This site is operated by Konki Holdings Limited.
If
you intend to use the online shopping services or simply want to browse in the
site or otherwise use this site, please read these Terms and Conditions
carefully before using the site. By using the site or any part of it, you agree
that you have read these Terms and Conditions and that you accepted and agreed
to be bound by them.
1
GENERAL
1.1
In these Terms and Conditions the
following definitions shall apply:
l
“Nomad” shall mean Konki Holdings Limited.
l
“Customer/Customers”
shall mean you and all other persons who purchase the products under your
Login.
l
“Login” shall mean a
Customer’s personal password and access to Nomad under that Customer’s
registration.
l
“Price” shall mean the price of
a product on the day of order.
l
“Product/Products” shall
mean any and all the products for sale on Nomad.
1.2
All Products sold by Nomad through
this site are
subject to these Terms and
Conditions. By submitting your order for processing at Nomad, you confirm that
you have read, understood and agreed to the Terms and Conditions prevalent at
the time your order is submitted for processing.
1.3
The Customer agrees to provide
complete and updated information for registration on this site.
1.4
Nomad has the absolute discretion
to refuse registration of a potential Customer and to terminate the
registration of any Customer for any reason whatsoever.
1.5
The Customer agrees to pay for
every order made and agrees to indemnify Nomad for all claims, loss and damages
whatsoever made by any third party arising from the actions of a person placing
orders for the Products using the Customer’s Login. The Customer shall be
responsible for updating his/her registration information with Nomad.
1.6
Customers can access Nomad eShop by
using a personal password. Nomad shall not be responsible for any offline
password management and the Customer shall ensure that his password is kept
strictly confidential to prevent unauthorized use. Nomad shall use its best
endeavors to prevent any unauthorized entry to Nomad eShop. However, Nomad
shall not be liable for any loss or damages whatsoever if any third party gains
unauthorized access to the Nomad eShop site using Customer’s Login.
1.7
All orders are subject to Nomad’s
acceptance at its sole discretion and stock availability.
2
PRODUCT
2.1
Products on this site are subject
to availability and may be withdrawn
at any time without prior notice.
2.2
Nomad shall make every effort to
ensure the accuracy of Product pictures and written descriptions but pictures
and/or written description of products on this site may not correspond exactly
to the physical Products.
3
PRICE
3.1
Nomad shall make every effort to
ensure that prices, details and sizes of Product details on Nomad eShop are
updated but Nomad reserves the right to vary the price and other details of the
products without notice.
3.2
If a product is mistakenly listed
at an incorrect price, Nomad reserves the right to decline or cancel any orders
placed for product listed at the incorrect price.
3.3
The prices advertised on the Nomad
eShop are for shopping on Nomad eShop only. The price of certain Product is
subject to market fluctuation and is offered for guidance or reference only.
The final selling price will be subject to order confirmation by Nomad.
4
PAYMENT
4.1
Payment for Products ordered
through Nomad eShop can be made by credit card (Visa, MasterCard, American
Express, etc) or Bank Deposit.
4.2
Nomad may change at any time the
payment method for Nomad eShop without prior notice.
5
DELIVERY/ PICKUP
5.1
Nomad eShop will arrange delivery/pickup
services of items in Hong Kong by S.F. Express, please refer to www.sf-express.com
for details of delivery/pickup arrangement.
5.2
Customers should receive the
Products at delivery address/pickup location specified on the order within the
delivery period after order confirmation. The delivery period for Nomad eShop
is 7 – 14 working days.
5.3
Customer / authorized recipient
should carefully inspect the quantity and quality of the goods delivered before
acknowledgment of receipt. Upon acknowledgment, Nomad shall be discharged from
any liability for the sales.
5.4
Customer should ensure the
purchased Products can be physically delivered to the delivery address. Nomad
eShop bears no responsibility for any such failure.
5.5
Nomad Hong Kong shall use
reasonable endeavors to deliver Products to the delivery address specified on
the order but Nomad shall not be liable for any delays or non-delivery for
causes beyond its control.
5.6
All orders are subject to
confirmation of final availability and Nomad reserves the right to amend or
reject the order in the event that any of the Products requested are
unavailable. In the event that any ordered Products are unable to be fulfilled,
Customer will be notified by email before delivery.
5.7
Nomad reserves the right to decline
delivery of the purchased products to any Customer at its sole discretion
absolutely.
5.8
No change of delivery/ pickup
location and delivery method will be accepted once the order is submitted on
Nomad eShop.
6
CHANGE OF ORDER
6.1
No change of order and delivery
method will be accepted once the order is submitted on Nomad eShop.
6.2
Nomad reserves the right to charge
the Customer an administrative fee in case Nomad accepts the request from
Customer to vary.
