General Terms and Conditions
All content and materials on the Website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks, and all other intellectual property of any nature whatsoever) are the sole and exclusive property of KATE PADGET-KOH LTD. You may not reproduce, by any means or process, in full or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such content or materials contained on the Website.
The “KATE PADGET-KOH” trademark, the trademark image of a horse and carriage and all other KATE PADGET-KOH LTD related marks, names and logos, whether or not registered, displayed on the www.katepadgetkoh.com website, as well as the domain name “www.katepadgetkoh.com”, are and will remain the exclusive property of KATE PADGET-KOH LTD. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose whatsoever without prior, express agreement of KATE PADGET-KOH LTD is prohibited.
You may not remove any copyright, trademark or other proprietary notice contained on the Website or any content contained therein.
KATE PADGET-KOH LTD remains the owner of the creations relating to the products displayed on the Website.
The Terms and conditions of Use and Terms and Conditions of Sale do not grant you or any other person any entitlements of any kind to the intellectual property rights held by KATE PADGET-KOH LTD.
These intellectual property rights prohibit, inter alias, the affixing of the KATE PADGET-KOH LTD trademarks and/or its logos, or the insertion of photos of the products or their packaging in any material (including brochures, posters, catalogues, correspondence, press articles, audio-visual works, internet sites, intranet sites, etc.) without express prior written approval from KATE PADGET-KOH LTD. You agree to refrain from fabricating and/or arranging for the fabrication of, for itself or on behalf of third parties, products that are identical to, and/or similar to, and/or constituting imitations of the products displayed on the Website or derivative products within the meaning of federal and state intellectual property laws and regulations.
The Website may contain links to third party websites not under the operation or control of KATE PADGET-KOH LTD. Such links are provided as a convenience only and cannot, and should not be interpreted as an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the Website if expressly authorized in advance in writing by KATE PADGET-KOH LTD.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, KATE PADGET-KOH LTD will not be liable to you, or any third party, for any damages including without limitation indirect, incidental, exemplary, punitive, special or consequential damages, such as loss of profits, loss of goodwill or any other intangible losses, arising out of or in connection with your use or inability to use the Website, any content or materials on this website, or any of the products or services offered on this website, even if KATE PADGET-KOH LTD has been advised of the possibility of such damages, except where such liability or damage is the direct result of the gross negligence, fraud or wilful misconduct of KATE PADGET-KOH LTD.
DISCLAIMER OF WARRANTY
Use of and browsing in the Website are at your own risk. KATE PADGET-KOH LTD does not guarantee or represent that:
- the Website is free from viruses, worms, trojan horses or other destructive material;
- the information contained on the Website is accurate, complete or up to date.
The Website may contain technical inaccuracies or other defects; KATE PADGET-KOH LTD does not guarantee that any such defects will be corrected. The Website and its contents are provided on an “as is” and “as available” basis. KATE PADGET-KOH LTD expressly disclaims all warranties of any kind, whether express or implied, to the fullest extent permitted by applicable law.
GOVERNING LAW – DISPUTES
The application and enforcement of these Terms and Conditions of Use, the General Terms and Conditions of Sale, and any Specific Terms and Conditions of Sale that may be applicable, shall each be governed by and construed in accordance with the laws of Hong Kong, without regard to principles of conflicts of laws. In the event of a dispute, the court of Hong Kong, shall have exclusive jurisdiction over any such dispute and you hereby agree to submit to the exclusive jurisdiction of such court to the fullest extent permitted by applicable law. KATE PADGET-KOH LTD shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.
The failure of KATE PADGET-KOH LTD to enforce any part of these Terms and Conditions of Use, General Terms and Conditions of Sale or any Specific Terms and Conditions of Sale that may be applicable to your order, shall not constitute a waiver of any of KATE PADGET-KOH LTD rights hereunder for past or future acts.
If any provision of these Terms and Conditions of Use, General Terms and Conditions of Sale or any Specific Terms and Conditions of Sale that may be applicable to your order, are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
General Terms and Conditions of Sale
You may print the full text of the General Terms and Conditions of Sale and the Specific Terms and Conditions of Sale by clicking on the following Link.
SCOPE AND AGREEMENT ON THE TERMS AND CONDITIONS OF SALE
All these documents are available in the “Legal” section of the footer of the Website.
Your purchase and order of products on this Website constitutes your agreement with KATE PADGET-KOH LTD, Inc. (“KATE PADGET-KOH LTD”) to comply with and be bound by the Terms and Conditions of Sale.
All orders may only be placed on the Website by customers purchasing product not intended for resale. Any resale of KATE PADGET-KOH LTD products purchased on the Website is strictly prohibited. Therefore, you declare and guarantee that you act as a final consumer and that you do not intend to resell KATE PADGET-KOH LTD products for commercial purposes.
KATE PADGET-KOH LTD may update these Terms and Conditions of Sale at any time without prior notice by posting them on this Website. You can view the most current version of the Terms and Conditions of Sale at any time by clicking on the hyperlink labelled “Terms and Conditions” in the “Legal” section of the footer of the Website.
