Privacy Policy

1. Scope and Consent

KixBros Sneaker & Streetwear (“ KixBros”) is concerned with the protection of your personal information and data. In this respect, KixBros is committed to adhering to the “ Six Data Protection Principles of the Personal Data (Privacy) Ordinance” ( Cap. 486 of the Laws of Hong Kong) (“ PDPO”), and the relevant provisions of the PDPO as disp layed at:

https://www.pcpd.org.hk/english/data_privacy_law/6_data_protection_principles/principles.html

This personal data privacy policy (this “ Policy”) describes how KixBros has created its own personal data privacy policy to regulate how KixBros is to collect, use, disclose, retain and protect your personal information. In this respect, your “ personal information” is information about you that is personally identifiable such as your name, email address and or phone number, and that is not otherwise publicly available. By using the Services (as defined in the terms and conditions of use displayed separately (the “ Terms and Conditions”)), you are deemed to: (1) accept the terms and conditions of this Policy, and the Terms and Conditions; and (2) consent to the collection, use, disclosure, retention, and protection of your personal information by KixBros as described in the Policy. If you do not provide the information required by KixBros, it may not be able to provide all of the Services to you.

This Policy does not apply to the practices and policies of companies that KixBros does not own or control, or to people that KixBros does not employ or manage.

2. Personal Information Collection & Use

KixBros will collect personal information when you use the Website, as defined in the Terms and Conditions and or when you use the Services.

KixBros may combine such personal information about you with other personal information that it may obtain about you, from its business partners or other companies.

The personal information that KixBros may collect includes, but is not limited to, the following: -

(A)personal information that you provide to KixBros when you use the Services: -

(1)identifying information such as your name and telephone number;

(2)information you provide during your transactions on the Website;

(3)financial information in connection with payments made by you as a result of your transactions on the Website;

(4)in some instances, when you use the Services, you may be required to provide your age, gender, etc.; and or

(5)additional information that KixBros is required or authorized, by applicable laws, to collect and process in order to authenticate or identify you or to verify the information it has already collected.

(B)personal information that KixBros automatically collects when you use the Services, including but not limited to the following: -

(1)information about your interactions with the Website, your preferences and your communications with KixBros

(2)geo-location information, including information from the location of your mobile device;

(3)information received and recorded from your computer and browser, including the Website’s cookie information (if applicable), software and hardware attributes and the webpages you requested to read; and or

(4)computer and connection information, such as statistics on your webpage views, website traffic, referral URL, ad data, your IP address, your browsing history, and your web log information.

(C)your personal information that KixBros collects from other sources: -

(1)KixBros may supplement your personal information it collects with information as provided from third parties; and or

(2)if you give the personal information about someone else to KixBros, you must do so only with their explicit and prior consent. You have to inform such persons how KixBros collects, uses, discloses and retains their personal information according to this Policy.

KixBros uses personal information for the following general purposes: to customize the contents you see on the Website, fulfill your requests for the Services, improve the quality of the Services, contact you and conduct research.

3. Personal Information Sharing & Disclosure

KixBros will not rent, sell or disclose your personal information to any other person or non- affiliated company, save and except when it has obtained your prior permission to do so or provide requested Services in the following circumstances:-

(1)KixBros is required to respond to subpoenas, court orders or legal proceedings, or is needed to establish or exercise its legal rights or to defend against any legal claims in relation to the Website and or the Services;

(2)KixBros believes it is necessary to share your personal information in order to assist the investigation, prevention or actions in relation to illegal activities, suspected fraud, situations involving potential threats to the personal safety of any persons, and the preventions of violations of the Terms and Conditions;

(3)KixBros receives requests from the party, pursuant to the power under Section 58 of the PDPO; and/or

(4)KixBros transfers your personal information to a third party if it is acquired by or merged with the said third party. In this event, it will notify you before your personal information is transferred. Your personal information will then be subject to a different personal data privacy policy.

4. Access to the Personal Information

KixBros shall take each step necessary to ensure that the personal information it collects is accurate and the latest, and that you are entitled to access and make corrections to your personal information. Please immediately update your personal information if it is changed or is inaccurate.

KixBros will honour any statutory right you might have to access, modify or delete your personal information. You may request access to your personal information by contacting KixBros, following its instructions. Under certain circumstances, KixBros can still withhold that access, decline to modify or delete your personal information in accordance with the PDPO, but will give you reasons if it does so.

KixBros reserves the right to send you certain communications relating to the Services, such as service announcements, administrative messages and newsletters. Unless you provide a written request to KixBros to request for opt out of receiving the above communications, otherwise you accept the same.

