We are VirtualKen (collectively referred to as “we”, “the company” or “VirtualKen”) and we own and operate the site www.virtualken.com (collectively referred to as “our site” or “virtualken.com”). Our site offers a convenient way to shop online over the Internet, including by using our applications and also provides one-stop home delivery services (referred to as “services”).
Please read the following terms and conditions carefully before using our site. By using our site or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
1-Registration
1.1 You are required to register with us when you use our services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.
1.2 Where you are required to register, you must:
(i) provide us with accurate, complete and updated registration information;
(ii) safeguard your user name and password; and
(iii) authorize us to assume that any person using our site with your username and password is either you or is authorized to act for you.
1.3 You must inform us immediately of any changes to the information that you provided so that we can communicate with you effectively.
2-Order
2.1 When you place an order, the prices charged are those applicable on the day you order. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
2.2 All products on virtualken.com are listed in US Dollars.
2.3 Our system will generate an email to the email address registered by customer to confirm that we have received your order. Such confirmation does not constitute a promise of delivery of order items.
2.4 We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
(i) no sufficient stock to deliver the products you have ordered;
(ii) no delivery can be arranged for your area; or
(iii) one or more of the products you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.
3-Payment
3.1 The company accepts VISA, MasterCard, American Express. Orders will be charged in Hong Kong dollars. The minimum purchase amount is USD$7 to cover associated administrative charges.
3.2 We use a third party payment processor, Paypal online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by Paypal subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making a credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
3.3 We do not collect or keep your credit card information. If you choose to save your credit card information for express checkout, you agree and accept that the information will be encrypted and stored by the third party payment service providers.
3.4 If the order is cancelled by us for any reason, if you have already made any payment, we will credit the equivalent amount of VirtualKen Credit into your VirtualKen account.
3.5 The company reserves the right to change the payment terms for any order without prior notice.
3.6 Products and prices displayed on our site are for reference only and are subject to alteration or modification at the time of actual transaction.
4-Delivery
4.1 We offer FREE delivery (single location only) for purchases over USD$100 net after using promotion code. For orders under USD$700 after using promotion code, a delivery charge of USD$8 per each order shall apply.
4.2 For delivery address without elevators, the delivery staff may require the customer to pick up products at the ground floor of Tong Lau / the gateway of the village. If needed to deliver to your address A delivery surcharge may be collected by delivery staff when you receive the goods.
You must indicate when check-out if delivery address is not supported with elevator. VirtualKen reserves the right to collect surcharge without prior notice.
4.3 Delivery services shall delay when typhoon signal, a red or black rainstorm warning is hoisted; or such other weather conditions whereby delivery is considered unsafe. In this event, you will be contacted to re-schedule delivery time.
4.4 Our service covers most of the world country. Delivery service is currently unavailable for the following areas: Delivery Unreachable area.
4.5 We currently provide delivery service on Monday to Friday (except public holidays) from 10:30 to 18:00 depends on courier delivery schedule.
4.6 We currently do not make deliveries to the following areas: (1) Outlying islands, (2) Restricted districts and areas that vans cannot access or require parking.
4.7 We will deliver the products ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. You shall accept the products yourself (except where you have specifically instructed us to leave your delivery outside the door or at the concourse – missing delivery under such circumstances shall be at your own risk) when the products are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge additional costs or cancel your order in the event of your failure to accept delivery for whatever reasons.
4.8 It is your responsibility to inform VirtualKen immediately of any changes to your delivery address or preferred delivery time slot after placing order.
4.9 You will become the owner of the product(s) you have ordered when they have been delivered to you. Once product(s) has been delivered to you, they will be held at your own risk and we will not be liable for the loss or damage.
5-Refund & Replacement
5.1 If you find your product(s) in situations listed below, you can request replacement of specific product(s) within a working day after delivery:
(i) Breakage/ Incomplete product package
(ii) Quality issue
(iii) Short-shipment or wrong delivery
5.1.1 You are required to provide proof for approval of any request (stated in clause 5.1) as below:
(i) provide valid proof of purchase from virtualken.com; and
(ii) send photos of the concerned item(s) to us via email / instant messaging apps.
5.1.2 We will arrange replacement of equivalent product within 14 working days upon approval of any request listed above (stated in clause 5.1). If the specific item is out of stock, we will credit the equivalent amount of VirtualKen Credit into your VirtualKen account in store.
5.1.3 We do not accept returns of edible goods such as food, drinks and supplements due to their perishable nature and safety reasons. If your order is returned to us because of an incorrect address provided or refusal of delivery when shipped according to our terms and conditions, we cannot guarantee the condition of the returned goods, must dispose of the contents, and you will not be refunded. In the event an order is delivered late due to an incorrect address or if you are unable to retrieve on the delivery date without prior notification and thawing/damage occurs, you will not be refunded.
