General Terms and Conditions of Quooker Hong Kong Limited
Article 1 - Definitions
1.1 In these general terms and conditions, the following terms shall have the following meaning, unless explicitly stated otherwise.
Agreement: the contract between Quooker and the Consumer made as described in article 3;
Cancellation Period: the period set out in article 4 within which the Consumer can cancel an Agreement;
Cylinders: the CO₂ cylinders available for purchase from the Webshop either as part of the CUBE system or purchased standalone to supplement a CUBE system already owned;
Consumer: the natural person (not acting mainly or wholly in the course of a profession, business or trade) that purchases Products via the Webshop;
Hong Kong: the Hong Kong Special Administrative Region of the PRC;
Order: the order placed by the Consumer via the Webshop for Products;
PRC: the People’s Republic of China (excluding Hong Kong, the Macao Special Administrative Region (“Macao”), and the Republic of China (“Taiwan”);
Products: any product or products available for purchase via the Webshop from time to time, including all taps, tanks, Accessories, Cylinders, CUBE filters, and cartridges;
Quooker: the private company limited by shares registered in Hong Kong Quooker Hong Kong Limited (company no. 2877861), having its registered office at 11/F, Unit B, Winbase Centre, 208 Queen’s Road Central, Sheung Wan, Hong Kong;
Website: the website of Quooker, at https://www.quooker.hk/ and all associated subdomains; and
Webshop: the web shop of Quooker, accessible via the Website.
Article 2 - Applicability
2.2 Our Website is solely for the promotion of Quooker’s Products in Hong Kong.
2.3 Each article of these general terms and conditions is separate and if any court or relevant authority decides that any of the articles are unlawful or unenforceable, the other articles will remain in full force and effect.
2.4 Orders can only be placed via the Webshop by Consumers who are aged 18 or older.
Article 3 - Making an agreement
3.1 After the Consumer has placed his or her Order and the payment has been made successfully in the manner stipulated in the Webshop, the Consumer shall immediately receive an electronic confirmation of receipt from Quooker.
3.2 An Agreement is made and is binding on Quooker and the Consumer when Quooker emails the Consumer with this confirmation of the Order via the Webshop. If Quooker is unable to accept the Consumer’s Order, Quooker will inform the Consumer and will not charge the Consumer for the Products purchased.
Article 4 - Right to cancel (changing your mind)
The Consumer can cancel each Agreement at any point from the time of ordering until fourteen (14) days after the Consumer, or a third party appointed by the Consumer, has received the ordered Products, without giving any reason. The Consumer must comply with article 6 below or he or she may lose this right to cancel.
Article 5 - Obligations of the consumer during the cancellation period and prior to the return of the products
5.1 During the Cancellation Period and during the period of return transport the Consumer is responsible for the Products. The Consumer will handle the Products and the packaging carefully. Except where Products are installed by Quooker in accordance with article 9.1.1, the Consumer shall only open and / or unpack the Products to the extent necessary to determine the nature, characteristics and functioning of the Products.
5.2 If the Consumer does not adhere to article 5.1 and this results in any damage to the Products or a diminution of their value, then the Consumer is responsible for this. This means that Quooker may deduct an amount equal to the cost of the damage or diminution in value and the Consumer will not be entitled to full reimbursement of the purchase price as referred to in article 7.
Article 6 - Exercise of right to cancel under article 4
6.1 If the Consumer exercises his or her right to cancel under article 4, he or she must notify Quooker within the Cancellation Period by posting the completed standard withdrawal form attached to these general terms and conditions and available on the Website to Quooker Hong Kong Limited, 10/F, YF Life Tower, 33 Lockhart Road, Wanchai, Hong Kong, or by sending an email to Quooker at firstname.lastname@example.org
6.2 Where the Consumer is exercising their rights under article 6.1 and is returning Products which have not been installed:
6.2.1 the Consumer must return the Products to Quooker as soon as possible, but no later than within fourteen (14) days from the day following the Consumer’s notification of cancellation. This deadline is met if the Consumer sends the Products back before this fourteen (14) day period has expired; and
6.2.2 the Consumer bears the costs of returning the Products.
