TERMS AND CONDITIONS OF USE
These terms and conditions of use (the “ Terms and Conditions”) regulate the relationship between KixBros Sneaker & Streetwear (hereinafter referred to as “ KixBros”, “ we”, “ us” or “ our” as appropriate), who own and operate the www.kixbro.com website (the “ Website”), and “ you” or “ your”, a user of the Website and or a user of any of the services provided through the Website (the
The Website is a marketplace, a “shop window”, that allows users to offer, sell and buy products between themselves. However, the actual contract for the sale of any Product is to be effected directly between each relevant seller and buyer.
While KixBros may provide pricing, shipping, listing, sourcing, and other guidance in respect of the Services, such guidance is merely for information purpose and you may decide to follow it, or not. Also, while we may help facilitate the resolution of disputes, the Website has no control over and does not guarantee the existence, quality, safety or legality of products advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell products; the ability of buyers to pay for products; or that a buyer or seller will actually complete a transaction or return a product.
1.1Unless the context requires or expressly provides otherwise, the following words and phrases shall have the below meanings in the Terms and Conditions.
|Business Day||means any day from Monday to Friday, inclusive, of a calendar week, excluding public holidays in Hong Kong when banks are open for business|
|Buyer||any person wishing to purchase a Product through the Website|
|Content||all information, descriptions, images, photographs,illustrations, text and or other materials on the Website, as relate to a particular Product|
|Hong Kong||the Hong Kong Special Administrative Region, the People’s Republic of China|
|Intellectual Property Rights||all copyright and other relevant intellectual property rights in the Content, which is owned by KixBros, unless otherwise stated|
|Order||any offer by you to purchase a Product through the Website|
|Payment Gateway||the automated payment system used from time to ti me on the Website, being the methodology for the purchase of the Products by a Buyer, currently being the KixBros PayPal account and or Alipay account, but which providers may be changed by us, from time to time, at our sole discretion|
|Product||any product offered for sale by a Seller through or on the Website|
|Seller||any person offering a Product for sale through the Website|
2.Provision of Services
3.1You acknowledge that the Content is subject to the Intellectual Property Rights. As such unless expressly authorised by law, you must not, by yourself, or permit or allow any other person, directly or indirectly to:
i)sell, reproduce, distribute, modify, display or otherwise use any of the Content in any way for any commercial purpose, without the prior written consent of KixBros; or
ii)infringe any of the Intellectual Property Rights.
3.2Nothing done on or in relation to the Website will effectively transfer any Intellectual Property Right to you and or permit you to use or exercise any such Intellectual Property Right, unless expressly specified herein.
4.1Links to any
4.3In this respect, KixBros does not:
i)make any warranty, express or implied, with respect to the links to such websites provided from or through the Website;
ii)guarantee the accuracy, veracity, reliability, completeness of the content on such
iii)make any endorsement, express or implied, of the appropriateness of such third- party websites, that are linked from or through the Website.
5.Using the Services
5.1In connection with your use of or access to the Services, you irrevocably and unconditionally agree that you will not:
∙post, list or upload Content, or Products, which we deem to be inappropriate;
∙breach or circumvent any laws,
∙use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
∙fail to pay for Products purchased by you, unless you have a valid reason as set out in an KixBros policy, for example, the seller has materially changed the Product’s description after you offered to buy, a clear typographical error is made, or you cannot contact the Seller (see our Unpaid item policy);
∙fail to deliver Products sold by you, unless you have a valid reason as set out in an KixBros policy, for example, the Buyer fails to comply with the posted terms in your listing or you cannot contact the Buyer;
∙manipulate the price of any Product or interfere with any other user's listings;
∙post false, inaccurate, misleading, deceptive, defamatory, or libellous content;
∙take any action that may undermine the feedback or ratings systems (see our Feedback policies);
∙transfer your KixBros account (including Feedback) and user ID to another party without our prior consent;
∙distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes or anything else which is unlawful in your jurisdiction;
∙distribute viruses or any other technologies that may harm KixBros or the interests or property of users;
∙use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the express prior permission of KixBros;
∙interfere with the working of the Services, or impose an unreasonable or disproportionately large load on our infrastructure and or systems;
∙infringe any of the Intellectual Property Rights. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to KixBros or someone else;
∙infringe any Intellectual Property Rights which belong to third parties that may be affected by your use of the Services, or if you post content that does not belong to you;
∙commercialize any KixBros application, or any information or software associated with such application, except with the prior express permission of KixBros;
∙harvest or otherwise collect information about users without their consent; or
∙ circumvent any technical measures we use to properly provide the Services.
