TERMS AND CONDITIONS OF E-SHOPPING
TERMS AND CONDITIONS OF E-SHOPPING
In these Terms and Conditions of E-Shopping, “you”, “your”, “User” shall mean users of the Website (defined below), and “Working Day” shall mean any day other than Saturday, Sunday and public holiday in Hong Kong SAR.
You may need to register an account with username and password (“Account”) with K11 Design Store Limited (“K11 DS”) in order to use some of the services (which includes online purchases) made available to you on this website (www.eshop.k11designstore.com) (“Website”). If you choose to register the Account with username and password with K11 DS and/or proceed with payment(s) you agree to provide information about yourself and your billing information in a true, accurate, updated and complete manner. You may update your Account information by clicking on http://eshop.k11designstore.com/customer/account/login/ on this Website.
You agree to accept responsibility for all acts, activities and transactions conducted through your Account (including all online purchases via this Website (“K11 DS Online Purchase”). You are also responsible for maintaining the confidentiality of your account, username and password and shall notify K11 DS immediately should you suspect any unauthorized use of or access to your account. K11 DS shall in no event be held liable for any acts of yours conducted through your account.
You may not authorize any other persons to use your account, username or password.
2. Eligibility to K11 DS Online Purchase
K11 DS Online Purchase is only available to customers who are 18 years of age or above. Parents should consider installing appropriate parental control tools to prevent your children of underage from submitting information online without parental monitoring.
Additionally, in order to qualify for K11 DS Online Purchase, you must make payment through the PayPal system (either through a registered PayPal Account or credit card) and provide personal information (i.e. email address, real name, phone number, billing information, delivery address and other requested information as required to process your K11 DS Online Purchase orders) which are warranted by you to be valid and accurate.
3. Availability and Non-Exploitation
All K11 DS Online Purchase orders are subject to stock availability and Acceptance of Order (defined below). K11 DS Online Purchase is intended for your own personal use and consumption only. Acts of purchasing goods or products from this Website for commercial reselling purposes are prohibited.
K11 DS may refuse any purchasing order which it suspects is for commercial resale purposes. K11 DS expressly reserves all rights in connection hereto.
4. Product Description and Pricing
Products shown on the Website may contain contents and descriptions that are provided directly by the publisher, manufacturer or distributor of such products. Whilst K11 DS endeavours to assure that the contents and product descriptions on this Website are accurate, updated and complete to the extent possible, K11 DS does not warrant that any such information and content to be error-free. K11 DS has made its best efforts to enable the colours of the images of the merchandise or products displayed as accurately as possible on this Website, and K11 DS does not warrant that the colour of the merchandise or products purchased will be accurately displayed by your monitor. K11 DS cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in the "shopping cart" and the time the purchase is actually made. Prices displayed on this Website at the time of your order will be honoured except in the case of obvious error. K11 DS will have the right to cancel any order for products that have been listed with obvious error. K11 DS will have this right regardless of whether the order has been confirmed or your PayPal® account has been charged. If your PayPal® account has already been charged for the purchase and your order is cancelled, PayPal® will issue a credit to your PayPal® account or relevant credit card in the amount of the charge. Prices are shown on this website in Hong Kong Dollars. If your PayPal account is not denominated in Hong Kong Dollars, the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer and/or PayPal account processes the transaction.
