websites. HABBITZZ does not assume any responsibility or liability for the actions, omissions, products or content of any of these businesses or any third parties. Certain products or services available on HABBITZZ may require you to interact or deal with Supplier directly and we will not participate in any such interaction, dealing, transaction or negotiation which is solely between you and Supplier. When ordering these products or services, you should be aware that you are solely responsible (and we cannot be held liable in any way) for all aspects of any interaction, dealing, transaction or negotiation in which you choose to participate with Supplier through the use of HABBITZZ, including, without limitation, resolving any disputes, conflicts or claims of any nature which may arise from any such interaction, dealing, transaction or negotiation.
13. Electronic Communications
We may communicate with you by posting notices through the Websites and other means as we determine to be appropriate. You agree that all agreements, notices and other communications that we provide to you electronically or by SMS via mobile phone or other means as determined by us satisfy any legal requirement that such communications be in writing.
In connection with your use of HABBITZZ, the Goods and the supply of products, services and information purchased or obtained through HABBITZZ, you agree that:
(a) to the extent permitted by law, all express or implied warranties, representations or statements relating to the Goods which are not contained on the Website are excluded;
(b) to the extent permitted by law, we and our affiliates exclude all liability or responsibility for any cost, claim, damage or loss to you or any person whether direct or indirect of any kind, including loss of revenue, loss of profits or any consequential loss in contract, tort, under any statute or otherwise (including negligence) arising out of or in any way related to your use or purchase of the Goods on HABBITZZ; and
(c) notwithstanding any other provision of these Terms and Conditions of Sale, our total liability to you or to any other party for all losses under, arising out of or relating to the sale of Goods under each Customer Contract on HABBITZZ shall be limited to the total amount paid by you to us for the Goods under such Customer Contract.
15. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to HABBITZZ, these Terms and Conditions of Sale and all related policies and notices at any time; and any such amendments shall be effective as soon as an amended version is posted on the Website (unless otherwise specified by us). Your use of HABBITZZ following any such amendments constitutes your agreement to follow and be bound by the terms as amended. You will be subject to these Terms and Conditions of Sale and all related policies and notices in force at the time you use or visit HABBITZZ, or when you order Goods on HABBITZZ. You should visit the Website regularly from time to time to review the current Terms and Conditions of Sale of [https://www.habbitzz.com/term-and-conditions] because they are binding on you. If any provision of these Terms and Conditions of Sale or related policies or notices is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
16. Causes Beyond Our Reasonable Control
We shall not be held responsible or liable for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.
17. Service Account Suspension or Termination
We may at any time without any liability suspend or terminate your Service Account for use of any part or the whole of HABBITZZ for any reason and without prior notice to you, including without limitation where: (a) you have breached or we have reason to believe that you have breached any provision of these Terms and Conditions of Sale and any other related policies and notices; or (b) we are required to do so by law, regulatory requirements, court order, Stock Exchange requirements or request of other competent authorities. In the event that your Service Account is suspended or terminate pursuant to this clause, we may suspend or terminate your access or use of any other services provided by us or our affiliates through your Service Account or otherwise. Any obligations owed to us under any applicable terms and conditions shall not be affected.
18. Goods to be delivered to a place outside Hong Kong
Delivery location is limited to Hong Kong.
We may assign, transfer, and/or sub-contract the whole or any part of the rights and/or obligations contained in these Terms and Conditions of Sale to any person and/or entity at any time without any notice to you.
20. Governing law and jurisdiction
These Terms and Conditions of Sale are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You agree to submit to the exclusive jurisdiction of the Hong Kong courts.
The English version of the HABBITZZ Platform and Services, including these Terms and Conditions of Sale shall prevail over versions in other languages. We will translate the most important information for your browsing, shopping, and communications. Our translations are provided for your convenience only. References to “we”, “us” and “our” are references to PCCW eCommerce Technology Limited in relation to the provision of HABBITZZ. References to “Supplier” are references to any third party supplier of Goods from whom you may purchase through HABBITZZ in accordance with these Terms and Conditions of Sale.
Last Updated: 29/10/2018