For each order you place on the Website, your acceptance of the Terms and Conditions of Sale in force as of the date of your order is required. The Terms and Conditions of Sale in effect at the time of your order will govern that transaction.
PLACING AN ORDER
You may place your order via the Website or by telephone by calling +852 9315 5140 from Monday to Friday, 9.00 a.m. to 6.00 p.m. Hong Kong Time and on Saturday from 10.00 a.m. to 6.00 p.m. Hong Kong time.
For each product selected on the Website, a summary page will be displayed featuring a photograph of the item, its coloring and references, the quantity selected, its unit price and the total amount owed for your order.
You should check that this information accurately reflects your selection before confirming your order.
Upon confirmation, your order will be submitted to KATE PADGET-KOH LTD for processing (see “Order Confirmation”). While every effort is taken to try to ensure that the coloring, design and style of the KATE PADGET-KOH LTD products in the photographs displayed on the Website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer or mobile device. KATE PADGET-KOH LTD reserves the right to reject or to cancel your order in its sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described.
Accordingly, KATE PADGET-KOH LTD shall not be liable for any error or inaccuracy in the photographs or graphical representations of KATE PADGET-KOH LTD products displayed on the Website. If you have any questions about the products, you may contact Customer Service by clicking on the hyperlink labelled “Contact Us” in the “Services” section of the footer of the Website.
Please note that for customized scarves, embroidery is done by hand and stitching may be irregular.
KATE PADGET-KOH LTD reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if KATE PADGET-KOH LTD has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other legitimate business reason.
For any exceptional order, please contact Customer Service by clicking on the hyperlink labelled “Contact Us” in the “Services” section of the footer of the Website or at the 800 telephone number listed above.
Products offered for sale and displayed on the Website are subject to availability. KATE PADGET-KOH LTD shall not be liable in case of stock outage or unavailability of products.
KATE PADGET-KOH LTD reserves the right to change the products offered for sale on the Website at any time and without notice.
Details about the availability of products are provided when you place your order. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. In case a product is not available after you have placed your order, we will inform you by email or by telephone as soon as possible. You will be invited to choose another available product on the Website as substitution for the unavailable product or to cancel your order. If you cancel your order, you will be refunded if your credit card or debit card has been charged.
Customized products cannot be cancelled once the order is placed.
After you click on the “Confirm and Pay” button, your order will be confirmed and submitted for processing. Once submitted for processing you may not make any changes to or cancel the order, except as expressly provided in these Terms and Conditions of Sale or applicable law. The confirmation of your order means your acceptance of the Terms and Conditions of Sale.
You will receive an order summary by e-mail.
KATE PADGET-KOH LTD reserves the right not to accept or to cancel your order if the products are not available are incorrectly priced or are otherwise incorrectly described.
All prices of KATE PADGET-KOH LTD products are indicated in USD dollars, excluding taxes and shipping costs (see “Shipping and Delivery”).
KATE PADGET-KOH LTD reserves the right to modify the prices of products offered on the Website at any time without prior notice. You will be charged the prices displayed on the Website at the time your order was confirmed provided the product ordered is available. KATE PADGET-KOH LTD reserves the right to reject or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.
Payment is due immediately upon confirmation of your order. Credit and debit cards are the only methods accepted for payment on the Website.
All orders are payable in US dollars. We accept the following charge cards and credit cards: MasterCard®, Visa®, Diners Club®/Carte Blanche®, American Express®, and JCB®. Your order will only be shipped once we have verified your payment method and received authorization to process your payment.
The services “3D Secure” and “American Express SafeKey” are implemented on the Website. These services protect credit and debit cards from unauthorized use when shopping on the Website. To use these services, you must register for 3D Secure or American Express SafeKey with the financial institution that issued your card. Once you have registered for 3D Secure or American Express SafeKey, you will be automatically prompted to provide your private password during the checkout process on the Website.
Your debit card or credit card will only be debited when your order is shipped. You will not be charged for unavailable products in your order.
SHIPPING AND DELIVERY – DELIVERY AND IN-STORE COLLECTION ZONES
Products will be shipped to the delivery address(es) specified during the ordering procedure provided such address(es) is(are) located within the Delivery Zone. Any delivery address located outside of the Delivery Zone will be refused during the ordering procedure.
Products purchased via the Website may only be delivered to a physical street address within the Delivery Zone.
KATE PADGET-KOH LTD will not process any order for which a post office box or APO/FPO address is provided.
Shipping and Delivery – Shipping costs
You will be asked to select the shipment method you would prefer as part of the order procedure.
Delivery costs depend on the value of your order and the delivery service you select:
- For an order value <$200, Fedex 2 days service will cost $25.00, Standard Overnight service will cost $30.00, Priority Overnight service will cost $40.00 and Saturday delivery service will cost $45.00.
- For an order value between $200.01 and $400, Fedex 2 days service will cost $30.00, Standard Overnight service will cost $35.00, Priority Overnight service will cost $45.00 and Saturday delivery service will cost $50.00.
