TERMS AND CONDITIONS
FOR ONLINE SALE & PURCHASE OF GOODS
This page sets out the terms and conditions ("T&Cs") governing all sales and purchases of goods effected through the online shop operated by KOKUYO Co., Ltd. (“KOKUYO”) at https://www.kokuyostationery.com/ (“Website”). Your use of the Website and placing orders will be deemed as your acceptance of the T&Cs. All references to “we”, “our”, “us” and “warrantor” in this T&Cs shall be deemed to be references to KOKUYO, and references to “Goods” will mean the products branded with KOKUYO. References to “customer”, “consumer” “you” or “your” shall mean person or endconsumer which places an order with KOKUYO.
Please read these terms carefully before you use the Website and submit your order to us, and check that the details of your order are complete and accurate before submitting your order. These terms tell you who we are, how we will provide products to you, what to do if there is a problem and other important information.
KOKUYO is not responsible for any dispute arising from the use of the Website and purchase of the Goods through the Website.
You may contact us via the contact form on the Website or an email to firstname.lastname@example.org if you have any questions about these T&Cs.
These T&Cs create a legally binding agreement between you and KOKUYO and its affiliates regarding orders placed for products available on the Website.
1. Sales and Purchases
1.1. Subject to the T&Cs, we will sell and you will purchase, the goods (“Goods”) in accordance with the order you placed through the Website (“Order”).
1.2. We will only accept Order for delivery within the Hong Kong Special Administrative Region (“Hong Kong”).
1.3. The Website is intended solely for KOKUYO to sell KOKUYO products directly to end consumers. You agree and warrant that the purpose of the purchase hereunder is for your personal use as an end user, and not for resale of the Goods (or any part or component thereof) to any third party or otherwise whatsoever. Purchase for resale means the purchase of KOKUYO product by someone who resells, or intends to resell, the KOKUYO product to others (consumers, businesses or any third-party). If we have reasonable grounds to believe that the purchase of the Goods is not for your personal use as an end user, we reserve the right to take any action against you, including, but not limited to, declining or cancelling your order, restrict sales to you, and/or suspend or close your account.
1.4. For the purpose of these T&Cs, we will deliver the Goods solely within Hong Kong including Lantau Island, Ma Wan and Tung Chung (the “Delivery Zone”) but excluding outlying islands and restricted area / zone where entry or access thereto requires specific permit or license and such other place(s) as we may designate from time to time at our discretion[wx1] (“Excluded Zone[相澤 麻美2] ”).
1.5. The Website is not intended for use by children. If you are under eighteen (18) years of age, you must obtain the consent of your parents or legal guardian before disclosing any personal information or making any purchases from the Website.
2. How to Order
2.1. You may place an Order by filling in the online order form available on the Website (“Order Form”). Once an order number is assigned to you after your completion of the Order Form, you are deemed to have confirmed your Order and will thenceforth, to the fullest extent permitted by the applicable law, neither cancel nor vary the Order howsoever.
2.2. Your placing of the Order will constitute an offer from you to us to purchase the Goods which will form the subject of the Order. We will have sole and absolute discretion to accept or decline the Order without ascribing any reason in respect thereof. We do not guarantee that the goods shown on the Website will be available for sale to you at all times. The orders for goods are subject to the stock availability.
2.3. (a) Once we receive your Order, we will email an order confirmation (“Confirmation”) to acknowledge receipt of your Order. However, your receipt of a Confirmation does not signify we have accepted your Order, nor does it constitute as we have confirmed our offer to sell. We are simply confirming that we received your Order.
(b) Because we want to ensure that we have your Goods available, we won’t accept your Order until we have prepared your Goods for shipping. In most cases this will be within 24 working hours for items that are in stock. We may, in our sole discretion, refuse or cancel any Order and limit order quantity. We may require additional qualifying information prior to accept or process any order. After you receive our email order confirmation, you can Contact Us to track your Order status. Please check our Order Tracking page (https://www.fedex.com/en-hk/home.html or https://www.sf-express.com/hk/tc/) for details.
(c) Our acceptance of the Order takes place when the Goods are shipped or delivered to you, and form a legally binding contract between us for the sale of Goods (“Contract”). It supersedes all previous correspondence, understandings and agreements between us.
