Terms and Conditions
HKMall offers a global cross-border e-commerce platform ("Platform") for you to purchase a range of products and use various services provided by the Platform. By using the Platform website (www.hongkongmall.com) and any related websites, applications, and services connected to it, you agree to and accept the terms and conditions. When you use any services of the Platform, you are deemed to agree to be bound by the following terms and conditions. Please read the relevant terms and conditions carefully.
1. Registration and Termination
1.1 By registering, you confirm and declare (and the Platform may rely on such confirmation and declaration) that you are at least 18 years old and have the legal capacity to enter into a contractual relationship with the Platform, constituting a legally binding agreement.
1.2 You must ensure that the information provided is up-to-date, accurate, complete, and meets the Platform's requirements. You are responsible for all the content provided. If the Platform discovers that the information is false, inaccurate, or incomplete, the Platform has the right to reject the registration. If the Platform incurs any losses as a result, it may pursue legal action.
1.3 The Platform will review your registration and has absolute discretion to approve or reject it without providing reasons.
1.4 You can open an account and use the Platform's services only after receiving written notification of successful registration from the Platform.
1.5 The Platform has the absolute right to unilaterally terminate any of your registered and operational accounts at any time without prior consent or notice, without providing reasons. If any improper business or operations occur on the opened account, the Platform reserves the right to pursue further actions against you.
2. Ordering
2.1 The products you purchase on the Platform belong to the Platform's merchants. The Platform is responsible for providing system management and connectivity and arranging for the merchants to process orders.
2.2 When you submit an order, it signifies your agreement to purchase the specified products from the merchant at the designated price. You are not allowed to cancel or modify confirmed orders and their associated products.
2.3 If you provide an email address, the Platform will confirm the receipt of your order via email. Otherwise, you can check and track the confirmed order in the order record.
2.4 A confirmed order indicates that the Platform's merchant has accepted your order.
2.5 The Platform reserves the right to reject or cancel orders for any reason, including but not limited to:
2.5.1 Insufficient stock for the ordered products.
2.5.2 Pricing or total amount discrepancies due to human error, system error, or merchant error.
2.5.3 Delivery location outside the designated delivery area.
2.6 If an order is canceled, you will be notified via email. The order amount will be refunded to your original payment account within 14 working days from the date of order cancellation. By completing this deduction, you are deemed to have accepted and agreed to the refund, and the Platform is not obligated to provide any compensation for your dissatisfaction.
2.7 The Platform has the absolute right to unilaterally cancel any transaction at any time without prior consent or notice, and no compensation will be provided.
3. Pricing
3.1 Different merchants on the Platform may sell the same product at different prices. If you purchase a product from a specific merchant, it means you accept and agree to the price set by that merchant.
3.2 The pricing of products on the Platform is determined by the merchants, and the Platform does not assume any responsibility for any potential disputes regarding product pricing.
4. Payment
4.1 The platform accepts Visa, Mastercard, AMEX, WeChat Pay, Alipay, Alipay Hong Kong, UnionPay, PayMe, FPS (Faster Payment System), Octopus, and PayPal as payment methods. By placing an order, you authorize the platform to collect payment for the confirmed order amount and declare that you have authorized the platform to make the payment .
4.2 The ownership of the goods will not be transferred to you until the platform has confirmed receipt of payment from the merchant.
4.3 The platform uses third-party payment services for online transactions. By placing an order and making a payment, you agree to be bound by the terms and conditions of these services. Your credit card and e-payment wallet information will be collected, processed, and retained by the platform and the third-party payment service providers .
4.4 You agree to bear any losses incurred during credit card or payment wallet transactions and acknowledge that the platform is not liable for any losses, whether in whole or in part.
5. Delivery
5.1 When placing an order, you should provide a delivery address. The platform is not responsible for the completeness or accuracy of the address information. If there are any issues with the address data that result in delivery problems, it is your responsibility.
5.2 Once the goods have been delivered to your specified delivery address, you become the owner of the purchased goods and assume all risks associated with them.
5.3 If you choose a third-party logistics pickup point as the delivery address, it means you have authorized the third-party logistics pickup point to receive the goods on your behalf, and you assume all risks associated with the goods.
5.4 The platform merchant will arrange for the goods you ordered to be delivered to the delivery address you provided through a third-party logistics provider. When you confirm receipt of the goods, it means you agree to and accept the requirement of the third-party logistics provider to present a photo ID.