- For an order value between $400.01 and $700, Fedex 2 days service will cost $35.00, Standard Overnight service will cost $40.00, Priority Overnight service will cost $50.00 and Saturday delivery service will cost $55.00.
- For an order value between $700.01 and $1000, Fedex 2 days service will cost $40.00, Standard Overnight service will cost $45.00, Priority Overnight service will cost $56.00 and Saturday delivery service will cost $60.00.
- For an order up to $1000.01, Fedex 2 days service will cost $45.00, Standard Overnight service will cost $50.00, Priority Overnight service will cost $60.00 and Saturday delivery service will cost $65.00.
Ground: allow between three and seven business days between the date of your order and your date of delivery.
2-Day: your order must reach us before 2 p.m. (EST). It will be delivered within two business days.
Overnight: your order must reach us before 2 p.m. (EST). It will be delivered the following business day.
We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the Website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the products ordered.
Delivery Time – Problems of delivery
Any failure to deliver or late delivery exceeding eight (8) business days should be reported to Customer Service as soon as possible. In order for your claim to be accepted, please notify us within ten (10) business days from the date of confirmation of your order.
You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged product, etc.) by hand, if possible, on the delivery notice, and sign.
If the products do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the terms and conditions contained in the section entitled “Returns – Exchanges – Refunds”. See also Specific Terms and Conditions of Sale as applicable to your order.
Returns – Exchanges – Refunds
Principles and procedure of return:
You may return any product ordered on the Website for exchange or refund within thirty (30) calendar days from the delivery date subject the terms and limitations set out below (see articles 10.1.1, 10.1.2, 10.1.3, 10.1.4 and 10.1.5).
Returned products must be in their original condition and packaging (the pink box and if possible the delivery box), together with their purchase invoice or a copy in the case of a partial return. KATE PADGET-KOH LTD has sole discretion in determining whether the products purchased via the Website are in original condition when returned.
Returning a product for exchange or refund is free of charge.
In this case, please insure your package for the full retail value of the item. KATE PADGET-KOH LTD will not be responsible or liable if any item you return to the Website is lost, misdirected or delivered late insofar as you have to bear the risks of the shipping you have chosen.
You may exchange an item for another item of lesser, equal or greater value subject to the conditions below.
If you exchange an item for another item of greater value, you shall pay the difference in price.
If you exchange an item for another item of lesser value, you will be refunded within ten (10) business days of receipt of the item returned by crediting your debit or credit card.
Please contact Customer Service to receive the pre-paid label by email.
If you exchange an item, the shipping costs for the first delivery will not be refunded. However, you will not be charged for the shipping costs of the second delivery.
Only one exchange per item will be honored.
The following specific conditions apply to exchanges of gifts: If you received an item as a gift from the Website, you may exchange it for another item of equal or greater value only (the difference in price must be paid by you, the recipient of the gift) subject to the conditions below. No refund will be made if you exchange your gift for an item of lesser value.
You may exchange the item either:
- for a different item in the same product category for scarves and ties; e.g. a silk twill scarf for a silk twill scarf, a silk twill tie for a silk twill tie or a tie in heavy silk for a tie in heavy silk;
- for one or several different items which together are equal in value to the full value of the original item you received as a gift.
If you request a refund, KATE PADGET-KOH LTD will use commercially reasonable efforts to ensure that any refund will be made within ten (10) business days of receipt of the product returned by crediting your debit or credit card.
Limitations to exchanges and refunds:
A product ordered on the Website that has been personalized cannot be returned for exchange or refund.
All items orders are custom made and cannot be returned, exchanged or cancelled. No reimbursement will be made.
Only one (1) return or exchange may be processed on an order.
Reservation of title
Products remain the property of KATE PADGET-KOH LTD until payment in full is made to KATE PADGET-KOH LTD.
In case of a payment dispute, you agree to return the received products to KATE PADGET-KOH LTD immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.
Proof – Limitation of Liability
The computerized data registered by the Website in the IT systems of KATE PADGET-KOH LTD establish the terms of the transactions between KATE PADGET-KOH LTD and its customers. In the case of a dispute between KATE PADGET-KOH LTD and its customers relating to a transaction entered into using the Website, the data registered by KATE PADGET-KOH LTD are the terms of the transaction and shall constitute the proof of communication, orders and payments between the parties.
Governing Law – Disputes
Any disputes under these General Terms and Conditions of Sale shall be governed by the Section 6 “Governing Law – Disputes” of the Terms and Conditions of Use.
Disclaimer of Warranties
UNLESS STATED OTHERWISE, KATE PADGET-KOH LTD PRODUCTS ARE SOLD ON AN “AS IS” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER IMPLIED OR BY LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (I) MERCHANTABILITY, (II) FITNESS FOR A PARTICULAR PURPOSE, (III) NON-INFRINGEMENT, (IV) WORKMAN-LIKE EFFORTS, (V) QUALITY, AND (VI) ACCURACY, AND (VII) TITLE.