6.3 Where the Consumer is exercising their rights under article 6.1 and is returning Products which have been installed under article 9, either:
6.3.1 the Consumer can arrange for the Products to be un-installed by Quooker, by emailing Quooker at email@example.com as soon as possible, but no later than within 14 days from the day following the Consumer’s notification of cancellation to Quooker and Quooker will take the Products after completing the un-installation; or
6.3.2 the Consumer can arrange for the Products to be un-installed by a third party, as soon as possible but no later than within 14 days from the day following the Consumer’s notification of cancellation to Quooker and the Consumer must return the Products to Quooker. The Consumer is responsible for the Products during any un-installation carried out by a third party and for the return of the Products.
6.4 The Consumer bears the costs of any un-installation and return of the Products under article 6.3.
6.5 Where the Consumer is returning the Products under this article 6, the Consumer can either return the Products by posting the Products to Quooker Hong Kong Limited, 10/F, YF Life Tower, 33 Lockhart Road, Wanchai, Hong Kong, or (if the Products are not suitable for posting) allow Quooker to collect them. Please call customer services on +852 2386 6326 or email Quooker at firstname.lastname@example.org for a return label or to arrange collection
6.6 If there is any dispute over whether the Consumer has properly exercised the right to cancel correctly, the onus is on the Consumer to prove this.
Article 7 - Quooker's obligations in the event of cancellation under article 4
7.1 If the Consumer exercises his or her right to cancel under article 4 and the Products are undamaged and resalable, Quooker will reimburse the purchase price of the Products within fourteen days after receiving the returned Products or if earlier, within fourteen days of the day on which the Consumer provides evidence that he or she has sent them back. Quooker may withhold reimbursement until this time.
7.2 The refund will be made by the same payment method as used by the Consumer (e.g. returned to the same credit or debit card), unless the Consumer agrees to another payment method.
7.3 The Consumer is not liable for any damage caused by Quooker to the Products where the Products have been un-installed and returned by Quooker in accordance with article 6.3.1. The Consumer remains liable for the Products where they are un-installed and returned by a third party in accordance with article 6.3.2.
Article 8 - Delivery
8.1 The costs of delivery will be as displayed on the Website and/or Webshop.
8.2 Quooker takes the most reasonable care when receiving and delivering Orders, however delivery times stated on the Website or a confirmation are indicative only and if they are not met, no compensation is payable, unless the parties have expressly agreed otherwise in writing.
8.3 Quooker will try to ensure delivery is made by any estimated date set out in the Order confirmation, and in any case within thirty (30) days of confirmation of the Order, unless a longer delivery period has been agreed. In the case of unreasonably late delivery the Consumer has the right to cancel the Order in the manner stated in article 6.1. Quooker will then refund the purchase price of the ordered Products.
8.4 Delivery shall be made to the address that the Consumer has made known to Quooker at the time of placing the Order via the Webshop.
8.5 In case of a delay caused by events or circumstances outside of Quooker’s control as referred to in article 16 of these general terms and conditions, Quooker will take steps to minimise the effect of the delay. The agreed delivery time will be extended by the time that the event or situation outside of Quooker’s control continues, unless there is a risk of substantial delay, in which case the Consumer may contact Quooker at email@example.com to end the Agreement and receive a refund of the price paid for any Products that the Consumer has paid for but not received.
8.6 If the Consumer does not provide at the required time, complete and accurate information or instructions that have been notified to the Consumer as being necessary to make delivery, Quooker is entitled to reject the Order and/or end an Agreement.
Article 9 - Installation
9.1 Where the Consumer purchases Products which require installation as stated on the Webshop, the Consumer can either at its choice:
9.1.1 request Quooker to carry out the installation, for the additional cost as stated on the Webshop by including installation as part of the Consumer’s Order; or
9.1.2 arrange for a third party engaged by the Consumer to carry out the installation required at the Consumer’s cost and at the Consumer’s risk.
9.2 Where installation is carried out by Quooker under article 9.1.1, Quooker shall use reasonable care and skill in carrying out such installation.
9.3 Where the Consumer arranges for a third party to carry out the installation, Quooker shall have no liability to the Consumer in connection with any damage caused to the Products and/or by any failure of the Products to function correctly due to the work carried out by the third party, which will be provided entirely at the Consumer’s risk.
Article 10 - Ownership of products
Except in relation to ownership of Cylinders under article 11, the Consumer will own any other Products purchased from the Webshop from the date the Consumer makes payment for such Products under article 13 below.
