TERMS & CONDITIONS
www.kitmenkeung.com ("kitmenkeung.com", the "Site" or "Sites") is operated by Kitmen Keung & Company Ltd. ("we", "us", or other similar term), a Hong Kong registered company, with company number 1094319 and at registered office Suite 8 20/F One IFC Central Hong Kong. Our Site and related services are made available to you pursuant to the following terms and conditions and any other rules posted on our Site (collectively, the "Terms and Conditions"). Please read the Terms and Conditions carefully before placing any orders.
We reserve the right to revise and amend the Terms and Conditions from time to time. If you do not agree with any amendments to the Terms and Conditions, then you must immediately stop using the site.
ORDERING FROM OUR SITE
YOU MUST BE ELIGIBLE TO MAKE THE TRANSACTION This Site is available to those who meet our terms of eligibility. When ordering items from the Site, you will be required to provide your personal information and payment details. You represent and warrant that the information you provide is accurate, valid. Where payment is concerned, you confirm that you are the cardholder or that you have been specifically authorized by the cardholder to use the card for the full value of this specific transaction. Where a payment is made via PayPal, you have authorized PayPal to process a charge or charges in the amount of the total purchase price.
OFFER AND ACCEPTANCE
Once your order has been placed, you will receive an email acknowledging it. This email is a confirmation of receipt of your order and shall NOT be deemed an acceptance of it. Acceptance of your order occurs when we confirm to you via email that your order has been dispatched (the "Dispatch Confirmation").
Once an order has been placed, no modifications to the order (including cancellations) are permitted.
Kitmen Keung offers products that are subject to stock and availability. We reserve the right not to accept your offer at our sole discretion. Your offer may not be accepted, for example, in the following circumstances: payment has not been received, shipping restrictions apply, that an item has been withdrawn or that an item is out of stock. In the event that an ordered item is out of stock, the customer shall receive an email notification and, should payment have been taken, shall be entitled to a full refund processed within 48 hours. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site.
Kitmen Keung reserves the right to restrict multiple quantities of the same item being shipped to any one customer or shipping address.
By making an offer to purchase merchandise, you expressly authorize us to perform any necessary checks and to obtain any necessary information from third parties from time to time as Kitmen Keung feel are necessary for the completion of the transaction. You are subject to validation checks and authorization by the card issuer and or by PayPal. We shall not be liable for any delay or non-delivery of ordered item(s) by reason of refusal and/or failure of such validation checks.
All prices and offers remain valid as quoted on the Site from time to time.
Prices shown are in US Dollars (USD) and are inclusive of tax (where chargeable) at the applicable rate. But please be aware that, if you are a customer whose card for payment is not denominated in USD, the final price will be calculated in accordance with the applicable exchange rate on the day of the transaction, in accordance with the issuing bank's procedures.
All payments are processed using PayPal. Methods of payment are clearly displayed on the PayPal website and include credit and debit cards such as Visa and MasterCard.
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation. Ownership of the product(s) pass to you on receipt of full payment of the sums due and the products will be at your risk from the time of delivery.
Please note that we aim to dispatch all orders within 5 working days. Estimated delivery times are to be used as a guide only as the actual delivery times depend on the destination of delivery. Kitmen Keung shall not be held responsible for any delay caused by destination customs clearance processes or other delay out of our reasonable control.
TRACK YOUR ORDER
You can also track your item using the unique tracking number at the carrier's website which will be provided to you in the Dispatch Confirmation.
Kitmen Keung cannot determine in advanced the amount of customs charges, taxes or duties that may be incurred, if any. Customers are advised to check with their local customs office(s) to ascertain whether any additional charges will be incurred prior to placing any order.
All items are quality controlled and checked for any faults before they are shipped to customers. In the event of your item is found to be defective, please contact us within 7 days of having received the item along with photos of the error. When we have received your product and approved the claim, you will be informed and a new product will be sent to you.
Items must be returned unused, with all tags attached and in saleable condition. Returns that are damaged, soiled or show evidence of having been used, may be refused and returned to the customer.
Before returning an item, please contact our customer service at email@example.com, who will advise you the course of action for a swift resolution.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than Kitmen Keung. We have not reviewed the sites linked to its Web Site and are not responsible for them in any way, directly or indirectly, including with respect to their content, accuracy or availability, policies, procedures or practices.
LIMITS ON LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
Unless expressly stated to the contrary, Kitmen Keung shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site. This does not affect Kitmen Keung’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability that cannot be excluded or limited under law.
EVENTS OUTSIDE CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Kitmen Keung & Company Ltd. as a result of the Terms and Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Kitmen Keung, and we shall not be liable for any representation, act, or omission on your part.
If you breach the Terms and Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms and Conditions.
If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
The Terms & Conditions together with all our policies and procedures will be governed by and construed in accordance the relevant Hong Kong SAR law and the relevant courts of the Hong Kong SAR will have exclusive jurisdiction.