5.2If we consider, in our absolute discretion, that you are abusing KixBros or the Website in any way, we may, without limiting our other remedies, limit, suspend, or terminate your user account(s) and access to the Services, delay or remove hosted content, remove any special status associated with your account(s), remove, fail to display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services.
5.3If we consider that you are violating any of our policies, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement.
5.4We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone, for any reason, at our absolute discretion.
6.1When listing a Product, you agree to comply with KixBros’s rules for listing, and you irrevocably and unconditionally agree and accept that:
∙You are responsible for the accuracy and content of each listing and the Product offered for sale.
∙Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances) as KixBros cannot guarantee exact listing durations.
∙When you use the consumer seller listing tool to create listings, your
∙Content that violates any of KixBros's policies may be modified, obfuscated or deleted at KixBros's discretion.
∙We may revise data in the Product catalogue to supplement, remove, or correct information; and if your listing does use catalogue data that has been revised, those revisions may modify your listing accordingly.
∙We strive to create a marketplace where Buyers can find Products that they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
− Buyer's location, search query, browsing site, and history;
−Product location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
−Seller's history, including listing practices, ratings, KixBros policy compliance, Feedback, and defect rate; and
−number of listings matching the Buyer's query.
∙To drive a positive user experience, a listing may not appear in some searches and browse results regardless of the sort order chosen by the buyer.
∙Some advanced listing upgrades will only be visible through certain Services.
∙KixBros's duplicate listing policy may also affect whether your listing appears in search results.
∙Metatags and URL links that are included in a listing may be removed or altered so as to not affect
∙We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.
∙Every Seller is fully responsible for the proper listing, packing, shipment and delivery to the Buyer of each Product posted by them, ordered by them and purchased by them through the Website.
7.1The fee that we charge the Seller for using the Services, in respect of an Order, is such amount as is equal to 6.5% of the total purchase price of such Order (“Service Charge”). We charge the Service Charge once a sale and purchase of a Product between a Buyer and a Seller is completed, that is when the Seller delivers the ordered Product to the Buyer and payment for the ordered Product is made.
7.2If you are a Seller, you are liable for all transaction costs arising out of any sales of Products made using some or all the Services, even if the sales terms are finalized or payment is made outside of the Website. In particular, if you offer or reference your contact information or ask a Buyer for their contact information in the context of buying or selling Products outside of the Website, you may be still liable to pay to KixBros the Service Charge, even if the Product does not sell through the Website, given your usage of the Services being in (demand) for the introduction to a Buyer.
7.3Each Seller must have a valid and operating Payment Gateway account on file when selling through the Website and each Seller irrevocably agrees to pay all Service Charges, fees and applicable taxes associated with our Services by the relevant payment due date. If any Seller Payment Gateway account fails to process payment or is past due, we may collect fees owed to us by charging any other Payment Gateway accounts on file with us, retain collection agencies and legal counsel, and, for accounts over 90 days past due, request that the Payment Gateway deduct the amount owed from your Payment Gateway account balance. In addition, any such Seller will be subject to late charge fees as decided by us, at the relevant time. KixBros, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information KixBros reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at www.kixbro.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your KixBros account, you must contact the collection agency directly.
8.1When purchasing a Product, you agree to the following, in that:
•Buyer is responsible for all or any applicable import duties, tax and or expenses related to customs and clearance, and in the event that you fail to settle any such duties, tax and or expenses, KixBros shall not be liable for any Product held by customs or for any delay in the delivery of the Product.
•Buyer is responsible for reading the full item li sting before making a bid or commitment to buy.
•You enter into a legally binding contract to purc hase a Product when you commit to buy a Product, your offer for a Product is accepted, or if you have the winning bid (or your bid is otherwise accepted).
•As an exception to the above, for motor vehicles and real estate, you do not enter into a legally binding contract even if your offer is accepted by a Seller.
•We do not transfer legal ownership of items from the Seller to the Buyer.
•The Seller, not KixBros, is responsible not only for all packing, shipment and delivery of the Product, but also for all charges related to those obligations.
9.Additional Terms - Returns and Cancellations; Promotion Codes and Credits
9.1Any request for return, exchange or refund shall be made, by the relevant Buyer who is shipping a Product to the Seller, in perfect and resalable condition, at its own expense, within 7 days from which the Product is received The Buyer shall provide a copy of the original invoice, state the reason for the request, and provide proof (such as evidence of a defective Product due to the fault of the seller). The Buyer shall not be reimbursed any shipping costs by the Seller, except where the Product is defective or incorrectly shipped by the Seller to the Buyer.