7
TITLE
7.1
Title to the Products shall remain
vested in Nomad until Nomad received full payment of the price. Risk of the
Products shall pass to Customer upon delivery of the Products.
8
RETURN POLICY
The customer can enjoy “7-Day
Return Guarantee” for purchased Products via Nomad eShop.
Below terms and conditions apply:
a.
The customer should contact us to apply for return within 7 days
from the date of the sales memo.
b.
Returned items must be unused,
unopened, without any damages and scratches.
c.
Any promotional bonus such as free gifts,
redeemed gifts, gift certificates, coupon or discounted items conditional upon
the purchase of specific items, etc. must accompany the returned items for a
refund. If Customer fails to return the promotional bonus or if the promotional
bonus was used or damaged, Customer has to pay an equivalent amount as
stipulated by Nomad.
d.
When refund, Customer has to pay
for the free service used during the purchase, including but not limited to
delivery service.
e.
Refund will be made to Customer
based on the purchase price after discounts and in the form of the original
payment or as decided by Nomad. For credit card purchase, the refund amount
will be credited to the original credit card account used in the purchase. If
Customer paid with coupons, Nomad will not re-issue the coupons to Customer.
f.
Refund amount will be the sum paid
by the Customer for the items less the fee charged (if any) for processing the
return request.
g.
Nomad reserves all rights of final
conclusions for any disputes or disagreements.
9
LIABILITY
9.1
The liability of Nomad (to the
extent permitted by law) whether in contract, tort or otherwise for any loss,
damage or injury arising directly or indirectly from any defect in or
non-compliance of the purchased Products or any other breach of Nomad’s obligations
hereunder shall not, in any event, exceed an amount equivalent to the price of
the purchased Production the sales memo.
9.2
The Customer shall ensure that the
purchased Products are not used for any purpose for which they are not suitable
and shall be responsible for using all necessary skill and care in handling and
using the purchased items. The Customer expressly acknowledges and agrees that
Nomad assumes no obligation or liability for any advice or information given
with the purchased Products and Nomad shall not be responsible for any
inaccuracy or misstatement of any such information. The purchased Products
shall be accepted by the Customer entirely at the Customer’s own risk.
10
FORCE MAJEURE
10.1
If the performance by Nomad of its
obligations is prevented by reason of “force majeure” (which shall
include without limitation to prevention occasioned by fire, casualty,
accident, act of God, natural disaster, any law, order, proclamation,
regulation, demand or requirement of the Government of the Hong Kong Special
Administrative Region or of any of its government agencies, strikes, labour
disputes, shortage of labour or lack of skilled labour, shortage or
unavailability of items or raw materials, delay in transit or other causes
whatsoever (whether similar to the foregoing or not) beyond the reasonable
control of Nomad), Nomad shall be excused from such performance to the extent
of such prevention, and Nomad shall have no liability whatsoever towards the
Customer.
11
VARIATION OF TERMS AND CONDITIONS
11.1
Nomad reserves the right to cancel
or vary these Terms and conditions in accordance with the law without prior
notice. The customer is reminded to review the Terms and Conditions prior to
submitting any order. Once an order is placed, Customer is deemed to have
accepted the Terms and Conditions prevalent at the time.
12
PREVAILING LANGUAGE
12.1
These Terms and Conditions are
written in both English and Chinese. In case of inconsistency, the English
version shall prevail.
13
APPLICABLE LAW
13.1
These Terms and Conditions shall be
constructed in accordance with the laws of the Hong Kong Special Administrative
Region of the People’s Republic of China (“Hong Kong”) and in case of dispute
the Customer and Nomad shall submit to the exclusive jurisdiction of the courts
of Hong Kong.
Privacy Policy Statement
1
The customer may have or may in the
future be requested to supply personal information to Nomad relating to the
customer, and in the carrying out of transactions and/or services, further
information shall or may be collected by Nomad (all such information is
referred to as “data” in this statement).
2
Any failure by the customer to
supply data may result in Nomad being unable to continue to effect transactions
and/or services.
3
The purposes for which the data
provided by the customer from time to time may be used are:
i. giving
effect to the transactions and/or services;
ii. providing
services in connection with the transactions including without limitation to
delivery and after-sale services to Nomad or any other person to whom data is
passed;
iii. collection
of amounts due to Nomad;
iv. conducting
research on the customer when necessary.
4
The customer may request a copy of
such data or the correction of the data. Any such request may be made to Nomad via email
at hello@nomad-iza.com.
Nomad may charge the customer a fee for any such request.
5
With the consent of the customers,
Nomad may use the data and supply the customer with information about other
services or products of Nomad. The customer may in writing request, without
charge to the Client, Nomad to cease to use the data for such purpose.