This Website and the functionalities provided through it are provided by the Seller (hereinafter also referred to as "HongKa", "we", "us", "our") who owns and administers the Website. When using the following websites:
·hongkah.com
(hereinafter referred to as the "Website") regardless of the purpose of use, these Regulations will constitute a legally binding contract between us, i.e. HongKa, and you (hereinafter referred to as "User", "You", "Your"). It is your responsibility to carefully read these Regulations before using the Website. Use of the HongKa Website also requires the acceptance of our Privacy Policy (available at https://hongkah.com/privacy_policy ). If you do not accept the Regulations, you may not use the Website-
Please read the following provisions carefully, as they contain the conditions governing the use of the HongKa
Website. In addition, please read our Privacy Policy located on the Website.
If you have any questions, comments or concerns regarding the contract or any other part of the Website, or regarding any of our presented products and services, or in case of technical problems while using this website, please contact us by email at: all@hongkah.com.
Remember that you are prohibited from providing unlawful content or using the Website in a way that disrupts or prevents its functioning.
1.Definitions
Price - refers to the price of the Goods, valid at the date and time of the Order, inclusive of all promotional offers and rebates; The price does not include delivery costs.
Business days - weekdays from Monday to Friday (with the exclusion of public holidays in accordance with the laws of People's Republic of China).
Written form - also includes e-mail messages clearly specifying the name of the sender and recipient, unless the Regulations state otherwise.
Consumer - a natural person making a legal transaction with the trader not directly related to its business or professional activity, i.e. within the meaning of art.
Entity - refers to any natural or legal person, as well as an unincorporated organisational unit, to which the law grants legal capacity.
Privacy Policy - a document regulating the security of privacy protection and the processing of the User’s personal data; The Privacy Policy constitutes an integral part and an attachment to the Regulations, available at this address https://hongkah.com/privacy_policy.
Regulations - refers to these Regulations along with the Privacy Policy.
Goods - refers to the goods sold by the Seller in accordance with these Regulations; specific information on the Goods is available under designated tabs on the Website.
Contract of sale - refers to the Contract for the sale of the Goods concluded by way of an Order placed by the User and a confirmation of this Order by HongKa; The contract of sale is concluded in accordance with the provisions of these Regulations between the Seller and the User, via the Website sales system, by e-mail or in writing.
User - refers to an entity with full legal capacity using the Website, in particular whose name appears on the Order.
Order - refers to a declaration of will of the User leading directly to the conclusion of the Contract of sale and containing its essential terms; Orders may be placed electronically by e-mail, or in writing 24 hours a day, 7 days a week throughout the year, with the reservation that their processing takes place on Business Days from 9.00 to 18.00; The User may place Orders only for the Goods marked as available on the Website.
2.Technical requirements
2.1. In order to use the Website, the User must meet the following technical requirements:
2.1.1. In order to use the Website, the User must meet the following technical requirements:
2.1.2. have an updated browser in the latest version provided by the following producers: Microsoft Internet Explorer, Google Chrome, Mozilla Firefox,
Apple Safari,
2.1.3. enabled cookies and installed appropriate browser add-ons that allow Java, JavaScript, Adobe Flash,
2.1.4. software blocking the operation of the above programs must be disabled,
2.1.5. have an active e-mail account.
3.Risk and ownership transfer
3.1. If the purchased item is to be shipped to a User who is a Consumer, the risk of accidental loss or damage to the Goods is transferred on to the buyer upon its delivery to the User. In other cases, the risk of accidental loss or damage to the Goods is transferred to the User upon the release of the Goods to the carrier.
4. Complaints
4.1. The Seller shall provide the Consumers with Goods without defects. The Seller is liable to the Consumer if the Goods have any physical or legal
(warranty) defects. If the Goods are defected, the Consumer may submit a statement requesting price reduction or withdrawal from the Contract of
Sale, or request replacement of the defective Goods with ones free from defects, or request repair of the damage.
4.2. The warranty is valid for Consumers only. The User who is not a Consumer and the Seller hereby indemnify each other against liabilities for
warranties against defects, subject to the defects found upon delivery of the shipment.
4.3. Complaints with regards to warranty should be submitted to the following address: HongKa. HeZheng RuiYuan West, No.18, BaGua 4 Road,
FuTian District, ShenZhen, China. In order to streamline the complaint process, the Goods, which are the subject of the complaint should be sent
together with the proof of purchase and the complaint (indicating the person submitting the complaint, and a request to consider the
complaint specifying the method and describing the Goods defect).
4.4. The Seller shall respond to the Consumer's request within 14 (fourteen) days. The Seller shall notify the User of the complaint consideration
process and its outcome in a notification sent to the address provided by the User in the complaint.
4.5. The complaint procedure concerns services provided electronically by the Seller. Complaints regarding services provided electronically may also
be submitted to the Seller's e-mail address: All@hongkah.com.
5. Limitation of the Seller's liability to Users who are not Consumers
5.1. The Seller shall not be liable for incomplete delivery or faulty Goods if such claim is not submitted to the Seller in writing in accordance with the
condition. or, if after satisfactory verification of the Goods, the User detects the above circumstances. The claim must include the Order confirmation number, delivery number and claim details. In the event of a justified claim, the Seller may, at his own discretion, replace the Goods (or a part there
of)or refund the Price of the Goods to the User (or the relevant part of the Price). The Seller shall not have any further obligations to the User, and the
User waives such claims with respect to the matters described in this section.
