Serve
1.1 We are Merlot Hong Kong (Pawttons Global Limited’s sole agent in Hong Kong) (hereinafter collectively referred to as “we”, “us”, “the Company” or “Merlot HK”) and we own and operate this website. Our website provides a convenient way to shop online and access different content at any time through the Internet, including the use of our applications or software (hereinafter collectively referred to as the “Services”).
1.2 By using our website, you agree to be bound by the following terms and conditions. Please read them carefully.
1.3 We reserve the right to amend the Terms and Conditions from time to time without prior notice. The amended Terms and Conditions shall take effect from the date of publication on our website. Your continued access and use of our website and services shall constitute your unconditional acceptance of the latest version of the Terms and Conditions.
1.4 The following are the definitions of certain terms used in these Terms and Conditions:
1.4.1 "We", "our" or "us" means (name of the person or company providing the services).
1.4.2 "You" or "Your" means the person to whom we are providing services or delivering goods and who is required to pay for the goods we deliver. 1.4.3 "Content" means all text, graphics, logos, icons, photographs, images, moving visual expressions or sounds and combinations of such images, audio, computer programs or other information used in connection with our website.
1.4.4 “Goods” means the goods (including but not limited to food and beverages) that you order through our Website and for which you will pay.
1.4.5 “Intellectual Property Rights” means all patents, trademarks, domain name rights, design rights, copyright and database rights (whether registered or not, and any application for registration or right to apply for any of the foregoing), rights in Confidential Information and all intellectual property rights of a similar or corresponding nature which may subsist now or in the future in any part of the world.
1.4.6 “Service” has the meaning set out in Clause 1.1.
1.4.7 “Supplier” means the seller and supplier of the goods you order through our website.
1.4.8 “Website” means our website located at www.merlotstore.hk and its related websites.
1.4.9 “User Content” has the meaning given to it in Clause 11.1.
register
2.1 When you use our services or place an order, you will need to register with us. Registration is followed by your representation, which we are entitled to rely on, that you are over 18 years of age and are able to enter into a legally binding contract.
2.2 You represent to us and to the suppliers of all goods on our website that all goods purchased by you through our website are within the scope of your authorization to enter into the contract.
2.3 In order to use our services, you agree to:
2.3.1 provide true, accurate, current and complete personal information when completing our registration form; and
2.3.2 Update your registration information promptly to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, out of date or incomplete, we have the right to suspend or terminate your registration.
Order
3.1 When placing an order, you are offering to buy the goods you specify from the supplier at a specified price for that good. You cannot cancel an order even if our acceptance or rejection of your order is still pending.
3.2 We will confirm your order by email, confirming that we have received your order. The confirmation will provide:
3.2.1 Details of your order,
3.2.2 Details of the prices charged,
3.2.3 Order progress information, and
3.2.4 Estimated shipping and arrival information.
3.3 This communication will constitute the Supplier's acceptance of your order. You can track the status of your order online.
3.4 Our acceptance of your order will only cover the goods mentioned therein and may not include all the goods you have ordered. If this is the case, our acceptance of the remaining goods in your order will only occur when we send you a further acceptance notice in respect of the remaining goods in your order.
3.5 The availability of the Goods is as shown on the Website and is updated regularly by the Supplier. They should not be regarded as a definitive statement as to whether the Goods you wish to purchase are actually in stock.
3.6 We reserve the right to not accept or cancel an order at our absolute discretion, including but not limited to:
3.6.1 Failure to provide sufficient stock of the goods you ordered;
3.6.2 delivery cannot be arranged for your area; or
3.6.3 one or more of the products you ordered was incorrectly priced due to human or computer error or error in pricing information provided by the supplier.
3.7 If we cancel your order we will notify you by email and will credit your account within thirty (30) days of the date of your order for any amount we may have debited from your credit card. You agree that we have no liability to you for any disappointment you suffer.
Price and Payment
4.1 If, at the time we are ready to send you your order acceptance, the price of the goods is higher than when you placed your order, we will:
4.1.1 cancel your order; or
4.1.2 Contact us and ask whether you are willing to pay a higher price or cancel your order.
4.2 If we cancel your order, we will refund any amount we have debited from your credit card if you have already paid any money. You agree and accept our responsibility to compensate us for any disappointment we may suffer.
4.3 We only accept payment by Visa and MasterCard credit card. When you place an order, you authorize us to debit the deposit from the credit card you specify on your order when we send you your order acceptance notification.
4.4 We use third-party payment services to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed and stored by us and a payment service provider and will be subject to their terms and conditions. You agree and accept that you are fully responsible for any losses you incur or suffer when making credit card transactions, and in no event will we be liable for any such losses in whole or in part.
deliver goods