2.4. You will be responsible for ensuring the accuracy of all information provided in connection with your Order, including without limitation, the Delivery Address (as defined in Clause 13.1 below) and your contact details. We will not be liable for any failure or delay or otherwise in discharging our obligations and / or performing our duties under the Contract if such default is in any way due to the incomplete and / or inaccurate information provided by you in respect of the Order.
2.5 The scope of the Contract will only involve goods that have been delivered as confirmed in the Confirmation. We will not be bound to provide any other goods stated in your Order.
2.6 We explicitly reserve the right not to accept your Order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
(a) the Goods is not available/in stock;
(b) your billing information is not correct or not verifiable;
(c) your Order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
(d) your bank transfer payment is not received within fourteen (14) calendar days after acceptance of your Order;
(e) we believe that you are a minor;
(f) we believe that you are a reseller;
(g) there was an error in the price displayed on the Website;
(h) we could not deliver to the Delivery Address provided by you;
(i) due to Force Majeure Events (see below Clause 9.5); and
(j) in the event of misspelling, pricing or other errors or mistakes displayed on the Website.
3. Payment Terms
3.1. All prices quoted on our Website are in Hong Kong dollars (HK$). Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed on the Website. We reserve the right to change prices for products and/or delivery costs displayed on our Website at any time, and to correct pricing errors that may inadvertently occur. In the event of a pricing error, we will notify you of the error and allow you to either proceed with the transaction at the correct price or cancel your order at no cost to you in accordance with Clause 2.6(j) hereinabove. If we are unable to contact you, we will treat the Order as cancelled.
3.2. We further reserve the right to adjust price to reflect any change in the cost of Goods due to any unforeseen circumstances beyond our reasonable control, including, foreign exchange fluctuation, currency regulation, change in tax, levies, costs of labor, materials or other costs of manufacture, delivery schedule (at your request), or your late instructions or failure to supply us with necessary information.
3.3. Unless specified by us otherwise, payment will be effected in Hong Kong dollars by way of Visa, MasterCard, American Express credit cards or Paypal.
3.4. Payment for the Goods will be debited from your designated credit card upon our issuance of the Confirmation to you.
3.5. Your credit card payment will be processed by such service provider as we may engage (“Payment Processor”). All payment details entered through the payment gateway of the bank collecting the credit card payment for us will be encrypted. To provide secure online commerce transactions, we employ Internet’s Transport Layer Security (TLS) technology. It encrypts your personal information including credit card number, name and address, so that it would not be read as the information transmitted over the Internet. Cards are subject to validation checks and authorization by card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
3.6. We will not be liable for any loss or damage arising directly or indirectly from:
(a) your failure or omission to protect your personal data from being seen by other persons or otherwise obtained by other persons during the course of effecting the payment online;
(b) any of your omission to provide accurate information in the course of the online payment process; or
(c) other reasons in connection with the specified mode of payment.
4. Promotion Codes
4.1. To apply a promotion code, you must enter it prior to completing your Order. You may apply a promotion code once and cannot apply to previously placed Orders. Promotion codes that offer a percent off may not be used in combination with other discount or promotion.
4.2. Promotion codes are not transferable or redeemable for cash or credit.
4.3. Certain Goods are excluded from promotion code. You should check the specific details of the promotion code to which the Goods it applies to. We have the right to cancel your Order if you apply promotion code to excluded or wrong Goods.
5. Passing of Risks and Title
5.1. The risks in the Goods will pass to you immediately upon delivery of the same at the Delivery Address. Notwithstanding anything contained herein, we will not be responsible for any damage of the Goods due to any acts, omissions or any acts beyond our reasonable control.
5.2. Notwithstanding delivery and the passing of risk in the Goods or anything contained herein, the title to the Goods will not pass until the total price of the Order under which is ordered in full payment of all sums due in respect of the Goods (including delivery charges, subject to section 13 ‘Delivery of the Goods’) has been paid in full.
6. Delivery of the Goods
6.1. Subject to Clause 6.2, the Goods will be delivered to you at your designated address (“Delivery Address”) within the Delivery Zone (as defined below) on such date as specified in the Confirmation (“Delivery Date”). Delivery will normally be made between 9:00 a.m. to 12:00 a.m. on a weekday from Mondays to Fridays, or between 9:00 a.m. to 6:00 p.m. on Saturdays (excluding Hong Kong public holidays). For the avoidance of doubt, we will not make any delivery of Goods to any place that falls beyond the Delivery Zone. For the purpose of this clause, “Delivery Zone” will mean anywhere within Hong Kong to the exclusion of outlying islands, Lantau Island, Ma Wan, Tung Chung, Discovery Bay and restricted area/ zone where entry or access thereto requires specific permit or license and such other place(s) as we may designate from time to time at our discretion (“Excluded Zone”).
