Purchase Conditions

LAST UPDATED: 4 April 2020

The following Transaction Terms govern all Products and the purchase of these Products in connection with this site (the “Site”). These Transaction Terms hereby incorporate the terms and conditions of the Terms of Use applicable to this Site. In the event of any conflict between these Transaction Terms and the Terms of Use, these Transaction Terms shall prevail.

Unless we expressly provide otherwise, all Transactions, all Products and your use of such Products are subject to these Transaction Terms, which shall apply regardless of how you access the Site (including through the Internet, through a mobile network or otherwise).

1. Products

1. All rights in any products that we make available through the Site.
2. collectively the “Products”, are owned by us or our licensors. You may only use those Products that you purchase or access through the Site solely for your personal, non-commercial use in accordance with these Transaction Terms and any other terms and conditions that may apply to such Products.
3. You understand that the Site and the Products include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by us and our licensors, and you hereby agree to abide by such usage rules.
4. If a separate agreement provided by us governs a particular Transaction or Product, or your use of a particular Product, and the terms of such separate agreement conflict with the terms of these Transaction Terms or the applicable Terms of Use, the terms of such separate agreement will prevail.
5. Except to the extent prohibited by applicable law, we reserve the right, with or without prior notice, to
   • change such descriptions, images, and references;
   • limit the available quantity of any Product
   • honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions
   • bar any user from making any or all Transaction(s)
   • refuse to provide any user with any Product; and/or
   • refuse or cancel any Transaction for any reason prior to our acceptance of such Transaction pursuant to clause 3 below.

2. Purchases

1. If you wish to make a Transaction you may be asked to supply certain information in connection with such Transaction, including without limitation your credit card number or other payment account number, your billing address and your shipping information.
2. By submitting such information, you grant us the right to use such information in accordance with our Privacy Policy, including, without limitation, by providing such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
3. By initiating a transaction, you represent and warrant that:
   • you are legally capable of forming a binding contract with us
   • where a particular Product is subject to a legal age classification, you are of the required legal age; and
   • you have the legal right to use the payment means selected by you.
4. Without prejudice to any other provision of this Agreement we may decline to make a sale at our discretion including, without limitation, in respect of any country upon which an embargo or sanctions have been imposed by any governmental or regulatory body.
   
   

3. Placing an Order

1. Immediately prior to placing an order with us, you will be required to acknowledge that you have reviewed and agreed to these Transaction Terms. By affirming your agreement, you are accepting the terms and conditions of sale set out in these Transaction Terms or any other terms and conditions that may apply to the relevant Products. Upon clicking ‘Place Order’ / ‘Submit Order’ you are acknowledging that you are under an obligation to pay the full price of the Product (including any delivery charges).
   
   
2. Physical Products
   In respect of Physical Products, your order represents an offer to us to make a purchase, which offer is accepted by us only when you receive confirmation from us that the Product(s) has been dispatched (the “Dispatch Confirmation”). We may reject or cancel any Transaction for any reason prior to our acceptance of such Transaction.
   
   

4. Price & Payment

1. The price and availability of any Product offered through the Site are subject to change without notice.
2. If applicable, Product prices on the Site will be inclusive of VAT (if any) unless we expressly provide otherwise.
3. You shall pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges, and any applicable network charges in respect of mobile downloads. In addition, you remain responsible for any taxes (including, if applicable, VAT and/or any import duties) that may be applicable to your Transaction(s).
4. In the event a Product is incorrectly priced:
   • If the correct price of the Product is less than our stated price, we will charge you the lower amount when dispatching the Product to you.
   • If the correct price of the Product is higher than our stated price, we will contact you to tell you and ask for your instructions.
5. Except to the extent applicable law provides otherwise, all sales through the Site are final, and all charges from those sales are non-refundable, except as otherwise expressly set forth in these Transaction Terms. We or our third party designees will inform you if all or any portion of your order is cancelled or if additional or different information is required to accept your order.
   
