Terms of service

Terms of Service

OVERVIEW

Welcome to Kimdee. The terms “we,” “us,” and “our” refer to Kimdee International (Hong Kong) Co., Ltd., doing business as Kimdee.

Kimdee operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully, as they include important information about your legal rights and cover areas such as disclaimers of warranties and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors, packaging appearance, and other product display details may vary depending on the device you use and your screen settings.

We do not warrant that the appearance of any products or services purchased by you will be identical to how they appear on your screen.

All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Kimdee reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance.

We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may not be able to accommodate cancellation requests once an order has been processed or shipped.

If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time the order was placed.

Your purchases are subject to our Return Policy and Cancellation Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices include applicable taxes where required, but may exclude shipping charges, which will be shown at checkout.

Prices posted in our online store may differ from prices offered through third parties or other sales channels. We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that:
(i) the payment information you provide is true, correct, and complete;
(ii) you are duly authorized to use the selected payment method; and
(iii) you will pay all charges incurred by you at the posted prices, including any applicable shipping charges.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, weather events, public holidays, incorrect address information provided by the customer, or other events outside our reasonable control.

Once products are transferred to the carrier, risk of loss passes to you to the extent permitted by applicable law.

Please refer to our Shipping Policy for full details regarding shipping methods, delivery estimates, fees, and shipping-related issues.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Kimdee, its affiliates, licensors, or content providers and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property right of Kimdee, Shopify, or any third party.

Kimdee’s names, logos, product and service names, designs, and slogans are trademarks of Kimdee or its affiliates or licensors. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools that we neither monitor nor control.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the applicable third-party terms.

We may also, in the future, offer new features or tools through the Services. Such new features and tools shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials or links to websites or services provided by third parties. We are not responsible for examining or evaluating the content, accuracy, or practices of any third-party websites or services.

If you choose to access third-party websites, you do so at your own risk. We are not liable for any harm or damages related to your use of any third-party websites, products, services, resources, or content.

Please review the third party’s policies and practices before engaging in any transaction with them. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Kimdee is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Kimdee, not with Shopify.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Kimdee, including any injury, damage, loss, or claim arising from products or services purchased from Kimdee.

To the fullest extent permitted by law, you expressly release Shopify and its affiliates from claims, damages, and liabilities arising out of or related to your purchases and transactions with Kimdee.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be processed by Shopify in accordance with Shopify’s own privacy practices.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services.

Please review our Privacy Policy for more details on how we, Shopify, and our service providers may collect, use, and disclose personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, reviews, proposals, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any lawful purpose, including commercial purposes.

You represent and warrant that:
(i) you own or have all necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with the Feedback where required; and
(iii) your Feedback complies with these Terms and applicable law.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our discretion to be unlawful, offensive, defamatory, obscene, infringing, or otherwise objectionable.

You are solely responsible for your Feedback and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability.

We reserve the right to correct any such errors, inaccuracies, or omissions, and to update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted an order.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not use the Services:

  • for any unlawful, fraudulent, or malicious purpose

  • to violate any applicable law or regulation

  • to infringe our intellectual property rights or those of others

  • to harass, abuse, defame, threaten, or discriminate against others

  • to submit false or misleading information

  • to distribute spam, malware, or malicious code

  • to scrape, crawl, or harvest personal information from the Services

  • to interfere with or circumvent the security or functionality of the Services

We reserve the right to suspend, disable, or terminate your access if we believe you have violated these Terms.

SECTION 14 - TERMINATION

We may terminate or suspend your access to the Services at our discretion, without notice, if we believe you have violated these Terms or applicable law.

The provisions of these Terms that by their nature should survive termination shall survive, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Privacy Policy, and related provisions.

SECTION 15 - DISCLAIMER OF WARRANTIES

The Services and all products offered through the Services are provided on an “as is” and “as available” basis, except as expressly stated otherwise by Kimdee.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted or error-free operation.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Kimdee, its affiliates, directors, officers, employees, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, revenue, savings, data, or replacement costs, arising out of or related to your use of the Services or any products purchased through the Services.

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kimdee, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to:

  1. your breach of these Terms or any policy incorporated by reference

  2. your violation of any law or the rights of a third party

  3. your misuse of the Services

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with any policies or operating rules posted on this site, constitute the entire agreement between you and us regarding your use of the Services and supersede all prior or contemporaneous agreements, communications, and proposals.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.

We may assign, transfer, or delegate our rights and obligations under these Terms without notice to you.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong.

Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

SECTION 22 - HEADINGS

The headings used in these Terms are for convenience only and do not affect their interpretation.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Services after any such changes are posted constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Kimdee International (Hong Kong) Co., Ltd.
Email: enquiry@kimdeewellness.com
Address: 29-31/F, Tower 5, The Gateway, 15 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong