Terms and conditions that apply to your use of our Khalifa Mall services
1.3 The terms "we," and“us," used in this Agreement refer to the relevant Khalifa Mall Limited Contracting Party and any of its relevant Affiliates, and "you" refers to the applicant (if registering for or using a Service as an individual) or the company employing the applicant (if registering for or using a Service as a business) and any of its Affiliates. The definitions given to capitalized terms in this Agreement apply to them.
1.4 By using our platform, you agree to be bound by the following "terms and conditions" or "Agreement" if you use our site or any of our services.
2.1 We areKhalifa Mall Limited, a company registered inHong Kong, trading as an Online Shopping Mall. Our company registration number is3120469 and our registered office is atUnit D 8/F, QCity (D801),
Tak Wing Industrial Building,3 Tsun Wen Road, Tuenmun, N.T Hong Kong.
2.2 For any questions or problems relating to our Platform, our Products, or these terms, you
can contact us by telephoning our customer service team at +9786 1095or email us Info@khalifamallhk.com or mail us at Unit D 8/F, QCity (D801), Tak Wing Industrial Building, 3 Tsun Wen Road, Tuenmun, N.T Hong Kong.
2.4 If we need to get in touch with you, we'll do it by phone or in writing to the email or postal address you gave us.
2.5 When we use the words "writing" or "written" in these terms, this includes emails.
3 CONTRACTS FOR SALE
3.1 We are an e- commerce place where people may offer, sell, and purchase products. The actual sale of the Products is regulated by a contract only between the seller and the purchaser. Regarding an offer for sale, sale, or purchase of any Product featured on our Platform, we are not liable with anyone. The execution of any agreements between a buyer and a seller is not our responsibility.
3.2 We have no control over and make no representations regarding the existence, suitability, legality, or safety of any goods offered or advertised on our platform, the accuracy, veracity, or truth of any information provided by users, their creditworthiness, their ability to sell or buy goods, or whether a given buyer and seller will successfully complete a transaction.
3.3We are involved in any transaction between a buyer and a seller on our Platform.
3.4 We are not the buyer's or seller's agent.
3.5 The information in listings, comments, and/or reviews made by users may be checked, audited, or monitored by us (at our discretion; however, we are under no obligation to do so).
3.6A buyer may place orders on the Platform as instructed on our Platform. A seller's
acceptance of a buyer's order will take place when they email the Platform to accept it, at
which point a contract will come into existence between the Platform, seller and the buyer.
3.7 Each order will be given a distinct order number. When contacting us regarding your order, please be sure to provide the order number.
3.8Our Platform is solely for the sale and promotion of Products inHong Kong.Wecurrently do not deliver to addresses outside Hong Kong. We currently do not accept orders fromaddresses outsideHong Kong.
4 TERMS AND CONDITIONS FOR SALE
4.1 If you offer a product on our platform, you abide by the latest versions of our content policy, listing guidelines, and selling procedures. You are responsible for the listing's and the product's offered content's correctness, comprehensiveness, and truthfulness. Any listing that doesn't follow our guidelines, policies, and practices may be modified, suspended, or terminated at our discretion or in order to improve user experience.
4.2 The appearance, positioning, and order of listings in search and browse results are entirely at our decision. The buyer and seller's respective locations, the search keywords used, and the buyer and seller's individual histories on the Platform are some of the variables we may take into account when reaching such a conclusion.
4.3 All sellers on the Platform must clearly state the terms and conditions of sale ("Seller's
Terms") in their listings, including the following information:
4.4 You are responsible in maintaining the correctness and timeliness of any uploaded information and materials. Any listings that are no longer available ought to be deleted.
4.5 You must comply with all applicable laws and regulations in providing, delivering or
rendering the Products that you offer or sell.
5 TERMS AND CONDITIONS FOR PURCHASE
5.1 You agree to abide by all of our latest, applicable rules and policies when purchasing a Product. Before making a purchase or placing a bid on any Product, it is your responsibility to read the entire listing.
5.2 Any order placed or bid submitted in respect of a Product is deemed irrevocable and
unconditional. In placing an order or submitted a bid you agree to the Seller's Terms set
out in the seller's listing for the Product.
5.3 When you choose to purchase a product, your order is accepted, or you place the winning bid, you enter a contract that is legally binding (or your bid for a Product is otherwise accepted).
5.4 We do not transfer legal ownership of Products from the seller to the buyer.
6.1 When providing content on or to our Platform, you grant us a non-exclusive, globally, irrevocable, royalty-free, sub-licensable right to use, reproduce, procedure, modify, publish, display and distribute such content for the purpose of facilitating Products to you and the promotion of our Platform.
6.2 For all content that you provide, you warrant that:
(A) The information is true, current, and not misleading.
(B)In order to fulfill your duties under these conditions with respect to such content, you possess or otherwise control all necessary rights; and
(C)the usage of such content does not and will not violate any third parties' intellectual property rights.
