TERMS & CONDITIONS
The following clauses are drawn up according to industry practices. If there is any discrepancy between the Chinese and English versions, the Chinese version shall prevail.
1. Acceptance of Terms and Conditions
1.1 The legal document you are reading is an agreement between our company and you (referred to as ""you"", ""your"", ""customer"" or “user” in this article). The company is Helmet King (Motoblog., Ltd.) and is the owner of this website (referred to as ""Helmet King"", ""the company"", “we” or ""us"" in this article).
1.2 Please read this agreement carefully. Browsing, accessing or using this website, using any facilities or enjoying any service through this website, and trading through this website are deemed to be your agreement to all the following terms and conditions (herein referred to as the ""agreement""). This agreement is signed between you and our company.
1.3 The company reserves the right to change the following terms and conditions at any time without notice. In case of any dispute, the company's decision will be final and conclusive. You are obliged to read these terms and conditions each time you place an order. Changes to these terms and conditions will be announced online. If you do not wish to be bound by the new terms and conditions, you can terminate this agreement by notifying the company in writing (you can email info@helmetking.com or sending a letter to the company) but continue to enjoy the service or use the website or coupons will be deemed to continue to accept the new terms and conditions.
2. Accounts and Passwords
2.1 Why to register: You can usually use some functions of the website or enjoy most of the services without registering. But to make a purchase from this website, you must first register. The reason is to facilitate the company to quickly print your order, view your purchase history and modify your preferences. We reserve the right to refuse registration or cancel existing registrations at any time.
2.2 How to register: To register, you need to provide us with your name, email address, payment details and possibly some other personal information. Please refer to our Privacy Policy for more details.
2.3 Password: You must keep your account password properly. If any authorized third party knows your password, makes unauthorized use of your e-mail address, or violates relevant security regulations, please notify the company immediately if you know it. You agree that the disclosure of your username or password to any authorized person will act as your agent for enjoying the service, using the website and/or conducting transactions through the service and the website. Please note that you will be fully responsible for all actions caused by improper password storage.
3. User privacy
3.1 Helmet King is committed to protecting your personal privacy. The company only uses the collected information for legal purposes. The company’s privacy policy covers the use of any information provided by the customer and the use of the company’s services, which means that the customer agrees to the company’s collection, storage and use of the customer’s information in accordance with the privacy policy and is bound by the privacy policy. Please refer to our Privacy Policy for more details. This Privacy Policy is incorporated into this agreement and is regarded as an integral part of this agreement.
3.2 The company does not guarantee the confidentiality of any personal or other information and data transmitted through Helmet King (and accepts no responsibility for this). The company’s current practice is to take reasonable measures to maintain confidentiality.
4. User Management
The user agrees that all activities on this site follow Hong Kong laws, regulations and rules, and strictly abide by the following terms:
4.1 Do not use this site to engage in illegal activities,
4.2 Do not interfere with network services and abide by the relevant practices of network services,
4.3 Do not send or receive any threatening or severely offensive content with unhealthy, obscene or coercive symbols, send or receive content that is profane or defamatory to any individual, send or receive contempt of court or infringement of confidentiality, copyright, or personality rights, publication or privacy rights or any other third-party rights.
4.4 Do not publish comments, advertisements and meaningless texts that involve malicious competition. If the user has the above behavior, this site has the right to independently determine and make the suspension of the user's account and mask inappropriate remarks. If a user posts a remark that violates the law on this site, the system records of this site can be used as evidence that the user violates the law;
4.5 Send or receive any content that can cause technical harm (including computer viruses, logic bombs, Trojan horse programs, worms, harmful components, damaged data or other malicious software or harmful data).
5. Commodities
In addition to the price listed on the product page of the website, there may be discounts according to arrangements such as promotional activities and membership levels. The price of the product purchased by the user is subject to the final price of the payment interface, and the user has been fully understood and recognized the price of the products before payment. If the goods ordered by the user are out of stock, the user has the right to cancel the order. The company can also cancel the order in whole or in part and return the prepaid money (without interest) by the user. The company is not responsible for the legal obligations and responsibilities from the failure to complete the transaction due to product shortage.
