Terms of Service

 

This site https://bigfishingfans.com (“this Site” or “Big Fishing Fans”) has been especially designed for Customers using its online shopping services. This Site is owned and operated by 公司主体名, trading as Big Fishing Fans.
 
If you wish to use the Big Fishing Fans online shopping services or browse the Big Fishing Fans or otherwise use this Site, please read these Terms and Conditions carefully before using this Site. By accessing, browsing, or using this Site or any part of it, you agree that you have read these Terms and Conditions and that you accept and agree to be bound by them.
 
1. GENERAL
 
1.1 In these Terms and Conditions, the following definitions shall apply:
 
(a) “Click and Collect” means collection of Product(s) at a selected Big Fishing Fans physical store after placing an order via this Site.
 
(b) “Customer” means any person who accesses and uses this Site and places an order with us including (without limitation) you.
 
(c) “Legal Notice and Disclaimer” means the legal notice and disclaimer applicable to this Site and all matters and services related thereto, a copy of which is accessible via here.
 
(d) “Privacy Policy” means Big Fishing Fans’s policy and practices regarding the collection, use, retention, transfer and access of personal data collected in connection with this Site, a copy of which is accessible via here.
 
(e) “Price” means the applicable price of a Product as at the time of actual transaction denominated in US dollars.
 
(f) “Product(s)” means any and all products offered for sale on Big Fishing Fans as at the time of actual transaction.
 
(g) “User Account” means an account that a Customer applied for on this Site and established after our review and approval to provide more convenience to the Customer in using this Site.
 
(h) “Terms and Conditions” means these terms and conditions, the Legal Notice and Disclaimer, the Terms of Use and the Privacy Policy.
 
(i) “Terms of Use” means the terms of use of this Site, a copy of which is accessible via here.
 
1.2 All Products sold by Big Fishing Fans through this Site are subject to these Terms and Conditions. By registering for a User Account or by submitting your order for processing at https://bigfishingfans.com either as a registered user or as a guest user, you confirm that you have read, understood and agreed to the Terms and Conditions in effect as at the time you submit your registration for a User Account or your order for purchase, as the case may be.
 
1.3 These Terms and Conditions incorporate the Legal Notice and Disclaimer, the Terms of Use and the Privacy Policy, and as far as this Site (and all matters and services related thereto) is concerned, these documents shall prevail over any other document including any Big Fishing Fans store policy purporting to have a contractual effect in the event of conflict.
 
1.4 You agree to provide accurate, complete and up-to-date registration information to register and create your User Account. For payment purposes either as registered user or guest user, you shall provide Big Fishing Fans with accurate and complete credit card information, and you represent and warrant to Big Fishing Fans that your use of the credit card or anyone else’s use of the credit card via your User Account (details of which have been supplied) is authorised and lawful.
 
1.5 Big Fishing Fans has the absolute discretion to refuse or terminate registration of a User Account by any Customers, and/or to amend or cease operation of Big Fishing Fans, Click and Collect services, delivery services and/or any services or functions provided via or in relation to this Site (in whole or in part), at any time, for any reason whatsoever and without any notice or liability to any Customers.
 
1.6 You agree that you are responsible for all activities carried out on or through your User Account, and you authorise us to assume that any person using this Site with your User Account is either you or is authorised to act for you or by you to do so. You agree to pay for every order made under your User Account and agree to indemnify Big Fishing Fans for all claims, losses and damages whatsoever made by any third party arising from or in connection with the use of your User Account (whether or not authorised by you). You shall be responsible for safeguarding your User Account and registration information including your credit card details etc., provided to Big Fishing Fans. You shall be responsible for notifying the bank of any changes to your records, or loss, theft or unauthorised use of your credit card.
 
1.7 Placing an order means you agree to purchase Products in accordance with the Terms and Conditions set out herein. After receiving your order, Big Fishing Fans will acknowledge receipt of your order. Big Fishing Fans shall make every effort to fulfil your order but shall not be liable to you if Big Fishing Fans shall decline or become unable to fulfil an order for whatever reason, including supply shortage or supply modification, or consider unreliable for credit reason or otherwise in its sole discretion.
 
1.8 You shall ensure that your password to your User Account is kept strictly confidential to prevent unauthorised use and shall regularly update your password. You shall immediately change your User Account password and notify us if you reasonably suspect that there has been any unauthorized access or use of your User Account and/or disclosure of your User Account password. Big Fishing Fans shall use its best endeavours to prevent any unauthorised access to https://bigfishingfans.com. Big Fishing Fans shall not be liable for any losses or damages whatsoever if any third-party gains unauthorised access to this Site or any User Account.
 
1.9 The general maximum order quantity for any one transaction is 40 pieces per product, or such other quantity as specified by Big Fishing Fans at the time of the actual transaction. Big Fishing Fans will set, adjust, or limit the maximum daily order limit (including the number of orders, the number of products and/or the total amount of orders) per guest user or user account (including registered emails and/or registered phone numbers) based on the inventory of each product. All orders are subject to acceptance by Big Fishing Fans at its sole discretion and are subject to stock availability and the terms and conditions of the relevant offer.
 