5. Transfer of the Personal Information

KixBros may store, process and/or transfer personal information to a country or territory outside Hong Kong directly or indirectly by way of some third-party service providers. In such circumstances, personal information will be transferred to those business partners, who may be situated outside Hong Kong, but who are chosen by KixBros carefully, for the purposes of information statistical management and business operation. In particular, personal information may be transferred to outsourcing agencies who work for KixBros to perform certain data processing regarding personal information. By using KixBros or the Services thereto, you agree that KixBros may transfer or store personal information to a country or territory outside Hong Kong, directly or by way of third-party service providers.

6. Cookies

KixBros may set and access its cookies on your computer. It may use web beacons to access its cookies inside and outside the Websites and in connection with the Services.

7. Confidentiality and Safety

KixBros limits access to your personal information to certain of its employees who it believes reasonably need to have access to that personal information in order to provide the Services and or to perform their jobs.

KixBros also has a substantial, electronic and procedural safeguard that complies with the PDPO to protect your personal information.

8. Changes to this Policy

KixBros may update this Policy from time to time. If so, it will notify you about the changes to this Policy and or of the way in which it treats personal information by placing a prominent notice in respect of any such changes to the Website.

Privacy Policy (GDPR)

EU’s General Data Protection Regulation Policy (“GDPR”)

We are KixBros Sneaker & Streetwear (“collectively referred to as “KixBros”, “We” or “us” below). We are committed to protecting and respecting your privacy. This policy sets out the basis on which any personal data we collect will be processed by us. Please read this privacy policy carefully to understand our views and practices and your rights regarding your personal data. By visiting our websites or by using our services your personal information will be processed as described in this policy.

 

• What information do we collect from you?
• Social Media
• Cookies
• Why do we collect this information?
• How long do we keep hold of your information?
• Who might we share your information with?
• How is your data stored and kept secure?
• What are your rights?
• Other websites
• Changes to our Privacy Policy
• Contact Us

 

What information do we collect from you?

We will collect and process the following data about you:

• Information that you provide by filling in forms on our sites. This includes information provided at the time of registering to use our site, subscribing to our service or requesting further services including, for example, name, home and/or business address, email address, telephone number, financial information, demographic information such as age and/or other information that may identify you as an individual, username and password if you create an account on our site and such other information as may be necessary for the purposes identified in this Policy. We may also ask you for information when you sign-up for e-mail newsletters and when you report a problem with our site.
• If you contact us, we may keep a record of that correspondence.
• We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
• Details of (if applicable) transactions you carry out through our site and of the fulfilment of your orders.
• Any other data you may provide to us in connection with our services and/or our site, including but not limited to:

• information you provide when you use interactive areas of our site;
• information you provide when for Newsletter subscriptions; and
• pictures, videos and messages which you submit to us either via our social media sites (including by use of hashtags associated with us) or our site.

• Information collected from your use of our website or other digital services:

• Details of your visits to our site and information generated in the course of the use our site (including the timing, frequency and pattern of service use) including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise as set out in this Policy, and the resources that you access;
• We will collect information about how you interact with our adverts and newsletters, including whether you open or click links in any correspondence. If you do not interact with our communications for a period of time we will use this information to assess whether to continue to send you communications;
• We may collect information about the device you use to access our website or digital services, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns. We use this information for internal system administration, to help diagnose problems with our server, and to administer our site. Such information may also be used to gather broad demographic information, such as country of origin and internet service provider. Any or all of activities with regard to our site usage information may be performed on our behalf by our service providers.
• Our server automatically collects data about your server’s internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your internet service provider whenever you’re on the internet. When you request pages from our site, our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on our site; the website you visit after our site; the ads you see and/or click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on our site or a referral site; and other web usage activity and data logged by our web servers.

Social Media

We may also use personal data we obtain from social media (for example, Facebook, Instagram, Twitter, YouTube and WeChat to display on our site, our social media pages and for our (and our businesses’) research and analytics purposes. This is usually personal data that you submit to us (e.g. on our site or our social media pages) or you bring to our attention using hashtags or tagging relating to us, our business, our industry and our interests.

Cookies

We use cookies and similar technologies.

Cookies are small files of letters and numbers that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site, for example, remembering your preferences, recording what you have put in your shopping basket, and counting the number of people looking at a website. We use cookies and similar technologies to provide you with a functional website and to give you a more personalised service.

