General Terms and Conditions
Terms and Conditions
1. Services
1.1. We are KMB Design Co. Ltd. (collectively "we", “us” or the "Company"), an associated company of The Kowloon Motor Bus Company (1933) Limited and we own and operate the Company’s website located at URL https://www.design1933.hk (collectively as the “Online Shop”). The Online Shop facilitates a convenient way to, access, sign up for membership or purchase any of the Company's services, products or online content (“the Services”).
1.2. By using the Online Shop, you agree to be bound by these Terms and Conditions. Please read them carefully.
1.3. We reserve the right to make changes to the Terms and Conditions from time to time without providing any prior notification. The Terms and Conditions are effective from the date they are published on the Online Shop. Your continued access and use of the Online Shop and the Services shall represent your unconditional acceptance of the latest version of the Terms and Conditions.
1.4. The headings and sub-headings in the Terms and Conditions are inserted for convenience only and shall be ignored in construing the Terms and Conditions. Unless the context otherwise requires, words importing the singular include the plural and vice versa and words importing a gender include every other gender, and references to any person shall include references to an individual, firm, body corporate or unincorporated entity.
1.5. The meaning of some words used in the Terms and Conditions are as follows:
1.5.1. “we”, “us” or “our” is a reference to (name of person or company providing the Services);
1.5.2. “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;
1.5.3. “Content” means all text, graphics, logos, icons, photographs, images, music, sound, 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 the Online Shop;
1.5.4. “Hong Kong” means the Hong Kong Special Administrative Region of the People's Republic of China;
1.5.5. “merchandise” means the goods or the Services, which may from time to time be available to be purchased via the Online Shop, that you ordered and will pay for;
1.5.6. “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;
1.5.7. “Services” has the meaning given in clause 1.1;
1.5.8. “supplier” means the seller and supplier of the merchandise you ordered through the Online Shop;
1.5.9. “Terms and Conditions” means the terms and conditions as amended from time to time and posted on the Online Ship;
1.5.10. “the Online Shop” means our KMB Design Co. Ltd.’s website located at http://www.design1933.hk; and
1.5.11. “User Content” has the meaning given in clause 10.1.
2. Registration
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:-
2.1.1 you are aged 18 years or above and capable of forming a legally binding contract; and
2.1.2 you represent to us and to all suppliers of the merchandise through the Online Shop that all purchases made by you through the Online Shop will be within the scope of your authority to conclude contracts.
2.2 In consideration of your use of the Services, you agree to the following:-
2.2.1 provide true, accurate, current and complete information about yourself when filling out our registration form; and
2.2.2 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 and/or account.
3. Order
3.1 We are responsible for managing and administering the Online Shop, arranging order processing and fulfilment for the merchandise you ordered.
3.2 When you place an order, you are making an offer to buy from the Company the merchandise you have specified at the price stated on the Online Shop 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.
3.3 We will confirm by email acknowledging your order to confirm that we have received your order by email. This communication will be proof of our acceptance of your order.
3.4 Our acceptance email of your order will only cover the merchandise mentioned in the email and may not cover all merchandise ordered by you. The order you made for the remaining merchandise will only be accepted when we send a further acceptance email of that remaining part of your order.
3.5 The availability of the merchandise is shown online on the Online Shop and will be updated regularly. However, the availability of the merchandise showed online should not be relied on as definite statements as to whether the merchandise you wish to purchase are actually in stock.
3.6 We reserve our right to not accept or cancel an order for any reasons at our sole discretion, including without limitation to the following:-
3.6.1 no sufficient stock to deliver the merchandise you have ordered;
3.6.2 delivery cannot be arranged for your requested area; or
3.6.3 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.
3.7 If we cancel your order, we will notify you 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 any other losses incurred or to be incurred by you.
4. Price and Payment
4.1 We will use all reasonable commercial endeavours to ensure the availability of the merchandise on the Online Shop. However, as quantity stated on the Online Shop may not be accurate and up to date, we cannot confirm the order until we send you our acceptance of your order.
4.2 We only accept credit card payments made by Visa, MasterCard, UnionPay and American Express. When you place an order, you authorise us to debit your credit card the total amount of the order stated in our acceptance email of your order.
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 any credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
5. Delivery
5.1 We reserve the right to decline delivery of the ordered merchandise at our sole discretion. You agree and accept that you will, upon notification of non-delivery, collect your ordered merchandise from our pickup location or delivery service and under no circumstances will we accept cancellation of the order or refund.
5.2 You agree to present your photo identification upon request when you acknowledge receipt of the merchandise. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons.
5.3 We may deliver the merchandise in one or more instalments. You agree and accept that under no circumstances will we accept cancellation of the order or refund.
