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條款及條件

 

  1. Welcome to the-K-element.com, a website owned and operated by the K element Company. By using, visiting or shopping at the-K-element.com website, you agree to be bound by these Terms and Conditions, as well as the other policies posted in the-K-element.com website. In these Terms and Conditions, the-K-element.com website is referred to as the “Site” and the K element Company is referred to as the “Company”.
  1. The Company is located in Hong Kong. By displaying products on the Site, the Company is making an offer to sell such products only to those who are legally capable of accepting and do accept such offer in Hong Kong on the terms and conditions set out herein. If you place an order for products shown on the Site, your order will be deemed an acceptance in Hong Kong of such offer pursuant to these Terms and Conditions.
  1. The Company grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site or any portion of the Site, except with the express written consent of the Company.  The Company also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Site so long as the link does not portray the Company, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.
  1. The licenses set forth in these Terms and Conditions do not include any rights to:
  • Interfere or attempt to interfere with the proper operation of the Site;
  • Bypass any measures used to prevent or restrict access to any portion of the Site;
  • Use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by the Company or its affiliates through the Site;
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
  • Compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;
  • Reproduce, record, retransmit, sell, rent, distribute, publish, post or perform any of the content of the Site;
  • Modify, download (other than page caching), reproduce, copy or resell the Site, the content or any portion or derivative thereof;
  • Copy or download any account information of any user of the Site for the benefit of any other person or entity;
  • Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Company;
  • Use the name of the Company, trademarks, service marks or logos in any meta tags or any other “hidden text”; or
  • Use the logo of the Company or other proprietary graphic or trademark as part of a link without express written permission.

Each of the foregoing is expressly prohibited without prior express written consent of the Company. Any unauthorized use of the Site or any portion or derivative thereof by, on behalf of or through you shall terminate any license or permission granted to you by the Company.

  1. You agree that the Company may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site and your Site account without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms and Conditions or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that none of the Company, any of its employees, officers, directors, shareholders, agents and representatives will be liable to you or to any third party for termination of your access to the Site.
  1. All content included on the Site, including, without limitation, text, articles, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, ("Content") is the property of the  Company or its licensors, product suppliers or content suppliers (including users who supply Content) and is protected by applicable copyright laws.  The design, selection, arrangement, coordination and compilation of all Content on the Site are the exclusive property of the Company and are protected by applicable copyright laws.  All software used on the Site is the property of the Company or its software suppliers and is protected by applicable copyright laws.
  1. Content on the Site may be provided by third parties, either as a result of submission by users or other persons or because of selection by the Company. Any opinions, advice, statements, descriptions, services, offers, information or other Content expressed or made available by third parties on or through the Site ("Third-Party Content") are solely those of the respective authors or distributors and not of the Company. None of the Parties of the Company guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content. The Parties of the Company make no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made by an authorized representative of the Company while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will any Party of the Company be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third-Party Content.
  1. No Party of the Company will assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content.  However, if you believe that the Site contains Content that infringes copyright rights held by you, please contact the Company at the e-mail address or physical mail address below with the following information and signature:
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address (including country), telephone number and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Your notice should be sent to cs@the-k-element or, if by physical mail, to:

The K element Company

9/F CLI Building

313 Hennessy Road, Wanchai

Hong Kong

  1. The Company offers a variety of payment methods on the Site for the convenience of customers.  Please note that each of the payment methods discussed below may not be available at all times.  You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.
  1. If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities as a cardholder.  YOU, AND NOT THE COMPANY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY.  You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred.  Unless you notify the Company of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes.  If the Company does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by the Company or its agents.
  1. If payment is made by PayPal, the user agreement for the PayPal service will govern your use of that service, and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities as a PayPal member.  YOU, AND NOT THE COMPANY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYPAL ACCOUNT BY A THIRD PARTY.  You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify the Company of any discrepancies within sixty (60) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes.  If the Company does not receive payment through the PayPal service, you agree to pay all amounts due upon demand by the Company or its agents.
  1. Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products.  The Company does not represent or warrant that the descriptions of any products shown on the Site (including personal care products) are accurate or complete.  IF YOU PURCHASE A PRODUCT FROM THE COMPANY THAT IS NOT AS DESCRIBED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR THE COMPANY CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.
  1. The Company has made every effort to display the colors of products on the Site as accurately as possible.  However, as the actual colors you see will depend on your monitor the Company cannot guarantee that your monitor’s display of any color will be accurate.
  1. The Company cannot confirm the price of a product until you order.  It is possible that the price for a product may increase or decrease between the time that the product is placed in a “shopping cart” or “shopping bag” and the time the purchase is actually made.  Also, despite the Company’s best efforts, a small number of the products on the Site may display incorrect prices.  If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of the Company, the Company may either (a) contact you for instructions before shipping the product or charging you for such product or (b) cancel the order for such product and notify you of such cancellation.
  1. The Company will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, that contain other incorrect information or typographical errors or that are unavailable for any reason.   The Company will have this right regardless of whether the order has been confirmed or your credit card or other payment service has been charged.  If your credit card or payment service has already been charged for the purchase and your order is cancelled, the Company will immediately issue a credit to your credit card or payment service in the amount of the charge.
  1. Price comparisons may be made throughout the Site to indicate the relative savings amounts of The Company’s pricing.  Amounts shown as “Save” reflect the difference between the sale price and the Company’s normal or “list” price for a given product.  However, the Company makes no representation that a substantial number of these products have been sold or made available for sale at the list price.
  1. The Company accepts returns of most defective products and products damaged in shipping in accordance with the terms and conditions posted from time to time at “Customer Service –Returns.”
  1. Replacement or repair of returned products will be made in accordance with the Return and Refund Policy.  Any refunds provided pursuant to the Returns Policy will be made in the form of credit that may be applied to other purchases on the Site.
  1. Please review the Company’s Privacy Policy, which also governs your visit to and usage of the Site, to understand the Company’s practices with respect to usage and handling of user information.
  1. You acknowledge and agree that the Site is a public space and that your participation in and Submissions to the Site create no expectation of privacy. Further, you acknowledge that any personal information you submit to the Site may be seen and used by others. No Party of the Company is responsible for information that you or others choose to submit to the Site, or for your actions or the actions of other users. The Company or its designated agents may remove or alter any information, Content or Submission posted or otherwise disclosed on the Site at any time for any reason.  IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE AS A SUBMISSION OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
  1. While the Company takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, no Party of the Company is responsible for the acts of those who gain unauthorized access, and no Party of the Company makes any warranty, express, implied or otherwise, that the Company or any other Party of the Company will prevent unauthorized access to your private information.
  1. Certain portions of the Site may require you to establish an account, username and password. You are responsible for maintaining the confidentiality of such account, username, and password and agree to accept responsibility for all activities that occur under your account, username or password. You agree to notify the Company immediately of any unauthorized use of your account, username or password or any other breach of security with respect to the Site. You may not use anyone else’s account, username or password at any time. You may not attempt to gain unauthorized access to the Site. You may not authorize any other person to use your account, username or password. You agree to provide the Company with accurate, current and complete information about yourself and your billing information as prompted in the registration process.  You may update your account information by clicking on the “My Account” link on the Site.
  1. The Site may contain links, log-in interfaces and other connections to third-party websites and applications (including, without limitation, websites, widgets, software and other software utilities) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by the Company. Applications are provided solely as a convenience to you and the Company is not responsible for and does not sponsor or endorse the content of Applications. You will need to make your own independent judgment regarding your interaction with Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your the Company account. By using Applications, you acknowledge and agree to the following: (1) if you use an Application to share information about you, your actions on the Site or relating to your the Company account, you are consenting to such information being shared; (2) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if the Company has not provided such information; and (3) your use of an Application is at your own option and risk and you will hold the the Parties of the Company harmless from any sharing of information about you, your actions on the Site or relating to your account that results from your use of an Application. In addition, each Application’s end-user license agreement, terms of use, privacy policy and any other documentation or materials designated by the Application will govern your use of that Application. If you revoke an Application’s access to your account, information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. The Parties of the Company do not take any responsibility for the performance of any Application or the use of any information shared with any Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not the Company.
  1. The Company may allow you to log in to the Site using "Facebook Connect", a Facebook, Inc. ("Facebook") Application, either as the sole means of logging in or as an alternate means. The Company may also allow you to use other Facebook Applications and features, such as a “Like” button, so that you may use information from your Facebook account on the Site and share activities and other information related to the Site via Facebook.com. In addition to the terms set forth above with respect to all Applications (and without limiting the generality thereof), by using Facebook Connect and/or other Facebook Applications and features, you permit the Site to access information related to your Facebook account (including your profile information, friends and privacy settings) and you permit Facebook to check your Facebook account cookies when you are visiting the Site and to receive information concerning actions you take on the Site.
  1. The Site may contain links to other websites.  The Parties of the Company are not responsible for examining or evaluating, and the Parties of the Company do not warrant the offerings of, any of the businesses or individuals operating such websites or the content of such websites.  No Party of the Company assumes any responsibility or liability for the actions, products or content of any of these third-party websites.  You should carefully review the privacy statements and other conditions of use set forth in such websites.
  1. The Company does not intend the Site to be viewed or used by individuals under the age of 18 (“minors”) without the supervision of a parent or guardian 18 years of age or older.  The Company relies upon parents and guardians to determine if any Content or items available on the Site are appropriate for the viewing, access or purchase by minors.  If a user is a minor, such minor may use the Site only under the supervision of parent or guardian. If a user is under 13 years of age the user may not, even under the supervision of a parent or guardian, make any Submissions.
  1. You consent to receive communications from the Company by e-mail.  The Company will communicate with you by e-mail or by posting notices on the Site.  You agree that all agreements, notices, disclosures and other communications that the Company provides to you in this manner satisfy any legal requirement that such communications be in writing.
  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY THE COMPANY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND YOUR USE OF ALL PRODUCTSINCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK.  NO PARTY OF THE COMPANY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES OF THE COMPANY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  NO PARTY OF THE COMPANY GUARANTEES OR WARRANTS THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE, OR THE CONFORMANCE OF ANY THIRD PARTY’S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION OR POLICY.  NEITHER THE COMPANY NOR ANY OTHER PARTY OF THE COMPANY WARRANTS THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE.