Article 11 - Ownership of cylinders
11.1 Quooker remains the owner of all Cylinders at all times, including following delivery. The Consumer therefore does not become the owner of the Cylinders.
11.2 The Consumer is not permitted to sell Cylinders and/or otherwise supply them to third parties or dispose of them and will not create any rights over them in favour of third parties.
11.3 If third parties seize Cylinders that belong to Quooker, the Consumer must immediately inform Quooker of this. The Consumer is obliged to immediately notify the third party of Quooker's rights to the Cylinders.
11.4 The Consumer shall only become the owner of Cylinders if the Consumer has paid the invoice sent by Quooker for non-returned Cylinders as stated in article 12.5 of these general terms and conditions and then only for the relevant Cylinder(s) that have not been returned and have been paid for.
Article 12 - Return of cylinders
12.1 The Consumer may have a maximum of eight (8) Cylinders in stock per Webshop user account. In so far as multiple accounts are linked to one billing address, a maximum of eight (8) Cylinders may be in stock at this billing address. Quooker will not fulfil any Order(s) in excess of eight (8) Cylinders and in the event that Quooker does deliver in excess of the maximum permitted, the Consumer has an obligation to return these Cylinders in accordance with this article 12.
12.2 If the Consumer has reached the permitted stock of a maximum of eight (8) Cylinders, the Consumer will receive a return label for the return of the used Cylinders for the subsequent Order.
12.3 Even if the maximum permissible quantity of eight (8) Cylinders has not yet been reached, used Cylinders can be returned to Quooker. The Consumer can indicate that he/she wishes to make use of this opportunity during the ordering process on the Webshop. Quooker then sends a return label with the Order. The used Cylinders must be returned in batches of four (4) Cylinders. For the return, the Consumer can use the box in which the Consumer has received the Cylinders from Quooker. The Cylinders can be returned free of charge via [Quooker Hong Kong Limited, 10/F, YF Life Tower, 33 Lockhart Road, Wanchai, Hong Kong]
12.4 The Consumer is obliged to return the used Cylinders to Quooker within sixty (60) days of the date of dispatch of the return label.
12.5 If the Consumer does not return the Cylinders within the term specified in article 12.4 of these general terms and conditions, or if the Cylinders are not returned in batches of four (4) or are returned in a damaged or unusable form, or if any of the events referred to in article 17 arise, an amount of [HKD 450] will be charged to the card or account that the Consumer purchased the Cylinders with.
Article 13 - Payment
13.1 The prices are as shown in the Webshop and are inclusive of VAT. The price shown only applies to the Order placed. Quooker has the right to change the prices for the Products stated on the Website from time to time. This means that a different price may apply to any future Orders.
13.2 Payment must be made using the permitted payment methods indicated in the Webshop. Payment must be made on dispatch of the Products. Quooker will not charge the Consumer until Quooker have dispatched the Products, unless another payment period or any other method of payment is explicitly agreed in the relevant Agreement.
13.3 The Consumer must immediately report to Quooker any inaccuracies in the payment details stated or which the Consumer has provided.
13.4 Additional charges may be applied and invoiced for unreturned Cylinders in accordance with article 12.5 of these general terms and conditions.
13.5 If the Consumer believes that the prices for the Products or the payment made is incorrect then the Consumer should inform Quooker as soon as possible.
13.6 If the Consumer does not pay for the Products within 14 days from the date of dispatch referred to in article 13.2, Quooker may charge interest to the Consumer on the overdue amount at the rate of 3% a year above the base lending rate of the Hang Seng Bank’s Interbank Offered Rates (“HIBOR”) from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Consumer must pay interest together with any overdue amount.
13.7 The Consumer will not have to pay any interest on disputed sums until the dispute is resolved. Once the dispute is resolved Quooker will charge the Consumer interest on correctly stated prices from the original due date.
13.8 If Quooker owes any amount to the Consumer, it is entitled to set off this amount against outstanding amounts from the Consumer.
Article 14 - Quality and guarantee
14.1 Quooker is under a legal duty to supply Products that are in conformity with each Agreement, as described, fit for purpose and of satisfactory quality.
14.2 Quooker guarantees that the Products it supplies meet the applicable legal requirements and standards.
14.3 In relation to the Cylinders only, this guarantee is limited to the duration of the best-before date, which is stated on the Cylinders.