5.4 Ownership of the merchandise ordered will be transferred to you upon delivery to you or picked up by you. Once merchandise has been received by you, they will be held at your own risk and we will not be liable for any loss or damage.
5.5 For delivery options and prices, please refer to the options and details offered during the payment process on the Online Shop.
6. Returns or Exchanges
6.1 Unless otherwise specified, no return or exchange of merchandise will be accepted.
6.2 Subject to the returns or exchanges policy of individual supplier, merchandise may be returned or exchanged within seven (7) days of receipt if the merchandise 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:
6.2.1 the returns or exchanges policy applies;
6.2.2 the merchandise is 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; and
6.2.3 the packaging of the merchandise must be in the condition in which it was delivered to you.
6.3 If any promotional discount was applied to the total purchase amount at the time of purchase, you will be refunded in the amount paid at the time of purchase for that item.
6.4 You agree and accept that exchange of merchandise is subject to stocks availability.
6.4 No return or exchange will be allowed for areas outside Hong Kong.
7. Disclaimer of Warranties and Limitation of Liability
7.1 We do not represent or warrant, express or implied, that:-
7.1.1 access to the Online Shop (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free;
7.1.2 the Online Shop or any of its contents will be accurate, complete or reliable;
7.1.3 any Services (whether or not provided by us) will be provided with due care and skill;
7.1.4 any merchandise available on the Online Shop (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);
7.1.5 the use or exercise of reasonable care and skill in providing or delivering any of the Services on or through the Online Shop or the timeliness of the Services offered or provided on the Online Shop;
7.1.6 non-infringement of any third party intellectual property rights; or
7.1.7 the Online Shop being free of computer viruses or other harmful elements.
7.2 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such data transmission, we do not warrant and cannot ensure the security of any information which you provide and/or transmit to us. Any information which you provide and/or transmit to us is provided and/or transmitted at your own risk.
7.3 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:-
7.3.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the Online Shop (including using our mobile applications or software) or any information on the Online Shop;
7.3.2 the unavailability of the Online Shop (or any part of it), merchandise or the Services;
7.3.3 any delay in providing, or failure to provide or make available, merchandise or the Services, or any negligent provision of merchandise or the Services;
7.3.4 any merchandise not being of merchantable quality or fit for their intended purpose;
7.3.5 any misrepresentation on or relating to the Online Shop, the merchandise or the Services; or
7.3.6 Any transaction between you and any third party in relation to any merchandise or the Services on, from or related to the Online Shop.
7.4 Save as required by law:-
7.4.1 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
7.4.2 we will have no liability to pay any money to you by way of compensation except otherwise specified in the Terms and Conditions.
7.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from the Online Shop. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
7.6 You agree that each of these limitations is reasonable having regard to the nature of the Online Shop and in particular given that when you purchase merchandise through the Online Shop.
7.7 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 the Services or the merchandise to you.
7.8 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of the Terms and Conditions.
8. Warranties
8.1 You represent, warrant and covenant that you will not:-
8.1.1 use the Online Shop for any purpose that is unlawful or prohibited by any applicable laws, statues, ordinances and regulations or the Terms and Conditions contained herein. You recognise the global nature of the Internet and you understand that the applicable laws may be of a jurisdiction other than your own and you agree that compliance with applicable laws is your sole responsibility;
8.1.2 use the Online Shop to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
8.1.3 trespass, break into, access, use or attempt to trespass, break into, access, interfere with or disrupt or use any other parts of the Online Shop or the servers or networks used to make the Online Shop available for which you have not been authorised by us; or violate any requirements, procedures, policies or regulations of such networks;
8.1.4 post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others;
8.1.5 post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
8.1.6 transmit or otherwise make available in connection with the Online Shop any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to interrupt, damage or limit the operation and functionality of, or to monitor the use of, any hardware, software, or equipment of or through the Online Shop;
8.1.7 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Online Shop (including our mobile applications or software);
8.1.8 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Online Shop (including our mobile application);
8.1.9 frame or mirror any part of the Online Shop without our express prior written consent;
8.1.10 collect or store personal data about other users, or create a database by systematically downloading and storing the Content, User Content or any content of the Online Shop; and
8.1.11 infringe any copyright, design right and intellectual property right of the merchandise.
8.2 We reserve the rights from time to time, without notice, to access your account or to observe and record your access to and use of the Online Shop to determine if you are complying with the Terms and Conditions.
9. Content
9.1 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 10.2, nothing in the Terms and Conditions shall confer on you any right or interest in the Content and all other rights are reserved by us.
