terms of use

General Terms and Conditions

1. Service
1.1 Kosmetics (Asia) Limited (hereinafter referred to as "we" or "the company"), our website provides a convenient shopping mode through the Internet (including through the use of applications or software).
1.2 By using the website, you agree to be bound by the following terms and conditions. Please read the terms and conditions carefully.
1.3 The meanings of certain terms used in the Terms and Conditions:
1.3.1 "We" is a reference to (name of the person or company providing the Services).
1.3.2 "You" is a reference to the person to whom we provide services or deliver goods and to whom payment is made for goods delivered by us.
1.3.3 "Content" refers to all texts, images, logos, icons, photographs, videos, moving visual concrete images or sound combinations and images and sound effects selected, shown or used by or related to our website , computer programs and other materials.
1.3.4 "Commodity" means the goods or services that you order and will pay for through our website.
1.3.5 "Intellectual Property Rights" means any and all patents, trademarks, domain name rights, design rights, copyrights and database rights (whether registered or not and applications to register or apply for registration of any of the foregoing), confidentiality Data rights and all other intellectual property rights of a similar or corresponding nature that may exist now or in the future anywhere in the world.
1.3.6 "Service" has the meaning given in Article 1.1.
1.3.7 "Website" refers to Kosmetics (Asia) Limited's website (https://www.kosmetics.com.hk/) and any related websites linked to it.
1.3.8 "User Content" means the meaning given in Article 10.1.
2. Registration
2.1 You must register with us when using the Services or making an order. By registering, you represent (and we are entitled to rely on such representations) that you are 18 years of age or over and capable of forming legally binding contracts.
2.2 In consideration of your use of our services, you agree that:
2.2.1 provide true, accurate, current and complete information about you when completing the registration form; and
2.2.2 Maintain and promptly update your registration information to ensure that the relevant information is true, accurate, up-to-date and complete. We reserve the right to suspend or terminate your registration if we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete.

3. Order
3.1 When you place an order, you are buying from us the goods at the specified price for those goods. Once submitted, you cannot cancel the relevant order, even if we have not accepted or rejected your order.
3.2 We will confirm receipt of your order by email. This confirmation email will provide:
3.2.1 Your order details,
3.2.2 details of prices charged,
3.2.3 your order follow-up information, and
3.2.4 Estimated dispatch and delivery information.
This communication will signify our acceptance of your order. You can track the status of your order online.
3.3 Our acceptance of your order will only cover the goods referred to in the confirmation and may not cover all the goods you ordered. If this is the case, your order for that part of the order will only be accepted when we issue a further confirmation of acceptance for the remainder of your order.
3.4 The availability of goods is shown online but should not be relied upon as a definitive statement as to whether the goods you intend to purchase are actually in stock.
3.5 We reserve the right at our sole discretion not to accept or cancel an order for any reason, including but not limited to:
3.5.1 there is not enough stock for the goods you have ordered;
3.5.2 delivery cannot be arranged for your region; or
3.5.3 The price indicated on one or more items you ordered is due to human or computer error.
3.6 If we cancel your order, we will notify you by email and will credit your account with any amount debited by us on your credit card as soon as possible but in any event within thirty (30) days of your order . You accept that we shall not be liable for any compensation for your dissatisfaction.

4. Prices and payment
4.1 If the price of the Goods at the time we intend to accept your order is higher than the price at the time you made the order, we will
4.1.1 cancel your order, or
4.1.2 To contact you to inquire about your intention to pay a higher price or to cancel your order.
4.2 If we cancel an order and you have made any payment, we will issue a refund to you. You agree and accept that we shall not be liable for any compensation for your dissatisfaction.
4.3 We accept Paypal, Visa and Mastercard credit cards for payment. When you place an order, you authorize us to pay by your nominated credit card for the amount of the merchandise at the time your order is accepted by us. Title to the Merchandise does not pass to you until payment is received.
4.4 We use third-party payment services for online transactions. When you place an order, you agree and accept that, subject to its terms and conditions, your credit card information will be collected, processed and retained by us and the payment service provider. You agree and accept that you are solely and solely responsible for any losses incurred or incurred by you in conducting credit card transactions, and we shall not be liable for any such losses in whole or in part under any circumstances.

5. Delivery
5.1 Except for Hong Kong public holidays and when typhoon warning signal No. 8 or above or black rainstorm warning is in effect, we only arrange delivery through courier companies in specific areas in Hong Kong from Monday to Sunday. We reserve the right to refuse delivery at our sole discretion. We will not accept cancellations or issue refunds to you under any circumstances.
5.2 We will deliver the goods you ordered to the delivery address you provided through the courier company. When you confirm receipt of the merchandise, you agree to produce photo identification upon request. When the goods are delivered to the delivery address provided by you, the goods are deemed to be delivered to you and accepted by you. You agree and accept that we have the right, at our option, to charge you an additional fee or to cancel your order if you fail to receive the merchandise for any reason.
5.3 When the goods you purchased have been delivered to you, you will become the owner of the goods. Once the Merchandise has been delivered to you, you hold the Merchandise at your own risk and we shall not be liable for their loss or damage.