6. Limitation of Liability
6.1 If the website system crashes or cannot be used normally due to accidents, third-party reasons, or reasons beyond the reasonable control of the company, the company will not be responsible for the failure of online transactions or the loss of relevant information, records, etc.
6.2 All product-related risks are the responsibility of the customer, the factory or the manufacturer. The company as a retailer will not bear the liability of (including but not limited to) accidental casualties and losses caused by improper use of the product and product damage.
6.3 We will make every effort to ensure that the price, information and size of the goods listed on the online store are correct. Once errors or omissions occur, the company will take reasonable measures to correct them as soon as possible. We reserve the right to change the price of the goods without prior notice. We can decide whether to accept all orders based on the inventory supply. If due to any unforeseen reasons, including computer system virus infection, defects, tampering, unauthorized interference, fraud, technical failure, human omission or any other reason beyond the control of Helmet King, Helmet King reserves absolute rights to take any feasible action including event or order cancellation. However, the company does not promise that the service or website is free of any defects (and errors). If you find any errors or omissions, please inform us via email info@helmetking.com or online customer service.
6.4 The company does not promise that your enjoyment of the service or the use of the website will not be interfered with, nor does it promise that any information (or messages) transmitted through the service or website will be accurately, reliably and timely.
6.5 The company does not promise that the service or website will not carry viruses or other content that may adversely affect any technology.
6.6 The company reserves the right to change, revise, replace, suspend or delete information or offers on the website or as part of the service from time to time without prior notice. In order to repair, maintain or introduce new facilities or services, your use of the website and/or services may be restricted from time to time. The company will resume the above use as soon as possible. The company is not responsible for functions that rely on browsers or other third-party software (including but not limited to the RSS interface) to operate. For the avoidance of doubt, the company may withdraw any information or offers from the website or service at any time.
6.7 We may have service providers hosted in our Websites which are operated by third party merchants. If you want to use, order or receive any services and/or products from any of them, please note that any personally identifiable information you provide, once transferred to the relevant merchant, is beyond our control and thus outside the scope of protection afforded by us.
6.8 We may contain materials produced by third parties or links to other websites. Helmet King accept no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to helmetking.com) which are not under Helmet King direct control. Helmet King reserves the right to require the removal of any link from another website to helmetking.com which is installed without obtaining the prior written consent of Helmet King.
6.9 Helmet King accept no responsibility or liability in respect of import restriction of non-local orders. Responsibility or liability in respect of import restriction of non-local orders should be borne solely by the customer. Helmet King reserves the right to claim any damages from import restriction orders.
7. Intellectual Property Rights
7.1 The user acknowledges that all the intellectual property rights of the software and technology used in the service are reserved by Helmet King or its legal owner, and the user shall not allow any direct or indirect behavior to damage the rights and interests of the legal owner. Users are not allowed to use or copy any trademarks related to the service in any way (without the prior written consent of Helmet King).
7.2 The user hereby promises and agrees:
(a) Helmet King is the legal owner of the trademark and all its derivatives.
(b) Will not use the trademark and any derivatives or other similar names or trademarks.
(c) All rights, benefits and goodwill brought by trademarks, or any derivatives thereof, belong exclusively to Helmet King, and
(d) Will not register domain names similar to trademarks and any derivatives thereof, or use any similar names including any visual or homophones or other derivative names.
7.3 Helmet King does not make a statement or guarantee that the use of its services by users will not constitute any infringement or abuse under the intellectual property law.
7.4 The user agrees to bear all risks arising from the use of this service. In spite of anything to the contrary, Helmet King does not make any guarantee that the service, software or any information on the Internet is free of any computer viruses, and Helmet King shall not bear any responsibilities or legal liabilities related to the above.
7.5 The user agrees to be bound by the license agreement related to computer software or technology. Helmet King may ask users to agree to and implement the service from time to time, otherwise, Helmet King has the right to stop or suspend the service on its own.
7.6 The user hereby grants Helmet King, its related companies and Helmet King’s agents and subcontractors, a permanent, irrevocable, global, non-exclusive, free, royalty-free, and then franchise and transfer Permission to use, process, display, reproduce, store, publish, disseminate, communicate, adapt, translate, modify, operate and/or use any part of the user content for any purpose in any other way.