5.5 Once the goods have been delivered to the delivery address you provided, they are considered delivered to you and received by you. If you are unable to receive the goods for any reason, you agree and accept that the platform merchant has the right to charge you additional fees (including but not limited to logistics fees) or cancel your order without refund or compensation.
5.6 If you purchase goods from different merchants in the same order, you will receive one or more emails for delivery from different merchants. This means you agree to receive multiple packages at the delivery address you provided.
5.7 Any estimated delivery dates and times for the delivered goods are only estimates. You can track the progress of your order in the order record. You agree and accept that under any circumstances, the platform will not accept order cancellations or provide refunds.
5.8 You agree and acknowledge that the delivery of goods to countries/regions outside of Hong Kong is subject to the regulations and terms of the local government, customs, and third-party logistics providers. You agree not to hold the platform and platform merchants responsible or make any claims in this regard .
6. Product Returns or Exchange
6.1. Except for cases of missing items, incorrect delivery, damaged goods (excluding incorrect usage or intentional damage), and quality issues, returns or exchanges of goods will not be accepted. You should carefully read the return or exchange policies specified by the merchant before placing an order.
6.2. According to the individual return or exchange policies specified by the merchant, if you encounter missing items, incorrect delivery, damaged goods (excluding incorrect usage or intentional damage), quality issues, or incorrect delivery quantities for the ordered goods, you can apply for a return or exchange with the platform's customer service within 7 days from the date of receipt.
6.3. If no return request is made by the customer within 7 days, it will be deemed that the transaction for the purchased goods is completed, and the platform and its merchants will not assume any legal responsibility or arrange any return matters.
6.4. If a return is required, you may need to bear additional costs. Please inquire with the merchant about the logistics and shipping arrangements for the return.
6.5. The returned goods must be unused and in their original saleable condition, including all parts and packaging provided by the manufacturer.
6.6. The packaging of the goods must be in the same condition as when they were delivered to you.
6.7. You agree and accept that returns will not be accepted for goods that have been opened or used.
6.8. You agree and accept that if you return goods purchased with points, the eligible refund will be provided in the form of points with an expiration date, which can be used for your next purchase. Cash or other payment methods will not be provided as a refund. If any promotional discounts were applied to the total purchase amount in points at the time of purchase, you will receive points equivalent to the amount paid for the item being returned.
6.9. You agree and accept that when your user account is terminated, all points will be canceled.
6.10.. You agree and accept that the availability of replacement items will depend on the stock supply by merchant.
6.11. You agree and accept that the acceptance of returns or exchanges is at the sole discretion of the platform's merchants, and under no circumstances will the platform accept direct returns or be responsible for any damages caused to you for any reason.
7. Website and Third-Party Links
7.1. Our platforms may contain links to third-party websites or resources. These links are provided for your convenience, and we do not endorse or assume any responsibility for the content or practices of these third-party sites. Your interactions with such sites are solely between you and the third party.
7.2. When you click on other website links or advertisements, you will be directed to third-party websites or any websites related to HKMall. You may be subject to the privacy policies of those websites, and the company will not be responsible for any actions outside the scope of this website.
7.3. The product photos of platform merchants' eShops are for reference only. The size and color of the goods are based on the products sold by the merchant's eShop.
8. Membership Points Reward Program
8.1. By shopping through our platform website, you may be eligible to receive points as a rebate.
8.2. The qualification for earning points is based on the net payment of each order.
8.3. Net payment refers to the amount after deducting any other discounts or promotions provided by the platform or platform merchants, where applicable.
8.4. Points can be used for purchasing goods from merchant on the platform.
8.5. Points are calculated at a rate of 1 point for every HKD $1 spent. Fractions of HKD $1 will not be counted towards points.
8.6. Points are valid for 12 months.
8.7. Points cannot be transferred or redeemed for cash.
8.8. Points cannot be used to pay for shipping or delivery fees.
8.9.In the event of an account termination, all points will be canceled.
8.10. If the payment process is not completed successfully during a purchase, it means that no points will be awarded or the points used for that transaction will be invalid.
8.11. Points will be credited to your membership account within 7 business days after the merchant ships the goods. You can check your points balance in the HKMall Member Wallet page.
8.12. It is your responsibility to check the validity period of your points. Expired points will be cleared.
8.13. In the case of product returns or refunds, the original receipt must be provided as proof. Points earned from the transaction will be adjusted accordingly based on the price difference.
