HKMall Platform Terms and Conditions
HKMall provides a global cross-border eCommerce platform for merchants to open online stores (“eShop”). Merchants can list their products on the platform, and operate and sell them themselves, serve customers, and face directly to the market. Merchants must complete the registration process on the HK Mall ("Platform") interface. Only after successful registration, merchant open an eShop and use various services provided by the platform. When merchants wish to use any of the services provided by the platform, the platform would consider the merchants as agree to be bound by the following terms and conditions. Please read the relevant terms and conditions carefully.
1 Registration and cancellation
1.1 By registration, the merchant confirms and declares (and the platform has the right to rely on such confirmation and declaration) that is has the legal capacity and can establish a relationship in cooperation with the platform by entering into a legally binding agreement.
1.2 Merchants must ensure that the information provided is up-to-date, accurate, and complete, and meets the relevant requirements of the platform, and is responsible for all provided content. If the platform finds that the information is untrue, inaccurate, or incomplete, the platform has the right not to accept the registration. If the platform suffers any losses, the merchant will be held solely and fully liable for all costs, penalties, and all other legal responsibilities.
1.3 Once login into the registration interface, the Merchant is obligated to agree on the declaration shown on the interface, undertaking all goods provided on the platform are adhered to respective compliance, license requirements, and have all the necessary permits, legal rights in the good’s possession , operation and sales. The Merchant should also assume full responsibility over the compliance matters of their goods. It is mandatory to agree on the declaration form before the platform system would allow the Merchant to carry on the next stage of setting up the eShop.
1.4 The platform will review and decide on the merchant registration and has the absolute right to render whether the registration can be successful. In case of refusal, no explanation would be provided.
1.5 The platform will issue written notice to merchants upon successful registration. Merchants can only commence the eShop and use the various platform services only after receiving such notice.
1.6 The platform has the absolute right to unilaterally cancel any eShop of any merchant that has been successfully registered, opened and operated at any time without prior consent from the merchant and without prior notice, not having the need for explanation. If any successfully commenced and operating eShops being found with improper management or operation, the platform has the right to account the merchant for further potential liabilities.
2 Product policies
2.1 Merchants are held solely and fully responsible for the quality, legality and compliance of products listed on the eShops. Merchants must provide the platform with licenses, permits and other supporting documents (if any) related to the products listed on the eShops for the platform’s record.
2.2 The platform is always a supporter for merchants selling genuine products,
2.2.1 If merchant are being complained by customers on any abnormality regarding the products on the eShops, the platform will unconditionally support the customers and will take measures including but not limited to the following:
(1) Recovering the amount paid from the platform to the merchant, and subsequently refund to the customers
(2) Retain the 3% platform service charge, that the merchants are obliged to pay the platform
2.2.2 Additional penalties
(1) If any product is confirmed to be a counterfeit or of unsaleable quality by the platform, a penalty amount equivalent to 100% of the selling price of the product will be used to be charged from the merchant, furthermore the platform reserves the right to further recover from the merchant .
3. Immediate shipping upon purchase policy
3.1 The platform supports merchants to arrange shipping of the purchased products on the same day upon the receipt of the respective purchasing orders, with T+1 as the target. If the merchant delays delivery, the platform will also process the order according to the original procedures and time.
3.2 All costs, losses, compensation, expenses or any other legal liabilities arising from delayed delivery will be borne solely by the merchant.
3.3 Merchants can store their product inventory in the HK Mall warehouse. If necessary, further negotiations and respective agreements will be signed between the parties.
4 Cross border logistics to Mainland China
4.1 Merchants must provide the cross-border delivery note number to the platform as supporting that the products are sent from Hong Kong.
4.2 If the products are found not sent from Hong Kong or are shipped using unauthorized means, the following would apply,
4.2.1 Within a calendar month, if found from 1 to 10 orders which are not shipped from Hong Kong, the platform will deduct the payment of the order and the purchase will be refunded. The platform will not process the orders until the merchant re-ships the goods from Hong Kong to the final customer in the mainland. Till then, the platform shall process the settlement.
4.2.2 Within a calendar month, if found from 11 to 20 orders which are not shipped from Hong Kong, the platform will deduct the payment of the order and the purchase will be refunded. The platform will not process the orders until the merchant re-ships the goods from Hong Kong to the final customer in the mainland. The platform shall pose extra penalty depending on the situation of such violation. The amount shall be determined solely by the platform.
4.2.3 Within a calendar month, if found more than 20 orders which are not shipped from Hong Kong, the platform will deduct the payment of the order and the purchase will be refunded. The platform will not process the orders until the merchant re-ships the goods from Hong Kong to the final customer in the mainland. The platform shall pose higher extra penalty depending on the situation of such violation. The amount shall be determined solely by the platform.
5. Joint offers
The platform and merchants would jointly provide discounts to customers. The platform mainly subsidizes 0.5% of the sales revenue of the eShop and would provide points to customers; at the same time, merchants also need to provide the same proportion of points to customers.
