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Copyright Information
Just about everything in, on and about this website, is legally protected. Copyright covers most of the contents of the site: text, graphics, icons, images, audio, software programs, logos and pretty much everything else you can either see or hear. If we don’t own the copyright, one of our vendors or customers does. Copyrights that protect the website exist both in the Hong Kong and just about everywhere else worldwide. You may feel free to use all of the content of the site to learn about and buy our products. Any other use, including reproduction, modification, distribution, transmission, republication, or display of the website’s content is prohibited.
Trademarks
The name K-SWISS, and all of the other names and logos used in this website to identify our products or product features, are all trademarks of Xtep Retail Trading Limited (or, in a few cases, our suppliers or business partners). No one else may use any of these trademarks to identify their company, business, products or services, or in any other way that is likely to be misleading or confusing to the public, or that disparages K-SWISS or its products.
Disclaimer
K-SWISS provides this site on an "as is" basis. This means K-SWISS makes no representation and gives no warranties of any kind, express or implied, concerning the operation of the site, its content, the information contained in it, or the products shown in or purchase at the Site.
In particular, K-SWISS disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The duration of any implied warranty that is not effectively disclaimed will be limited to the ninety (90) days. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Neither K-SWISS nor its affiliates nor its suppliers will be liable for any special, incidental, consequential or exemplary damages, including without limitation damages for loss of use, lost profits or loss of data or information of any kind, arising out of or in connection with the Site or any products purchased at the Site, even if K-SWISS or its affiliates or its suppliers have been advised of the possibility of such damages. In no event will K-SWISS or its affiliates’ or its suppliers’ liability for any claim relating to the Site, any items purchased at the Site, the use of any of the foregoing, or this Agreement, whether in contract, tort or any other theory of liability, exceed the purchase price (if any) paid by you for the applicable purchase at our Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
User Content
Unless otherwise specified by K-SWISS, you must not post, upload or otherwise transmit any materials (including, without limitation, text, audio, video, images and audiovisual works) (collectively, “Content”) to the Site. If you do under any circumstances post, upload or otherwise transmit any Content to the Site, you hereby irrevocably assign and transfer to K-SWISS all right, title and interest in and relating to such Content, including, without limitation, all copyrights or other intellectual property in or relating to such Content. You represent and warrant that you own all rights in any Content, that all such rights are transferred to K-SWISS hereunder, and that no Content will defame any person, violate any other law, include any sexual, violent, drug-related, racist, sexist, intolerant or other inappropriate materials or messages, or infringe or misappropriate any intellectual, proprietary or other right of any third party.
Copyright
If any Content submitted by any other user or member infringes your copyright, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
K-SWISS’s designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
By mail:
Copyright Agent
K-SWISS Legal Department
31248 Oak Crest Drive
Westlake Village, CA 91361
By email: kslegal@k-swiss.com
By fax: 818 706 5397.
The telephone number of the copyright Agent is 818 706 5100. However, please note that notice by telephone is not sufficient.
If you believe that any User Submission that we remove based on a notice of infringement under the DMCA is not infringing, you may send a counter-notice containing the following information to the Copyright Agent (see 17 U.S.C. Section 512(g)(3) for further detail):
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which American may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) (that is, the person who alleged that the User Submission infringed any copyright) or an agent of such person.
Changes
We may modify these Terms of Use at any time by posting the modified Terms of Use. Such modification will be effective immediately, unless you or we otherwise agree.
Information Relating to Products
Not all of the products we sell are available for sale through the Site. We make every effort to display the colors and textiles of our products that appear on the Site as accurately as possible. However, as computer monitors and handheld devices vary in quality and performance, we cannot guarantee that products will be exactly as depicted on your monitor or device.
Orders
When placing an order for the first time, you will be required to open a user account with us and complete certain required fields on an order form generated by the Site. All steps necessary for placing an order are detailed on the Site.
Before you submit your order, you will be given the opportunity to review your selections, check the total price of your order and correct any input errors. All information on the Site is an invitation to treat or bargain only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the selected goods. We will acknowledge receipt of your order without delay by sending an electronic confirmation or email. Please note, however, that such confirmation or email does not constitute acceptance of your order. No contract in respect of any of our products exists between you and us until your order has been expressly accepted by us. If we do not accept your offer and funds have already been deducted from your account, the funds will be fully refunded. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail or text message that confirms that the product has been shipped (the “Shipment Confirmation”). A contract for the purchase of a product between you and us (a “Contract”) will only be formed once we send you the Shipment Confirmation. The Contract will relate only to those products that have been shipped as confirmed by the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the shipment of such products has been confirmed in a separate email or text message.