8.14. If points have been redeemed for gifts, the gifts must be returned or an equivalent amount must be paid. The corresponding points will not be refunded. If you do not have enough points, you will need to pay the price difference to proceed with the return or refund.
8.15. In case of loss or dispute, the data in the HKMall Membership Points System will be considered final, and no points will be replenished.
8.16. By participating in the membership points program, you agree to be bound by the terms and conditions related to the membership points rewards.
8.17. If a member is found to have manipulated their HKMall membership points account, engaged in forgery, fraud, or any other fraudulent activities in an attempt to increase points, redeem coupons, cash vouchers, gift vouchers, or discount vouchers, the platform reserves the right to immediately cease redemption, pursue recovery after redemption, or refuse any further requests for HKMall membership points account. The platform also reserves all legal rights for recovery.
8.18. The platform reserves the right to revise the terms and conditions of the membership points reward program without prior notice.
8.19. The platform reserves the final decision authority in case of any disputes.
8.20. The platform has the absolute discretion to reject or revoke the membership application qualification for the HKMall membership points account, terminate or cancel the membership for any reason.
8.21. The platform reserves the right to terminate your HKMall membership points at any time, with reasonable notice if possible, without giving any reason. All member rights and benefits will be terminated immediately. The platform will not be liable for any loss or damage caused as a result.
9. Promotion Codes, Discount Codes, Coupons, Cash Vouchers
9.1 The promotion codes, discount codes, coupons, and cash vouchers provided by the platform are offers provided by the platform or platform merchants.
9.2 These promotion codes, discount codes, coupons, and cash vouchers are only applicable for one-time purchases made through the platform and are subject to the terms and conditions.
9.3 Promotion codes, discount codes, coupons, and cash vouchers cannot be exchanged for cash or refunded .
9.4 Any unused promotion codes, discount codes, coupons, and cash vouchers will automatically expire on the expiration date.
9.5 If your order is canceled for any reason or qualifies for a refund, the promotion codes, discount codes, and coupons used in that order will be voided, and the platform is not obligated to provide a refund or compensation.
9.6 The platform reserves the absolute right to terminate or modify any promotions at any time without prior consent or notice.
9.7 The platform has the final decision-making authority in any disputes regarding promotion codes, discount codes, coupons, and cash vouchers.
9.8 The platform reserves the absolute right to terminate your promotion codes, discount codes, coupons, and cash vouchers at any time, with reasonable notice, and without providing any reasons. The platform will not be liable for any loss, damages, costs, and/or any other legal liabilities arising from this
10. Intellectual Property Rights
10.1 All content on the HKMall platform, including logos, photos, and text, is owned, controlled, or licensed by HKMall and is protected by Hong Kong and international copyright laws. Without the platform's consent, no person or organization may use the content of this website.
10.2 These terms and conditions do not grant you or any other person or organization any rights, claims, or interests in the intellectual property of the platform. Unauthorized use is strictly prohibited without prior written approval from the platform.
10.3 All trademarks, product names, company names, or logos used on the platform are either the intellectual property assets of the platform or have been authorized for use by their respective owners. You may not make any claims or assertions regarding these intellectual property assets.
11. Content
11.1 All legal rights and interests in the content are owned, controlled, or licensed by our platform. Except for the rights granted to you in section 11.2, these terms and conditions do not grant you any rights or interests in the content, and the platform reserves all other rights.
11.2 Subject to these terms and conditions, you may use the content for your own personal use.
11.3 Unless you have obtained our explicit written consent or have been granted explicit authorization by law, you may not:
11.3.1 Use the content for any commercial or non-personal purposes;
11.3.2 Copy the content or transmit the content to any other device or person;
11.3.3 Reproduce, distribute, publicly communicate, modify, reformat, create derivative works, or display the content.
11.4 You acknowledge and agree that if you violate any terms of this section, we may, at our discretion, cease to provide you with any content.
11.5 The platform will make reasonable commercial efforts to ensure the accuracy of the content, but makes no warranties or representations (express or implied, statutory or otherwise) regarding the accuracy, quality, or completeness of the content or its suitability for any purpose. You also agree that advertisers are solely responsible for the content of their advertisements displayed on the platform's website. Placing such advertisements does not constitute an endorsement or recommendation by the platform, and advertisers are solely responsible for any statements made in their advertisements. The platform will not be liable for any loss incurred as a result of relying on the accuracy of the information contained on our website.