6.3 While we make an effort to provide accurate information, we cannot guarantee that it will always be available or that any content or information on our Platform will be comprehensive, accurate, or up to date. Catalogs of listings may include product photos, descriptions, and specifications submitted by users or other third parties, and when we offer such catalogs.
6.4 You acknowledge that we are not obligated to review or guarantee any listings submitted by users if you are purchasing Products. It is your responsibility to check the accuracy of your listings if you are selling Products.
6.5 For any content that you or any third party contribute, we disclaim all duty and accountability. You acknowledge that you will not hold us accountable for any incorrect or misleading content.
7 BUYER’S RIGHTS TO MAKE CHANGES
Please get in touch with the Platform if a customer wants to alter something about the Product they've bought. The decision to accept or reject the amendments is entirely up to the Platform or the seller. The seller will inform the buyer through the platform of any adjustments to the product's pricing, the time of supply, or anything else that would be required as a result of the requested adjustments and will request authorization from the buyer before proceeding with the adjustment. The buyer may ask to stop the contract (see Clause 9 - A buyer's rights to end the contract) if the seller cannot make the adjustment or the changes' consequences are intolerable to the buyer.
8 A SELLER'S RIGHTS TO MAKE CHANGES
8.1Periodically, sellers could make little adjustments to their products in order to:
(a)reflect any modifications to relevant regulatory and legal requirements; and
(b)execute small technical adjustments and upgrades, such as to address a security concern. The way a customer uses the product won't be impacted by these modifications.
8.2Prior to the adjustments going into effect, the seller will provide the customer notice if they make any major changes to their products or the seller's terms for the products. If the purchaser does not accept the changes, the purchaser may contact the seller to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
9A BUYER'S RIGHTS TO END THE CONTRACT
9.1If a buyer discovers a problem in all or some of the provided goods, they must:
(a) notify the seller in writing and return the purportedly defective goods to the seller;
(b) In the situation that the returned products are discovered to be faulty, the seller will, at its choice, either repair or replace the defective products, replace the defective products and perform the services, or refund the entire purchase price of such defective products.
9.2If a buyer is ending a contract for a reason set out below the contract will end
immediately, the seller will refund the buyer in full for any Products which has not been
provided and the buyer may also be entitled to compensation:
(a) the buyer has been informed by the seller of an upcoming adjustment to the product or the seller's terms for the product, which the buyer does not agree to (see Clause 8.2);
(b) the buyer has been informed by the seller of an error in the price or description of the Product ordered, and the buyer does not wish to proceed;
(c) there is a possibility that the supply of the Products may be substantively delayed due to circumstances beyond the seller's control; or
(d)the seller has suspended supply of the Products for technical reasons, or notifies the
buyer that the seller is going to suspend them for technical reasons, in each case for a
period of more than
9.3 Each customer is given a goodwill guarantee on our platform, which allows them to change their minds at any time and get a refund.
9.4 A buyer hasseven days period to change his mind after the day he receives the
Products. However, he cannot change his mind if the Product is perishable or damaged
the seller emails him to confirm his order. However, once the seller has completed the
services, the buyer cannot change his mind even if the period is still running. If the buyer
changes his mind during the period that the seller is providing the services, the buyer
must pay the seller for the services provided up until the time the buyer informs the seller
that he has changed his mind the seller emails the buyer to confirm his order. However,
once the buyer starts downloading or streaming, he cannot change his mind even if the
period is still running.
9.5 A buyer does not have a right to change his mind after sealed Products have been once
services have been unsealed or any Products have become mixed inseparably with
other items completed, even if the cancellation period is still running after he has started
downloading or streaming digital content.
9.6 Even if a seller is not at fault and a buyer does not have a right to change his mind under
Clause 9.3, a buyer can still end the contract before it is completed (i.e. when the
Product is delivered seller has finished providing the services Product is downloaded or
streamed and the buyer has paid for them) by giving notice in writing to the seller,
provided that the buyer will pay reasonable compensation for the net costs the seller will
incur as a result of ending the contract. In such case, the contract will end immediately
one (1) calendar month after the day on which the buyer contacts the seller. The seller
will refund any advance payment the buyer has made for Products which will not be
provided to the buyer.
9.7 To end the contract with a seller, select the relevant option in your account, or email our
customer services email@example.com.
9.8 If a buyer ends the contract with a seller, the seller will refund the buyer the price the
buyer paid for the Products including delivery costs, but the seller may make the
following deductions from the price:
(a)deductions to reflect any deduction in value of the Products caused by the buyer
handling them in an unacceptable way (if refund is arranged before the seller is
able to inspect the Products and later discovers that the buyer has handled them in
an unacceptable way, the buyer must pay the seller the appropriate amount); and
(b)deductions to reflect the difference between the least expensive delivery method
the seller offers and the delivery method chosen by the buyer for the Products
9.9 If a buyer ends the contract with a seller, the seller will refund the buyer the price the
buyer paid for the Products, but the seller may deduct from the refund the price for the
part of services already provided (up to the time the buyer informs the seller that the
buyer is ending the contract with the seller) in proportion to the full price of the services.
