Terms and Conditions

 

Thank you for visiting https://www.kwaifunghin.com/ and https://kwaifunghinshop.com/ (“Our Site” or “Our Website”).

1.    Terms and Conditions

1.1 We are Kwai Fung Culture & Communications Company Limited, trading as Kwai Fung Hin Art Gallery ("we", “our”, “us”) (Hong Kong business registration number 16093810). By accessing and using Our Site, or purchasing products through Our Site, you agree to be bound by these Terms and Conditions.

1.2 The meaning of some words used in these Terms and Conditions:

“you” or “your” refers to the persons to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.

“Content” means all content, including text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to Our Site; software, code, data, and materials used therein or available thereon; the look, feel, design, and organization of Our Site; the compilation of the content, code, data, and materials in Our Website; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution, and subsequent modification), and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing.

“merchandise” means the goods or services sold by us on Our Website.

“Intellectual Property Rights” means any and all patents, trade marks, rights in domain names, rights in designs, copyright and database rights (whether registered or not, including any applications to register or rights to apply for registration), 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.

“services” means any services offered through Our Site.

“supplier” means the seller and/or supplier of the merchandise you order through Our Site.

“Our Site” or “Our Website” means our website located at https://www.kwaifunghin.com/ and https://kwaifunghinshop.com/ , and any associated sites linked to it.

“User Content” has the meaning given in paragraph 9.1.

2.    Registration and Electronic Communications

2.1 You are required to register with us when you use the services or place an order through Our Site. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.

2.2 You represent to us and to all suppliers of the merchandise through Our Site that all purchases made by you through Our Site will be within the scope of your authority to conclude contracts.

 2.3 In consideration of your use of our services, you agree to:

a) provide true, accurate, current and complete information about yourself when filling out our registration form; and

b) 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.

2.4 When you access or use Our Site, provide your email address to us, or send us emails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically and such electronic communications are considered as written communications. We will communicate with you by email or through Our Website.

3.    Merchandise and Orders

3.1 The merchandise we offer for sale through Our Site includes:

a) product items including original artworks, merchandise (with images of artists’ works), books; and

b) tickets for events/educational courses (“Events”)

(details and types of merchandise may vary from time to time).

The merchandise we offer for sale through Our Site is either owned by us or is being offered for sale on behalf of a third-party seller(s). When we offer products for sale on behalf of third-party seller(s), we act as the seller’s agent only and we do not take or transfer title to the merchandise offered for sale on Our Site.

3.2 When you place an order you are making an offer to buy from the supplier the merchandise for your own use.

3.3 We will acknowledge receipt of your order by email. The confirmation will provide details of the items you have ordered and details of the price charged.

3.4 The availability of merchandise as shown online does not mean that such merchandise is in stock. We shall not be liable in case of unavailability of sale items.

3.5 We reserve our right not to accept, or to cancel, an order for any reason at our sole discretion, including without limitation:

a) insufficient stock;

b) no delivery can be arranged for your area; or

c) one or more of the merchandise you ordered was listed at an incorrect price

d) suspected violation of these terms and conditions.

3.6 If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 60 days of notifying you of the cancellation. You accept that we will not be obliged to offer any compensation for such cancellation.

3.7 Certain products that you purchase on or through Our Site may be subject to additional terms and conditions presented to you at the time of such purchase. We do not produce, endorse, or recommend any such products.

3.8 We assume no obligation to independently verify or investigate any product, the rights of any seller to sell any product, or the quality or condition of any product offered for sale through Our Site. You hereby waive any and all warranties and representations with respect to such products, including, without limitation, the implied warranties of title, quality, non-infringement, integration, merchantability, fitness for a particular purpose, authenticity, attribution, physical condition, size, rarity, importance, provenance, restoration, exhibitions, literature, or historical relevance of any products.

3.9 The following policies will apply in relation to any cancellation of Events:

TYPHOONS AND RAINSTORMS

If an Event has to be cancelled or rescheduled due to inclement weather, we will notify the participant(s) of the cancellation, rescheduling and/or other arrangements as soon as possible.

Generally, if typhoon signal no. 8 or above or red/black rainstorm is hoisted or still hoisted at or after 8:00 am, Events that day held at 6:00pm or before will be cancelled. If typhoon signal no. 8 or above or red/black rainstorm is hoisted or still hoisted at or after 3:00 pm, Events that day held after 6:00 pm will be cancelled.