6.2. We reserve the right to revise any terms of the delivery service (including but not limited to the Delivery Zone and the delivery charge) from time to time without prior notice. All delivery charges paid are non-transferrable, non-refundable and non-exchangeable for cash or goods once the Order is confirmed pursuant to Clause 2.4.
6.3. Notwithstanding the foregoing, time of delivery of the Goods will not be of the essence in the Contract and are only our best estimate. We reserve the right to change the Delivery Date from time to time upon service of reasonable prior notice to you, whereupon you will accept delivery of the Goods on such revised Delivery Date as we may advise. Under no circumstances will we be liable to you for any delay (howsoever caused) in respect of the delivery of the Goods (whether or not the same has been notified to you). For the purpose of this Clause 6.5, “Working Day” will mean a day which is not a Saturday or Sunday or a bank or public holiday in Hong Kong.
6.4. To protect your interest and as record of delivery, we will require you or your authorized representative, as the case may be, to produce your / his / her original identity card or identification document and written authorization (if applicable) and such other documents as we may require for verification upon delivery. We reserve the right to decline delivery of the Goods in the event that our request hereunder is not duly complied with.
7. Return / Replace / Cancellation of Goods
7.1. Return of Defective Goods
7.1.1. All product descriptions, information and materials posted on the Website are provided ‘as is’. The image of goods as seen on the Website may slightly differ from the actual Goods that you receive. We will be deemed prima facie to have properly performed all obligations under the Contract, and the Goods delivered will be deemed to be correct and of satisfactory quality, unless notice of fault and the particulars of such fault are given in writing by email or calling to our customer service accompanied with the return of the Goods to us within 14 days from the date of its delivery at the Delivery Address. Any claim not made as aforesaid will be deemed to be waived and absolutely barred except where you can show to our satisfaction that it was impossible for you to comply with such time limit and that you have made the claim as soon as it becomes possible to do so.
7.1.2. In the event that a request is lodged in accordance with Clause 7.1.1 and subject to satisfactory proof of fault thereof, we will, at our sole and absolute discretion, either:
(a) replace the Goods free of charge subject to the terms herein, in particular Clauses 7.1.3 and 7.1.5; or
(b) refund to you the amount paid for the Goods subject to the terms herein, in particular Clauses 7.1.4 and 6.1.5, after your return of the Goods.
7.1.3. Without prejudice to anything contained in the Contract, except delivery charges, all costs and expenses arising from the return of the Goods under Clause 7.1.1 and delivery of the replacement thereof under Clause 71.2(a) will be borne by you entirely.
71.4. Refund of payment under Clause 7.1.2(b) will be made in such manner as we will determine at our sole and absolute discretion.
7.1.5. The Goods returned under Clause 7.1.1 will be returned in its original unaltered condition and in its original packaging. Gift(s) or any enclosed item(s) will be returned simultaneously.
7.2. No Reason Return of Goods
No reason return of Goods is not acceptable.
7.3. Cancellation of Goods
7.3.1. We would accept order cancellation before your Order is shipped. For any order has been packed and/or shipped it may not be cancelled, and the case must be handled subject to Clause 7.2.
7.4. Notice of Return / Replace / Cancellation request under this Clause 6 will be made to us through email at email@example.com.
7.5. We reserve our sole and absolute right and discretion to decline any request under this Clause 6. In the event of any dispute hereunder, our determination will be final and conclusive.
8. Warranty Service
There is a different warranty terms concerning different products purchased online. The warranty period hereunder will commence from the date of delivery of the Goods at the Delivery Address and will remain valid for a certain period (as the case may be) (“Warranty Period”), which scope will be subject to the detailed terms and conditions of each product.
9.1. Gift is valid while stock last.
9.2. We reserve the right to make the final decision in case of dispute.
10.1. The Contract sets out the full extent of our obligations and liabilities in respect of the Goods and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract. Any conditions and warranties, whether express or implied by statute, common law or otherwise, including warranties of merchantability or of fitness for a particular purpose, and any additional damages, compensation or indemnification, other than such conditions, warranties and liabilities as are expressly provided for in the T&Cs, are, insofar as and to the fullest extent permitted by law, expressly excluded.