NO PARTY OF THE COMPANY WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM THE COMPANY OR ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY THE COMPANY PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE PARTIES OF THE COMPANY ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.

THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS IN THE IMMEDIATELY PRECEDING PARAGRAPH DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN WARRANTY OF THE COMPANY (AS DEFINED ABOVE).

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

The Site is controlled, operated and administered by the Company (or its licensees or agents) from its offices within the Hong Kong Special Administrative Region and is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than that of the Hong Kong Special Administrative Region.  By visiting the Site, you agree that the laws of the Hong Kong Special Administrative Region, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the Company or any other Party of the Company.

ALL USE OF THE SITE, SUBMISSIONS, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE SITE AND TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.

  1. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms and Conditions.
  1. No delay or failure to take action under these Terms and Conditions shall constitute any waiver by the Company of any provision of these Terms and Conditions.
  1. These Terms and Conditions, together with the Company’s Privacy Policy and any other policies posted on the Site from time to time, constitute the complete agreement between you and the Company with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and the Company.
  1. You agree to defend, indemnify and hold harmless the Company and the other Parties of the Company from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to the use of the Site and any Content available on the Site, any breach of these terms of service and/or any Submissions submitted, in each case by you or any user of any of your accounts.
  1. The Company reserves the right, at its sole discretion, to change, add or remove portions of these Terms and Conditions at any time.  It is your responsibility to check these Terms and Conditions each time before using the Site.  Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.  You agree that all subsequent purchases by you, all Submissions and all other uses of the Site will be subject to these Terms and Conditions, which shall apply until the Company posts a modified Terms and Conditions and then in accordance with such modified Terms and Conditions.