INTRODUCTION

Thank you for accessing PESCA’s/ Le Blanc Caring Company Limited’s (“PESCA”, “we”, “us”, or “our”) website, www.pescahk.com (collectively the “Site”). Access to and use of the Site and related services are made available to you in accordance with the following Terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions” or “T&C”)). These T&C are the entire agreement applies between you, the User of pescahk.com and Le Blanc Caring Company Limited, the owner of this Site. By using the Site, you signify your acceptance of the T&C in consideration of which we provides you with access. You may be accessing our Site from a computer or mobile phone device and these Terms and Conditions govern your use of our Site and your conduct, regardless of the means of access.

If at any time you do not wish to accept the Terms and Conditions, you may not use the Site.

ACCURACY OF INFORMATION

We endeavour to be as accurate as possible when providing content or describing products on our Site, however, we do not warrant that the product descriptions, colors, photographs, ingredients, information or other content available on the Site are accurate, correct, complete, reliable, current, or error-free at the time of publishing. In the event of an error or other content related issue including typographical errors or inaccuracies, PESCA reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.

Please note that such errors, inaccuracies or omissions may relate to pricing and availability, we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information without notification. We apologize for any inconvenience.

We attempt to minimize any inconveniences caused by technical errors as possible, we do not guarantee the use of the Site will be free from technical error, unauthorized intervention and interruptions.

INTELLECTUAL PROPERTY RIGHTS

The Site, all information and content available on the Site (including but not limited to names, trademarks, logos, images, illustrations, designs, icons, artworks, photographs, written materials, video, music, audio clips, music, data compilations and software), and all intellectual property rights in such content (collectively, the “Contents”) are owned or controlled by PESCA or Le Blanc Caring Company Limited or controlled by third parties and licensed to us. All intellectual property rights in the Contents are protected by applicable laws, including laws governing copyrights and trademarks. You agree to abide by all additional copyright notices or restrictions contained in the Site.

The Content and any portion of the Site is for your personal use only and only to the extent you do not modify or alter the Contents, delete or change any copyright or trademark notice, or violate these Terms & Conditions.  No right, title, or interest in any Contents is transferred to you as a result of any such downloading or copying. Accessing, downloading, printing, posting, storing, reproducing, duplicating, reselling or otherwise using the Site or any of the Contents for any non-personal or commercial purpose, whether on behalf of yourself or on behalf of any third party, is prohibited without our express, prior written consent.

Creation of hyperlink to the homepage of our Site is permitted by us provided only that the link is for personal, non-commercial use only. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

CHANGES TO THE SITE

PESCA reserves the right to change the content, any part of the T&C or technical specifications of any aspect of the Site at any time by posting the changes on the Site and providing notice of such change. Your continued access and use of this Site constitutes your endorsement of the policies thus revised. Please visit this page from time to time to check for any updates or changes to any part of the T&C (including the said rules and policies and the Privacy Policy).

PREVAILING LANGUAGE

The English version of these Terms & Conditions will prevail if there is a conflict between the English version and any translated version of these Terms & Conditions.

PAYMENT POLICY

You can pay your purchases by PayPal or credit/debit card. Select the appropriate payment method when placing your order.

For card payment options we accept payment by Visa, MasterCard, China UnionPay and JCB cards. All credit card payments are processed in real-time. Once you have paid via credit card your order will be processed online immediately. Your credit card details are verified by Global Payments. This transaction will appear on your bank statement as a payment to Le Blanc Caring Company Limited. 

You confirm that the credit card/debit card that is being used is yours or that you are authorised to use it. All credit /debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery of merchandise. We retain the legal ownership of all merchandise until full payment has been made by you and received by us and legal ownership of the merchandise will immediately transfer back to us if we refund any payment for the merchandise to you. Risk in the merchandise transfers to you upon delivery. Furthermore, we are not obliged to inform you of the reason for the refusal of payment. You should note that your bank or card issuer may charge you as a result of our processing your credit /debit card payment in accordance with your order. PESCA has no responsibility for such charges.

For your security, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.