8. Legal jurisdiction and application
8.1 These terms of use and any disputes or matters arising from or incidental to the use of its services and or this website shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China, unless otherwise stated.
8.2 Force majeure: For the liability caused by the violation of the obligations stipulated in this agreement, if the company’s inability to perform the relevant obligations is caused by matters beyond the company’s ability, including fire, rainstorm, flood, casualties, accidents, natural disasters, any laws, orders, declarations, regulations, requirements or regulations of the Hong Kong Special Administrative Region government or any of its agencies, strikes, labor disputes, labor shortages or shortages of skilled workers, shortages of products or raw materials or lack of supply, delays in transportation, or any other, the company will not be responsible for reasons outside the reasonable control range (whether similar to the aforementioned reasons or not).
8.3 Severability: If any provision of these terms and conditions is ruled as illegal, invalid or unenforceable by a court having jurisdiction, those provisions will be deemed to have been divided, but the remaining provisions should still be effective.
9. Pre-order products
9.1 If necessary, customers may have to pay a deposit first. Except for the designated purchase of goods, the deposit cannot be transferred to the purchase of other goods or models. If the deposit is used to reserve goods, and the customer fails to complete the purchase transaction within 30 days from the deposit payment date for any reason, the deposit will be forfeited to compensate the company's losses. If the specified purchased goods are out of stock for more than 30 days, the company will refund the deposit to the customer without interest. Otherwise, the deposit paid will not be refunded.
9.2 The customer must pay the full payment for the purchase and delivery of the goods before the company delivers the goods. otherwise, the company has the right to cancel the delivery.
9.3 If the non-factory delivery date is delayed, the order cannot be cancelled once the payment is confirmed. If the company fails to deliver the goods on time due to the factory's delay in delivery, the customer can apply for a full refund, which will generally be refunded according to the payment method (the time will be longer during peak seasons and large-scale promotional periods).
9.4 If you are connected to any third-party payment platform, any damage or loss caused by or caused by the customer or the third party shall be borne by the customer or the third party. We are not responsible for the content or services provided by the platform. Before confirming the order, please carefully read the terms and conditions and privacy policies of these third-party payment platforms. If the customer clicks to submit an order or pay, it is deemed to agree to abide by the aforementioned terms and conditions and privacy policy.
10. Delivery
10.1 Helmet King shall not be liable for any loss or damage (including but not limited to loss of profits, income, interest and future business) in connection with the delivery of goods, whether such loss or damage is special or indirect, whether Helmet King knows of the risk of such loss or damage before or after the goods are accepted for delivery. All delivery dates and times are estimated only and Helmet King will endeavour to dispatch the goods as soon as possible but will not be liable for any loss or damage arising from any delay or non-delivery. If the customer considers that the provisions of these terms and conditions relating to indemnity will not adequately compensate him/her for loss, he/she should take out his/her own insurance.
10.2 The company will deliver the products to the delivery address provided by the customer through the company’s staff or a third-party courier company. When the product is delivered to the delivery address provided by the customer, the customer must receive the product in person (except for the case where the customer has given special instructions to place the goods outside the door or the lobby management office, but the customer must bear the risk of losing the delivered product under any circumstances). If the customer fails to receive the product for any reason, the customer agrees and accepts that the company has the right to choose to charge an additional fee or cancel the order.
10.3 Customers who choose a store to pick up the goods must pick up the goods within 15 days after receiving the notification. Due to the limited warehouse area of the branch, the company needs to transfer back to the warehouse for overdue orders. The company reserves the right to charge additional administrative fees and storage fees to customers. If the goods are not picked up for more than 60 days after the notification, the company will confiscate the goods for payment of storage fees. In addition, once the order is confirmed, the style or color of the product cannot be changed, nor can the pick-up branch be changed. When the customer picks it up, the staff may request further information from the customer to verify the identity, such as full name or the credit card that the customer placed the order. If it cannot be verified, the staff has the right to refuse delivering the goods so as to protect the interests of customers.
11. Warranty
11.1 The warranty terms shown on website or invoice are for quick reference only. Details of the warranty refer to the official information of the manufacturers or distributors. Helmet King strive to warranty accuracy but shall not be liable for any loss incurred or suffered by misrepresentation of warranty terms.