6. Return or Exchange
6.1 Unless otherwise specified, no returns or exchanges of goods will be accepted. Please read the return or exchange policy carefully before ordering.
6.2 If the goods you ordered are defective or damaged (through no fault of yours), or the goods are not what you ordered, or the quantity delivered is incorrect, you may return or exchange them within seven (7) days of the date of delivery provided that:
6.2.1 return or exchange policy applies;
6.2.2 The goods are unused and in the condition in which they were originally sold, together with all accessories supplied with the goods
6.2.3 the packaging of the Goods must be in the condition in which they are delivered to you; and
6.2.4 Requests for returns or exchanges are sent to our customer service representatives by phone/email within the specified period.
6.3 You agree and accept that acceptance of product replacement is subject to stock availability.

7. Disclaimer and Limitation of Liability
7.1 We do not represent or warrant that access to our website (including use of mobile applications or software) or any part thereof will be uninterrupted, reliable or error-free.
7.2 We do not represent or warrant to you that our website or any of its contents will be accurate, complete or reliable.
7.3 We do not represent or warrant that:
7.3.1 any Services will be provided with due care and skill; or
7.3.2 Any Goods will be of merchantable quality or will be suitable for any purpose.
7.4 You agree that no data transmission over the Internet can be guaranteed to be completely secure. Although we strive to protect this information, we do not warrant and cannot ensure the security of the information you transmit to us. You transmit any information to us at your own risk.
7.5 To the extent permitted by law, we exclude all liability (whether in contract, tort or otherwise and whether due to our negligence) to you for:
7.5.1 any technical, factual, textual or typographical inaccuracies, errors or omissions with respect to or relating to our website (including the use of applications or software) or any information therein;
7.5.2 failure to provide our website (or any part thereof), goods or services;
7.5.3 any delay in supply, or failure to supply or make available goods or services, or any negligent supply of goods or services;
7.5.4 any Goods are not of merchantable quality or fit for their intended use; or
7.5.5 Any misrepresentation about our website, goods or services.
7.6 Except as required by law:
7.6.1 We will not be liable to you for any indirect or consequential loss, damage or expense, including loss of profits, business or goodwill arising from any problem you notify us of, and
7.6.2 We will have no obligation to pay you any money by way of compensation, unless otherwise stated in these Terms and Conditions.
7.7 You must observe and comply with all applicable regulations and laws, including obtaining all customs, import or other permits required to purchase goods from our website.
7.8 Nothing in the above exclusion shall affect any statutory right which cannot be excluded. However, in that event our liability (as permitted by law) will be limited to resupplying the service or goods to you.
7.9 The above exclusions or limitations shall be construed as separate and severable provisions of these Terms and Conditions.

8. Guarantee
8.1 You represent, warrant and undertake that you will not:
8.1.1 use our website for any fraudulent or illegal purpose;
8.1.2 use our website to defame, abuse, harass, stalk, threaten or violate the rights of others (including without limitation the rights of privacy or publicity of others);
8.1.3 obstruct or interfere with the operation of our website or the servers or networks used by our website; or violate any regulations, procedures, policies or regulations of the relevant network;
8.1.4 transmit or distribute to our website any viruses, worms, Trojan horse programs or other computer codes that are harmful or invasive or that may or intend to damage the operation of any hardware, software or equipment or monitor the use of any hardware, software or equipment;
8.1.5 reproduce, reproduce, sell, resell or exploit any part of our website (including applications or software), or use or link thereof for any commercial purpose;
8.1.6 modify, adapt, translate, reverse engineer, decompile or disassemble any part of our website (including making applications or software);
8.1.7 Frame or reproduce any part of the Website without our prior written consent;
8.1.8 create databases by means of organized downloading and storage of Content, User Content or any Site content; and
8.1.9 Infringe any copyright, design right and intellectual property right of the product.