SPECIAL EVENTS, GIFTS, MONEY OFF AND DISCOUNT CODES

We may offer certain special offerings or events, including but not limited to contests, sweepstakes, gifts with purchase, money off, discount codes or other offerings, which may be subject to terms of use, rules and/or policies in addition to or in lieu of these

T&C. If you choose to take advantage of these offerings, you agree that your use of those offerings may be subject to such additional or separate terms of use, rules and/or policies.

Only one Voucher Code is permitted per order and it must be entered correctly in the Voucher Code box provided at the checkout page. When entered correctly the Voucher Code gift or discount will show in your basket. A Voucher Code gift or discount cannot be added to your order after your order has been paid and confirmed.

When a Voucher Code requires a minimum spend, the minimum spend excludes delivery fees, taxes, samples and minis. When returning items from your order, if you used a discount voucher and your order no longer qualifies, the voucher value will be deducted from your refund; if you used a free gift voucher and your order no longer

qualifies, the free gift must be returned or its value will be deducted from your refund. When a Voucher Code provides a free gift, the free gift is not eligible for exchange or refund. Voucher Codes cannot be used in conjunction with any other offer. Discount codes exclude all sale items.

TERMINATION

These Terms & Conditions are effective unless and until terminated by either you or PESCA. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. You may terminate these Terms & Conditions at any time provided you cease further use of the Site. We also may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions at our sole discretion and, accordingly, may deny you access to the Site if, in our sole judgment, you fail to comply with any provision of these Terms & Conditions. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms & Conditions for all purposes.

AGE RESTRICTIONS

Persons under the age of 18 should use this Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

PRIVACY POLICY

Your submission of personal information to or through the Site is also governed by the Privacy Policy. Please review our Privacy Policy so that you may understand our privacy practices.

You agree that PESCA may use and/or disclose information about your demographics and use of the Site in a manner that does not reveal your identity.

We endeavour to provide a safe and secure online shopping experience by accessing this Site. All information that you send to us or all transactions that you made at this online store is encoded with Secure Sockets Layer (“SSL”) encryption technology and Secure Data Encryption using a 1024-bit process. This encrypts and protects the data you send us via the Internet. Your browser is in secure mode when the domain address in the address bar of your browser window begins with “https:”.

GOVERNING LAW AND JURISDICTION; DISPUTES RESOLUTION

The T&C, together with all our policies and procedures, are governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You irrevocably consent to the exclusive jurisdiction of the courts located in Hong Kong for the resolution in the event of any dispute or claim associated with these T&C or the Site.

THIRD PARTY LINKS

This Site may contain links to other websites operated by parties other than PESCA. We do not control such linked third party websites or any off-Site pages and are not responsible or liable for the contents of any such linked websites or off-Site pages. PESCA’s inclusion of links does not imply any endorsement of the material on such websites or any association with their operators. All links made to such other sites are made at your own risk and subject to the terms of use and service contained within each of such sites. We accept no responsibility for any linked sites and off-Site pages. It is your responsibility to review and understand the terms and conditions, privacy policies, settings, and functions of any third party website or off-Site pages that you visit.

YOUR ACCOUNT

In order to purchase Goods on this Site you are required to create an Account which will contain certain personal data. Please refer to our Privacy Policy for details regarding our data protection policies.

If you choose to register at the Site, you are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities or transactions that occur under your account, username and/or password. You should take all necessary steps to protect your account details and password and keep them confidential and secure. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

Please contact us immediately via enquiry@pescahk.com if you believe there is an unauthorized use of your password or account.

You may cancel your account with us at any time by emailing us at enquiry@pescahk.com. We reserve the right to refuse service and/or suspend or terminate accounts without prior notice if these T&C are violated or if we decide, in our sole discretion, that it would be in our best interest to do so. We will not be liable for any loss or damage resulting from your failure to comply with the foregoing obligations.

LIMITATION OF LIABILITY

You acknowledge that your use of this Site, including the Content is at your own risk. If you are dissatisfied with the Site, the T&C or any of the Content your sole remedy is to discontinue use of the Site.