5.2. The Seller shall not be liable for losses, damages, costs or expenses (including loss of profits) resulting directly or indirectly from non-
performance or delay in performing any obligations under the Contract due to any event or circumstances beyond the Seller's control, including (but not limited to), strikes, protests, power or equipment failures, government actions or force majeure.
5.3. Liability of the Seller, including his agents, employees, subcontractors and suppliers in relation to any claims arising from the Seller's performance
or non-performance with regards to using the information provided in the Contract or interpretation of the following services, based on warranty,
contract, negligence, liability to risk or of any other kind, may not in total exceed the Net Contract Price (excluding taxes and freight) for such products
or services. Under no circumstances shall liability cover compensation for lost profits (lucrum cessans), including loss of profits or revenues; increased
costs of purchasing or delivering materials, supplies or services; the cost of replacement capital; charges for storage or use; or accidental
or secondary damage of any kind.
5.4. is limitation of liability shall prevail over any contrary or incompatible provisions contained in any documents constituting this Contract. It is up to
the User to take all necessary precautions to ensure that the computer equipment and/or selected software are free of such elements as viruses,
computer worms, Trojan horses and other destructive programs.
5.5. Under no circumstances shall the Seller be liable to the User or any other person associated with the User for any direct, indirect or other
damages resulting from the use of the HongKa Website or other related websites. Exclusion of the liability referred to in the preceding sentence shall
include any losses due to a break in business operations, loss of programs or other data associated with servicing the User's IT system or occurring in
any other way, even if the User and the associated person had been clearly informed about the possibility of such damages.
5.6. Under no circumstances shall any third party being a marketing partner or affiliate of HongKa(e.g. Facebook) be liable to any User in connection
with the services provided on behalf of HongKa.
5.7. The above liability limitations do not apply to Contracts concluded between the Seller and Users who are Consumers.
6. Intellectual Property
6.1. This website is owned and managed by the Seller. Unless otherwise stated on the Site, HongKa holds the copyright to all content contained
therein. The content includes: text, graphics, logos, audio clips, trademarks, software server information and other information on the site. All rights to
the content, services and information about the server are reserved. Any changes made to the content on the site by a third party constitute a breach
of HongKa's copyright. In addition, the HongKa Website may contain further information about intellectual property rights and copyrights, the terms of
which must be observed.
6.2. No information contained on the website shall be interpreted as granting, whether by implication, estoppel or otherwise any license or right to use
the website or any information displayed on it, except: (a) in a manner expressly permitted by these Regulations; or (b) after obtaining prior written
consent of HongKa or the prior written consent of a third party who owns the trademark or copyright to the information displayed on the website.
6.3. The User shall understand that the express condition of having an Account is to use it in a way that does not violate the intellectual property rights
of others in any way. The Seller reserves the right, with or without prior notice, to immediately delete the account of any User who infringes on the
copyright or other intellectual property rights of any third party and remove all infringing materials from the Website.
6.4. The User hereby consents to the use of the image of the Goods purchased on the Website, including trademarks and other elements identifying
the User, in social media and other promotional and publication materials of the Seller. At the same time, the User waives all claims (existing and
future), including for payment from the Seller for using images of Goods for the needs specified.
6.5. HongKa respects the intellectual property of other Entities. If you are a third party and believe that your copyright has been infringed, please
contact us with the following information:
6.5.1. an electronic or physical signature of a person authorised to act on behalf of the owner of the copyright;
6.5.2. a description of the copyrighted work that you believe has been infringed; a description of the location of the material in question on the HongKa website;
6.5.3. address, telephone number and e-mail address;
6.5.4. a statement that the breach allegation is based on good faith;
6.5.5. a statement that the information that has been provided is accurate and that you own the copyright or are authorised to act on behalf of the copyright owner.
6.5.6. The User allows the Seller to record images through photography (traditional or digital) of the Goods, or their graphic design, including the layout and logo to
which the User has the rights, and the User at the time of placing the Order grants to the Seller a free, non-exclusive, time and territorially unlimited license for the use
of the logo located on the Goods, as well as the graphic materials placed by the User on the Goods (including making adaptations or alterations) in the Seller's
marketing materials, including reproduction and publication on the Seller's website, in social media or in printed materials.
7. Newsletter
7.2.1. places an order using the form available on the Website, providing his e-mail address and newsletter service, and then sends his address to the Seller by clicking
the appropriate button, or
7.2.2. orders the newsletter service by selecting the appropriate option when placing an Order.
7.3. Once the User activates the verification link sent by the Seller to the e-mail address provided when subscribing to the newsletter, a contract for
the provision of the newsletter service for an indefinite period is concluded between the Seller and the User.
7.4. The User may at any time terminate the contract for the provision of the newsletter service by deactivating the subscription. To unsubscribe from
the newsletter, the User must click on the deactivation link, located in the footer of every newsletter message sent, or by sending such a declaration of will to the Seller.
7.5. The consent to receive commercial information by electronic means sent by the Seller is voluntary and the User may withdraw this consent at
any time.
8.1. The administrator of the personal data provided by the User is HongKa.
8.2. User personal data is processed primarily in accordance with the contract and in accordance with its purpose of execution. Detailed information
about the seller's processing of the data, including the processing time and basis, the rights of the data subject, and the potential recipients of the
data, are contained in the privacy policy posted on the website.