1. Application for Returns/Refunds
1.1 Subject to the
terms and conditions in this Refunds and Return Policy and the Terms of
Service, Buyer may apply for return of the purchased items (“Item”) and/or
refund prior to the expiry of the KwanShing
Limited Guarantee Period as
stated in the Terms of Service.
1.2 KwanShing Limited Guarantee is a service provided by KwanShing Limited , on User’s request, to assist Users
in dealing with certain conflicts which may arise during the course of a
transaction. Users may communicate with each other privately to resolve their
differences or approach their relevant local authorities to assist them in
overcoming any dispute prior, during or after using KwanShing Limited Guarantee.
2. Application for the
Return of an Item
2.1 Buyer may only
apply for the refund and/or return of the Item in the following circumstances:
The Item has not been
received by Buyer;
The Item was defective
and/or damaged on delivery;
The Item received is
incomplete (missing quantity or accessories);
Seller has delivered an
Item that does not match the agreed specification (e.g. wrong size, colour,
etc.) to Buyer;
The Item delivered to
Buyer is materially different from the description provided by Seller in the
listing of the Item;
The Item received is a
counterfeit item**;
The Item received has
physical damage (e.g. dented, scratched, shattered);
The Item received is
faulty (e.g. malfunction, does not work as intended);
By way of private
agreement with Seller and Seller must send his/her confirmation to KwanShing Limited confirming such agreement; or
Change of mind*
*Change of Mind return
policy is only applicable to certain categories and restricted to certain
Sellers only.
**Counterfeit item
return policy is applicable to KwanShing
Limited Mall sellers only.
2.2 Buyer’s application
must be submitted via the KwanShing
Limited mobile app.
2.3 KwanShing Limited will review each Buyer’s application on a
case-by-case basis and, in its sole discretion, determine whether Buyer’s
application is successful.
2.4 Please note that,
if required by KwanShing Limited , Buyer
must ship the Item to a location designated by KwanShing Limited within ten (10) calendar days after the return
request is raised.
2.5 The approval of
your request for refund and return will be made by KwanShing Limited in its sole discretion. Buyer
acknowledges and agrees that KwanShing
Limited ’s decision is final, conclusive and binding, and covenants and
agrees that it will not bring suit or otherwise assert any claim against KwanShing Limited or its affiliates in relation to such
decision.
2.6 In the event where
Buyer has commenced legal action against Seller, Buyer may provide the formal
notification from the appropriate authority to KwanShing Limited to request KwanShing Limited to continue to hold the purchase monies until
a formal determination is available. KwanShing
Limited will, at its sole and
absolute discretion, determine whether it is necessary to continue to hold such
purchase monies.
3. Rights of Preferred
Seller
3.1 If you are a
Preferred Seller, you should have received a separate written notification from
KwanShing Limited informing you of your selection to participate
in the KwanShing Limited Preferred Seller Program. If you decide
not to participate in the KwanShing
Limited Preferred Seller Program
at any time, please inform KwanShing
Limited in writing; otherwise,
you will be deemed to have elected to continue your participation in the KwanShing Limited Preferred Seller Program and consented to the
terms and conditions set out in this Refunds and Return Policy. KwanShing Limited may, at any time and at its sole discretion,
suspend or remove any Preferred Seller from the KwanShing Limited Preferred Seller Program.
3.2 KwanShing Limited ’s determination to approve a refund
or return of an Item pursuant to Section 2 above is binding on the relevant
Preferred Seller. Preferred Sellers agree to comply and do all such things as
necessary to give effect to a Buyer’s request for a refund or return approved
by KwanShing Limited .