All the affected Events will be postponed or subject to other arrangements as shall be notified by us. Apart from the hoisting of typhoon signal no. 8 or above or due to red/black rainstorm, the Events will not be affected by other weather conditions.

We may decide whether to continue the Event according to the actual situation.

The above arrangement is for reference only. In all cases, participants / parents / legal guardians should consider the weather, road and transport situation to decide whether to attend the Event. No make-up Event or refund will be arranged to the absentee for these cases. No make-up workshop or refund will be arranged for workshops cancelled due to bad weather.

       COVID – RELATED RESTRICTIONS ON EVENTS

We will follow Hong Kong government requirements and restrictions regarding numbers of attendees permitted at Events, closure of venues, and other restrictions as applicable. All venue users/audiences are required to put on their own masks, comply with the requirement of the Vaccine Pass and scan the "LeaveHomeSafe" QR code before entering any venue (unless no longer required by the Hong Kong government).  Please contact us to enquire about the maximum number of users of the major, minor and exhibition facilities and admission conditions

The above policies may be added to, and/or may vary, from time to time depending on government regulations or recommendations or as we believe necessary.

4.    Price and Payment

4.1 We use all reasonable commercial endeavors to display accurate and up to date prices of merchandise on Our Site. However, prices may change, and the final price for such merchandise will only be confirmed when we accept your order. We display prices in Hong Kong Dollars only.

4.2 Posted prices do not include taxes and, unless otherwise specified on the relevant product page, do not include charges for shipping and handling. Applicable taxes and a combined shipping and handling charge will be added to your merchandise total and will be stated in your shopping cart and in your Order Confirmation. International orders may be subject to additional local taxes, import duties, or other local requirements.

4.3 If the price of the merchandise is higher at the time we are ready to send our acceptance of your order to what it was at the time you placed your order then we will either:

a) cancel your order, or

b) contact you to ask you whether you wish to pay the higher price or cancel your order.

4.4 If the order is cancelled by us, any sum deducted by us from your credit card for the payment of such order will be refunded. We will not be obliged to offer any compensation for such cancellation.

4.5 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

When you place an order:

a) you authorise us and Shopify to charge your selected payment method for all amounts presented to you in the checkout and purchase process;

b) you agree and accept that your credit card information will be collected, processed, and kept by us and Shopify subject to its terms and conditions. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted; and

c) you represent and warrant that (i) the payment information (including any credit or debit card information) you supply to us is true, correct, and complete; (ii) you are duly authorized to use such payment method for the purchase; (iii) charges incurred by you will be honored by your credit or debit card company (if applicable); and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes.

Please refer to Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy) for more information.

We may also process payments through other third-party service providers, which may post operating rules related to payment on their respective websites and change such rules from time to time. In such case the provisions of items a) to c) above shall apply to such third-party service providers.

4.6 You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transactions, and in no event shall any such losses in whole or in part be borne by us.

4.7 We only accept credit card payments made by MasterCard, Visa and American Express, Alipay, FPS, Wechat Pay, Payme and UnionPay QuickPass. Our Site only accepts payment paid in Hong Kong Dollars and Renminbi.

4.8 Title in the merchandise does not pass to you until payment has been received.

5.    Shipping Policy and Permits

5.1 We accept local and international orders. We ship within Hong Kong via SF Express and to locations specified in paragraph 5.3 via SF Standard Express (International).

5.2 Shipping fees vary based on weight and distance. You are solely responsible for any and all customs charges due on delivery of the merchandise.

5.3 We only offer international shipping to Australia, Canada, China, France, Germany, Italy, Macau, Netherlands, New Zealand, Sweden, Switzerland, Taiwan, United Kingdom, and United States.

5.4 We only make deliveries to specified areas of Hong Kong. We are currently not able to deliver to remote areas, outlying islands, and buildings without elevator facilities. We deliver from Monday to Saturday, except on the first two days of the Lunar New Year and when typhoon warning signal No. 8 or above or black rainstorm warning is in force. We reserve the right to decline delivery at our sole discretion and in such case we will not charge you for delivery. You agree and accept that you will collect your ordered merchandise from our logistics centre and under no circumstances will we accept cancellation of order or refund.  Items uncollected after 90 days from (and excluding) the date we give you notice to collect shall be dealt with at our discretion.

