Terms and Conditions
1.1 “Contract” shall mean a contract which We and You agree to enter into for Our sale of and Your purchase of the Products and/or Services made through this Website in accordance with the Terms and Conditions. in accordance with the Terms and Conditions.
1.2 “Shipping Address” shall mean the address designated in your Order where the Products/Services are delivered thereto.
1.3 “Delivery Date” shall mean the date, agreed by you and us, of delivery or pick-up of the Products/ Services in your Order.
1.4 “Intellectual Property” shall mean all intellectual property rights of whatever nature, including (but not limited to) patents, designs, trademarks, database or copyrights, whether or not registered or registrable by any means, and all rights to file an application for registration of such rights.
1.5 “Order” shall mean an online order submitted through this Website by you to purchase Our Products/ Services.
1.6 “Order Confirmation Email” shall mean the email confirmation sent by us to you upon the successful acceptance of your Order.
1.7 “Product(s)” shall mean the product(s) and/or peripherals of the product(s) available for sale on this Website, and such Product(s) as you designate in the purchase form is the subject matter of this Contract.
1.8 “Service(s)” shall mean the product(s) and/or peripherals of the product(s) available for sale on this Website, and such Product(s) as you designate in the purchase form is the subject matter of this Contract.
1.9 “Terms and Conditions” shall mean the terms and conditions as contained herein.
1.10 “We” or “Us” shall mean K3 Company.
1.11 “Website” shall mean http://k3free.com
1.12 “You” or “Your” shall mean you and all persons who purchase the Products/ Service through this Website.
1.13 “Hong Kong” shall mean Hong Kong Special Administrative Region of the People’s Republic of China.
2. Basis of this Contract
2.1 All transactions of Products/Services made on this Website are subject to the Terms and Conditions. Such Terms and Conditions prevail over any other terms and conditions issued by you additionally in the Order. For the avoidance of doubt, such Terms and Conditions are not applicable to any sale and purchase of Products/ Services at our physical shops.
2.2 By placing an Order to us, you hereby warrant and declare that:
2.2.1 You have attained the age of 18 and possess the capacity and ability to enter into legally binding contracts;
2.2.2 In registering an account, placing an Order and in your use of the Site, you agree to (where necessary) provide information about yourself (email address, real name, phone number, billing information and other requested information as indicated on the Site) that is true, accurate, current, and complete in all respects;
2.2.3 You understand that We only sell and deliver the Products to end user customers; and
2.2.4 You warrant not to resell or supply the Products purchased from this Website (including any parts thereof) outside the territory of the Hong Kong Special Administrative Region or to any person whom you are aware or have reason to believe, may resell and supply such Products (including any parts thereof).
3 Placing an Order
3.1 All orders are subject to acceptance and availability, and items which you have placed in your shopping cart are not reserved and may be purchased by other customers.
3.2 Once your Order has been placed successfully through this Website, you will receive an email acknowledging the details of your Order. This email is only an acknowledgement of Our receipt of your order and does NOT represent an acceptance of your Order.
3.3 Once your Order is successfully accepted, you will receive an Order confirmation email from us. The Contract between you and us is thereby established and is bound by the Terms and Conditions. You shall, to the fullest extent permitted by the applicable law, neither cancel nor amend the Order howsoever.
3.4 We reserve the right not to accept your Order in the event, for example, that We are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms and Conditions. We may also decline to process a transaction for any reason or decline to provide the Products/Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of Our withdrawing any Products/Services from the Site whether or not that Products has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
3.5 All information on this Website constitutes an invitation to treat only and shall not be regarded as an offer by us to supply any Products/ Services.
3.6 We cannot guarantee any Products/ Services shown on the Website are available for sale at any time. If We cannot satisfy any Order for any reason, we reserve the right to cancel the Order and refund the amount (or part thereof) which you have paid to us and shall not be liable to any person should We exercise such right. If any Products in your Order is not available, We will inform you accordingly.
4 Price and Payment
4.1 Recognised credit cards which We accept include Visa, MasterCard, UnionPay or any other credit cards We agree to accept from time to time. All payments are calculated in Hong Kong dollars.
4.2 To ensure the security of online payments, we are using one of the most secure online payment processor. You hereby declare and warrant that you are the legitimate holder of the credit card that you use for payment of the Products.
4.3 You agree that your credit card payment shall be processed by the service providers engaged by us. You agree that your credit card particulars shall be passed to the relevant financial institution through such service providers.
4.4 You agree to pay for every Order made under your login account or credit card and agree to indemnify us for any claims, losses, and damages whatsoever arising from the actions of any person placing any Order for the Products using your login account or credit card. You shall be responsible for notifying your bank of and be liable for any changes to your record, loss, theft or unauthorized use of your credit card.
4.5 We will from time to time update this Website and any specifications and prices of the Products/Services published therein. Please visit this Website regularly in order to obtain the latest information.