5.1 We only deliver to designated areas in Hong Kong from Monday to Sunday, 2 days before the Lunar New Year and when Typhoon Warning Signal Level 8 or above or Black Rainstorm Warning is in effect. We currently do not deliver to remote areas and outlying islands, as well as buildings without elevator facilities. We reserve the right to refuse delivery. You agree and accept that you will collect your ordered goods from our logistics center and no order cancellation or refund will be accepted under any circumstances.
5.2 We will send the goods you order to the delivery address you specify when placing the order through our staff or third-party suppliers. When you receive the goods, you agree to show your photo identification when requested. When the goods are delivered to your specified address, the goods shall be deemed to have been delivered and accepted by you. If you are unable to receive the goods for any reason, we have the right to choose to charge you additional fees or cancel your order without providing any refund or compensation.
5.3 Unless otherwise specified, we will endeavour to deliver your order within 24 hours of accepting your order. If arranged online in advance, you will be able to choose any delivery time slot available at that time.
5.4 We may dispatch the Goods in batches and some Goods may be dispatched directly from the supplier. Any specified dispatch time, delivery time or delivery time and date for the Goods are estimates only. If we are unable to meet any specified dispatch or delivery date or time, we will inform you of the progress of your order. You agree and accept that we will not accept cancellation or refund of orders under any circumstances.
5.5 You will become the owner of the goods when you receive them. Once the goods are sent to you, they will be at your own risk and we will not be responsible for any loss or damage.
5.6 Unless otherwise specified, detailed delivery charges and free delivery thresholds are available on our website (including our apps and software). We reserve the right to amend the free delivery thresholds at any time and from time to time.
Return or Exchange
6.1 No returns or exchanges of goods will be accepted unless otherwise specified. Please read the supplier's specified return or exchange policy carefully before placing an order.
6.2 Subject to the respective Supplier’s return or exchange policy, if the Goods you order are defective, faulty or damaged (without your responsibility), or the Goods do not correspond to what you ordered, or the wrong quantity was delivered, you may return or exchange the Goods within seven (7) days of receiving them, provided that:
6.2.1 the applicable return or exchange policy;
6.2.2 the Goods are unused and in the same condition as originally sold, including all parts and accessories supplied with the Goods, such as manuals, certificates, labels, tags, consumables, bags and boxes;
6.2.3 The packaging of the goods must be in the same condition as when they were delivered to you;
6.2.4 Make a return or exchange request online to our customer service representative and return the goods to the supplier from the delivery address through our free collection within the limited period specified by the supplier.
6.3 You agree and accept that goods may be exchanged based on stock availability.
6.4 You agree and accept that whether or not the goods are accepted for return or exchange will be entirely at the supplier's discretion. Under no circumstances will we directly accept the return of any goods and will not be liable for your damages for any reason.
Insurance Products
7.1 The insurance products offered on this website are provided and underwritten by insurance providers who are authorised by the Insurance Authority to carry on insurance business in Hong Kong.
7.2 The contract for any insurance product is between you and the insurance provider. All insurance products are subject to the terms and conditions of the contract between you and the relevant insurance provider, including but not limited to those displayed on the insurance product page on our website.
7.3 No insurance coverage shall be deemed to be binding or effective unless the Insurance Provider issues a policy number to you.
7.4 We are an authorised insurance agent for the Insurance Providers. Premiums will be paid to the Insurance Providers and we will receive a commission from the Insurance Providers as remuneration.
7.5 Our role is limited to distributing insurance products and we are not responsible for any matters related to the insurance products we provide.
7.6 We do not provide financial, legal, accounting or tax advice in any way. You are reminded to check the relevant product materials provided by your insurance provider and seek independent advice if necessary.
Disclaimer and Limitation of Liability
8.1 We do not guarantee that your access to our website (including use of our applications or software) or any part of it will be uninterrupted, reliable or error-free.
8.2 We do not guarantee that our website or any of its content will be accurate, complete or reliable.
8.3 We do not guarantee that:
8.3.1 any services (whether provided by us or by others) will be provided with due care and skill; or
8.3.2 We do not warrant that any goods (whether or not supplied by us) will be of commercial quality or fit for any purpose (even if such purpose has been notified to us in advance).
8.4 You agree that the transmission of data over the internet cannot be guaranteed to be completely secure. Although we strive to protect such information, we cannot guarantee the security of any information you transmit to us. Any information you transmit to us is transmitted at your own risk.
8.5 To the extent permitted by law, we exclude any liability we may have to you (whether in contract, tort or otherwise and whether or not due to our negligence) for:
8.5.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on our website (including use of our applications or software) or in any information;
8.5.2 the unavailability of our website (or any part of it), goods or services;
8.5.3 any delay in providing, or failure to provide or supply goods or services, or any negligent provision of goods or services;
8.5.4 any Goods are not of commercial quality or fit for their intended purpose; or
8.5.5 Any misleading statements on our website, products or services.