We use the following types of cookie:

• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to deliver adverts more relevant to your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organisations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organisation.
• Similar Technologies. We may use "clear GIFs” (aka "Web beacons” or "pixel tags”) or similar technologies, in our website and/or in our communications with you to enable us to know whether you have visited a web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail that communicates to us whether you viewed an email that we sent you or visited a certain page on our website. A clear GIF may enable us to relate your viewing or receipt of a web page or message to other information we hold about you.

The table below explains the cookies (and similar technologies) we use and why.

Name and Type	Purpose	Default Cookie Duration
cartCookie (Json String)	Save the item which is added to cart by user	1 day
shopCookie(Json String)	Save the shop of the item which is added to cart by user	1 day
country(Json String)	Save ship to country when user add item to cart.	1 day
session_id(Json String)	Store user login session token after user login	1 day

Cookies can be controlled by your web browser settings. Whether our cookies are used will depend on your browser settings, so you are in control. You can choose not to accept any cookies, or accept only certain cookies, or to be prompted before a cookie is saved to your hard drive, or to only accept cookies from certain websites that you designate.

Please be aware that by blocking all cookies you may not be able to access or use all the features of our website and you will not receive a personalised service.

Why do we collect this information?

We process your personal information for the following reasons:

• To fulfil our promise to you where we agree to provide you with our products and services in order to:
• process information at your request to take steps to enter into a contract for sale or for services;
• provide you with our products and services;
• process payments;
• make deliveries;
• maintain business and service continuity;
• send service communications so that you receive a full and functional service and so we can perform our obligations to you. These may be sent by email or post or, if the circumstances require it, we may contact you by phone. These will include notifications about changes to our service; and
• record information to facilitate your rights under guarantee.
• On the basis of your consent:
• Where we rely on your consent for processing this will be brought to your attention when the information is collected from you or be a result of a request by you;
• To display your messages/captions, photos and/or videos (which may include 'likes', comments or other reactions to such messages/captions, photos and/or videos) on our site
• We will contact you with direct marketing communications if you consent to us doing so and you have the right to withdraw consent at any time. See the What are your rights? section below for more information.
• To provide you with the best service and improve and grow our business (our legitimate interests) we will process information in order to:
• provide you with a personalised service;
• improve our products and services;
• keep our site and systems safe and secure;
• understand our customer base and purchasing trends;
• tailor advertising to you;
• create custom audiences on social media sites based on your information and engagement with us so we can target our advertising to similar audiences;
• defend against or exercise legal claims and investigate complaints; and
• understand the effectiveness of our marketing.

We will also carry out analytics to improve our products and services as set out above.

You have the right to object to processing carried out for our legitimate interests. See the What are your rights? section below for more information.

• To comply with legal requirements relating to:
• the provision of products and services;
• data protection;
• health and safety;
• anti-money laundering;
• fraud investigations;
• assisting law enforcement; and
• any other legal obligations placed on us from time to time.

How long do we keep hold of your information?

• We will keep information about you for a maximum of 2 years after the end of our relationship with you unless obligations to our regulators require otherwise or we are required remove such data from our records.

Who might we share your information with?

For the purposes set out in the ‘Why do we collect this information?’ section above, we will share your personal information with:

• the following categories of third parties, some of whom we appoint to provide services, including:
• business partners, subsidiaries, suppliers and sub-contractors for the performance of any contract we enter into with you;

(such as website or database hosting companies, address list hosting companies, e-mail service providers, distribution companies, fulfilment companies and other similar service providers that use such personal data on our engagement).

• analytics and search engine providers that assist us in the improvement and optimisation of our site.;

(such as analytics companies, social media management and analysis providers, social media companies that provide advertising, media, marketing and advertising companies and other similar service providers that use such personal data on our engagement).

• Customer survey providers in order to receive feedback and improve our services.
• any member of our group of companies.
• marketing agencies, media agencies and analytics providers in the form of aggregate statistics regarding user behaviour as a measure of interest in, and use of, our site and marketing e-mails in the form of aggregate data, such as overall patterns or demographic reports. These third parties will not be able to relate this data to identifiable individuals.

Additionally, we will disclose your personal information to the relevant third party:

• In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
• If we are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of our customers, our regulator, or others. This may in some circumstances include exchanging information with other companies and organisations for the purposes of fraud protection and prevention of money laundering and credit risk reduction.

How is your data stored and kept secure?

At KixBros, we take your safety and security very seriously and we are committed to protecting your personal and financial information. All information kept by us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone and we recommend that you change your password every three months.