12.. User-Generated Content (UGC)
12.1 When you submit any User-Generated Content (UGC) on the platform's website, including text, files, images, photos, audio, videos, or other materials, you grant the platform a perpetual, irrevocable, non-exclusive, worldwide, transferable, sublicensable, fully paid, royalty-free license to reproduce, distribute, publicly communicate, publicly perform, modify, create derivative works, display, and otherwise use the UGC on the website (including but not limited to promoting and redistributing parts or all of the website) through any media format and through any media channels as permitted by the website's functionality from time to time. You hereby waive and procure the waiver of all other rights of the original creators of the UGC (including the right to be identified as the original creators of the UGC or the right to object to any derogatory treatment of the UGC), whether such rights exist currently or at any time in the future anywhere in the world.
12.2 You represent, warrant, and undertake that:
12.2.1 You have the legal rights and powers to grant the license under clause 12.1 above;
12.2.2 You are the owner of the UGC and/or have all necessary rights, consents, permissions, and licenses to grant the license under clause 12.1 above;
12.2.3 By exercising the license under clause 12.1 above, we will not infringe any third-party intellectual property rights or other rights;
12.2.4 If the UGC identifies any individual (whether by name, image, or otherwise), you have obtained all necessary consents and permissions from such individuals to allow us to use the UGC under the license granted under clause 12.1 above;
12.2.5 The UGC does not include any material that may be illegal, defamatory, obscene, offensive, harmful to any person's safety, intended to harass any person, or unsuitable for display on the website; and
12.2.6 Upon our request, you will provide us with written copies of any consents, permissions, and licenses that you need to obtain.
12.3 You are solely responsible for any legal liability arising from the UGC. We are not responsible or liable for any UGC, regardless of whether we are aware of its content.
12.4 The platform's website only displays UGC related to product quality or promotional offers. UGC related to after-sales or other services will not be displayed. The platform reserves the right to change or remove any UGC that is offensive, defamatory, contains vulgar language, or is unrelated to other users.
13. Statement, Warranty, and Commitment
You declare, warrant, and undertake that you will not:
13.1 Use the platform website for any fraudulent or illegal purposes.
13.2 Defame, insult, harass, stalk, threaten, or infringe upon the rights of others (including but not limited to their privacy rights or publicity rights) on the platform website.
13.3 Obstruct or interfere with the operation of the platform website or the servers or networks used by our website, or violate any rules, procedures, policies, or regulations related to the network.
13.4 Transmit or distribute any harmful or invasive viruses, worms, Trojan horses, or other computer codes that may or are intended to damage, interfere with, or monitor the operation of any hardware, software, or equipment.
13.5 Reproduce, copy, sell, resell, or exploit any part of our website (including applications or software) or its use or connection for any commercial purposes.
13.6 Revise, adapt, translate, reverse engineer, decompile, or disassemble any part of the platform website (including applications or software).
13.7 Construct or replicate any part of the website without prior written consent from the platform.
13.8 Create a database by systematically downloading and storing content, user content, or any website content.
13.9 Infringe upon any copyright, design right, or intellectual property rights of any products.
14. Violation of Terms and Conditions
You must declare, warrant, and undertake not to engage in the following acts of violation. If you violate the terms and conditions, the platform reserves the right to immediately delete any content uploaded by you, including but not limited to images, videos, text, comments, etc., without prior notice. The platform also reserves the right to suspend or permanently terminate your access to the platform account:
14.1 Reproducing or sharing illegal, harmful, threatening, insulting, harassing, potentially infringing, vulgar, obscene, defamatory, privacy-invading, hate-promoting, offensive, sensitive, or otherwise inappropriate content, items, or services.
14.2 Impersonating any person, group, organization, institution, or entity, or making false statements or claims about any person, group, organization, institution, or entity to make untrue statements or other false representations.
14.3 Engaging in any form of enticing, deceiving, or defrauding others of their belongings, services, or money, or violating any applicable laws, including but not limited to money laundering or fundraising for terrorist activities.
15. Compensation
According to the terms and conditions, you agree to compensate the platform and its affiliated companies, as well as their directors, employees, and other partners ("Platform Affiliates"), for any claims, losses, expenses, or other legal liabilities arising from your violation of these terms and conditions, in order to protect the interests of the Platform Affiliates.