You must make payment through the PayPal system (either through a registered PayPal Account or credit card). If you proceed with payment via PayPal®, you will be directed to a different website address operated by PayPal®, K11 DS does not endorse nor support the content of such website address. The user agreement for the PayPal® service will govern your use of that service, and you must refer to that user agreement and not these Terms and Conditions to determine your rights and liabilities as a user of the PayPal® services. Once you place an Order (defined below), you represent and confirm that the PayPal® account used belongs to you and that the same has not been registered or obtained by any fraudulent means and/or unauthorized methods. If your request for payment via your PayPal account is refused or delayed for process for whatever reason(s), K11 DS shall not be held liable for any delay or non-delivery of your Order. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the currency exchange rates in effect when the charges were incurred. Unless you notify K11 DS of any discrepancies within thirty (30) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes. If K11 DS fails to receive payment through the PayPal® service, you agree to pay all amounts due upon demand by K11 DS or its authorized agents. Our system adopts adequate security measures. Your personal details and passwords are encrypted and such details will be securely stored on our systems. Under no circumstances shall K11 DS be held liable for any loss you may suffer should any third party procures unauthorized access to any data you provided when using our services. Unless expressly set forth on the Website, K11 DS does not accept any other payment form. If K11 DS offers or accepts any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such other form of payment.
You are responsible for paying any governmental taxes (if any) imposed on your purchases, including, but not limited to, sales, use or value-added taxes. With respect to each of your purchases, K11 DS will automatically charge and withhold any applicable tax (if any) that it deems is required in any applicable jurisdictions.
All transactions conducted by or with K11 DS are made in Hong Kong Dollars. If your PayPal® account is not denominated in Hong Kong Dollars, the final price charged in your currency will be converted at the exchange rate determined by PayPal® in accordance with the applicable exchange rate on the day your PayPal® account processes the transaction. Please consult the user agreement for the PayPal® service for information regarding the determination of exchange rates. The exchange rates may include amount payable to PayPal®, which may result in the actual price paid being higher than the posted Hong Kong Dollar price.
8. Acceptance of Your Order
Once you have entered your valid personal and payment details and placed your order to purchase (i.e. offer to purchase) item(s) on this Website (“Order”), an email will be sent to the e-mail address you provided to K11 DS confirming the receipt of your Order. Such e-mail does not constitute an acceptance of your Order. Acceptance of your Order is only made by K11 DS when an e-mail is sent to the e-mail address you provide to K11 DS confirming acceptance of your Order and its dispatch details (“Acceptance of Order”). You cannot cancel your Order if the Acceptance of Order reaches the email address you provide with K11 DS, before which you can still contact K11 DS to arrange for the cancellation of the Order. K11 DS reserves the right to reject your Order for any reason at its sole discretion.
9. Shipment / Delivery
K11 DS offers free local delivery for all Orders upon any purchase of products on the Website with a net transaction value of HK$400 or more provided that the delivery address you provide with K11 DS is an address located within Hong Kong SAR (excluding Discovery Bay, Ma Wan, Hong Kong International Airport and all outlying islands). In case there shall be any doubt as to the areas to which K11 DS shall make delivery, K11 DS reserves the right not to provide delivery services and to require you to collect your Order in our store.
When your Order is accepted by K11 DS pursuant to Clause 8 above, K11 DS will provide you with an estimated time for the delivery or dispatch of your Order (normally within 7 Workings Days from the date of your receipt of the Acceptance of Order). However, the delivery of the Order will be processed by third party carriers and K11 DS does not guarantee the accuracy of the expected date of delivery. Some products may have special delivery or dispatch times which are stated in the product description.
The delivery of the Order will be processed by third party carriers and K11 DS does not guarantee the accuracy of the expected date of delivery. Delays are occasionally inevitable due to unforeseen factors or events outside the control of K11 DS, for example, customs clearance issues, travel or transportation disruption. K11 DS shall not be liable for any delay or failure to deliver your Order within the estimated timescales.
Pick up at physical store
You can opt to collect your Order in our physical store. You must contact K11 DS at firstname.lastname@example.org before your personal visit to our physical store to collect your Order in order to confirm that your Order is ready for collection in our store. K11 Design Store will provide you with an email confirmation that your Order is ready for collection in our store (estimated collection time is within 7 working days from the date your request is received).The address of our physical store is Shop 307 - 309, 3/F, K11 Art Mall, 18 Hanoi Road, Tsim Sha Tsui, Kowloon, Hong Kong. You may collect the Order in person or send a representative on your behalf. On collection, you or your representative must present a copy of the Acceptance of Order and a valid identity card or travel document to verify identity. No handling fees will be charged for orders collected from our physical store.