While we have implemented reasonable technical and organisational precautions to protect the security and integrity of personal data provided to our Site, due to the inherent nature of the internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the internet or while stored on our system or otherwise in Our care, will be absolutely safe from intrusion by others, such as hackers. We do however maintain physical, electronic and procedural safeguards to protect your Personal Data.

We may transfer and store your data outside the European Economic Area ("EEA") or your country. We will only do so if adequate protection measures are in place in compliance with data protection legislation. It may also be processed by staff operating outside the EEA or your country who work for us or for one of our service providers for the purposes outlined in this Policy. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.

We have put in place European Commission approved standard contractual clauses to protect this data. You have a right to ask us for a copy of these clauses (by contacting us as set out below).

Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

What are your rights?

Where processing of your personal data is based on consent, you can withdraw that consent at any time.

You have the following rights.  You can exercise these rights at any time by contacting us at enquiries@kixbro.com or Unit#1, 31/F., Enterprise Square Two, No. 3 Sheung Yuet Road, Kowloon Bay, Hong Kong.  You have the right:

• to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes;
• To ask us not to process your personal data where it is processed on the basis of legitimate interests provided that there are no compelling reasons for that processing;
• To ask us not to process your personal data for scientific or historical research purposes, where relevant, unless the processing is necessary in the public interest.
• to request from us access to personal information held about you;
• to ask for the information we hold about you to be rectified if it is inaccurate or incomplete;
• to ask for data to be erased provided that the personal data is no longer necessary for the purposes for which it was collected, you withdraw consent (if the legal basis for processing is consent), you exercise your right to object, set out below, and there are no overriding legitimate ground for processing, the data is unlawfully processed, the data needs to be erased to comply with a legal obligation or the data is children’s data and was collected in relation to an offer of information society services;
• to ask for the processing of that information to be restricted if the accuracy of that data is contested, the processing is unlawful, the personal data is no longer necessary for the purposes for which it was collected or you exercise your right to object (pending verification of whether there are legitimate grounds for processing);
• to ask for data portability if the processing is carried out by automated means and the legal basis for processing is consent or contract.

Should you have any issues, concerns or problems in relation to your data, or wish to notify us of data which is inaccurate, please let us know by contacting us using the contact details above. In the event that you are not satisfied with our processing of your personal data, you have the right to lodge a complaint with the relevant supervisory authority, at any time.  A full list of EU Supervisory Authorities and their contact details is available at: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

Other websites

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies or content contained on those sites. Please check these policies before you submit any personal data to these websites.

Changes to our Privacy Policy

This policy may be updated from time to time. Please check back frequently to see any updates or changes to our privacy policy.

Contact us

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to enquiries@kixbro.com or directed to KixBros Limited at Unit#1, 31/F., Enterprise Square Two, No. 3 Sheung Yuet Road, Kowloon Bay, Hong Kong.

For the purposes of data protection legislation, the data controller is KixBros Sneaker & Streetwear ,companies registered in Hong Kong under company numbers 2198543 and 2641405 and our registered office is at Unit#1, 31/F., Enterprise Square Two, No. 3 Sheung Yuet Road, Kowloon Bay, Hong Kong.

 

 

TERMS AND CONDITIONS of use

Overview 

 

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 “Services”).

 

When you use the Services, you unconditionally and irrevocably agree to be bound by the Terms and Conditions, and the separate privacy policy which is displayed, and which may be updated from time to time on the Website (the “Privacy Policy”) with the Disclaimer.

 

You should not use the Services unless you unconditionally and irrevocably agree to be bound by the Terms and Conditions, the Privacy Policy and the Disclaimer.

 

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. Definitions

 

• Unless 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 time 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

 

“HKD” or “US$”                    the lawful currency of the United States of America

 

2. Provision of Services

 

• In consideration of you unconditionally and irrevocably agreeing to be bound by the Terms and Conditions, by the Privacy Policy and by the Disclaimer, KixBros agrees to provide the Services.

  

3. Website Content

 

• You 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:

 

1. 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

 

1. infringe any of the Intellectual Property Rights.

 

• Nothing 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. Links

 

• Links to any third-party websites are only provided for convenience. Once you use such links, you leave the Website.

 

• No third-party website linked from the Website is maintained or controlled by KixBros. KixBros is therefore not responsible for the availability, content or accuracy of the content on such third-party websites and you should direct all concerns regarding third-party links to the relevant administrator of such third-party website.

 

• In this respect, KixBros does not:

 

1. make any warranty, express or implied, with respect to the links to such websites provided from or through the Website;

 

1. guarantee the accuracy, veracity, reliability, completeness of the content on such third-party websites that are linked from or through the Website; or

 

• 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

 

5.1       In 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, third-party rights or our systems, policies, or in determinations of your account status;

 

• 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;

 

• export or re-export any KixBros application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

 

• 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.

