TERMS AND CONDITIONS

In these Terms and Conditions, “you”, “your”, “User” shall mean users of the Website (defined below), and “Working Day” shall mean any day other than Saturday, Sunday and public holiday in Hong Kong SAR.

1. Registration

You may need to register an account with username and password (“Account”) with MoMA Design Store Hong Kong (operated by K11 Retail & Corporate Sales Company Limited) (“MOMA DSHK”) in order to use some of the services (which includes online purchases) made available to you on this website (www.momastore.hk) (“Website”). If you choose to register the Account with username and password with MOMA DSHK and/or proceed with payment(s) you agree to provide information about yourself and your billing information in a true, accurate, updated and complete manner. You may update your Account information by clicking on https://www.momastore.hk/customer/account/login on this Website.

You agree to accept responsibility for all acts, activities and transactions conducted through your Account (including all online purchases via this Website (“MOMA DSHK Online Purchase”). You are also responsible for maintaining the confidentiality of your account, username and password and shall notify MOMA DSHK immediately should you suspect any unauthorized use of or access to your account. MOMA DSHK shall in no event be held liable for any acts of yours conducted through your account.

You may not authorize any other persons to use your account, username or password.

2. Eligibility to MOMA DSHK Online Purchase

MOMA DSHK Online Purchase is only available to customers who are 18 years of age or above. Parents should consider installing appropriate parental control tools to prevent your children of underage from submitting information online without parental monitoring.

Additionally, in order to qualify for MOMA DSHK Online Purchase, you must make payment by using a valid credit card and provide personal information (i.e. email address, real name, phone number, billing information, delivery address and other requested information as required to process your MOMA DSHK Online Purchase orders) which are warranted by you to be valid and accurate.

3. Availability and Non-Exploitation

All MOMA DSHK Online Purchase orders are subject to stock availability and Acceptance of Order (defined below). MOMA DSHK Online Purchase is intended for your own personal use and consumption only. Acts of purchasing goods or products from this Website for commercial reselling purposes are prohibited.

MOMA DSHK may refuse any purchasing order which it suspects is for commercial resale purposes. MOMA DSHK expressly reserves all rights in connection hereto.

4. Product Description and Pricing

Products shown on the Website may contain contents and descriptions that are provided directly by the publisher, manufacturer or distributor of such products. Whilst MOMA DSHK endeavours to assure that the contents and product descriptions on this Website are accurate, updated and complete to the extent possible, MOMA DSHK does not warrant that any such information and content to be error-free. MOMA DSHK has made its best efforts to enable the colours of the images of the merchandise or products displayed as accurately as possible on this Website, and MOMA DSHK does not warrant that the colour of the merchandise or products purchased will be accurately displayed by your monitor. MOMA DSHK cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in the "shopping cart" and the time the purchase is actually made. Prices displayed on this Website at the time of your order will be honoured except in the case of obvious error. MOMA DSHK will have the right to cancel any order for products that have been listed with obvious error. MOMA DSHK will have this right regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, the issuing bank of your credit card will issue a credit to your credit card account in the amount of the charge. Prices are shown on this website in Hong Kong Dollars. If your credit card account is not denominated in Hong Kong Dollars, the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer.

5. Payment

You must make payment by using a valid credit card. If your request for payment via your credit card is refused or delayed for process for whatever reason(s), MOMA DSHK shall not be held liable for any delay or non-delivery of your Order. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the currency exchange rates in effect when the charges were incurred. Unless you notify MOMA DSHK of any discrepancies within thirty (30) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes. If MOMA DSHK fails to receive payment through your credit card, you agree to pay all amounts due upon demand by MOMA DSHK or its authorized agents. Our system adopts adequate security measures. Your personal details and passwords are encrypted and such details will be securely stored on our systems. Under no circumstances shall MOMA DSHK be held liable for any loss you may suffer should any third party procures unauthorized access to any data you provided when using our services. Unless expressly set forth on the Website, MOMA DSHK does not accept any other payment form. If MOMA DSHK offers or accepts any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such other form of payment.

6. Currencies

All transactions conducted by or with MOMA DSHK are made in Hong Kong Dollars. If your credit card is not denominated in Hong Kong Dollars, the final price charged in your currency will be converted at the exchange rate determined by your credit card issuing bank in accordance with the applicable exchange rate on the day your credit card issuing bank processes the transaction.

7. Acceptance of Your Order

Once you have entered your valid personal and payment details and placed your order to purchase (i.e. offer to purchase) item(s) on this Website (“Order”), an email will be sent to the e-mail address you provided to MOMA DSHK confirming the receipt of your Order. Such e-mail does not constitute an acceptance of your Order. Acceptance of your Order is only made by MOMA DSHK when an e-mail is sent to the e-mail address you provide to MOMA DSHK confirming acceptance of your Order and its dispatch details (“Acceptance of Order”). You cannot cancel your Order if the Acceptance of Order reaches the email address you provide with MoMA DSHK, before which you can still contact MOMA DSHK to arrange for the cancellation of the Order. MOMA DSHK reserves the right to reject your Order for any reason at its sole discretion.

8. Local Delivery

Currently MOMA DSHK can deliver to commercial or residential addresses within Hong Kong SAR (excluding Discovery Bay, Ma Wan, Hong Kong International Airport and all outlying islands). Delivery service is not applicable to locations that cannot be directly accessed by courier trucks.

MOMA DSHK offers free local delivery for Orders upon any purchase of products on the Website with a net transaction value of HK$500 or more provided that the delivery address you provide with MOMA DSHK is a commercial or residential address located within Hong Kong SAR (excluding Discovery Bay, Ma Wan, Hong Kong International Airport and all outlying islands). For order less than HK$500, the delivery fee is HK$50 per order.

