Terms & Conditions
1.1 This website (www.Kayserbathroom.com) is designed by Kayser International Holdings Limited ("Kayser Bathroom", the "Company") for the exclusive use of customers using its online shopping services. This website is owned and operated by Kayser Bathroom.
If you wish to use Kayser Bathroom's online shopping services or wish to browse Kayser Bathroom's online shop only or use this website in any other way, please read these terms and conditions of use carefully before using this website.
1.2 By using the Site or any part of the Site, you acknowledge that you have read these Terms and Conditions of Use and agree to be bound by them.
1.3 We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on our site. Your continued access and use of our site and our services shall represent your unconditional acceptance of the latest version of the terms and conditions.
1.4 The meaning of some words used in these terms and conditions:
1.4.1 “we”, “us” or “our” is a reference to (name of person or company providing the services).
1.4.2 “you” or “your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.
1.4.3 “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site.
1.4.4 “merchandise” means the goods (including without limitation food and beverages) or services you ordered through our site, which you will pay for.
1.4.5 “intellectual property rights” means any and all patents, trade marks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
1.4.6 “services” has the meaning given in clause 1.1.
1.4.7 “supplier” means the seller and supplier of the merchandise you ordered through our site.
1.4.8 “site” means our Kayser Bathroom’s website located at www.Kayserbathroom.com, and any associated sites linked to it.
1.4.9 “User Content” has the meaning given in clause 14.1.
2. Registration
2.1 You are required to register with us when you use the 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.
2.2 You represent to us and to all suppliers of the merchandise through our site that all purchases made by you through our site will be within the scope of your authority to conclude contracts.
2.3 In consideration of your use of our services, you agree to:
2.3.1 provide true, accurate, current and complete information about yourself when filling out our registration form; and
2.3.2 maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
3. Orders
3.1 Orders are confirmed and processed once the customer has made payment. Orders in processing cannot be cancelled, and no refunds are available.
3.2 Cancellations may be processed at our discretion on a case by case basis, subject to an administration fee of $500 per order.
3.3 Orders will not be processed until Kayser Bathroom has received payment in full for the order. If the order is not paid for in full within two days after the order is placed, the order will be cancelled by the system on this site.
3.4 If an order has been paid for, the customer may still request a replacement for the item(s) of a higher value than originally ordered, and the difference will be reimbursed before delivery. However, there is no cancellation of orders.
3.5 In the event that an item initially ordered by the customer is out of stock, the customer may substitute it with another item from the website. The customer will only be required to pay the difference, or Kayser Bathroom will refund the difference.
3.6 The pictures of the products displayed on this Website may not exactly match the product descriptions. Customers have no right to cancel an order or receive a refund after placing an order and making payment on the basis that the product does not precisely match its online description.
4.2 If the price of the merchandise is higher at the time we are ready to send our acceptance of your order to what it was at the time you placed your order then we will either:
4.2.1 Cancel your order, or
4.2.2 Contact you to ask you whether you wish to pay the higher price or cancel your order.
4.3 If the order is cancelled by us, if you have already made any payment, we will make a refund on any sum deducted by us from your credit card. You agree and accept that we will not be obliged to offer any compensation for the disappointment suffered.
4.4 We use third-party payment services to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider 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 credit card transactions, and in no event shall any such losses in whole or in part be borne by us.
4.5 Whether the payment is made by credit card or bank deposit, we will not start processing the order until the bank has confirmed receipt of payment. In general, we will arrange delivery within 3-5 working days after receiving full payment from the customer. This means that payment will be made first and the goods will be shipped later. We will not process or hold orders without full payment, nor will we accept any responsibility for them.
4.6 Payment by cheque is subject to prior negotiation with our Customer Service Department.
4.7 Kayser Bathroom may restrict the method of payment to the customer depending on the promotion of the offer. In case of any dispute, the decision of the Company shall be final.
5. Deliveries
5.1 Kayser Bathroom shall use reasonable endeavors to deliver the goods on the agreed delivery or collection date but shall not be liable for any delay or non-delivery due to reasons beyond its control.
5.2 Kayser Bathroom will begin processing an order once the full amount of the order has been received by the customer. Normally, delivery will be arranged within 3-5 working days. Delivery or collection dates must be confirmed by our Customer Service Department.