8.6 Except as required by law:
8.6.1 We are not liable to you for any indirect or consequential loss, damage or expense, including loss of profit, loss of business or loss of goodwill, arising from any problem you notify us of;
8.6.2 We will have no obligation to pay any compensation to you except as otherwise provided in these Terms and Conditions.
8.7 You must comply with all applicable regulations and laws, including obtaining all necessary customs, import or other permits to purchase goods from our website. We make no representations and accept no liability in relation to the import or export of goods you purchase.
8.8 You agree that each limitation is reasonable having regard to the nature of our website and, in particular, taking into account that when you purchase goods through our website you will be entering into a separate contract with the supplier in each case.
8.9 None of the above exclusions affect any statutory rights which cannot be excluded. However, in such cases, our obligations will be limited to resupplying our services or goods to you, as permitted by law.
8.10 Any of the above exclusions or limitations shall be construed as separate and severable provisions of these terms and conditions.
9.1 You promise and warrant that you will not:
9.1.1 use our website for any fraudulent or illegal purpose;
9.1.2 use our website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, violating others’ privacy rights or rights of publicity;
9.1.3 interfere with or disrupt the operation of our website or the servers or networks used to make our website available; or disobey any requirements, procedures, policies or regulations of such networks;
9.1.4 transmit or otherwise make available on our Website any harmful or invasive viruses, worms, Trojan horses or other computer code that may or is intended to damage, monitor the operation or use of any hardware, software or equipment;
9.1.5 copy, reproduce, sell, resell or otherwise exploit any part of, use of or access to our website (including our applications or software) for any commercial purpose;
9.1.6 modify, adapt, translate, reverse engineer, decompile or disassemble any part of our website (including our applications or software);
9.1.7 frame or mirror any part of the Website without our express prior written consent;
9.1.8 create a database by systematically downloading and storing Content, User Content or any Website Content; and
9.1.9 Infringe any copyright, design right or intellectual property right of any product.
content
10.1 The intellectual property rights in all Content are owned, controlled or licensed by us. Except for the rights granted to you under clause 10.2, nothing in these Terms and Conditions will give you any rights or interest, and we reserve all other rights.
10.2 Subject to these Terms and Conditions, you may use the Content for your own personal purposes.
10.3 Unless we have our express written consent or you are expressly authorised by law to do so, you may not:
10.3.1 Use the Content for any commercial or other non-personal purpose
10.3.2 copy any Content or transfer the Content to any other device or to any other person; or
10.3.3 otherwise copy, distribute, communicate to the public, modify, reformat, prepare derivative works from or display the Content.
10.4 You acknowledge and agree that if you breach any of the terms of these Terms and Conditions, we may, at our sole discretion, cease to provide you with any Content.
10.5 We make every commercial effort to ensure the accuracy of the Content but we make no warranty, express or implied, statutory or otherwise, as to the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability in connection therewith. We do not accept any liability for loss suffered by you as a result of your reliance on the accuracy of the information on our website.
User Generated Content
11.1 When you submit any user-generated content, including all text, files, graphics, photographs, sounds, images or other materials to our Website ("User Content"), you grant us a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable, fully paid-up and royalty-free license to use, reproduce, distribute, publicly perform, modify, prepare derivative works of, display and exploit the User Content in connection with the Website, including without limitation for the purpose of promoting and redistributing part or all of the Website in any media formats and through any media channels. Without limitation, the rights you grant to us under clause 11.1 include the right to grant to each user of the Website a sub-license to use the User Content to the extent permitted from time to time by the functionality of the Website. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including the right to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights may exist now or at any time in the future anywhere in the world.
11.2 You represent, warrant and undertake that:
11.2.1 you have the right to grant the license in accordance with clause 11.1;
11.2.2 you are the owner of the User Content and/or have all necessary rights, consents, licenses and permissions required for us to grant the license in accordance with Clause 11.1;
11.2.3 by granting the licence pursuant to clause 11.1, we will not infringe any third party’s intellectual property or other rights;
11.2.4 identify any individual in relation to the User Content (whether by name, photograph or otherwise) and you have obtained all necessary consents and evidence of consent to enable us to use the User Content as permitted in clause 11.1;
11.2.5 The User Generated Content you submit does not contain any content that may be unlawful, defamatory, obscene, offensive, harmful to the safety of any person, intended to harass any person, or otherwise inappropriate for display on our website.
11.2.6 You will provide us with written copies of any consents, permissions and licences we require upon our request.
11.3 You will be legally responsible for your User Generated Content and we will not be responsible or liable in any circumstances for any User Generated Content, whether or not we are aware of such User Generated Content.