To the maximum extent permitted by law, we are not liable under any circumstances for direct or indirect loss or damage, foreseeable or otherwise, including any direct, indirect, consequential, incidental, exemplary or special damages (including, but not limited to, loss of profit and emotional damage etc.) or any other damages of any kind directly or indirectly related to the Site, any information contained therein, your use thereof or the Services, even if we have been advised of the possibility of such damages.

TRANSMISSION AND USE OF COMMUNICATION FACILITIES

By using our web site and submitting your information to the pescahk.com network, you consent to the collection and use of this information by PESCA. Any information you transmit through this Site is subject to PESCA’s privacy policy and remains PESCA’s property. For any content that you submit, you grant PESCA a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You are prohibited from transmitting to or from this Site any unlawful, harmful, abusive, harassing, threatening, libelous, defamatory, ageist, sexist or racist; obscene, inflammatory or pornographic material, other materials that could give rise to any civil or criminal liability under law or otherwise objectionable.

You hereby agree that PESCA may use and/or disclose information about your demographics and use of the Site in a manner that does not reveal your identity. You acknowledge that we may retain copies of any and all communications made to us and we reserve the right (but not the obligation) in our sole discretion to change, condense, delete or refuse to post any User Content. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

DISCLAIMERS OF WARRANTIES

The Site and any Content on the Site are provided on an “AS-IS” AND “AS AVAILABLE” basis, neither PESCA nor our licensors make any representations of any kind of the content or warranties of any kind whatsoever, express or implied, in connection with these T&C, the operation of the Site, any information, content and materials, included on the Site, or services, including but not limited to warranties of merchantability, satisfactory quality, non-infringement or fitness for a particular purpose and title, except to the extent such representations and warranties are not legally excludable.

We give no warranty that the Site is compatible with your computer equipment or that the Site, its server or service provider will be free of technical error, virus, unauthorized intervention and interruptions. You expressly agree that the use of the Site or any portion hereon is entirely at your sole risk. PESCA is not liable for any damage you may suffer as a result of such destructive features. We disclaim all warranties to the maximum extent permitted by law.

INDEMNIFICATION

You agree to defend, indemnify and hold PESCA, our partners, licensors, officers, directors, employees, representatives and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or any Content (including User Content submitted by you), or any of our products or services purchased on the Site, or your breach of these T&C. References in this section of the Terms to your use of the Site shall be deemed to include any use by a third party where such a third party accesses the Site using your computer.

PURCHASE RELATED POLICIES AND PROCEDURES

To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.

PRICING

All prices on this Site are processed in Hong Kong Dollars (HK$). All orders are acknowledged at current pricing. We will bill at price in effect at time of the payment confirmed. Product prices listed are current however are subject to change without advanced notice.

Whilst we use our best endeavors to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we reserve the right to cancel or refuse to accept the order.

Orders will only be charged for the price of the product(s) purchased (excluding taxes and duties) and the delivery costs. Please note that on all orders placed for delivery outside Hong Kong, it is the customer’s responsibility to pay any taxes or duties that may be applicable for deliveries within their own countries.

TEMPORARILY OUT OF STOCK

In the event that an item selected is temporarily out of stock at the time of your order, you will be notified via email and advised of the expected ship date of the backordered item. Backordered items are shipped as soon as they are available. If for any reason you wish to cancel a backordered item, please contact us via email enquiry@pescahk.com.

ORDER PLACEMENT

Shopping with PESCA is easy and convenient. To review what is available to purchase simply browse the online product catalog. Rollover any product image you wish to order, click on “Add to Bag” and decide your requested quantity (maximum 6 pieces for each item per order). When you have finished selecting products for purchase, click on the shopping bag icon found on any page or click the Checkout button that will be displayed each time you add an item to your cart. Please login to continue the next step or register if it is your first online order with us. Follow the onscreen instructions to proceed through the checkout process and submit your order.

Click on the shopping bag icon to display your shopping bag with the list of the items selected for purchase, the quantities of each, and the total price of your order. It is important that you carefully check and review your selection and quantities of goods before submitting your order. Your order represents an offer by you to purchase items selected. We will deliver what you order. We regret that order cannot be changed or cancelled once it is confirmed.