1.10 Products and Prices displayed on this Site are for reference only and are subject to alteration or modification as at the time of actual transaction.
 
1.11 In the event that your User Account is not used for a specified period (currently 24 months), Big Fishing Fans will, for your own and our protection, deem your User Account to be no longer in use and Big Fishing Fans will deactivate your User Account and all your accumulated points and/or e-vouchers will be forfeited (if applicable).
 
2. PRICE
 
2.1 Big Fishing Fans shall make every effort to ensure that Prices, details and sizes of Products detailed on https://bigfishingfans.com are up-to-date but Big Fishing Fans reserves the right to vary the Price and other details of the Products or range of Products listed on this Site, without prior notice or any liability.
 
2.2 Prices listed on https://bigfishingfans.com are for online purchase only.
 
2.3 There may be discrepancies between the online bill and the final bill due to out-of-stock products, special offers and other unforeseen circumstances. Big Fishing Fans reserves the right to adjust the online bill and such adjustments will be marked on the final bill presented to the Customer at the time of delivery or order pick-up, and the Customer shall be charged in accordance with such final bill.
 
Big Fishing Fans may from time to time and at its absolute discretion set credit limits for any Customer and/or limit sales to any Customer including denying sales to re-sellers.
 
2.4 All Price do not include delivery charges.
 
2.5 Pricing of products sold by Big Fishing Fans is displayed and settled in U.S. Dollars (US$). Other currency as the payment method is NOT supported.
 
3. PAYMENT
 
3.1 Big Fishing Fans accepts PayPal or credit card (VISA, MasterCard, DISCOVER, American Express) as payment methods.
 
3.2 Big Fishing Fans may change at any time the method by which payments for orders at https://bigfishingfans.com may be affected and such changes may be notified to you by e-mail, mailshots or by notice shown on this Site.
 
3.3 Where there are additional charges for delivery or Click and Collect, such charges will be set out separately for your acknowledgment and confirmation prior to proceeding to payment.
 
4. DELIVERY SERVICE
 
4.1 All expected delivery dates and times are estimated only, and you will receive prior notification from us in relation to actual delivery arrangement once your order and delivery are confirmed. For any orders placed by you for delivery by Big Fishing Fans, Big Fishing Fans shall use reasonable endeavours to deliver the Products ordered to the delivery address provided by you, Big Fishing Fans shall not be liable for any delays, change of delivery time or non-delivery for causes beyond its control.
 
4.2 Big Fishing Fans shall deliver the Products as listed on a Customer’s “My Shopping Cart” on this Site following the completion of an order. The Customer is required to include all purchase items (including free gifts and redemption items, if any) in the shopping cart when placing the order.
 
4.3 Big Fishing Fans (in its sole discretion) will only provide delivery to below countries and regions: Hong Kong, Macau, Canada, U.S., SEA regions and UK. Delivery service will not be provided on Sunday and public holiday.
 
4.4 You shall notify Big Fishing Fans promptly via our customer service by sending email to sales@bigfishingfans.com of any changes to the information provided including delivery address so that Big Fishing Fans can communicate with you effectively and to deliver the Products to you.
 
4.5 Big Fishing Fans will charge the delivery fees according to different regions:
 
Singapore 3-5 business days Free shipping Hong Kong 5-7 business days US$15 South East Asia Region 5-7 business days US$15 North America Region 5-7 business days US$25 UK 10-15 business days US$25
 
Big Fishing Fans will NOT be liable for the loss of items following their delivery to your address. Big Fishing Fans reserve the right to use a substitute delivery courier or service. In such circumstances, Big Fishing Fans reserves the right to charge you an extra delivery fee. Please feel free to get in touch to discuss alternative delivery options if required.
 
4.6 Big Fishing Fans reserves the right to decline delivery of the Products to any Customers at its sole discretion absolutely.
 
4.7 In case of any dispute, the decision of Big Fishing Fans is final and binding.
 
5. CLICK AND COLLECT ORDER
 
5.1 All expected pick-up dates and times are estimates only, and you will receive prior notification from us in relation to actual pick-up arrangement once your order and pick-up request are confirmed. Big Fishing Fans shall not be liable for any delays for causes beyond its control.
 
5.2 Big Fishing Fans shall prepare Products as listed on a Customer’s “My Shopping Cart” on this Site following the completion of an order. The Customer is required to include all purchase items (including free gifts and redemption items, if any) in the shopping cart when placing the order.
 
6. CANCELLATION OF ORDER
 
6.1 The Customer may cancel the order after placing the order successfully on this Site without incurring costs.
 
6.2 If the Product ordered by the Customer is unavailable, the Product will be deleted from the Customer’s order and the bill will be adjusted accordingly.
 
6.3 All discount items, free gifts and redemption items are subject to stock availability. No substitution and no prior notice will be made if stock is not available.
 