12. Compensation
12.1 Any claim, litigation or request, including but not limited to reasonable legal and accounting expenses, caused by the customer’s use or alleged use of this website, the content of this website or violation of this agreement are responsible by the customer. The customer agrees to defend on behalf of the company, compensate and protect the entire company from damage.
13. General
13.1 The company reserves the right to deny users access to the company's website or any part of it at its sole discretion without notice, and to refuse to provide the company's services to any user who violates these terms and conditions.
13.2 Without our written consent, the customer may not transfer or otherwise deal with all or part of the customer's rights and obligations stipulated in these terms and conditions.
13.3 Browsing and/or use of this website is governed by the laws of the Hong Kong Special Administrative Region; and for any disputes caused by the customer's browsing and/or use of this website, the customer agrees to be subject to the non-exclusive jurisdiction of Hong Kong Special Administrative Region.
14. Helmet King Points Terms and Conditions
14.1 By shopping through the Helmet King website, customers may be eligible to earn Helmet King points (the net payment for each order). Net payment refers to the amount after deducting all offers or discounts.
14.2 Helmet King points are applicable to any products ordered through the Helmet King website.
14.3 Helmet King points are valid for one year and calculated from the member's last purchase date.
14.4 Helmet King points are not transferable and cannot be exchanged for cash.
14.5 Helmet King points are not applicable to payment of delivery costs.
14.6 When the user account is deleted, the accumulated Helmet King points will be cancelled.
15. Terms and Conditions of Promotional Code, Coupon Code and Coupon
15.1 The promotional codes, discount codes and coupons provided by the company are only applicable to one-time purchases through the Helmet King website and are subject to terms and conditions.
15.2 Promotional codes, discount codes and coupons are neither refundable nor exchangeable for cash, and the remaining unused amount will be forfeited.
15.3 If the customer's order is cancelled for any reason or is eligible for a refund, the promotional code, coupon code or coupon used in the order will be invalid, and the company does not need to refund or make any compensation on it.
16. Cross-border Delivery Service
By using Helmet King’s cross-border delivery service, you agree that the following terms and conditions apply.
16.1 Right of Inspection
Customers agree that any government department has the right to open and inspect shipments without prior notice at any time. Helmet King shall not be responsible for any loss caused by any delay due to such inspection.
16.2 Transport and Routing
The Customer acknowledges and agrees to all routings and diversions, including the possibility of deliveries via intermediate stops.
16.3 Customs Clearance
The Customer appoints Helmet King as the sole agent for customs clearance and delivery of goods through customs. Helmet King may complete itself or entrust the delivery to the recipient's customs broker or other address either on its own or to a third party or at the request of a person that Helmet King reasonably believes to be authorized.
Helmet King will assist the customer with customs clearance and other formalities, such assistance will be at the customer's own risk and expense.
If additional information or documents are required by the customs authorities to confirm the reason for the export/import declaration, including but not limited to: identity documents, address, etc., it is the responsibility of the customer to provide them in a timely manner and at his own expense. In the event of failure to clear the goods due to delayed or incomplete provision of information by the customer, the customer shall be responsible for the relevant liability.
16.4 Shipping, Tariff and Other Charges
Helmet King's shipping charges will be calculated according to the higher the actual weight or volumetric weight of the goods and Helmet King may re-weigh and re-measure any shipment to confirm its calculation.
The customer is always primarily responsible for all charges and, regardless of payment by the recipient or a third party, the customer shall pay to Helmet King all freight, tariff (customs duties) and other charges payable by the recipient or third party but not yet paid.
16.5 Return and Exchange Policy
Except for the replacement guarantee conditions mentioned above, all sold goods are non-refundable.
Except for special circumstances, refunds are returned in the form of points, and the returned points are subject to the amount actually paid when the customer places the order.
The product is subject to price volatility, and the selling price is subject to the moment the order is issued, and the difference cannot be refunded if there are price adjustments or promotions afterwards.
16.6 Limitation of liability for cross-border delivery services
All product-related risks are the responsibility of the customer, the factory or the manufacturer. The company as a retailer will not bear the liability of (including but not limited to) accidental casualties and losses caused by improper use of the product and product damage.