5.1.4 All refund will be credited in VirtualKen Credit (dollar amount equivalent) into your VirtualKen account in store. Refund takes approximately 7-14 business days. Once issued, a refund cannot be canceled.
6-Title
6.1 All risks in the product(s) shall pass to you upon delivery but VirtualKen shall retain title in the products until full payment has been received.
7-Force Majeure
7.1 If the performance by VirtualKen of its obligations relating to the services it supplies on this site is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of VirtualKen), VirtualKen shall be excused from such performance to the extent of such prevention.
8-Disclaimer
8.1 We do not represent or warrant that access to our site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
8.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
8.3 We do not represent or warrant that:
(i) any services (whether or not provided by us) will be provided with due care and skill; or
(ii) any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
8.4 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
8.5 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
(i) any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (including using our applications or software) or any information on our site;
(ii) the unavailability of our site (or any part of it), merchandise or services;
(iii) any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or service;
(iv) any merchandise not being of merchantable quality or fit for their intended purpose; or
(v) any misrepresentation on or relating to our site, the merchandise or the services.
8.6 Save as required by law:
(i) we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and
(ii) we will have no liability to pay you any money by way of compensation except otherwise specified in these terms and conditions.
8.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from our site. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
8.8 You agree that each of these limitations is reasonable with regards to the nature of our site and in particular given that when you purchase merchandise through our site you will enter into a separate contract with the supplier in each case.
8.9 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.
9-Warranties
9.1 You undertake that you will not use our site to:
(i) upload, post, email, offer or otherwise transmit any contents of which you have no right (either proprietary, contractual, or fiduciary) to transmit or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or otherwise objectionable;
(ii) impersonate any person or entity by way of transmitting any forged or manipulated contents through the use of any services.
(iii) upload, post, email, offer or otherwise transmit any contents that infringe any proprietary rights or intellectual property rights including, without limitation, patent, trademark, trade secret, copyright of any party;
(iv) upload, post, email, offer or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except such advertisements or promotional materials expressly authorized by us in writing;
(v) upload, post, email or otherwise transmit any contents that contain software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of our site and/or computer software or hardware or telecommunications equipment constituting them;
(vi) interfere with or disrupt the services or servers or networks through which the services are provided, or disobey any requirements, procedures, policies or regulations of such networks;
(vii) collect or store personally identifiable information about other users.
9.2 You acknowledge that our site does not have any obligation to pre-screen contents, but our site has the right (but not the obligation) in its sole discretion to refuse or remove any contents that is available via the services. Without limiting the said right, our site has the right to remove any contents that, in its opinion, violate the terms and conditions or are otherwise, in its opinion, objectionable.
10-Linked Websites
10.1 Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
11-Intellectual Property
11.1 All intellectual property rights in the content, user content, design, text, graphics and other materials on our site, and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any unauthorized use without our prior written permission is strictly prohibited.
11.2 All trademarks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
12-General
12.1 We may revise these terms and conditions at any time without prior notice. If any dispute arises, the company’s determination shall be final.
12.2 Where these terms and conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
12.3 We take privacy issues seriously. Our privacy policy statement covers our use of any information you provide. In using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy statement. You acknowledge and agree to be bound by the terms of our privacy policy statement.
12.4 We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
12.5 You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
12.6 These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
12.7 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts. If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
12.8 You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of our site or the content or your breach of this agreement. Whenever necessary, $1 per each paper shopping bag each will be charged in accordance to the Hong Kong regulation.
13-Terms and Conditions for VirtualKen Credit
13.1 VirtualKen Credit refer to all rebate/refund when customers shop at VirtualKen, and are equivalent to the same face value of US Dollar.
13.2 VirtualKen Credit can only be used as cash dollars redemption for next purchase in store. They cannot be redeemed for cash.
13.3 VirtualKen has the right to request their personal information for verification purposes.
13.4 The VirtualKen Credit records of VirtualKen shall prevail. VirtualKen will not accept any claim of missing VirtualKen Credit after transaction.
13.5 VirtualKen Credit are non-transferable, non-divisible and VirtualKen Credit stored in different membership account cannot be combined.
13.7 All the VirtualKen Credit will be cancelled after December 31st. Any expired VirtualKen shall be forfeited automatically and customers shall not be entitled to any form of compensation.
14-Terms and Conditions for Promotions
14.1 Promotion code or coupon offered by us shall only be applicable to one-off purchase at our site subject to special terms and conditions.
14.2 Promotion code or coupon is neither refundable nor redeemable for cash. Any unused amount will be forfeited.
14.3 We reserve the right to terminate or vary the above offers. In the event of any dispute, our decision shall be final and conclusive.*Promotions refer to the offers under promotion code and VirtualKen member offer.
14.4 VirtualKen member offer cannot be applied together with the offers under promotion code.