Collection in our physical store is not available for certain products. This is specified in the product descriptions when you place your Order.
10. Risk of Loss & Passage of Title
Your Order will be delivered and insured by third party courier(s) pursuant to a separate delivery contract. Risk of loss and title the products shall pass to you immediately upon our delivery to or collection by the courier appointed by K11 DS. You agree to accept all potential risks (including losses and damages) of your Order from that time onwards.
11. Exchange and Refund Policy
Once the Acceptance of Order is delivered to the email address you provide to K11 Design Store, the products purchased cannot be exchanged or refunded. However, a product found damaged or defective on delivery is eligible for exchange or refund in accordance with the below.
(a) To make a request for exchange or refunds, you must, within 7 days of receipt of your Order, send by email to [email@example.com] a photo or video clearly showing the damage or defect affecting the product. K11 DS has complete discretion as to whether a given product is eligible for exchange or refund. Product will be only eligible for exchange or refund if returned with original packaging. Certain designated products are not eligible for exchange or refund as stated when you place your Order.
(b) K11 DS will endeavor to reply to your email within 5 working days with confirmation of whether the product is eligible for exchange or refund, and if eligible, with instructions on how to return the product. If eligible for exchange or refund, K11 DS will pay for the cost of returning the product arrange for collection of the damaged or defective product from your delivery address at no cost to you.
(c) You may elect to exchange or refund the damaged or defective product subject to the below. K11 DS will endeavor to effect the exchange or refund within 10 working days of our receipt of the product.
(d) A damaged or defective product you elect to exchange may be exchanged for another single product which is available for sale on this Website and is in stock. If the price of the replacement product is less than the price of the returned product you elect to exchange, no refund of the difference will be given. If the price of the replacement product is more than the price of the returned product you elect to exchange, you will need to pay for the difference.
(e) Coupon used at the purchase cannot be refunded or re-issued.
For any complaints, please email our Customer Care Team at firstname.lastname@example.org.
13. Limitation of Liability
The Website and the Content are provided on an “as is” and “as-available” basis without warranties of any kind, whether express or implied (except only as may be implied by applicable law). K11 DS does not guarantee that usage of this Website for K11 DS Online Purchase or the server(s) that provide the same are error-free. Users are recommended to download or use appropriate and updated software(s) (including anti-virus software(s)) when browsing or using the functions of this Website. K11 DS, ITS HOLDING COMPANIES, SUBSIDIARIES, ASSOCIATES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO ANY USERS OF THIS WEBSITE (OR ANY PART THEREOF) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE (OR ANY PART THEREOF), WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF K11 DS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBLITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABLITY OF K11 DS, ITS HOLDING COMPANIES, SUBSIDIARIES, ASSOCIATES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS EXCEED THE AMOUNT YOU PAID TO K11 DS IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR PURCHASE.
14. Disclaimer of Warranties
Please read all information, warranties or warnings provided by the manufacturer owner or seller of the products on or in the product packaging and labels before using any product purchased from K11 DS or on this Website. K11 DS shall not be liable for the accuracy, fitness for a particular purpose or quality of such products or reliability of any information provided by any manufacturer owner or seller of such products and it is your responsibility to evaluate such information. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, K11 DS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF GOODS AND SERVICES FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
15. Force Majeure
K11 DS shall not be held liable for failure to meet any of its obligations which is caused by or results from factors or circumstances beyond its reasonable control (including but not limited to adverse weather, labour disputes, law, judgment, order, embargo, interruption or failure of transportation or utility services, etc.).
16. Other Terms and Conditions
17. Governing Law and Jurisdiction
These Terms and Conditions of E-SHOPPING are governed by the laws of Hong Kong SAR and in case of disputes, the parties shall submit to the non-exclusive jurisdiction of the courts of Hong Kong SAR.