9. Content
9.1 The intellectual property rights in all content are owned, controlled or licensed by us. Except for the rights granted to you in Clause 9.2, these Terms and Conditions do not confer on you any right or interest in the Content and we reserve all other rights.
9.2 Subject to these Terms and Conditions, you may use the Content for your own personal use.
9.3 Unless you have our express written consent or you are expressly authorized by law, you may not:
9.3.1 Use the content for any commercial or other non-personal purposes;
9.3.2 copy or transmit the Content to any other device or to any other person; or
9.3.3 Reprint, distribute, communicate to the public, revise, reformat, create derivative works from, or display the Content.
9.4 You acknowledge and agree that if you breach any of the terms of these Terms, we may, at our sole discretion, no longer supply any Content to you.
9.5 We will use all commercially reasonable efforts to ensure the accuracy of the Content but make no warranty or representation (express or implied, statutory or otherwise) as to the accuracy, quality or completeness of the Content or its suitability for any purpose, and we Nor will it assume any responsibility for this. You also agree that advertisers are solely responsible for the content of advertisements displayed on our website. Placing such advertisements does not constitute a recommendation or endorsement of the advertisers' products by us and each advertiser is solely responsible for any representations made by its advertisements. We will not be liable for any loss caused by your reliance on the accuracy of the information contained on our website.

10. User Generated Content
10.1 You represent, warrant and covenant that:
10.1.1 you have the legal right and authority to grant the license in clause 10.1 above;
10.1.2 you are the owner of the User Content and/or have all necessary rights, consents, permissions and licenses to grant us the license in clause 10.1 above;
10.1.3 By exercising the license in clause 10.1 above, we will not infringe the intellectual property or other rights of any third party;
10.1.4 Where the User Content identifies any individual person (whether by name, picture or otherwise), you have obtained all consents and permissions from such person for our use of the User Content pursuant to the license in clause 10.1 above;
10.1.5 User Content does not include any material that may be unlawful, defamatory, obscene, objectionable, endangers the safety of any person, is intended to harass any person or is not suitable for display on the Website; and
10.1.6 Upon our request, you will provide us with written copies of any consents, permissions and licenses required of you.

11. Indemnity
You agree to defend us and all of our directors, employees and contractors against any claims, losses, damages, costs, expenses (including legal expenses) or other liabilities arising out of any breach of any covenants, warranties, representations and agreements herein and all of our directors, employees and contractors, and hold us harmless.

12. Termination
12.1 If you breach any of the terms and conditions, we may immediately terminate your access to our website or registration.
12.2 Any rights accrued by either party on the date of termination will remain enforceable after termination.

13. Intellectual property rights
13.1 Intellectual property rights in all content, user content, design, text, images and other material on our website, the selection or arrangement thereof are owned, controlled or licensed to us. Any authorized use without prior written approval is strictly prohibited.
13.2 All trademarks, product names and company names or logos on our website are our property or the property of their respective owners. We do not grant approval for the use of any such trademarks, appearance, product names, company names, logos or designations, and such use may constitute a violation of the rights of the holders.

14. General matters
14.1 Where representations and warranties in these terms are made through our website, you acknowledge and agree that such representations and warranties are intended to grant rights to us.
14.2 We reserve the right to modify the content of the website (including the services we provide) and these terms and conditions at any time without notice. Any changes to these terms and conditions will be posted on the website and continued use of our website after any such changes constitutes your agreement to be bound by the revised terms and conditions of use. This right includes the right to change any document forming part of these terms and conditions.
14.3 Every effort has been made to clarify whether the prices quoted for goods offered on our website include any relevant taxes or duties. If in any case the quotation is not clear, you are reminded before placing an order that you may be liable for taxes or duties imposed by law (such as value added tax) in addition to the price.
14.4 We take privacy issues very seriously. Our Privacy Policy covers our use of any information you provide. By using our 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.
14.5 We reserve the right at our sole discretion to refuse access to our website or any part thereof without notice and to refuse to provide our services to any user who breaches these terms and conditions.
14.6 We will not be liable to you for any breach of these terms and conditions of use, nor will we be liable to you for any failure or delay in providing our services through the website as a result of any event or circumstance beyond our reasonable control. responsibility.
14.7 If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, this shall not affect the validity or effect of any other provision and such invalid provision shall be deemed to be incompatible with these Terms and Conditions. The rules are divided.
14.8 You may not assign or otherwise deal with all or part of your rights and obligations under these Terms and Conditions without our written consent.
14.9 These Terms and Conditions set forth the entire agreement and understanding of the parties and supersede all prior agreements, understandings or arrangements, whether oral or written, with respect to the subject matter of these Terms and Conditions. Neither party is entitled to rely on any agreement, understanding or arrangement not set out in these terms and conditions.
14.10 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.

15 promo codes
15.1 Promotional codes or coupons offered by us are valid for one-off purchases made through our website only and are subject to terms and conditions.
15.2 Promotional codes or coupons are neither refundable nor redeemable for cash. Any remaining unused amount will be forfeited.

We reserve the right to terminate or change the above offers. In case of any dispute, our decision will be final and conclusive.

These Terms and Conditions form an integral part of the General Terms and Conditions.
Date last updated: October 23, 2018