   

5. Product Delivery

1. Except to the extent prohibited by applicable law, we reserve the right to change Product delivery options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular Product.
2. Except to the extent that applicable law provides otherwise, your sole and exclusive remedy with respect to any Product that is not delivered within thirty (30) days of your order being placed will be either replacement of such Product or a refund of the purchase price paid for such Product, as determined by us in our sole discretion.
3. We will endeavor to process Transaction(s) within forty-eight (48) hours of your order being placed and, if you are based in Hong Kong, you should receive any Product(s) that you order within [seven (7)] working days thereafter. Those based in:
   • Asia (outside Hong Kong) should expect to receive their Product(s) within [30] working days
   • For detailed delivery time please refer to the delivery section.

If we anticipate a delay in delivering a Product to you, we will seek to notify you by email of the estimated delivery date(s), and we will give you the option to continue with your order or request a full refund.

4. Ownership of the Physical Product(s) will pass to you on delivery provided that we have received the required payment in full. You will be responsible for the Product(s) once it is delivered to you.
5. We are not responsible and will not be liable for non-delivery of any Product if you have entered your address incorrectly.
   
   

6. Cancellations and Returns

1. CANCELLATIONS
   In respect of Physical Products, you have a right to cancel your Transaction without giving any reason at any time before the product ships. We will reimburse to you all payments received from you.
   
   
2. CHANGE OF MIND RETURNS
   Lockhei Limited will only accept returns on products that are identified as eligible for return or are received damaged.
   You have up to 7 days from the day you receive your order to cancel and return goods you have ordered from us provided:
   
   • The product is unworn, unused and in a saleable condition with all original tags still attached.
   • The product is in the original packaging and in the original condition when shipped to you.
   • The product has not been specifically excluded from change of mind returns such as “Special Discount” or “Final Sale” items.
     
     
3. EXCHANGING PRODUCTS FOR ANOTHER SIZE
   If the return is in compliance with clause 6-2, you may exchange the product you purchased for another size (subject to availability). Please contact our sales team to check on stock availability.
   
   
4. To cancel a Transaction or exchange a product you must notify us in a clear statement, by:
   Contacting us by email at hi@kxboyz.com
   OR
   writing to us at:
   Returns
   Lockhei Limited
   907, 9/F Silvercord Tower 2,
   30 Canton Rd,
   Tsim Sha Tsui,
   Hong Kong
   
   
5. REFUNDS & DELIVERY COSTS FOR RETURNS
   Please note that we will not refund any delivery fees that were paid at purchase to ship the purchased item(s) to you, or the cost of any packaging you provide to send any items back to us.
   
   You will bear all direct cost of returning the goods to us.
   If the return, in our reasonable opinion is not in compliance with clause 6-2 we will contact you to ship the original product back to you and you will be liable for the shipping costs both to and from us.
   
   If the return is in compliance with clause 6-2 we will reimburse to you all payments received from you, excluding the costs of delivery.
   
   
6. DELIVERY COST FOR EXCHANGES
   You will bear all direct cost of returning the goods to us and also the delivery costs required to send the exchanged products to you.
   In the event the returned product to be exchanged is not in reasonable condition and is not in compliance with clause 6-2 we will contact you to ship the original product back to you and you will be liable for the shipping costs.
   
7. Returned Products will be deemed to have been received by us on the date that is two (2) days (not including Sundays and public holidays) after the post-mark date applicable to such returned Products. We will not be responsible for any costs you incur in returning any Product(s) to us.
   
   
8. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise with us; in any event we will not charge any fees as a result of the reimbursement.
   
   
9. If you fail to comply with the return obligations described in these Transaction Terms, we will be entitled to deduct from any refund the direct cost of recovering the unreturned Product(s). We may also make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. Please note that if such cost is greater than the total refund amount, then no refund shall be given. All refunds will be processed at our sole discretion according to the condition of the returned Product(s).
   