5.3 The basic delivery charge does not include charges for remote areas (Tung Chung, Ma Wan and Discovery Bay) and the "Upstairs Delivery Charge".
5.4 "Upstairs Delivery Charge" is an additional surcharge payable before delivery. Customers are required to provide our Customer Service Department with the exact location of the delivery location when placing an order to facilitate the calculation of the Upstairs Delivery Charge. A schedule of charges for "upstairs delivery" is set out in the "Delivery Details". If the actual delivery site does not match the information provided by the customer, we reserve the right to charge a reasonable difference based on the site conditions. Otherwise, the Company reserves the right to terminate the delivery and the delivery charge will not be refunded.
5.5 If the Customer wishes to change the agreed delivery date, please notify the Company by 12:00 noon on a working day prior to the delivery date. Otherwise, an additional administration fee of $300 will be charged (for local deliveries only).
5.6 If no one is available at the delivery address on the scheduled delivery date and time, a delivery message card will be left and the delivery fee will not be refunded. A further administration and delivery fee of HK$300 will be charged if a second delivery is arranged. (Local delivery only)
5.7 We will make every effort to deliver the goods if the delivery is delayed or suspended due to road traffic or force majeure, but we reserve the right to do so at our absolute discretion. In the event of any dispute, the Company shall not be liable for any loss or damage.
5.8 The Customer or the person on behalf of whom the goods are delivered must check the goods on the spot before accepting the goods. If you find any problems with the quality of the goods immediately upon receipt, please take photos and refuse the goods and inform the Company. The Customer Service Department will follow up on the matter upon receipt.
5.9 Once the delivery note is signed by the customer or the consignee, it means that the quality of the goods has been accepted and the transaction has been completed. We will not accept any subsequent claims for the quality of the goods.
5.10 The maximum storage period for any order is two months. The customer must collect the goods from the pick-up point or complete collection within two months of the order being confirmed. If an order is held in stock for more than two months, Kayser Bathroom is entitled to charge a one-off administration fee of $500.
6. Returns or Exchanges
6.1 Unless otherwise stated, no returns or exchanges will be accepted. Please read the return or exchange policy carefully before placing an order.
6.1.2 The reason for requesting an exchange must be given to Customer Service within 7 days of the date of the delivery note.
6.1.3 The goods must be unused, uninstalled and undamaged.
6.1.4 The original packaging of the goods has not been damaged to the detriment of the Company's secondary sales.
6.1.5 The goods must be supplied with all relevant ancillary accessories.
6.1.6 The customer shall be responsible for any delivery charges incurred for the replacement of the goods.
6.2 Goods damaged by man, natural wear and tear under normal use, ageing, changes in appearance, packaging and illegible defects will not be treated as quality problems and will not be accepted for return or exchange.
6.3 If a customer requests more than 2 changes to an order already in process (including changes to the style and quantity of the item), an administration fee of $500 (per change) will be charged to KAYSER Bathroom from the 3rd time onwards.
6.4 We do not offer refunds under any circumstances.
6.5 In case of any dispute, KAYSER Bathroom reserves the right to the final decision.
7. Insurance Products
7.1 The insurance products offered on our site are provided and underwritten by insurance providers authorized by the Insurance Authority to carry on the insurance business in Hong Kong.
7.2 Any contract entered for an insurance product will be between you and the insurance provider. All insurance products are subject to the terms and conditions of the contract between you and the applicable insurance provider, which includes without limitation the content displayed on the insurance product page of our site.
7.3 No insurance coverage shall be construed as bound or in force unless and until a policy number is issued by the insurance provider to you.
7.4 We are an authorized insurance agent for insurance providers. Premiums will be payable to the insurance providers and we will receive a commission from the insurance providers as remuneration.
7.5 Our role is limited to distributing the insurance products only and we shall not be responsible for any matters in relation to the insurance products provided.
7.6 We are not rendering financial, legal, accounting or tax advice in any way. You are reminded to review the relevant product materials provided to you by the insurance provider and seek independent advice if necessary
8. Disclaimer of Warranties and Limitation of Liability
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:
8.3.1 any services (whether or not provided by us) will be provided with due care and skill; or
8.3.2 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:
8.5.1 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;
8.5.2 the unavailability of our site (or any part of it), merchandise or services;
8.5.3 any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
8.5.4 any merchandise not being of merchantable quality or fit for their intended purpose; or
8.5.5 any misrepresentation on or relating to our site, the merchandise or the services.