9.10 If a refund is due, a seller must make the refund to the buyer as soon as possible. in any
event within seven days from the day the buyer informs the seller that thebuyer wishes to end the contract.
10RETURN OF PRODUCTS UPON END OF CONTRACT
10.1If a buyer ends the contract for any reason after Products have been delivered, the
buyer must return them to the seller by such method and within such timeframe as
specified by the seller.
10.2 Either the seller or the buyer will pay the costs of return (or collection) of the Products. If
you are the buyer, check the return policy section of the listing posted by the seller.
11A SELLER'S RIGHTS TO END THE CONTRACT
11.1 A seller may end the contract for a Product at any time by writing to a buyer ifthe buyer does not, within a reasonable time, allow the seller access to deliver the
Products buyer's premises to supply the buyer or collect them from the seller services; or
11.2 If the seller ends the contract in the situations set out in Clause 11.1 11.1 the seller will
refund any money the buyer has paid in advance for Products that have not been
provided, but the seller may deduct or charge reasonable compensation for the net costs
the seller will incur as a result of the buyer breaking the contract.
12PRICE AND PAYMENT
12.1The price of the Product will be the price indicated on the order pages when a buyer
places his order. Each seller must take all reasonable care to ensure that the price of the
Product advised is correct.
12.2 It is always possible that, despite best efforts by the seller, some Products may be
incorrectly priced on the Platform. If the correct price for the Product at a buyer's order
date is less than the price stated to the buyer, the seller will charge the lower amount;
but if it's higher than the price stated to the buyer, the seller will contact the buyer through the platform forinstructions before accepting the buyer's order.
12.3A buyer must pay for the Products by such time and in such manner as specified in the
12.4If a buyer thinks an invoice is wrong please contact the platform promptly to let them know.
13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1Subject to Clause 13.2:
(a)all warranties, conditions, or terms relating to fitness for purpose, quality, or condition of
the Products, whether express or implied by statute or common law or otherwise, are
(b)we shall not be liable to you (whether in contract, tort or otherwise) for any loss of profit
or any indirect or consequential loss arising from or in connection with the provision ofthe Products; and
(c)our total liability to you for all losses arising from or in connection with the use of the
Platform shall be limited to the price of the relevant Products sold to you on our Platform.
13.2Nothing in these terms will limit or exclude our liability for:
(a)death or personal injury caused by our negligence, or the negligence of our employees,
agents or subcontractors (where applicable);
(b)fraud or fraudulent misrepresentation; or
(c)any matter in respect of which it would be unlawful for us to exclude or restrict liability
14USE OF YOUR PERSONAL INFORMATION
14.1 When you register or otherwise use our Platform, you provide us with personal data
14.2If you process a buyer's or seller's personal information in order to complete a transaction or in any other way use the Platform, you confirm and promise to use that information solely for the purposes of participating in the Platform's marketplace and (if applicable) providing products to buyers. You also promise to take all reasonable organizational and technical precautions to keep that information secure.
15.1 The use of the Platform is subject to these terms, which represent the whole understanding between any user and us. All prior written or oral agreements, promises, assurances, guarantees, representations, and understandings between any user and us regarding the use of the Platform are superseded and eliminated by these terms.
15.2You acknowledge that you will have no remedies in respect of any statement,
representation, assurance or warranty (whether made innocently or negligently) that is
not set out in these terms.
16 OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under these terms to another organization.
We will contact you to let you know if we plan to do this. If you do not wish to continue
the contract with the transferee, you may contact us to end the contract within onecalendar month of us informing you of the proposed transfer and we will refund you anypayments you have made in advance for Products not provided.
16.2 You may only transfer your rights or your obligations under these terms to anotherperson if we agree to this in writing.
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the
paragraphs of these terms operates separately. If any court or relevant authority decides
that any of them are unlawful, the remaining paragraphs will remain in full force andeffect.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist
immediately that you do anything you are required to do under these terms, or if we
delay in taking steps against you in respect of your breaking this contract, that will not
mean that you do not have to do those things and it will not prevent us taking steps
against you later. For example, if you miss a payment and we do not chase you
but we continue to provide the Products, we can still require you to make the payment at
a later date.
In case of discrepancies between the English and Chinese language versions of these
terms, the English Chinese version shall prevail.
18GOVERNING LAW AND DISPUTE RESOLUTION
18.1 These terms are governed by and shall be construed in accordance with the laws of the
Hong Kong Special Administrative Region.
18.2The courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction
to settle any dispute or claim arising out of or in connection with these terms.
18.3 Alternative dispute resolution is a process where an independent body considers the
facts of a dispute and seeks to resolve it, without you having to go to court. If you are not
happy with how we have handled any complaint, you may want to contact the alternativedispute resolution provider we use. You can submit a complaint to Khalifa Mall Limited via e-mail at Info@khalifamall.com. Khalifa Mall Limited will not charge you for making a complaint and ifyou are not satisfied with the outcome, you can still bring legal proceedings.