7. RETURN OF PRODUCTS / REFUND
 
7.1 Under normal circumstances, unless approved by Big Fishing Fans at its sole discretion, Big Fishing Fans will not accept any request for return or refund of Products upon delivery or collection of Products.
 
7.2 Big Fishing Fans shall use reasonable efforts to ensure that orders are correctly fulfilled and shall deal with any discrepancies in the following manner, provided they are reported via the below channels in accordance with the timelines specified below:
 
(a) If any Product proves to have been delivered or provided for pick-up in a damaged condition, expired, omitted in the delivery/pick-up, or if a wrong Product is delivered/provided for pick-up, Big Fishing Fans shall refund to the Customer the Price of that subject Product or replace the subject Product.
 
(b) Customers can raise the refund request by logging in https://bigfishingfans.com, check the order history, look up for the corresponding order and follow the instruction to submit the refund request within 14 days of receipt of the delivery or pick-up. Customer can also contact our customer service for refund request within the aforesaid 14 days by sending email to sales@bigfishingfans.com.
 
(c) If any Product which was not included in the Customer’s order is delivered to the Customer or provided for pick-up by mistake, Big Fishing Fans reserves the right to collect those Products.
 
(d) If the Customer is charged more than the Price of a Product, Big Fishing Fans shall refund to the Customer the difference.
 
(e) Big Fishing Fans will not refund or rectify discrepancies as aforesaid 14 days after delivery/order pick-up.
 
(f) All gift items / stamps must be returned together with the returned Products. Otherwise, Big Fishing Fans reserves the right of final decision in refund approval.
 
7.3 Big Fishing Fans’s total liability to any Product delivered/picked up in the aforesaid circumstances is limited to refund of the Price of the Product or replacement specified above. All other remedies are expressly excluded.
 
7.4 Refunds shall be credited to the same credit card account which the Customer used for placing the order.
 
7.5 In case of dispute, Big Fishing Fans reserves the right of final decision.
 
8. PERSONAL DATA AND INFORMATION
 
8.1 In order to use this Site or register with us and create a User Account, it is necessary to provide us with the personal data that is indicated as “mandatory” on the registration or payment page on this Site. If you are unable or unwilling to provide us with complete and correct personal data that is indicated as “mandatory” on the registration or payment page, Big Fishing Fans may not be able to register a User Account for you or provide you with some of our services.
 
8.2 You expressly agree and acknowledge that all personal data collected by Big Fishing Fans shall be managed in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) and the Privacy Policy which is accessible here, which may be amended from time to time.
 
9. FORCE MAJEURE
 
Big Fishing Fans shall not be liable for any delay or non-performance of its obligations under the Terms and Conditions or this Site (including, without limitation, delivery or pick-up of an order), to the extent that such delay or non-performance is due to any circumstances beyond the reasonable control of Big Fishing Fans (which shall include, but not be limited to, fire, casualty, accident, act of God, natural disaster, pandemic, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Big Fishing Fans).
 
10. VARIATION OF TERMS AND CONDITIONS
 
Big Fishing Fans reserves the right to amend these Terms and Conditions in its sole discretion and without prior notice to Customers. You are reminded to review the Terms and Conditions prior to submitting any order or registering a User Account. Once an order is placed or a User Account is registered, you are deemed to have accepted the Terms and Conditions prevalent at the time.
 
11. THIRD PARTY RIGHTS
 
Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, these Terms and Conditions are personal to and are made solely for the benefit of the parties to them and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any term of these Terms and Conditions are expressly excluded and no terms of these Terms and Conditions are, or are intended to be, enforceable by any person not being a party to them. Notwithstanding the foregoing in this paragraph, third party rights under these Terms and Conditions shall be enforceable by World Ready Limited. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to these Terms and Conditions, or any term of these Terms and Conditions, are not subject to the consent of any third party.
 
12. APPLICABLE LAW
 
These Terms and Conditions shall be governed by the laws of the France Special Administrative Region and you and Big Fishing Fans agree to submit to the exclusive jurisdiction of the France courts.
 
The website is jointly operated by Siki Eagle Sarl and World Ready Limited
 
Company: Siki Eagle Sarl
Address: 1, Esplanade Miriam Makeba, 69100 Villeurbanne, France (Not return address)
 
Company: 公司主体名
Address: 地址
 
13. SEVERABILITY
 
13.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, it shall be severed from these Terms and Conditions and shall not affect the remainder of the Terms and Conditions which shall continue in full force and effect.
 
13.2 A failure or delay by us to exercise any right or to act upon a breach under these Terms and Conditions will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of these Terms and Conditions must be in writing, and such waiver is limited to the right or breach stated in these Terms and Conditions.
 
13.3 Big Fishing Fans have the absolute discretion to make changes to any of these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions is available on this Site.
 
13.4 These Terms and Conditions set out the entire agreement relating to the supply of goods to you by us via this Site and they supersede all previous negotiations, representations and agreement between the parties.