PESCA will send you an email confirming receipt of your order after your payment is verified and with our acceptance. If you do not receive the order confirmation email within 2 working days, please contact us by phone 6316 7887 or email to enquiry@pescahk.com for any assistance. This email is only an acknowledgement of receipt of your order. It does not constitute an acceptance of your order. Acceptance of your order and the contract between you and PESCA will be completed when we email you a Dispatch Confirmation stating the goods have been dispatched and your payment has been accepted. Only the goods listed in the Dispatch Confirmation are subject to the sale contract. All sales contracts are made in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and are written in English. We may refuse to accept a transaction for any reason to anyone at any time at our sole discretion without any liability.

ORDER PROCESSING AND DISPATCH

We will process and dispatched all orders within 3-7 working days (exclude Saturday and Sunday). Orders are processed and shipped on business days only (Monday through Friday, excluding Holidays). Where there is a delay in the supply of goods, we will advise you as soon as practicable.

Successive orders may be joined and delivered in one parcel. At the point of placing an order with us you are deemed to be fully aware of and in agreement with our Delivery terms and conditions and postage/delivery charges and related terms and conditions.

Login to your account and you will be able to check the delivery status. Tracking number will be provided by some delivery companies we co-operate with and you will be able to check the delivery status either in our Site or via the delivery companies’ websites. Please note some local carriers may not have tracking information provided.

ORDER CANCELLATIONS

We regret that order cannot be changed or cancelled once it is confirmed. Occasionally, orders or parts of an order are cancelled if item(s) are not available or purchases limited have been exceeded. If your order is cancelled, you will receive an email notice to advise you of the cancellation. You will not be billed for any cancelled items. If you have questions about a cancelled order, please contact our customer service hotline (+852) 6316 7887 or email to enquiry@pescahk.com.

REFUND POLICY

In normal circumstances, we neither accept any cancellation nor provide any refund after order has been confirmed. We will only provide refund if item in the original order or an exchange item is temporarily out of stock and you do not accept the backordered date. Refund will be processed within 7-14 business days after confirming the cancellation of the out of stock item and will be made against the original payment method used.

RETURN & EXCHANGE

We are very confident that you will be delighted with your purchase. We aim to always provide high quality goods that are fault free and undamaged as part of our service. On occasion however, if the product delivered is damaged, defective, missing or is not your purchased item, we accept exchange within 10 business days of delivery. Please notify us immediately the above situations by emailing “a notice of exchange” to our Customer Care team at enquiry@pescahk.com within 10 business days of delivery otherwise, items shall be deemed to have been delivered in accordance with your order. The date the items were dispatched to you by us will be detailed either in the documentation with your order or by referring to the delivery record stated in your order history in My Account.

Our Customer Care team will revert back to you on whether your exchange request is successful. If so, they will provide you a “Returns Number” and with the necessary details to mail your items back to us.

We regret that we only accept exchange of goods and there will be no exchange to a different item. Refund will be made only subject to stock availability of the exchanged item (excluding any delivery charges) and will be credited to the original payment method used by you when purchasing the goods. Exchanges and refunds will be processed within 7-14 business days upon receipt of returned goods. We will email you when the items have been received and will inform you by emailing you a “product exchange confirmation” when the exchange or refund has been made.

We do not accept exchanges or returns in the case we believe it is at the convenience of customer. Returned items must be in its original, unopened, unused and in perfect, re-saleable condition (including product packaging, etc.). Please note that before providing exchange or refund for any returned product we will first verify its condition. We cannot accept returned goods that we reasonably believe have been used. In such circumstances, we will notify you that neither exchange nor refund will be available and will return such goods to you within 28 days of our notification. You will be responsible for the delivery cost in this circumstance.

When returning goods, please include the below as in the returning process:

– Original receipt or packing slip indicating “RETURN” and with a Return Number

– Your order number

– Your full name

– Purchasing date

– Product name and quantity which need to be exchanged

– Reason for exchange

When returning any goods by post or parcel service, please wrap your parcel in its original packaging and pack securely to avoid damage in transit back to us. We reserve the right to refuse an exchange for damages if it has been damaged in transit to us. You will be responsible for postage or courier charges for any returned goods. In the unlikely event of a lost package you will be responsible for claiming from your delivery company. We highly recommend sending the package via a traceability and insurance delivery method. You should obtain a receipt for the parcel you are sending. We will not be liable for any lost parcel.