3.3 For any refund or
return request approved by KwanShing
Limited , KwanShing Limited will notify the Preferred Seller by email
(“Email Notification”) and organize the delivery of the relevant returned Item
to the address provided by the relevant Preferred Seller to KwanShing Limited in writing for the completion of the refund
and return process, so long as such address is in the country in which the
relevant Item was listed for sale on the Site (a “Local Address”). If Preferred
Seller fails to provide a Local Address for return of the returned Item or
otherwise fails to accept delivery of the returned Item within a reasonable
period of time (as determined by KwanShing
Limited ), KwanShing Limited reserves the right to dispose of such Item in
any manner it sees fit and Preferred Seller shall be deemed to have forfeited
all rights to such Item. Preferred Seller must notify KwanShing Limited within seven (7) days of receiving the Email
Notification (“Notification Period”) if Preferred Seller does not receive the
returned Item. Failure to notify KwanShing
Limited within the Notification
Period shall be conclusive evidence of, and result in the Preferred Seller
having accepted that, the delivery of the Item has occurred, and Preferred
Seller agrees not to make any claims or raise any disputes regarding any such
Item.
3.4 Notwithstanding the
above, KwanShing Limited may determine at its sole and absolute
discretion that an Item approved for refund or return shall not be returned to
Preferred Seller, and Preferred Seller shall be deemed to have forfeited all
rights to such Item.
3.5 For any refund or
return rejected by KwanShing Limited where the relevant Item was received by KwanShing Limited , KwanShing Limited will organize the delivery of such Item to the
relevant Buyer’s address pursuant to Section 2 above.
3.6 Where KwanShing Limited approves any refund or return request,
Preferred Seller may appeal such decision by contacting KwanShing Limited and providing evidence in support of such
appeal. If KwanShing Limited upholds Preferred Seller’s appeal, it will
disburse all or part of the purchase monies to Preferred Seller.
Preferred Seller acknowledges and agrees that KwanShing Limited ’s decision is final, conclusive and
binding, and covenants and agrees that it will not bring suit or otherwise
assert any claim against KwanShing
Limited or its affiliates in
relation to such decision.
4. Rights of Ordinary
Sellers
4.1 For the purpose of
this Refund and Return Policy, Ordinary Sellers are Sellers that are not Mall
Sellers or Preferred Sellers.
4.2 When KwanShing Limited receives an application from Buyer for the
return of the Item and/or refund, KwanShing
Limited will notify Seller in
writing. Seller may respond to Buyer’s application according to the steps
provided by KwanShing Limited in the written notification. Seller must
respond within the time-frame stipulated in the written notification (the
“Stipulated Period”). Should KwanShing
Limited not hear from Seller
within the Stipulated Period, KwanShing
Limited will assume that Seller
has no response to Buyer’s application and will proceed to assess Buyer’s
application without further notice to Seller. KwanShing Limited will review each Seller’s response on a
case-by-case basis and, in its sole discretion, determine whether Buyer’s
application may be successful against the circumstances stated by Seller.
5. Condition of
Returning Item
5.1 To enjoy a
hassle-free experience when returning the Item, Buyer should ensure that the
Item, including any complimentary items such as accessories that come with the
Item, must be returned to Seller in the condition received by Buyer on
delivery. We will recommend Buyer to take a photo of the Item upon receipt.
6. Liability of Return
Shipping Fee
(a) In the scenario of
an unforeseen error from the seller's end (i.e. - damaged, faulty or wrong Item
delivered to the buyer), the seller will bear buyer's return shipping fee.
(b) In the scenario of
the buyer's change of mind, buyer shall get seller's consent prior to the
return request and buyer will bear the return shipping fee.
(c) In the scenario
where both seller-buyer disputing the party liable for the return shipping fee,
KwanShing Limited at its sole discretion will determine the
party liable for the return shipping fee.
7. Refunds
7.1 Buyer will only be
refunded after KwanShing Limited has received the confirmation from Seller that
Seller has received the returned Item. In the event where KwanShing Limited does not hear from Seller within a specified
time, KwanShing Limited will be at liberty to refund the applicable
sum to Buyer without further notice to Seller. The refund will be made to
Buyer’s credit/debit card or designated bank account, whichever is applicable.
8. Communication
Between Buyer and Seller
8.1 KwanShing Limited encourages Users to communicate with each other in the event where problem arises in a transaction. As KwanShing Limited is a platform for Users to conduct trading, Buyer should contact Seller directly for any issue relating to the Item purchased.