16. Disclaimer and Limitation of Liability
16.1 The platform does not guarantee that the services and content provided by the platform (including but not limited to service availability, users, usage methods, and usage restrictions) will be uninterrupted or free from failures during the use of the platform services or any part thereof.
16.2 The platform does not guarantee that the network risks associated with the use of the platform services or any part thereof are predictable and controllable.
16.3 The platform does not guarantee the accuracy, completeness, or reliability of any information or content within the platform.
16.4 You shall bear all risks and any resulting losses, damages, expenses, or other legal liabilities arising from the above-mentioned risks in clauses 16.1 to 16.3, to the extent permitted by law.
16.5 To the extent permitted by law, the platform shall not be liable to you for any form of liability arising from the following reasons:
16.5.1 Any technical, factual, textual, or printing inaccuracies, errors, or omissions on the platform.
16.5.2 Failure to provide all or part of the platform services, including delayed provision.
16.5.3 Network risk factors.
16.5.4 Any false statements regarding the platform.
16.6 Except as provided by law:
16.6.1 The platform shall not be responsible for any indirect or consequential losses, damages, or expenses incurred by you, including loss of profits, loss or damage to any data, network or system, or loss of business or reputation.
16.6.2 The platform shall not make any payment to you as compensation, unless otherwise specified in these terms and conditions.
16.7 To the extent permitted by law, the total liability for compensation (if any) arising from these terms and conditions or other platform services shall not exceed the amount of fees collected from you by the platform in the twelve (12) months prior to the occurrence of the event giving rise to such liability.
16.8 You agree that these limitations are reasonable and will fully accept and comply with them.
16.9 The above exclusions do not affect any statutory rights that cannot be excluded.
16.10 The above exclusions or limitations shall be interpreted as independent and separable provisions in these terms and conditions.
17. Termination
17.1 If the platform discovers that you have violated any terms and conditions, the platform has the right to terminate the cooperation with you immediately and may take appropriate measures, including but not limited to suspending your access to the platform's online store or registration.
17.2 If you intend to terminate the use of the platform, you must provide written notice to the platform at least one month in advance.
18. Content Changes
The platform has the right to modify the services provided by the platform and these terms and conditions at any time without notice, and such modifications will take effect immediately. If there are any changes to these terms and conditions, they will be announced in a timely manner. By continuing to use the platform after any such changes, it indicates that you agree to be bound by the revised terms and conditions. This right includes the right to modify any document that forms part of these terms and conditions .
19. Non-Exclusive
The platform and you do not have an exclusive cooperation relationship. The platform has the right to establish the same cooperation relationship with any other third party at the same time. You may not object to this .
20. Transfer
The platform may transfer these terms and conditions or appoint any third party, including other companies within the group, to provide services to you or fulfill any obligations stated in these terms and conditions .
21. Severability
If any provision of these terms and conditions is deemed invalid or unenforceable by a court of competent jurisdiction, it will not affect the validity or enforceability of any other provisions, and the invalid provision will be considered severed from these terms and conditions .
22. Applicable Law and Dispute Resolution
These terms and conditions are governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region. In case of any disputes, they will be resolved through negotiation. If negotiation fails, you agree to submit to the exclusive jurisdiction of the Hong Kong courts .
23. No Third-Party Rights
Except for you and the platform, no person has the right to enforce or enjoy any provisions of these terms and conditions under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) .
24. General Terms
24.1 The platform's privacy policy covers the use of any data provided by you. By registering, you agree that the platform may collect, store, and use your data, including but not limited to personal and business-sensitive information, in accordance with the existing privacy policy. You acknowledge and agree to be bound by the terms of the privacy policy.
24.2 The platform is not responsible for any violations of these terms and conditions by you. Additionally, the platform will not be held liable for any events or circumstances beyond its reasonable control that result in the inability or delay in providing services .
24.3 The platform has made every effort to clarify whether the quoted prices for the goods provided on the platform's website include any relevant taxes or duties. If the clarity of the quoted prices is unclear in any situation, please be aware that you may be responsible for taxes or duties imposed by the supplier or legislation, in addition to the price (such as value-added tax).
24.4 The platform reserves the right to refuse your access to the platform's website or any part thereof, without notice, and may refuse to provide any services to any user who violates these terms and conditions.
24.5 The platform has the final authority to interpret these terms and conditions.
24.6 If you have any questions or concerns regarding the platform, you can email the platform's customer service at [email protected]
Updated Date: April/2024