10.2. Without prejudice to anything contained herein, our maximum aggregate liability under the Contract, whether in contract, tort (including negligence) or otherwise will in no circumstances exceed the amount paid by you under the Contract.
10.3. We give no warranty as to the accuracy of the information contained on the Website and accept no liability arising from any inaccuracy of the information therein contained. Any typographical error, clerical or other error or omission on the Website, any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us will be subject to correction at any time without any liability on our part. You will use the Website and any other websites accessed through it, at your own risk.
10.4. No failure or delay by us in exercising any right, power or remedy under the Contract will operate as a waiver thereof, nor will any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of the Contract will be deemed to be a waiver of any subsequent breach of that or any other provision of the same.
10.5 We will not be liable for any default of obligations or duties directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labor disputes, equipment failures (including but not limited to internet system failure), outbreak of pandemic (including but not limited to COVID-19 epidemic etc.) and disease, or any other causes beyond our reasonable control (“Force Majeure Event(s)”)
10.6 In the circumstances that the Force Majeure Event(s) lasts for more than seven (7) days, wither you or KOKUYO may terminate the Contract forthwith by written and without any liability other than a refund of the Goods already paid and not delivered.
10.7 KOKUYO reserves absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event(s).
10.8 Despite reasonable measures taken by us to prevent viruses, Trojan horses, and other hazards from harming our Website, we and our affiliates, agents, licensees, or other third-party suppliers do not guarantee that our Website or the content displayed thereon (whether downloadable or not) do not contain such destructive programs. We will not bear any direct, indirect, or joint liability for losses or damage caused by such destructive programs.
10.9 We may provide links to third-party websites on our Website, which are only for reference, and their content is beyond our control. Therefore, we are not responsible for any loss or damage possibly caused by the use of these links.
11. General Terms
11.1. The Contract between you and us is binding on both of us. You may not assign, transfer or otherwise dispose any rights or obligations under the Contract to any third person without our prior written consent thereto. KOKUYO may transfer, assign, sub-contract or otherwise dispose of our rights or obligations thereunder during the valid period of the Contract. For the avoidance of doubt, any such transfer, assignment, pledge, or disposal in any other manner of a Contract will neither affect your legal rights as a consumer nor cancel, reduce or restrict any express or implied warranty or promise made by us to you.
11.2. We reserve the right to revise and amend the T&Cs from time to time, and such revision(s) or amendment(s) will be published on the Website of which we are not required to notify you separately. Our revisions and amendments of the T&Cs will come into effect automatically after they have been published on the Website.
11.3. The provisions contained in each clause of the T&Cs will be enforceable independently of each of the others and its validity will not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some part of the provision were deleted, or if the amount or duration (if applicable) mentioned in the provision was reduced or shortened, the provision in question will apply with such modification, reduction or shortening as may be necessary to make it valid.
11.4 If any term in the Contract or these T&Cs is determined by any competent authority to be invalid, unlawful or unenforceable, such term, condition or provision shall be severed from the remaining terms, conditions and provisions that continue to be valid to the fullest extent permitted by applicable laws of Hong Kong.
11.5 The T&Cs as set out herein and any dispute or matter arising from the Contract will be governed by the laws of Hong Kong. Any dispute arising from or in connection with the Contract or the T&Cs shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.
If you have any enquiries, please contact our customer service center by email to firstname.lastname@example.org.
13. Personal Data and Privacy
14.1 Neither our failure to insist on your strict performance of the Contract or any of your obligations under these T&Cs at any time within the valid period of the Contract, nor our failure to exercise any of our rights or remedies under the T&Cs, shall constitute a waiver of such rights and remedies or exempt you from performing such obligations.
14.2 No waiver by us of your liability for breach of any terms or conditions hereof shall act as our waiver of your liability for any future breach of this Contract or the T&Cs.
15. Entire Contract
15.1 The T&Cs and any document explicitly referred to therein constitute the entire T&Cs between you and KOKUYO in respect of the content of the Contract, which shall supersede any oral or written agreement, understanding or arrangement between us.
16.1 All notices given by you to us should be sent through [email] [contact form on our Website]. Subject to and in line with the other methods specified in this T&Cs and the Contract, we may give notices to you either via the email or postal address provided by you to us when placing an Order.
Customer Service Representative of KOKUYO
Address: 8/F., The Sun's Group Centre, 200 Gloucester Rd., Wanchai, Hong Kong.
Last Updated: 9th November 2020