   
10. You will have no right to cancel the Transaction if you have opened or unsealed the packaging of the Product(s).
    
    
11. Other Terms: Lockhei Limited reserves the right to reject any claim for reasons including, but not limited to, violation of these Terms and Conditions, misrepresentations, fraud, abuse, or violation of any laws, physical, verbal, or other abuse, or other action in any other way that is detrimental to the return, refund and exchange policies, as may be determined by Lockhei Limited in its sole discretion. Interpretation of the Terms and Conditions and final determinations of eligibility shall be determined by Lockhei Limited in its sole discretion. Lockhei Limited reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms and Conditions, and/or to add, modify, restrict, suspend, discontinue, or cancel the Price Match Guarantee program without notice.
    
    

7. Defective Products

1. In the unlikely event that you receive a defective physical Product, provided that you return such defective physical Product to us within thirty (30) days following your receipt of such Product, we will (according to your decision) either send you a replacement physical Product or provide you with a full refund.
2. We will cover the reasonable cost of delivery of any defective physical Product returned by you.
   
   

8. Liability

1. To the extent permitted by applicable law, our liability to you is strictly limited to the greater of
   • . the purchase price of the relevant Product(s) affected or [One Thousand] Hong Kong Dollar (HKD1,000).
2. We will not be liable to you for failures, defects or delays in delivery caused by:
   • your provision of incorrect or outdated information;
   • your mobile handset being incompatible with the Site;
   • your mailbox being full;
   • your handset having limited signal;
   • your failure to comply with instructions for use of the Site; or
   • any event which is outside of our reasonable control.
3. We will not be liable to you for any losses which are not a foreseeable result of any breach of these Transaction Terms by us.
4. Nothing in these Transaction Terms shall operate to exclude or restrict either our or your liability for:
   • death or personal injury caused by either our or your negligence; or
   • fraud including fraudulent misrepresentation and fraudulent concealment.
     
     

9. Usage Restrictions for Products

1. All Products you purchase or obtain on or through the Site are solely for your personal, non-commercial use. Except as otherwise expressly provided herein, you may not reproduce, distribute, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products.
   
   

10. General

1. We have the right to revise and amend these Transaction Terms from time to time. You will be subject to the terms and conditions in force at the time that you make your Transaction unless any change to those terms and conditions is required by law or governmental authority or if we give you reasonable notice of any changes before we send you confirmation of your order in which case we may assume your acceptance of such changes unless you notify us to the contrary within thirty (30) days of your receipt of the confirmation of your order.
2. If we fail to exercise any right or remedy available to us under this agreement or by law, that shall not constitute a waiver of that or any other right or remedy.
3. Neither you nor we shall transfer, assign or license any of your rights or obligations arising under these Transaction Terms, provided that we may sub-contract our obligations to a third party.
4. If any provisions of these Transaction Terms are invalid or unenforceable by operation of law, the invalidity or unenforceability of such provisions shall not affect the other provisions of these Transaction Terms.
5. These Transaction Terms and any document expressly referred to in them in relation to the subject matter of any Transaction contain the entire agreement between us.
6. These Transaction Terms and any matters arising in connection with these Transaction Terms (including without limitation any non-contractual obligations) shall be interpreted in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China.
7. We both agree to submit to the exclusive jurisdiction of the courts of Hong Kong .
8. These Transaction Terms have been drafted in accordance with applicable Hong Kong legislation. To find out more about consumer protection legislations in Hong Kong, please visit: https://www.consumer.org.hk/ws_en/legal_protection/hk_consumer_protection_legislations/Index.html
   
   

11. Queries or Complaints

If you have any queries or complaints regarding your Transaction, please feel free to contact us by writing to us at:

KXBOYZ
Lockhei Limited
907, 9/F Silvercord Tower 2,
30 Canton Rd,
Tsim Sha Tsui,
Hong Kong
Email: hi@kxboyz.com