General terms and conditions
for the Kärcher online shop in Hong Kong
Kärcher Online Shop - Terms & Conditions
You are welcome to visit our website at http://kaercher.com/hk any time as your online and one-stop shop for buying and consuming our products and services.
1.1 The following terms and conditions (“Terms”) apply to all contracts that Karcher in Hong Kong enters into consumers for transactions that arise out of or takes place at the online shop that Kärcher manages and operates in Hong Kong (“Purchase Agreement”).
1.2 A consumer is defined as any individual or corporation entering into the contract to purchase goods and services for his/its own use (“Customer”). Nothing in our website can be regarded as an offer or solicitation to sell or offer to sell any products in any country to any person to whom it may be unlawful to make such an offer, invitation or solicitation in such country.
1.3 Orders and deliveries of the Purchase Agreement can only be made within Hong Kong. The contract language shall be in English & Chinese.
1.4 Overseas Customers, who are not residing in Hong Kong, should contact the national Kärcher online shop in their respective countries (information is specified in www.kaercher.com).
2. Contract conclusion
2.1 Products, including but not limited to equipment, accessories and detergents, available on Kärcher’s online shop are non-binding offers to the Customers to order and purchase the products. Kärcher reserves the right to make technical and product changes to its online shop.
2.2 Products can be selected from those on offer, placed in a basket and submitted as an order. Before Kärcher dispatches the order, Customers will be able to review and confirm the information provided, including but not limited to the product designation, quantity, name of the Customer, the Customer’s shipping and billing address, the method of payment, and the Customer can change his details if necessary.
2.3 Kärcher will confirm all orders placed by the Customers by sending to its Customers e-mail receipts of the orders (“Order Confirmation”). However, the Order Confirmation does not represent Kärcher’s acceptance of the order. A Purchase Agreement is only established when the products are dispatched to the Customer.
2.4 These general Terms can be printed out or saved by Customers.
2.5 Customers can save or print out orders directly after submitting the orders. Customers are also provided with the contract provisions and the general terms and conditions together with the Order Confirmation - that govern the orders with the order confirmations.
2.6 Kärcher is entitled to limit orders to common household quantities. This refers to both the quantity of ordered products as part of an order as well as several orders for the same product where the individual order accounts for a common household quantity.
3. Prices, costs for shipment
3.1 Deliveries are subjected to a charge of $100 if order on/under $499, delivery charge of $50 if order above $500 to $799. Free delivery is offered for order above $800 at a time. The delivery costs are shown before the orders are submitted.
4. Payment, default
4.1 Payment can be made with a valid Visa / Master Card credit card.
4.2 If for any reason, the Customer’s credit card payment is declined or reversed, the Customer is obliged to pay on receipt of the goods, the purchase price thereof plus any other incidental costs (including but not limited to any processing costs charged by the credit card (if any)) within a period of ten (10) days.
5. Retention of title
5.1 Products delivered shall remain the property of Kärcher until the Customer has paid the purchase price in full. All risks of loss of or damage to our products while in Customers’ possession shall be borne by customers absolutely.
6.1 Kärcher is entitled to make partial deliveries as it deemed reasonable. Deliveries will be made on Mondays to Saturdays in 3 time slot: 8:00am to 12:00pm 12:30pm – 18pm, 18pm to 21pm, not including Public Holidays or Eve of Public Holidays.
6.2 If Kärcher is unable to deliver the Customer’s ordered goods because the supplier does not fulfill its contractual obligations, Kärcher is entitled to rescind the Customer’s Purchase Agreement. In this case, the Customer will immediately be notified that the product is unavailable and be directly refunded any payments made and no further claims shall be brought or maintained against Kärcher upon refund of such payments.
6.3 Specified delivery dates are approximate dates and should be used for guidance only.
6.4 Some of the areas are not available for delivery. Please refer to the information of our logistic partner.
7. Offsetting, right of retention
7.1 The Customer agrees not to set-off or purport to set off any claims it may have or allege to have against any sums owing to Kärcher.
8.1 Kärcher’s warranty for its products is as follows:
Two year warranty are given all products sold on our website are given
Exclusion - Consumable items referred as accessories such as filters, brushes, hoses, batteries, nozzles, cloths and other normal wear and tear parts are excluded under this warranty.
