General Terms and Conditions
1.1 We are Kerry Coffee (Hong Kong) Limited, a wholly owned subsidiary of Kerry Logistics Network Limited (collectively “we”, the “Company” or “KL Club”) and we own and operate the site (Operating address: 16/F, Kerry Cargo Centre, 55 Wing Kei Road, Kwai Chung, Hong Kong). Our site facilitates a convenient way to shop online including by using our applications or software (“services”).
1.2 By using our site you agree to be bound by the following terms and conditions. Please read them carefully.
1.3 The meaning of some words used in these terms and conditions:
1.3.1 “we”, “us” or “our” is a reference to (name of person or company providing the services).
1.3.2 “you” or “your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.
1.3.3 “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site.
1.3.4 “merchandise” means the goods or services you ordered through our site, which you will pay for.
1.3.5 “intellectual property rights” means any and all patents, trademarks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
1.3.6 “services” has the meaning given in clause 1.1.
1.3.7 “supplier” means the seller and supplier of the merchandise you ordered through our site.
1.3.8 “site” means our Kerry Coffee (Hong Kong) Limited’s website located at hk.kerrycoffee.com, and any associated sites linked to it.
1.3.9 “User Content” has the meaning given in clause 10.1.
2.1 You are required to register with us when you use the services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.
2.2 You represent to us and to all suppliers of the merchandise through our site that all purchases made by you through our site will be within the scope of your authority to conclude contracts.
2.3 In consideration of your use of our services, you agree to:
2.3.1 provide true, accurate, current and complete information about yourself when filling out our registration form; and
2.3.2 maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
3.1 When you place an order you are making an offer to buy from us the merchandise you have specified at the price stated for those merchandise. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
3.2 We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:
3.2.1 details of what you have ordered,
3.2.2 details of the price charged,
3.2.3 information about the progress of your order, and
3.2.4 estimated dispatch and delivery information.
This communication will be our acceptance of your order. You may track your order status online.
3.3 Our acceptance of your order will only cover the merchandise mentioned in it and may not cover all the merchandise you ordered. If this is the case, then the order you made for the remaining merchandise will only be accepted when we send a further acceptance of that part of your order.
3.4 The availability of the merchandise is as shown online and will be updated regularly. They should not be relied on as definite statements as to whether the merchandise you wish to purchase are actually in stock.
3.5 We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
3.5.1 no sufficient stock to deliver the merchandise you have ordered;
3.5.2 no delivery can be arranged for your area; or
3.5.3 one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.
3.6 If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
4. Price and Payment
4.1 If the order is cancelled by us, if you have already made any payment, we will make a refund. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.
4.2 We only accept credit card payments made by Visa, MasterCard and JCB. When you place an order you authorise us to debit the credit card you specify on your order for the amount of the order at the time we send our acceptance of your order. Title in the merchandise does not pass to you until payment has been received.
4.3 We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
5. Returns or Exchanges
5.1 Unless otherwise specified, no return or exchange of merchandise will be accepted.
5.2 Subject to the returns or exchanges policy, merchandise may be returned or exchanged within seven (7) days of receipt if the merchandise you ordered are faulty, defective or damaged (with no fault on your part), or the merchandise are not what you ordered, or the delivery is of an incorrect quantity, provided that:
5.2.1 the returns or exchanges policy applies;
5.2.2 the merchandise are unused and in the condition originally sold together with all parts and accessories which are provided with the merchandise including manuals, certificates, labels, tags, consumables, bags, and boxes;
5.2.3 the packaging of the merchandise must be in the condition in which it was delivered to you; and
5.3 You agree and accept that merchandise is acceptable for exchange subject to stocks availability.
5.4 You agree and accept that it will be at the supplier’s sole discretion whether the merchandise is accepted for return or exchange. Under no circumstances will we accept the return of any merchandise directly to us or be held liable for your damages for whatever reasons.
6. Disclaim of Warranties and Limitation of Liability
6.1 We do not represent or warrant that access to our site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
6.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
6.3 We do not represent or warrant that:
6.3.1 any services (whether or not provided by us) will be provided with due care and skill; or
6.3.2 any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
6.4 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
6.5 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
6.5.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (including using our applications or software) or any information on our site;
6.5.2 the unavailability of our site (or any part of it), merchandise or services;
6.5.3 any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
6.5.4 any merchandise not being of merchantable quality or fit for their intended purpose; or
6.5.5 any misrepresentation on or relating to our site, the merchandise or the services.
6.6 Save as required by law:
6.6.1 we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and
6.6.2 we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
6.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from our site. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
6.8 You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase merchandise through our site you will enter into a separate contract with the supplier in each case.
6.9 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.
6.10 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
7.1 You represent, warrant and covenant that you will not:
7.1.1 use our site for any fraudulent or unlawful purpose;
7.1.2 use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
7.1.3 interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
7.1.4 transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
7.1.5 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site (including our applications or software);
7.1.6 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software);
7.1.7 frame or mirror any part of the site without our express prior written consent;
7.1.8 create a database by systematically downloading and storing the Content, User Content or any site content; and
7.1.9 infringe any copyright, design right and intellectual property right in the merchandise.
8.1 The intellectual property rights in all Content are owned, controlled or licensed by or to us. Except for the rights granted to you under clause 8.2, nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.
8.2 Subject to these terms and conditions, you may use the Content for your own personal purposes.
8.3 Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:
8.3.1 use the Content for any commercial or other non-personal purpose;
8.3.2 make any copies of the Content or transfer the Content to any other device or any other person; or
8.3.3 otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
8.4 You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this clause.
8.5 We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the content of advertisements appearing on our site rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our site.
9. User Generated Content
9.1 When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our site (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this clause 10.1 include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
9.2 You represent, warrant and covenant that:
9.2.1 you have the legal right and authority to grant the licence in clause 9.1 above;
9.2.2 you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in clause 10.1 above;
9.2.3 by exercising the licence in clause 9.1 above, we shall not infringe the intellectual property rights or other rights of any third party;
9.2.4 to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in clause 10.1 above;
9.2.5 the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our site; and
9.2.6 at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
11. Linked Websites
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
12.1 We may terminate your access to our site or registration immediately if you are in breach of any of these terms and conditions.
12.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
13. Intellectual Property
13.1 All intellectual property rights in the Content, User Content, design, text, graphics and other material on our site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited.
13.2 All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
14.1 Where in these terms representations and warranties are made to us and to suppliers of merchandise through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you.
14.2 We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
14.3 We have made every effort to make clear whether the quoted prices for merchandise available through our site include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.
14.5 We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
14.6 We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
14.7 If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
14.8 We may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.
14.9 You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
14.10 These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
14.11 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
Terms and Conditions for Promotion Code
1. Promotion code or coupon offered by us shall only be applicable for one-off purchase at our site subject to special terms and conditions.
2. Promotion code or coupon is neither refundable nor redeemable for cash. Any unused amount will be forfeited.
We reserve the right to terminate or vary the above offers. In the event of any dispute, our decision shall be final and conclusive.
These terms and conditions form the integral part of the General Terms and Conditions.