terms and conditions
standard terms and conditions of online sale
1. scope
1.1 These standard terms and conditions (“T&Cs”) govern the sales of products (the “Product(s)”) offered on the website www.kpcyarn.com (the “Website”) by KPC Yarn Limited (the “Seller”), a Hong Kong corporation with its principal office at 12/F., Novel Industrial Building, 850-870 Lai Chi Kok Road, Cheung Sha Wan, Kowloon, Hong Kong to any customer (the “Customer”) worldwide.
1.2 By placing an Order and confirming payment on the Website entails the Customer’s full and unreserved adherence to these T&Cs.
2. definitions
Except where the context otherwise requires, the following words shall have the following meanings:
“Business Day”: a day other than a Saturday, Sunday or a public holiday in Hong Kong.
“Contract”: set of documentation consisting of the Customer’s Order, these T&Cs and any potential specific agreement which might be agreed upon by the Parties.
“Customer”: any legal entity or natural person purchasing Product(s) from the Seller.
“Order”: the Customer accepting these T&Cs, select the Product(s) on the Website and confirming payment, according to the conditions set out herein.
“Party”: the Customer on the one hand and the Seller on the other hand, referred to jointly as the “Parties”.
“Product(s)”: the Product(s) provided and marketed by the Seller, as presented on the Website including yarns and knitting accessories.
“Seller”: the company KPC Yarn Limited, specialized in the design, manufacture and marketing of the Product(s) set out above.
“Website”: the website www.kpcyarn.com.
3. product(s) and services
3.1 The Seller has made every effort to ensure that all information provided on this Website is accurate. Some information, including descriptions and specifications, are derived from third party sources such as manufacturers. Therefore the Seller cannot be held responsible if this information is not entirely accurate.
3.2 Colors of Product(s) are representative and may not reflect exact shades. Colors are subject to change. The Customer accepts that color differences can occur when it is being viewed and compared on a computer screen.
3.3 The Seller reserves the right to change and remove any Product(s) from the Website at any time.
4. prices/payment
4.1 The prices are indicated on the Website are in Hong Kong Dollars.
4.2 The prices indicated may be changed at any time without advance notice. However, the Product(s) shall be charged at the rate in force when the Order was processed.
4.3 Prices indicated do not include customs duties or other local taxes. These duties are borne solely by the Customer and are his full responsibility, both in terms of declarations and payment to the relevant authorities.
4.4 The Seller offers a wide range of payment options to the Customer. The currently available payment options include: Paypal (VISA Card, MasterCard).
5. delivery
5.1 The Product(s) are delivered to the delivery address indicated when placing the Order.
5.2 Any delivery times indicated are estimates and serve as a guide only, and may vary according to the destination.
5.3 In-stock Product(s) will usually be dispatched within 7 to 10 Business Day. If there are Product(s) out of stock, the Seller will deliver them as soon as is practicable.
6. returns
6.1 The Seller will exchange or refund any Product(s) purchased in error or are no longer wanted provided that they are returned within 7 days in original condition accompanied by a receipt.
6.2 Should the Customer discover any fault or damage with the Product(s) within 7 days of receipt, the Seller will offer a replacement or refund. The Seller cannot be held responsible for misuse or accidental damage caused by the Customer.
6.3 To return the Product(s), please email the Seller at [email protected] for detailed instructions. When returning the Product(s), the Customer should keep proof of return postage costs if they are eligible for postage refunds.
6.4 Return postage costs will only be refunded if the Order is in-correct due to the Seller’s error, or delivered faulty or damaged.
7. change/cancel an order
7.1 Should the Customer wish to change or cancel their Order, contact must be made with the Seller at [email protected] within 24 hours.
7.2 If the Product(s) have already been dispatched, the Customer will need to follow the returns procedure described above.
8. communication
The Seller’s contact information can be found on the Contact Us link on the Website.
9. copyright notice
9.1 Copyright and other relevant intellectual property rights exist on all text and images relating to the Seller’s services and the full content of this Website.
9.2 The Seller’s logo is a registered trademark in Hong Kong and other countries.
10. confidentiality
10.1 Customer records are regarded as confidential and therefore will not be divulged to any third party without the Customer’s permission, other than if legally required to do so to the appropriate authorities.
10.2 The Seller will not sell, share, or rent the Customer’s personal information to any third party or use the Customer’s e-mail address for unsolicited mail. Any emails sent by the Seller will only be in connection with the provision of agreed services and Product(s).
11. errors/omissions
Clerical errors or omissions, whether in computation or otherwise in any quotation, acknowledgement or invoice, shall be subject to correction by the Seller.
12. liability
12.1 The Seller disclaims all liability if the delivered Product(s) or their content does not comply with the law of the country of delivery.
12.2 In any case, the amount of the Seller’s liability to payment of compensation for the sole cases of direct damage is limited to the total amount of the Order actually paid for by the Customer.
13. waiver
The failure of either Party to enforce any provision of these T&Cs shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of these T&Cs.
14. severability
If a provision of these T&Cs is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. governing law
These T&Cs will be governed by and construed in accordance with Hong Kong law, and any disputes relating to these T&Cs will be subject to the non-exclusive jurisdiction of the courts of Hong Kong.
16. force majeure
The Seller cannot be held liable for failure to fulfil one of its commitments to the Customer, if this failure is due to a case of force majeure such as war, strike (in-house or at one of its manufacturers), lock-out, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blockage of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative supervisory body, etc. In this situation, the Seller shall inform the Customer of this impossibility and the measures taken to remedy it.
17. variation
The Seller may revise these T&Cs from time-to-time. Revised T&Cs will apply to the use of this Website from the date of the publication of the revised T&Cs on this Website. The Customer should check this page regularly to ensure he/she is familiar with the current version.
18. entire agreement
These T&Cs, constitute the entire agreement between the Customer and the Seller in relation to the Customer’s use of this Website, and supersede all previous agreements in respect of the Customer’s use of this Website.