9.2If there is a request by a Buyer for return, exchange or refund of a Product, the Buyer shall ensure that the label tags (if any) of the returned Product remain intact and attached to the Product. The Buyer shall also ensure that the Product has not been worn, washed or altered in any way, and that it does not show any signs of use. Soles of all footwear must be in perfect condition and must not be marked in any way.
9.3Refunds will be processed as soon as the returned Product has been received and accepted by a Seller. Each refund shall be made in the same currency as the currency stated in the original Order.
9.4When a Product is returned, in order to refund the Buyer, the Seller shall authorize KixBros to request that the Payment Gateway removes the purchase price from the Seller’s Payment Gateway account, place the amount on the Seller’s invoice, and/or charge Seller’s Payment Gateway account on file.
9.5In the event that a return, exchange or refund is made due to a defective Product or an incorrect Product being shipped by a Seller to a Buyer, the Seller shall also reimburse the Buyer for all shipping costs properly incurred in the return of the Product to the Seller. KixBros shall not in any way be liable to refund the Service Charge to the Seller if a return, exchange or refund of Product is made due to any error or fault on the part of the Seller.
9.6You accept that a Product may only be exchanged for Product of a different size or colour with the same KixBros Product item code.
9.7In the event that a Product ordered from a Seller is out of stock, but is processed by the Website as sold to a Buyer prior to the adjustment of the inventory displayed on the Website, the Seller shall refund the Buyer in full if the Seller is unable to procure the shipment of such Product within 14 days from the date the original Order for such Product was completed.
9.8KixBros may from time to time offer promotional codes for discounts or special offers.
9.9A maximum of 1 promotion code can be used in a single Order.
9.10A store credit may not be combined or used with any promotional code.
10.Eligibility to Purchase a Product
10.1In order to make an Order to purchase a Product, you must:
i)Be aged 18 or over;
ii)Be eligible to use the Payment Gateway; and
iii)Provide personal and payment details which you represent to be valid and accurate in respect of name, email address, phone number, billing information and such other requested information as may be indicated on the Website.
10.2In making an Order to purchase a Product, you irrevocably and unconditionally authorise KixBros to process a charge through the Payment Gateway in the amount of the total purchase price of your Order for the specified Product and all proper related delivery costs. You also expressly authorise us to use any personal information provided by you to perform appropriate
10.3Each Order for a Product is subject to the availability of such Product and the confirmation of the listed price of the Product. A Product stated on the “Your Cart” page on the Website is not “reserved” to you and may be purchased by an y other user of the Website, who first completes an Order for such Product.
10.4The Services are for your personal use only, so you irrevocably agree not to use the Website to purchase Products which are for resale, or for any other commercial purpose.
11.1The descriptions of Product on the Website is provided by the intended Seller of the Product. KixBros does not in any way warrant that the description of the Product on the Website is accurate, complete, reliable, current, or
12.Payment for and Acceptance of Order
12.1Each payment by a Buyer for a Product shall be effected through the Payment Gateway and shall be in HKD.
12.2By making an Order, the Buyer confirms that it is an eligible user of the Payment Gateway.
12.3Upon making an Order, the Buyer agrees and shall make a payment in the amount of the total purchase price of the Product as displayed on the Website “Your Cart” page.
12.4Once a Buyer has made an Order and made the relevant payment in accordance with Clause 12.3 above and received by us, we will notify the Seller of such Order. The Seller shall thereafter procure the shipment and delivery of the Product to the Buyer.
12.5Upon successful delivery of the Product from the Seller to the Buyer, we shall deposit the total purchase price of the Order, less the Service Charge, to the Seller’s Payment Gateway account within 7 to 14 Business Days. The actual time of us making such a deposit shall depend on the lead time of the Product delivered.
12.6We reserve the right not to notify the Seller of your Order, for any reason, at our sole discretion. Such reasons include but are not limited to the following:
i)The Product you ordered is out of stock, or has been withdrawn from the Website due to its failure to meet quality standards;
ii)We identify a pricing error or a Product description error;
iii)We are unable to obtain authorisation for your payment; or
iv)You do not meet any eligibility criteria to purchase as set out in the Terms and Conditions.
13.1Any complaint about the Services or any Products shall be made to firstname.lastname@example.org within 7 days after the problem with the Service or within 7 days of your receipt of the relevant Product.
15.1In the course of providing and using the Services, either of us may obtain confidential information relating to the other (the “ Confidential Information”). In this respect, we each agree with the other not to:
i)disclose any Confidential Information to any third party;
ii)make copies of any Confidential Information for private use or for distribution; and
iii)use any Confidential Information other than for purposes of providing and using the Services or purchasing a Product.