5.5 All orders are processed in 3-5 business days, not including weekends.

5.6 Current estimated delivery times are:

business days for shipping  within Hong Kong

3-7 business days for shipping to the United States

14-30 business days for shipping to locations specified in paragraph 5.3 other than the United States.

Delivery times may vary during busy periods or holidays. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. You agree and accept that under no circumstances will we accept cancellation of order or refund.

5.7 The pandemic may result in delay in processing of orders, transportation, and customs clearance. We are not responsible for any delivery delays thereof.

5.8 We are not responsible for: a) any shipping deliveries that may be affected by customs, natural occurrences, transfers from SF Express to the local carrier in your country or air and ground transportation strikes, or delays; b) any extra fees, customs or back end charges once the package has exited Hong Kong; c) the acts or omissions in our packing or shipping of purchased items or of other carriers or packers of purchased items, whether or not recommended by us; and d) or  international shipments lost in transit. Packing and handling of purchased items is at the entire risk of the purchaser.

5.9 We will deliver the merchandise ordered by you to the delivery address you specify in your order. We do not accommodate any changes to the shipping address after checking out. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order without refund or compensation to you if you failure to accept delivery for whatever reasons. You agree to present your photo identification upon request when you acknowledge receipt of the merchandise.

5.10 We will notify you of the tracking number of your placed order by e-mail.

5.11 Once merchandise has been delivered to you, you will become the owner thereof and they will be held at your own risk and we will not be liable for the loss or damage.

5.12 Unless otherwise specified, please refer to Our Site (including our applications and software) for details of the delivery charges and free delivery threshold. We reserve the right to amend the free delivery threshold at any time and from time to time.

5.13 It is the purchaser’s sole responsibility to identify and obtain any necessary export, import, or other permit for the products purchased.

6.    Returns

6.1 All merchandises purchased cannot be returned.

6.2 You accept reasonable variations in the colour and the appearance of the merchandise between the ways it appears displayed on Our Site and when it is delivered to you. We will not be liable for any minor variations.

6.3 If you have received a damaged, defective, or incorrect item, you shall contact us as soon as possible to resolve the issue. We may require proof of any damage, including photographic evidence.

7.    Warranties

7.1 You represent, warrant and covenant that you will not:

a) use Our Site for any fraudulent or unlawful purpose;

b) use Our Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;

c) interfere with or disrupt the operation of Our Site or the servers or networks used to make Our Site available; or violate any requirements, procedures, policies or regulations of such networks;

d) transmit or otherwise make available in connection with Our Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

e) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to Our Site (including our applications or software);

f) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Our Site (including our applications or software);

g) frame or mirror any part of the site without our express prior written consent;

h) create a database by systematically downloading and storing the Content, User Content or any site content; and

i) infringe any copyright, design right and intellectual property right in the merchandise.

8.    Content

8.1 The Intellectual Property Rights in all Content are owned, controlled or licensed by or to us and all other rights are reserved to us. You acknowledge that you have no right or interest in the Content. Subject to the restrictions and limitations set out in these Terms and Conditions, we grant you a limited license to access and use Our Website for purposes of (a) accessing and viewing content on Our Site on your computer or other Internet compatible device, including mobile devices and tablets; and (b) placing orders for products offered for sale on Our Site. Our Site and the products offered on or through Our Site, including any content, software, code, data, and materials available on it, are only for your own personal, non-commercial use.

Unless you have our express written consent or you are expressly mandated by law to do so, you shall not:

a) use the Content for any commercial or other non-personal purpose;

b) make any copies of the Content or transfer the Content to any other device or any other person; or

c) reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content; or

d) reverse engineer, decompile, decrypt, disassemble, or convert into human readable form any element of the Content which was not intended to be so read..

8.2 You may not access or use Our Website or the Content or any element thereof in connection with any unlawful purpose, or where such access or use is illegal.  Without limitation, you may not breach any privacy laws or any jurisdiction, violate our or any third party’s intellectual property or other proprietary or legal rights, insert your own or third party advertising, carry out any activities which might damage, impair or disable Our Website or that of any third party, use any software viruses or other means to affect the proper functioning of any part of the Content or elements thereof.

8.3 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 these Terms and Conditions.

8.4 We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the content of advertisements appearing on Our Site rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on Our Site.