11.4 Our website will only display User Generated Content related to product quality or promotional offers. User Generated Content related to after-sales or other services will not be displayed on the website. We reserve the right to edit or delete User Generated Content that contains attacks on other users, defamation, vulgar and indecent language or other irrelevant topics.
11.5 You shall ensure that the Products are not used for inappropriate purposes and shall be fully responsible for exercising all necessary skill and care in handling and using the Products. You expressly acknowledge and agree that the Company shall have no obligation or liability for any advice or information regarding the Products and that the Company shall not be liable for any inaccuracies or misstatements in such information. The Products are used entirely at your risk. Certain Products may pose a choking risk to pets and children and you shall be fully responsible for supervising the appropriate use of the Products around pets and children, including following the supervision and feeding guidelines recommended by the Supplier. Pets and children should not be left alone to use the Products without adult supervision.
compensation
12.1 You agree to indemnify us and all our directors, employees and contractors and hold us harmless from any claims, losses, damages, costs, expenses (including legal fees) or other liabilities arising from your breach of the undertakings, warranties, representations and agreements in this Agreement.
Linked Website
13.1 Certain links, including hypertext links, on our website will take you outside our website and are not maintained or controlled by us. When you follow these links or pages you do so at your own risk and we exclude all liability. Links are provided for your convenience only and the inclusion of any link does not imply our endorsement or approval of the linked website, its operators or its content. We are not responsible for the content of any website outside our website.
termination
14.1 We may terminate your access to our website or registration immediately if you breach any of these terms and conditions.
14.2 Any rights of either party accruing on the date of termination shall survive termination.
intellectual property
15.1 All intellectual property rights in the content, User Content, design, text, graphics and other material on our website, including the selection or arrangement thereof, are owned, controlled or licensed by us. Any authorised use without our prior written permission is strictly prohibited.
15.2 All trademarks, product names and company names or logos used on our website are our property or the property of their respective owners. We do not grant any person permission to use any such trademarks, appearance, product names, company names, logos or titles, and such use may constitute an infringement of the rights of the holder.
General Terms
16.1 Where representations and warranties are made to us and to suppliers of goods through our website in these Terms, you acknowledge and agree that such representations and warranties are intended to confer rights on and operate for the benefit of all such suppliers and that each such supplier may rely on and enforce such representations and warranties against you.
16.2 We reserve the right to amend the content of our website (including the services we provide) and these terms and conditions at any time without prior notice. Any changes will be posted on our website and your continued use of our website will constitute your agreement to be bound by the amended terms and conditions of use. This right includes the right to change any document which forms part of these terms and conditions.
16.3 We have done our best to indicate whether the price quoted for goods through our website includes any relevant taxes or duties. If in some cases this is not clear, please note before ordering that you may be liable for taxes or duties (such as VAT) imposed by the supplier or by law, which are in addition to the price.
16.4 We take privacy seriously. Our Privacy Policy covers our use of any information you provide us. By using our services, you consent to our collection, storage and use of information about you in accordance with our Privacy Policy. You acknowledge and agree to be bound by our Privacy Policy.
16.5 We reserve the right to deny access to our website or any part of it at any time and without prior notice at our sole discretion and to refuse to provide our services to any user who breaches these Terms and Conditions.
16.6 We are not responsible for any breach of these Terms and Conditions of Use, or for any failure to provide, or delay in providing, our services through our website, that is caused by any event or circumstances beyond our reasonable control.
16.7 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms and Conditions.
16.8 We may assign these Terms of Use at any time without notifying you, or appoint any third party, including our group companies, to provide services to you on our behalf or perform any of our obligations under these Terms of Use.
16.9 You may not transfer or otherwise deal with its rights and obligations under these Terms and Conditions, in whole or in part, without our written consent.
16.10 These Terms and Conditions set out the entire agreement and understanding of the parties and supersede all previous agreements, understandings or arrangements, whether oral or written, relating to the subject matter of these Terms and Conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement not expressly set out in these Terms and Conditions.
16.11 These Terms and Conditions shall be governed by the laws in force in Hong Kong.
You agree to submit to the exclusive jurisdiction of the Hong Kong courts.
17.1 The promotional codes, vouchers and coupons we offer are only valid for one-time purchases on our website and are subject to specific terms and conditions.
17.2 Promotional codes, vouchers and coupons are not refundable or redeemable for cash. Any unused amount will be forfeited.
17.3 If your order is cancelled or eligible for a refund for any reason, any promotional code, voucher or coupon used in connection with that order shall be forfeited without refund or compensation.