Refusal of Order
We reserve the right not to accept your order for any reason prior to shipment of the products. We reserve the right to cancel your order by written notice without liability for damages or costs except that we will exchange your order.
When you transmit an order through the Site, we may perform information checks on you before your order is completed and shipped. These checks may include address verification, credit availability and fraud history. We may, from time to time, put an order on hold until these checks can be completed. We run automated and manual checks to filter out suspicious transactions. Suspected fraud will be investigated and prosecuted if necessary.
Our Customer Service personnel may request additional information or documents from you in order to confirm that you are the holder of the credit or debit card that was used to place the order, or are otherwise authorized to place the order. Such information or documents can include the label related to the transaction or a picture of your ID and/or credit or debit card (you should ensure that only the last four digits of the card number, your name and the expiry date are shown). Our Customer Service personnel will not share any information or documents you send, unless an investigation requires us to provide such information or documents to law enforcement personnel. Your information or documents will not be kept by us for more than 6 months, except in the event of an investigation.
If you do not reply to our request for information or documents, we reserve the right to cancel your order. You always have the right to access and modify your personal data by accessing your user account or by contacting Customer Service.
Price
All product prices are in HK dollars. If an error is found in the price of products you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or canceling your order. If you cancel, we will refund or credit you for any sum that has been paid by you or charged to your credit or debit card for the products.
The delivery price is displayed at the end of the checkout process depending on the country you place your order from.
The final price of the goods you order will be displayed on the Site before you confirm your order and will be confirmed on the Shipment Confirmation.
Prices are subject to change from time to time and without notice.
Delivery
We currently can only ship products within Hong Kong, and we offer free shipping on all Hong Kong orders.
The products you order will be delivered during normal business hours once payment has been confirmed to the address specified in your order. If there is no one at the delivery address who is competent to accept delivery of the goods, you will be asked to contact the courier service in order to arranging an alternative delivery date or place to receive the products.
Delivery will not be made unless full payment for the products has been received by us. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. Any delivery date or time specified by us is a best estimate only and we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
If, at the time of delivery, the product packaging is visibly damaged, you should open the package in the presence of the carrier in order to verifying the condition of the products. In the event of damage to the products, you should note the details on the delivery note and contact Customer Service promptly.
If any product is out of stock, we will contact you to determine whether you desire to receive only the items in stock and be refunded for the items out of stock, or cancel the entire order.
Please be aware that changes in shipping address will not be accepted after the order is confirmed.
Shipping costs are subject to change at any time.
Your Right of Cancellation
If you have placed an order in error, or would like to cancel an order before it is delivered, please immediately contact our customer service. We will consider your request to cancel such order in the absolute discretion of K-SWISS. No cancellation is possible after any Product under the order is shipped. As we always strives for quick deliveries, it means there is not much time available for you to request cancellation of your order.
Exchange Order
You have the option to exchange within 30 days after receiving the products. If you decide to exercise your right of exchange, it is your responsibility to promptly return the products to us in their original conditions. Unless there is product quality problem, products are allowed exchange only once, and the exchange must be a product of the same style and the same color. Please note that we will not accept exchanges if the returned products do not comply with below instructions.
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The product is unworn and unwashed and meet the conditions for secondary sales;
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The product is in its original, undamaged packaging, including any accessories or instruction booklets, along with the completed return label and the original packing list;
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The product is complete, e.g. both items of a pair must be returned;
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The product is sent back within the stated exchange period.
Please note that underwear, socks, swimwear and selected limited edition products are not supported for exchange, except for flawed or with any quality defects.
Please also note that exchanges can only process online for purchases made on our website, any return or exchange products at our physical stores is not allowed.
Exchange Process
In order to initiating a product exchange, kindly contact our customer service for specific exchange procedures. Once you have dropped off the return, we will initiate your exchange order. A confirmation email containing the next steps for your exchange will be sent to you. We will process the exchange once we have received the returned product. The newly exchanged item will be sent to the delivery address on the original order. If there is any change in the delivery address, please let our customer service know in advance.
For your own protection, it is recommended that you obtain proof of return when sending the product back to us.
Exchange Delivery and Postage Instructions
For exchange without quality problem, the cost of postage to return the product is borne by you. Please note that we only accept the returned product by delivery with traceable mailing, non-traceable delivery will not be accepted. We recommend that you insure your package for safe return to us, and you are requested to declare the full value of the shipment to the courier company so that you are completely protected if shipment is lost or damaged in transit. If you choose not to insure or declare the full value of the returned product, you will be responsible for any loss or damage to the product during shipping. We are not responsible for any risk of damage to, or loss of the product upon return.
RETURNS
Note: Returns are not allowed, except for flawed or with any quality defects.
Email: cshk@k-swiss.com