Please note no return nor exchange if any product that is gifts, or has been opened or used, is not in its original conditions, is damaged or its missing parts. Each item can only be exchanged once.

PESCA reserves the right of final decision in case of any dispute or if any of the above conditions are not met.

SHIPPING

DEVLIERY ADDRESS

Each order can be delivered to one address only. If you require sending orders to multiple addresses, you will need to place a separate order for each address. We are not able to make address changes or corrections to orders once placed. If the delivery address provided by you at checkout is incorrect or incomplete, we are not responsible for the lost of your order. Please note P.O Box is not accepted as shipping address.

For security reasons, deliveries may require a signature upon receipt of order. If you will not be at your usual address during normal office hours you should provide a delivery address where someone will be available to sign for your parcel when placing orders.

In the case when the delivery agent returns an undeliverable package to us due to an incorrect or incomplete address, a PO Box and hotel address, failed delivery attempts, refuse to pay tax / refuse to provide ID copy / unable to make import declarations, parcel refused by recipient or you do not collect our parcel within a specific timeframe as stated in courier company, your order may be returned to us or the courier may apply a charge to your delivery cost which we will add to your order. Note that we will do this independently of our free delivery offer. PESCA can arrange a new delivery of your order to a corrected address. However, you will be charged for the re-delivery cost based on the original delivery method.

DELIVERY CHARGES AND SCHEDULES

PESCA are delighted to offer free shipping in Hong Kong*, Macau and Mainland China. All orders will be dispatched within 3-7 working days (exclude Saturday and Sunday).

* This service is NOT available in specified areas, including but not limited to: Man Kam To, Grass Island, Tung Lung Chau, Tung Ping Chau, Big Wave Bay, Lo Wu, Tai O Island, Siu Ho Wan and Po Toi Islands. Otherwise, to enjoy our free shipping service, please provide an alternative address outside of these areas.

Whilst we use only reputable delivery companies we do not accept any liability for delayed delivery caused by any third party. Any delivery timescales quoted to you as below are indicative only. Estimated delivery schedule is as below:

STANDARD DELIVERY SERVICE

Within Hong Kong Island, Kowloon and New Territories, shipment should arrive within 2-3 business days.

For outlying Islands or remote areas, it might take 4-7 business days.

For Macau’s order, it might take up to 7 business days.

For Mainland China’s orders especially outside Guangdong province, it might take up to 14-21 business days due to tighter postal security measures imposed by Mainland China’s customs authorities including but not limited to customs clearance and inspections.

Parcels to Mainland China might be randomly selected for customs clearance. It is subjected to a relatively longer delivery time. If orders returned to us are due to customer’s refusal to pay tax or inability to make import trade declarations, you will be responsible for the shipping fees for the return or re-shipping the goods and/or restocking fee for order cancellation.

Once the order is shipped out, the Waybill number can be obtained in the section of ‘My Account” – “My Orders History’.

Please contact the corresponding delivery companies we adopted to track your shipment.

SF EXPRESS LOCKERS

Orders can be delivered to SF Express Lockers selected by you at checkout. Under normal circumstances, shipment will arrive at the shipping address in 2-3 business days after dispatched. You will have to enter a Hong Kong phone number which should be able to receive SMS notifications when placing order. An SMS notification with the locker PIN will be sent to you upon delivery. You should retrieve your order from the selected locker. The item must be picked up within 48 hours of SMS notification otherwise goods may be returned to us and you will be responsible for all delivery cost incurred.

Please directly contact SF Express Customer for any enquiry of SF express delivery.

SF Express Customer Service Hotline: +852 2730 0273

Office Hours:

Mondays to Fridays 08:00 – 20:30

Saturdays, Sundays and Public Holidays 08:00 – 20:00

WORLDWIDE DELIVERY

We currently provide shipping to Hong Kong, Macau and China and unable to post to destinations outside of these areas.