 

5.2    If 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.

 

5.3    If 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.

 

5.4    We 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. Listing Conditions

 

6.1    When 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 fixed-price listings may renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing.

 

• 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 third-party search engine results.

 

• 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. Fees

 

7.1    The fee that we charge the Seller for using the Services, in respect of an Order, is such amount as is equal to 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.   

 

7.2    If 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.

 

7.3    Each 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. Purchase Conditions

 

8.1    When 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 listing before making a bid or commitment to buy.

 

• You enter into a legally binding contract to purchase 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

 

9.1    Any 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.

 

9.2    If 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.

 

9.3    Refunds 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.

 

9.4    When 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.

 

9.5    In 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.

 

9.6    You accept that a Product may only be exchanged for Product of a different size or colour with the same KixBros Product item code.

 

9.7    In 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.

 

9.8    KixBros may from time to time offer promotional codes for discounts or special offers.

 

9.9    A maximum of 1 promotion code can be used in a single Order.

 

9.10  A store credit may not be combined or used with any promotional code.

 

 

10. Eligibility to Purchase a Product

 

• In order to make an Order to purchase a Product, you must:

 

1. Be aged 18 or over;

 

1. Be eligible to use the Payment Gateway; and

 

• 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.

 

• In 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 anti-fraud checks, anti-money laundering checks and credit checks and also, where necessary, to transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information. Please refer to the Privacy Policy for information about how we use your data.

 

• Each 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 any other user of the Website, who first completes an Order for such Product.

 

• The 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. Product Description

 

• The 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 error-free and KixBros expressly disclaims any responsibility and liability arising from the Products which do not related to their descriptions.

 

 

12. Payment for and Acceptance of Order

 

• Each payment by a Buyer for a Product shall be effected through the Payment Gateway and shall be in HKD.

 

• By making an Order, the Buyer confirms that it is an eligible user of the Payment Gateway.

 

• Upon 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.

 

• Once 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.

 

• Upon 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.

 

• We 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:

 

1. The Product you ordered is out of stock, or has been withdrawn from the Website due to its failure to meet quality standards;

 

1. We identify a pricing error or a Product description error;

 

• We are unable to obtain authorisation for your payment; or

 

1. You do not meet any eligibility criteria to purchase as set out in the Terms and Conditions.

 

13. Complaints

 

• Any complaint about the Services or any Products shall be made to service@kixbro.com within 7 days after the problem with the Service or within 7 days of your receipt of the relevant Product.

 

 

 

14. Mobile Applications

 

14.1     For the avoidance of doubt, the Terms and Conditions, Privacy Policy and Disclaimer shall also apply to any Services which are provided by KixBros through any mobile phone or other mobile communication device application.

 

 

15. Confidential Information

 

• In 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:

 

1. disclose any Confidential Information to any third party;

 

1. make copies of any Confidential Information for private use or for distribution; and

 

• use any Confidential Information other than for purposes of providing and using the Services or purchasing a Product.

 

• Immediately 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

 

• The Services are provided and are available to you only on an “as-is” and an “as available” basis, unless otherwise specified. We make no representation or warranty of any kind, express or implied, as to your ability to access the Website or for us to provide the Services, unless otherwise specified. As such, you agree that you use the Services and the Website on a “caveat emptor” basis, at your sole risk.

 

• To 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, non-infringement, fitness for purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness relating to any Product or Content contained in or provided by the Website.

 

• We do not warrant that our servers or any electronic communications sent from us are free from viruses or other harmful components.

 

• We 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.

 

• We 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.

 

• You 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.

 

• In any event no claim made by you shall exceed the total purchase price of the Product contained in a particular Order.

 

• Additionally, 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. Indemnity

 

• You 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:

 

1. your improper, illegal or unlawful use of the Website or the Services; and or

 

1. your breach of any of the Terms and Conditions or the Privacy Policy.

 

• In 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

 

• The 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.

 

• We 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. Force Majeure

 

• We 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. Notice

 

• Any 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.
• Any 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

 

• The 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. Assignment

 

• You 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. Entire Agreement

 

• The 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. Amendments
    
    
    • We 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. Language Discrepancies

 

• In 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. Waiver

 

• In 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. Severability

 

• If 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. Governing Law

 

• The Terms and Conditions are governed by and construed in accordance with the laws of Hong Kong.

 

29. Dispute Resolution

 

• Any 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.