9.    User Generated Content

9.1 We generally do not solicit any confidential, secret, or proprietary information or other material from you in any manner. When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to Our Site (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with Our Site, including without limitation for the purposes of promoting and redistributing part or all of Our Site in any media formats and through any media channel. The User Content will be deemed not to be confidential or secret, and they may be used by us in any manner consistent with our Privacy Policy. Without limitation, the rights that you grant to us under this paragraph 9.1 include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.

9.2 You represent, warrant and covenant that:

a) you have the legal right and authority to grant the licence in paragraph 9.1 above;

b) 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 paragraph 9.1 above;

c) by exercising the licence in paragraph 9.1 above, we shall not infringe the Intellectual Property Rights or other rights of any third party;

d) 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 paragraph 9.1 above;

e) the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on Our Site; and

f) at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.

9.3 You shall be legally liable for the User Content and we shall not be responsible nor liable for any User Content under any circumstances, regardless of whether we had knowledge of the User Content.

9.4 We have the absolute discretion regarding the content of the Use Content which appears on Our Site and we reserve the right to edit or delete User Content which contain attacks on other users, slander, coarse language and profanity, or other unrelated topics.

10.  Indemnity

You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.

11.  Linked Websites

Certain links, including hypertext links, in Our Site will take you outside Our Site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. Any reliance on the contents of any website represented by any such link is done at your own risk.  We are not responsible for the content of any website outside Our Site.

12.  Termination

Notwithstanding anything to the contrary set out in these Terms and Conditions, we may cancel any order, terminate your access to all or any part of Our Website at any time, and/or block or prevent future access to and use of Our Site, in each case without cause, without notice, and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using Our Website, except that (a) all obligations that accrued prior to the effective date of termination (including, without limitation, all payment obligations) and all remedies for breach of these Terms and Conditions shall survive; and (b) the provisions of these Terms and Conditions that by their nature are intended to survive termination shall so survive.

13.  Intellectual Property

13.1 All Intellectual Property Rights in the Content, User Content, design, text, graphics and other material on Our Site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited.

13.2 All trade marks, product names and company names or logos used in Our Site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

14.  Limitation of Liability

We shall not be liable for economic losses (including, without limitation, loss of revenues, profits, contracts, business, goodwill, or anticipated savings) or any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, (a) any breach of the Terms and Conditions; (b) the use of, or the inability to use, Our Website or the content, materials, information, functions, or products available through Our Website (including damage to any computer system, mobile device, or other property) ; (c) your purchase of any products through Our Website; (d) your provision of information via Our Website; (e) any inaccuracy or omission concerning any of the information provided, including the products offered for sale, on Our Site; or (f) any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through Our Site.  In no event shall the total aggregate liability for all damages, losses, and causes of action arising out of or related to these Terms and Conditions or your use of Our Site or the content, materials, information, functions, or products available through Our Site exceed the lower of (i) the purchase price for the relevant goods/services and (ii) HK$ 50,000.

 

15.  General

15.1 Where representations and warranties are made to us and to suppliers of merchandise through Our Site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you.

15.2 We reserve the right at any time without notice to revise the content of Our Site (including the services offered by us) and these Terms and Conditions. Any changes to these Terms and Conditions will be posted on Our Site and by continuing to use Our Site following any such change you will signify that you agree to be bound by the revised Terms and Conditions. This right includes the right to change any of the documentation which forms part of these Terms and Conditions.

15.3 In the course of your use of Our Website, you may be asked to provide certain personal information to us (“User Information”) including if you choose to register a user account on Our Website. Information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy and the terms and policies set forth by Shopify (or the terms and policies of any other third-party service providers which process payments for any of our merchandise), and are incorporated herein by reference. In using our services, you agree that we may collect, store, and use information about you in accordance with, and you acknowledge and agree to be bound by, the terms of our Privacy Policy and the terms and policies set forth by Shopify (or the terms and policies of any other third-party service providers which process payments for any of our merchandise). You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

15.4 We reserve the right at our sole discretion to deny users access to Our Site or any part of Our Site without notice and to decline to provide our services to any user that is in breach of these Terms and Conditions.

15.5 We shall not be liable to you for any breach of these Terms and Conditions of use or any failure to provide or delay in providing our services through Our Site resulting from any event or circumstance beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage..

15.6 If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.

15.7 We may assign these Terms and Conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these Terms and Conditions.

15.8 You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.

15.9 These Terms and Conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these Terms and Conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.

15.10 These Terms and Conditions (including our Privacy Policy) are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.

15.11 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

 

You may direct questions about these terms and conditions to info@kwaifunghin.com.