15.2Immediately upon termination of your right to use the Website, both you and KixBros shall cease to use any Confidential Information for any purpose.
16.Limitation of Liability
16.1The Services are provided and are available to you only on an
16.2To the full extent permitted by law, we hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability,
16.3We do not warrant that our servers or any electronic communications sent from us are free from viruses or other harmful components.
16.4We do not represent or warrant that your access to the Website will be uninterrupted or that there will be no failures, errors or omission or loss of transmitted information, or that no viruses will be transmitted to you or by you via the Website.
16.5We shall not be liable to you or to any third party for any damage allegedly sustained by you or by them arising out of the Services, your use or access of the Services, including in respect of viruses allegedly obtained from the Website, or your use of or reliance on the Website or any Content, regardless of the type of claim or the nature of the cause of action.
16.6You now hereby unconditionally and irrevocably release KixBros from all claims, demands and losses (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services.
16.7In any event no claim made by you shall exceed the total purchase price of the Product contained in a particular Order.
16.8Additionally, every claim must be brought by you within thirty (30) days from the day on which you become aware of the claimed breach of the Terms and Conditions.
17.1You unconditionally and irrevocably agree to fully indemnify, defend and hold harmless KixBros from and against any and all loss, liability or costs, including, without limitation, full legal costs on a full indemnity basis, however incurred by KixBros in connection with or arising out of any claims or legal proceedings which are brought or threatened against KixBros by any person arising from:
i)your improper, illegal or unlawful use of the Website or the Services; and or
17.2In accordance with the provisions of Clause 17.1, you agree to fully cooperate with us in the handling of any claim or legal proceeding brought or threatened against KixBros resulting from your improper, illegal or unlawful use of the Services, or your breach of the Terms and Conditions. In this respect, KixBros shall be entitled to be fully reimbursed by you for all loss, liability or costs incurred by KixBros from such claims or legal proceedings brought or threatened against KixBros.
18.Term and Termination
18.1The obligation to comply with the Terms and Conditions shall commence upon your first access to the Website or your first use of the Services, and shall continue until you cease to access the Website or to use the Services.
18.2We reserve the right to terminate and or suspend your access to the Website, or to the Services, with or without any reason and without notice.
19.1We shall not be responsible or liable for any failure or delay in the performance of the Services caused by, directly or indirectly, forces beyond our control, including, without limitation, act of God, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, server malfunctions, and or outraged or disruption of utilities.
20.1Any notice to be given under the Terms and Conditions shall be delivered or by registered post to our address as displayed on the Website or to such an address as may be provided
otherwise. Such notice shall be deemed to have been received on the day of delivery by hand or otherwise on the next Business Day.
20.2Any notice may also be delivered by electronic communication. Such electronic notice shall be deemed to have been received at the time of delivery.
21.Third Party Rights
21.1The Terms and Conditions are made for the benefit of you and KixBros, and are not intended to benefit any third party or be enforceable by any third party. Unless expressly provided for in the Terms and Conditions, any party who is not a party to the Terms and Conditions shall not enforce any of the terms of the Terms and Conditions under the Contracts (Rights of Third Parties) Ordinance (Cap. 623).
22.1You shall not assign or transfer your rights or obligations under the Terms and Conditions, by enforcement of law or otherwise, without our prior written consent. We may however assign or transfer our rights under the Terms and Conditions freely, without your prior consent.
23.1The Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter hereof, and now supersede all prior and or contemporaneous agreements, claims, representations and the Terms and Conditions understandings between you and us in connection with the subject matter hereof.
24.1We reserve the right to modify, add to, or delete from the Terms and Conditions, any material on our Website, or any of the Services at any time without prior notice to or consent from any user of the Services, and such modification or deletion shall be effective immediately upon displaying on the Website.
25.1In the event of any discrepancies in the Content, including but not limited to any information of a Product as provided by a Seller, the English language version shall prevail.
26.1In the event of a breach of the Terms and Conditions by you, no exercise or failure to exercise or delay in exercising any right, power or remedy vested in us under or pursuant to the Terms and Conditions shall constitute a waiver by us on any right, power or remedy.
27.1If any provision of the Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from other provisions and shall not affect the validity and enforceability of any remaining provisions.
28.1The Terms and Conditions are governed by and construed in accordance with the laws of Hong Kong.
29.1Any dispute arising out of or in connection with the Terms and Conditions shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the UNCITRAL Arbitration Rules. The seat of arbitration shall be Hong Kong, the number of arbitrators shall be one, as appointed by the HKIAC, and the arbitration proceedings shall be conducted in the English language.