8.2 Kärcher will not be liable for any claims that arise from:
8.2.1 normal wear and tear from normal use of the products;
8.2.2 damage occurring after delivery of the products to the Customer attributed to incorrect handling, storage or installation, non-observance of installation or handling instructions, excessive use or a lack of maintenance or care; and/or
8.2.3 damage or deterioration of the products or damage attributed to force majeure, in particular external influences not stipulated in the contract or use of the products for any other than that stipulated in the contract or normal use of the products.
8.3 For Home & Garden range, Customers who purchased from our online shop have to bring to Kärcher service center for repairs.
8.4 Customer shall retain copy of invoice / sales receipt / proof of purchase for any future warranty claims. If Customer is not able to furnish proof of purchase, Customers will be obliged to pay for any repairs.
9. Privacy statement
9.1 Kärcher will handle all data collected from its Customers in accordance with its prevailing Privacy Statement.
10. Applicable law, final provisions
10.1 These Terms shall be governed by the laws of Hong Kong
10.2 All contracts concluded between Kärcher and the Customer shall consist of the Purchase Agreements reached between Kärcher and the Customer. There shall be no verbal supplemental agreements.
10.3 Kärcher reserves the right to change, modify or otherwise alter these Terms from time to time without prior notice.at anytime. The Customer is advised to review the Terms periodically before you place any order.
10.4 If any clause or paragraph of these Terms is held invalid or is otherwise unenforceable or illegal the remainder of these Terms shall not also be invalidated or affected.
10.5 The Customer acknowledges and agrees that the use of the Customer’s credit card and the use of the password provided to the Customer necessary to complete the Purchase Agreement and the final sales confirmation that may be printed out by the Customer shall be treated as a reasonable security procedure to verify that the Purchase Agreement (as evidenced by the final sales confirmation) has not been altered up to the time of the final sales confirmation up to any point in time when the electronic record needs to be verified within the meaning of the Hong Kong law. The Customer further agrees that the password provided by Kärcher shall be treated as a secure electronic signature within the meaning of the Hong Kong laws.
11. Return Policy
11.1 If you return a Product to us:
Machines Products can be exchanged within 7 days of purchase due to damage or defect found (Man-made damage is not included). After 7 days of purchase, no return or refund is available. The machines products can be repaired during warranty period.
12. Copyright and Trademark
Kärcher own the trademarks, logos and service marks displayed on our websites which cannot be used, copied or otherwise exploited, except with our prior written consent. Unless otherwise stated, all other trademarks, logos, service marks, product names and company names appearing on our websites are the property of their respective owners.
Materials on our website, including, but not limited to, its web page design, function, text, graphics, logos, button icons, images, photographs, computer software, audio and video film clips, and any other materials and derivatives incidental thereto, are protected by copyright. No part of materials on our website may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial, non-commercial or other public purposes without our prior written consent.
13. No Resale
All products sold at our website are for customers’ private use only and shall not be commercially resold or otherwise exploited. We may reject or refuse to take any purchasing order which is suspected to be bought for commercial resale or otherwise exploitation.
14. Indemnity and Limitation of Liability
You shall at all times indemnify, defend and hold us effectively indemnified from and against all claims, actions, proceedings, actual or anticipated losses, damages, costs and expenses (including reasonable legal fees) whether direct, indirect or consequential, whatsoever howsoever arising from or in relation to any breach by you of these Terms or any of your acts in connection with your use of this website. You hereby expressly agree to waive any and all claims that you may have against us for any loss or damages you may suffer in relation to your use of this website. In the event that any of our disclaimers set out herein is not enforceable, our liability in aggregate for losses or damages whatsoever to you shall not exceed the amount that you paid to us for such particular service or product upon which liability is based.
We may at any time terminate or suspend your access to this website wholly or in any part thereof without prior notice for any conduct that we may in our absolute and sole discretion consider that you are or have been in violation of these Terms and/or any applicable law, statute or regulation.
16. Kärcher's Address
16.1 The address of Kärcher for complaints and other correspondences (which shall not be deemed to include service of legal process) is:
Karcher Limited (Hong Kong)
Unit 01, 22/F., Westley Square,
48 Hoi Yuen Road, Kwun Tong, Kowloon
Tel: +852 2357 5863
Fax: +852 2357 5632