MOMA DSHK will not be responsible for any damage or loss caused when Orders are left at the door or at the security/management office upon customer's request.

MOMA DSHK reserves the right to refuse delivery services and require you to collect your Order at our physical store.

Timescales

When your Order is accepted by MOMA DSHK pursuant to Clause 7 above, MOMA DSHK will provide you with an estimated time for the delivery or dispatch of your Order but without any guarantee.

Local Delivery– estimated delivery within 7 workings days from the date of your receipt of the Acceptance of Order.

Some products may be subject to special delivery arrangements or dispatch times. This information will be indicated on the relevant product‘s detail page.

The delivery of the Order will be processed by third party carriers and MOMA DSHK does not guarantee the accuracy of the expected date of delivery. Delays are occasionally inevitable due to unforeseen factors or events outside the control of MOMA DSHK, for example, travel or transportation disruption. MOMA DSHK shall not be liable for any delay or failure to deliver your Order within the estimated timescales.

9. Risk of Loss & Passage of Title

Your Order will be delivered and insured by third party courier(s) pursuant to a separate delivery contract. Risk of loss and title the products shall pass to you immediately upon our delivery to or collection by the courier appointed by MOMA DSHK. You agree to accept all potential risks (including losses and damages) of your Order from that time onwards.

10. Exchange Policy

How to apply for an exchange?

Once the Acceptance of Order is delivered to the email address you provide to MOMA DSHK, the products purchased cannot be exchanged. However, a product found to be damaged or defective on delivery is eligible for exchange in accordance with the below.

(a) To make a request for exchange, you must, within 10 days of receipt of your Order, send by email to online@momastore.hk a photo or video clearly showing the damage or defect affecting the product. MOMA DSHK has complete discretion as to whether a given product is eligible for exchange. Product will only be eligible for exchange if returned in original packaging. Certain designated products are not eligible for exchange, this will be so stated when you place your Order.

(b) MOMA DSHK will reply to your email with confirmation of whether the product is eligible for exchange and if eligible, with instructions on how to return the product to us. If eligible for exchange, MOMA DSHK will pay for the cost of returning the damaged or defective product or arrange for collection of the damaged or defective product from your delivery address at no cost to you. Returned item(s) deemed eligible for exchange will only be replaced with a new item of the same product. If the product is out of stock, a refund will be effected by crediting your account via your original payment method. Such refund can take up to 10 working days to show on your account due to varying processing times between payment providers.

(c) MOMA DSHK will endeavor to effect the exchange or refund within 10 working days upon receipt of the product.

(d) Goods must be unused, unopened and in the same condition as you received it. Please include the followings: the original packaging, tags, certificates, manufacture warranty card, instructions, gifts and all other accessories etc. The packaging must be undamaged with tags intact and attached to the item. Returns that do not meet our policy will not be accepted and will be sent back to the customer.

(e) Coupon used at the purchase cannot be refunded or re-issued.

(f) Exchange can only be effected once for each Order.

(g) Any opened, used or products damaged by customer will be not eligible for exchange (or, where applicable, refund).

11. Complaints

For any complaints, please email our Customer Care Team at online@momastore.hk

12. Limitation of Liability

The Website and the Content are provided on an “as is” and “as-available” basis without warranties of any kind, whether express or implied (except only as may be implied by applicable law). MOMA DSHK does not guarantee that usage of this Website for MOMA DSHK Online Purchase or the server(s) that provide the same are error-free. Users are recommended to download or use appropriate and updated software(s) (including anti-virus software(s)) when browsing or using the functions of this Website. MOMA DSHK, ITS HOLDING COMPANIES, SUBSIDIARIES, ASSOCIATES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO ANY USERS OF THIS WEBSITE (OR ANY PART THEREOF) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE (OR ANY PART THEREOF), WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF MOMA DSHK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBLITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABLITY OF MOMA DSHK, ITS HOLDING COMPANIES, SUBSIDIARIES, ASSOCIATES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS EXCEED THE AMOUNT YOU PAID TO MOMA DSHK IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR PURCHASE.

13. Disclaimer of Warranties

Please read all information, warranties or warnings provided by the manufacturer owner or seller of the products on or in the product packaging and labels before using any product purchased from MOMA DSHK or on this Website. MOMA DSHK shall not be liable for the accuracy, fitness for a particular purpose or quality of such products or reliability of any information provided by any manufacturer owner or seller of such products and it is your responsibility to evaluate such information. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, MOMA DSHK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF GOODS AND SERVICES FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

14. Force Majeure

MOMA DSHK shall not be held liable for failure to meet any of its obligations which is caused by or results from factors or circumstances beyond its reasonable control (including but not limited to adverse weather, labour disputes, law, judgment, order, embargo, interruption or failure of transportation or utility services, etc.).

15. Other Terms and Conditions

Please also review the following terms and conditions, to understand the practice of MOMA DSHK with respect to usage and handling of user information: PERSONAL INFORMATION COLLECTION STATEMENT: https://www.momastore.hk/personal-information-collection-statement MOMA DSHK reserves the right to revise, amend, change and alter these Terms and Conditions at any time without prior notice. Users are advised to check back from time to time for any update or changes to these Terms and Conditions.

16.Governing Law and Jurisdiction

These Terms and Conditions of E-SHOPPING are governed by the laws of Hong Kong SAR and in case of disputes, the parties shall submit to the non-exclusive jurisdiction of the courts of Hong Kong SAR