8.6 Save as required by law:
8.6.1 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
8.6.2 we will have no liability to pay any money to you 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 having regard 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.
8.10 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
9. Warranties
9.1 You represent, warrant and covenant that you will not:
9.1.1 use our site for any fraudulent or unlawful purpose;
9.1.2 use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
9.1.3 interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
9.1.4 transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
9.1.5 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site (including our applications or software);
9.1.6 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software);
9.1.7 frame or mirror any part of the site without our express prior written consent;
9.1.8 create a database by systematically downloading and storing the Content, User Content or any site content; and
9.1.9 infringe any copyright, design right and intellectual property right in the merchandise.
10. Content
10.1 The intellectual property rights in all Content are owned, controlled or licensed by or to us. Except for the rights granted to you under clause 10.2, nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.
10.2 Subject to these terms and conditions, you may use the Content for your own personal purposes.
10.3 Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:
10.3.1 use the Content for any commercial or other non-personal purpose;
10.3.2 make any copies of the Content or transfer the Content to any other device or any other person; or
10.3.3 otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
10.4 You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this clause.
10.5 We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the content of advertisements appearing on our site rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our site.
11. User Generated Content
11.1 When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our site (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this clause 11.1 include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
11.2 You represent, warrant and covenant that:
11.2.1 you have the legal right and authority to grant the licence in clause 11.1 above;
11.2.2 you are the owner of the User Content and/or have all of the necessary rights, consents,
permissions and licences which are required for you to grant us the licence in clause 11.1 above;
11.2.3 by exercising the licence in clause 11.1 above, we shall not infringe the intellectual property rights or other rights of any third party;
11.2.4 to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in clause 11.1 above;
11.2.5 the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our site; and
11.2.6 at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
11.3 You shall be legally liable for the User Content and we shall not be responsible nor liable for any User Content under any circumstances, regardless of whether we had knowledge of the User Content.
11.4 Our site will only display User Content that are related to product quality or promotional offers. Those User Content about after sales or other services will not be displayed on the site. We reserve the right to edit or delete User Content which contain attacks on other users, slander, coarse language and profanity, or other unrelated topics.
12. Indemnity
You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
13. Linked Websites
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.
14. Termination
14.1 We may terminate your access to our site or registration immediately if you are in breach of any of these terms and conditions.
14.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
15. Intellectual Property
15.1 All intellectual property rights in the Content, User Content, design, text, graphics and other material on our site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited.
15.2 All trade marks, 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 trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
16. General
16.1 Where in these terms representations and warranties are made to us and to suppliers of merchandise through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you.
16.2 We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
16.3 We have made every effort to make clear whether the quoted prices for merchandise available through our site include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.
16.4 We take privacy issues seriously. Our privacy policy 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. You acknowledge and agree to be bound by the terms of our privacy policy.
16.5 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.
16.6 We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
16.7 If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
16.8 We may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.
16.9 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.
16.10 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.
16.11 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.
Terms and Conditions for Coupon Codes and Coupon
Promotion Codes, Coupon Codes and Coupons
1. Promotion codes, coupon codes and coupons offered by us shall only be applicable for one-off purchase at our site subject to special terms and conditions.
2. Promotion codes, coupon codes and coupons are neither refundable nor redeemable for cash. Any unused amount will be forfeited.
3. If your order is cancelled for whatever reason or is eligible for a refund, any promotion codes, coupon codes or coupons used in that order shall be forfeited without any refund or compensation.
We reserve the right to terminate or vary the above offers from time to time without providing any prior notification. In the event of any dispute, our decision shall be final and conclusive.
We reserve the right to terminate or vary the above offers from time to time without providing any prior notification. In the event of any dispute, our decision shall be final and conclusive.
17. Preferred Language
17.1 In the event of any inconsistency between the English and Chinese versions of these Terms of Use, the English version shall prevail.
These terms and conditions form the integral part of the General Terms and Conditions.
Last Updated: April 2022