14.4 Where there are problems with the Cylinders, Quooker will determine whether there is a problem with the Cylinder or the Quooker CUBE. If the problem is with the Cylinder, Quooker will replace the Cylinder free of charge, provided it has been informed by the Consumer within 60 days of the Consumer becoming aware of the problem.
14.5 Work to be performed under this guarantee will only be performed during normal working hours.
14.6 Explicitly excluded from this guarantee are defects caused by misuse, insufficient maintenance, negligence, accident and/or normal wear and tear. "Misuse" includes, but is not limited to, unauthorized use of the Products and/or failure to comply with use, installation and replacement instructions. The terms and conditions of use and instructions can be found in these general terms and conditions and/or on the Products and/or the packaging thereof and/or on the Website. In these excluded cases and after the best-before-date of the Cylinders, the Consumer cannot claim under the guarantee in article 14.2.
14.7 Advice about the Consumer’s legal rights and remedies is available from the Consumer’s Citizens’ Advice Bureau. Nothing in these general terms and conditions, including the above guarantee will affect these legal rights and remedies.
Article 15 - Liability
15.1 The Products may only be used in accordance with the Quooker Terms and Conditions. If such Products are used for other purposes, or in contravention of article 15.2 or the Quooker Terms and Conditions, or if the Cylinders are used after the best-before-date stated on the Cylinders, Quooker is not liable for the resulting damage. However, no provision of these general terms and conditions will affect the Consumer’s legal rights for defective goods or otherwise.
15.2 Within 14 days after receipt, the Consumer will check whether the Products have visible defects and/or damage. If this is the case, the Consumer will not use the relevant Products and contact Quooker to exchange the relevant Products.
15.3 Quooker only supplies the Products for domestic and private use. If the Consumer uses the Products for any commercial, business or re-sale purpose Quooker will have no liability to the Consumer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Article 16 - Circumstances outside of Quooker's control
Quooker is not liable for delay as a result of circumstances that are outside of its control, including but not limited to: unusual levels of delay at borders or traffic congestion, strike and lock-out, fire, war or danger of war, storm or water damage, epidemic, riots or civil war, transport or manufacturing failures or insolvency or other failures of its sub-suppliers or any other unforeseeable policies or regulations of or by any governmental or regulatory authorities.
Article 17 - Termination by Quooker
Where a Consumer is bankrupt or in breach of this Agreement (and in the case of a breach capable of remedy, whether the Consumer has remedied the breach within 14 days of notification from Quooker) Quooker may terminate this Agreement and article 12.5 will apply.
Article 18 - Complaints and alternative dispute resolution
18.1 Complaints about the performance of an Agreement and/or the Products delivered must be submitted fully and clearly to Quooker using the following contact details:
Quooker Hong Kong Limited
10/F, YF Life Tower,
33 Lockhart Road,
Wanchai, Hong Kong
18.2 Complaints will be answered within a period of fourteen (14) days from the date of receipt. If a complaint requires a foreseeable longer processing time, Quooker will reply within the period of fourteen (14) days with a notice of receipt and an indication when the Consumer can expect a more detailed answer.
18.3 The Consumer must give Quooker at least four (4) weeks to resolve the complaint in mutual consultation.
18.4 If the Consumer is not happy with how Quooker has handled a complaint, the Consumer may want to contact Consumer Council.
Article 19 - Customer data
19.2 The Consumer is obliged to keep its customer and (possible) payment details as stored in the user account for the Webshop up to date.
Article 20 - Applicable law and courts
20.1 All Orders and Agreements for the supply of Products through the Webshop are governed by the Laws of Hong Kong.
20.2 Subject to article 18, disputes between Quooker and the Consumer shall be exclusively dealt with by the courts of Hong Kong.
Article 21 - Modification of general terms and conditions
21.1 Quooker is at all times entitled to change or supplement these general terms and conditions. This means that for subsequent Orders (even if they are placed through the same user account) other terms and conditions may apply.
21.2 The changes will take effect four (4) weeks after the announcement to the Consumer, or at a later date as mentioned in the announcement, unless a different statutory period is required, which is then applied.
21.3 If the Consumer does not wish to accept the change, he can terminate this Order in writing with effect from the day on which the change takes effect and receive a refund for any Cylinders paid for but not received.