4.6 We have the right to at any time set credit limits and/or limits to the quantity of Products which you may purchase.
4.7 Upon Our receipt of full payment (including any other additional charges incurred) of the Products/Services in your Order, We will arrange the delivery or pick-up of such Products/Services.
4.8 Upon your receipt/collection of the Product(s), the original copy of the invoice for the transaction amount you paid for the Product(s) will be delivered to you at the same time.
5 Collection of Products
5.1 Please refer to our page (www.k3free.com/delivery/)
6 Exchange Policy
6.1 Please refer to our page (www.k3free.com/returns-and-refunds/)
7 Warranty and Liability
7.1 Any conditions or warranties, whether expressed or implied by statute, common law, trade custom, or otherwise, including warranties of merchantability or of fitness for a particular purpose, and any additional liability, compensation or indemnification, other than those are expressly provided for in these Terms and Conditions, are, insofar as permitted by law, hereby expressly rejected.
7.2 If you use any personal password to gain access to this Website, We shall not be liable for any offline password management. You shall ensure that your password is kept strictly confidential to prevent unauthorized use. We shall not be liable for any loss or damages whatever if any third party gains unauthorized access to this Website by using your password.
7.3 We give no warranty as to the accuracy of the information contained on this Website in particular to the digital images. We shall not be liable for any liability arising from any inaccuracy or inconsistency of the information, wilful damages, negligence, operation under abnormal conditions, any use that do not abide by our written or verbal guidelines, any incorrect use or damages caused by repair or modification made without receiving Our prior written approval. The digital images displayed on this Website are for reference only. Any typographical error, clerical or other error or omission on this Website, any sales literature, quotation, price list, acceptance of offer, invoice, statement made during customer service or other document or information issued by us shall be subject to correction at any time without any liability on our part.
7.4 You shall be responsible for ensuring the completeness, correctness and accuracy of all information provided in connection with your Order, including without limitation, the Delivery Address, recipient information and payment details. We shall not be liable for any failure or delay or otherwise in discharging our obligations and/or performing Our duties under this Terms and Conditions if such default is in any way due to the incomplete, incorrect and/or misleading information provided by you in respect of the Order. You undertake to indemnify and hold us harmless and Our relevant third parties from and against all costs, losses and damages incurred or suffered as a result of your provision of incomplete, incorrect and/or misleading information in respect of the Order.
7.5 We shall not be liable for any losses, damages, costs and expenses directly or indirectly suffered by you (including but not limited to, loss of profits, loss of savings, loss of goodwill, loss of revenue or loss of contracts incurred by you, whether anticipated or actual, or any special indirect or consequential damages of any nature whatever) or any action, claims and proceedings taken against you by any third parties in connection with, incidental to and consequential upon the performance of us in relation to these Terms and Conditions. Notwithstanding anything to the contrary, to the extent permitted by law, Our total aggregate liability in contract, tort, equity or otherwise for any direct loss or damage arising out of or in connection with these Terms and Conditions shall be limited to the total amount paid by you in respect of the Products arising with problems.
7.6 The quality, suitability and safety of the Product(s) are the responsibility and liability of the associated agents/vendors/manufacturers. We shall not be liable to such responsibilities.
8 Force Majeure
8.1 If for any reason of events of Force Majeure, including fires, floods, casualties, accidents, disasters, natural disasters, any laws, orders, declarations, regulations, requests, or provisions issued by the Hong Kong Government or its agencies, strikes, wage disputes, labour shortages or technician shortages, goods or raw materials shortages or lack of supply, shipping delays, or any other reasons beyond Our reasonable control, which render us incapable of fulfilling Our responsibilities under the Website and/or the Terms and Conditions and/or any confirmed Orders, We shall not incur any liabilities within the circumstances of such delay or prevention.
9.1 The sale or redemption of all Product(s) do not include the rights, titles, and interests of the respective intellectual property of such Product(s), unless separately specified in the end user license agreement of the products. At no time do all such copyright or other intellectual property belong to you. All forms of infringement of the intellectual property of any Product is patently forbidden. you shall be liable for all consequences arising from any infringement that you commit.
10 Personal Data
10.1 Please refer to our page (www.k3free.com/privacy-policy/)
11.2 You shall not assign or transfer any rights or obligations under these Terms and Conditions or the Contract to any third party without Our prior written consent thereto.
11.3 No failure or delay by us in exercising any right, power or remedy under the Terms and Conditions or the Contract shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of these Terms and Conditions or the Contract shall be deemed to be a waiver of any subsequent breach of that or any other provision of the same.
11.4 The provisions contained in each clause of these Terms and Conditions shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. In the event any provision of the Terms and Conditions is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of these Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
11.5 The Terms and Conditions of this Website shall be governed and interpreted by the laws of Hong Kong. You hereby irrevocably submit to the jurisdiction of the Hong Kong Courts in connection with any disputes arising from or in connection with these Terms and Conditions
If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.