17.4 We reserve the right to terminate or change the above offers from time to time without prior notice. In case of any dispute, our decision shall be final.

18 Subscription Product Terms and Conditions
Merlot HK's subscription product is designed to allow you to automatically reorder and pay for your selected pet products, with delivery cycles of your choice. These terms and conditions apply to all orders placed through this program. In the event of a discrepancy between the English and Chinese versions of the terms and conditions, the English version shall prevail.

You can decide when to receive your shipment, from weekly to monthly. With flexible plans, you can skip or cancel, change products, adjust delivery frequency, add new products or change quantities at any time after the first three delivery cycles.

Please note that the first three deliveries are fixed delivery frequencies and cannot be changed, paused, skipped or cancelled. However, we are always prepared to exercise flexibility where possible or we will revoke the discount amount if you contact us.

18.1 Notification of Subscription Order Expiration

We will send you written notice five days before your subscription order is due to expire. This will provide information about the order dispatch date, the contents of your shopping basket, the total price of your subscription order and any out-of-stock products. You can modify your order up to three days before dispatch. Modifications cannot be made within three days of processing the next subscription order.

18.2 Delivery Time

Normally your order will be delivered within 3 working days from the order date. For details, please refer to Delivery, Shipping and Refunds .

18.3 Payment

Payment for all subscription orders must be made by credit card only. Your credit card will be charged simultaneously with the order date. Your initial subscription fee will be charged when you start your subscription plan, and subsequent subscription periods will be calculated the same as your subscription date (e.g., bi-weekly, monthly, etc.). The subscription application will store your credit card details for automatic payment for each upcoming order, eliminating the need for manual payment. If your credit card cannot be charged, you will receive an email notification of the transaction failure and a request to update your payment details. We will dispatch your order once payment is received. Orders below HK$300 will be charged a HK$50 delivery fee, consistent with all Merlot HK orders.

18.4 Modification and Cancellation

Please refer to Delivery, Shipping and Refunds for details.

18.5 Out of stock or supply fluctuations

If a product you choose is out of stock or the supply fluctuates at the time of subscription, we will notify you and suggest possible alternatives. In this case, you can pause or modify your subscription order. If no changes are made, we will continue to process your order and mark the item as out of stock until it is restocked.

18.6 Price

Please note that price adjustments may be in response to increased supplier costs. Rest assured that your preferred pet products will continue to be available at discounted prices based on the latest prices on Merlot HK at the time each subscription order is processed.