9.2 Subject to the Terms and Conditions, you may use the Content for your own personal non-commercial purposes.
9.3 Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:-
9.3.1 use the Content for any commercial or other non-personal purpose;
9.3.2 make any copies of the Content or transfer the Content to any other device or any other person; or
9.3.3 derivative works of or display the Content.
9.4 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.
9.5 We shall use all reasonable commercial endeavours 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 the Online Shop rests solely with the advertisers. Any dealings you may have with any advertiser appearing on the Online Shop or your participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. We shall not be responsible or liable for any part of any such advertisement dealings or promotions. 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. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, posted, emailed or otherwise transmitted via the Company’s website.
10. User Generated Content
10.1 When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to the Online Shop (“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 Online Shop, including without limitation for the purposes of promoting and redistributing part or all of the Online Shop 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 Online Shop a sub-licence to use the User Content to the extent permitted by the functionality of the Online Shop 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.
10.2 You represent, warrant and covenant that:-
10.2.1 you have the legal right and authority to grant the licence in Clause 10.1 above;
10.2.2 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;
10.2.3 by exercising the licence in Clause 10.1 above, we shall not infringe the intellectual property rights or other rights of any third party;
10.2.4 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;
10.2.5 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 the Online Shop; and
10.2.6 at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
11. Indemnity
11.1 You agree to indemnify us and all of our directors, employees, agents, 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. No waiver of any breach the Terms and Conditions will amount to a waiver of any other breach.
12. Linked Websites
12.1 Certain links, including hypertext links, in the Online Shop will take you outside the Online Shop. 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 do not monitor nor are we responsible for the content of any website outside the Online Shop. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any linked website.
13. Termination
13.1 We may terminate your access to the Online Shop or registration immediately if:-
13.1.1 you are in breach of any of the Terms and Conditions;
13.1.2 we are unable to verify or authenticate any information you provide to us;
13.1.3 we are of the view that your actions may give rise to liability of any nature; or
13.1.4 we are of the view that your actions are unsuitable or inappropriate;
13.2 Any rights that have accrued to any party at the date of termination will remain enforceable after termination.
14. Intellectual Property
14.1 All intellectual property rights in the Content, User Content, design, text, graphics and other material on the Online Shop and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised use of the said intellectual property rights without our prior written permission is strictly prohibited.
14.2 All trademarks, product names and company names or logos used in the Online Shop are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
15. Promotion Code
15.1 Promotion code or coupon offered by us shall only be applicable for one-off purchase at the Online Shop subject to special terms and conditions.
15.2 Promotion code or coupon is neither refundable nor redeemable for cash. Any unused amount will be forfeited.
15.3 We reserve the right to terminate or vary the above offers. In the event of any dispute, our decision shall be final and conclusive.
16. General
16.1 Where in these terms representations and warranties are made to us and to suppliers of merchandise through the Online Shop, 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.
16.2 We reserve the right at any time without notice to revise, remove, withholding without warning the Content of the Online Shop (including the Services offered by us) and the Terms and Conditions. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Online Shop or any part thereof. Any changes to the Terms and Conditions will be posted on the Online Shop at our discretion and by continuing to use the Online Shop following any such change, you agree to be bound by the revised Terms and Conditions. This right includes the right to change any of the documentation which forms part of the Terms and Conditions.
16.3 We take privacy issues seriously. Our privacy policy covers our use of any information you provide. In using the Services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
16.4 We reserve the right at our sole discretion to deny users’ access to the Online Shop or any part of the Online Shop without notice and to decline to provide the Services to any user that is in breach of the Terms and Conditions.
16.5 We shall not be liable to you for any breach of the Terms and Conditions of use or any failure to provide or delay in providing the Services through the Online Shop resulting from any event or circumstance beyond our reasonable control.
16.6 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 the Terms and Conditions.
16.7 We may assign the Terms and Conditions to 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 the Terms and Conditions.
16.8 You shall not assign, transfer, sub-contract, or license your rights and obligations under the Terms and Conditions, whether in whole or in part without our written consent.
16.9 The Terms and Conditions set forth the entire agreement and understanding between you and the Company concerning your use of the Online Shop and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of the Terms and Conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in the Terms and Conditions.
16.10 The Terms and Conditions and any claim relating to the Online Shop are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
16.11 If there is any inconsistency between the English and Chinese version of the Policy, the English version shall prevail.
16.12 We shall not be liable for any failure or delay in performing any obligations under the Terms and Conditions where such failure or delay is occasioned by act of God, acts of a government in either its sovereign or contractual capacity, fires, explosion, floods, earthquakes, war (whether declared or not), riot or civil commotion, protests, port congestion, freight embargoes or strikes etc.
Last Updated: October 2020