6. Data
6.1 All customer data generated by merchants for the registered and operating eShops are exclusively owned by the platform. Merchants should not use such customer data for purposes other than those that had obtained the platform’s prior written consent, or using such customer data, the platform in all or part of its services for any illegal purposes. If the platform discovers such situation, the platform will immediately terminate the merchant's eShop and reserves the right to pursue further actions.
6.2 All sales data generated by merchants for the registered and operating eShops are exclusively owned by the platform. However the platform specifically authorises merchants to use such sales data for logistics arrangements, reconciliation, and merchant accounting settlement purposes. If merchants have the need to use such sales data for other purposes, the merchants must obtain the platform’s prior written approval. If t he platform discovers the unauthorized use or improper use of such sales data, it will immediately terminate the merchant's eShop and reserves the right to pursue further actions.
6.3 Merchants must strictly keep all data obtained during the operation of the eShop and authorized usages as agreed by the platform confidential. Merchants have the obligation to prevent such data from being leaked to anyone, excluding as required by the law or with the platform’s prior written consent.
6.4 Merchants declare and confirm that if the disclosure of such data without the written consent of the platform results in jeopardizing the platform’s interests, the merchant will be solely responsible for all losses, compensation, expenses or any other legal liability.
6.5 Merchants are not allowed to copy and/or record such data without the platform’s prior written authorization, and must return all data obtained to the platform when eShop is terminated.
6.6 Merchants must abide by the rule that data confidentiality obligations will remain valid for two years after eShop terminates.
7. Intellectual Property
7.1 All intellectual property rights with regards to the contents in the platform are exclusively owned, controlled by the platform or have been licensed to the platform. These terms and conditions do not give the Merchant any rights, claims or interests in the intellectual property rights of the platform. Any unauthorized usage on such intellectual property rights without the prior written approval of the Platform is strictly prohibited.
7.2 All trademarks, product names and company names or logos on the platform are the intellectual property assets of the platform or have been authorized by their respective owners solely for the platform’s usage. Merchants shall not make any claims or assertions regarding such intellectual property assets.
7.3 The merchant agrees that the advertiser shall bear full responsibility for any advertising content displayed on the platform. The placement of relevant advertisements does not constitute a recommendation or endorsement by the platform with regards to the merchant’s or the advertiser's products or services, and each advertiser is solely responsible for any representations made in its respective advertisements. The platform does not bear any responsibility for the losses caused by merchants or customers relying on the advertisements as displayed on the platform.
8. Indemnity
Merchants hereby acknowledge and agree to indemnify the platform and its affiliates against any claims, losses, expenses, or other legal liabilities incurred by the platform, platform related parties and the respective directors, employees, and other partners ("Platform Related Parties") due to violation of these terms and conditions, to safeguard the interests of the platform related parties. Platform related parties should be rendered free from harm and held not liable.
9 Disclaimer and Limitation of Liability
9.1 The platform shall not state or guarantee that the services and the service contents provided by the platform (including but not limited to service hours, users, usage methods, usage restrictions) will not be interrupted when using the platform services or any part thereof, and/or free from disruptions.
9.2 The platform shall not state or guarantee that such network risks when using any part of platform services are predictable and controllable.
9.3 The platform will not guarantee to merchants or any third parties that the information content on the platform being accurate, complete, or reliable.
9.4 The merchant shall be solely and fully responsible for all relevant risks in relations to items 9.1 to 9.3 above and any resulting losses, compensation, expenses or other legal liabilities.
9.5 To the extent permitted by the law, the platform will not assume any form of liability to merchants due to the following reasons:
9.5 .1 Any technical, factual, textual or typographical inaccuracies, errors or omissions on the Platform;
9.5.2 Failure to provide all or part of the platform services, including delay in provision of such services;
9.5.3 Cyber risk factors
9.5.4 Any misrepresentations about the platform
9.6 Except as required by the law:
9.6.1 The platform will not be responsible to the merchant for any indirect or consequential losses, damages or expenses, including loss of profits, loss or damage of any data, network or system, loss of business, reputation or goodwill;
9.6.2 The platform will not pay any parties any money in the form of compensation unless otherwise stipulated in these terms and conditions.
9.7 To the extent permitted by the law, the total liability (if any) arising from these terms and conditions or other services of the platform shall not exceed the amount of fees charged by the merchant that the platform has paid in the twelve (12) months prior to the event giving rise to such liability;
9.8 The merchant irrevocably agrees that these restrictions are reasonable and will accept and abide by them;
9.9 The above exclusion shall not affect any statutory rights which cannot be excluded;
9.1 The above exclusions or limitations shall be construed as independent and severable provisions in these terms and conditions.
10. Termination
10.1 If the platform finds that a merchant violates any terms and conditions, the platform has the right to immediately terminate the cooperative relationship with the merchant and will also take corresponding measures, including but not limited to stopping the merchant from accessing the platform's online store or revoking the registration.
10.2 If a merchant intends to terminate the use of the platform, he must provide the platform with at least one month prior written notice.
11 Amendments to contents
The platform has the right to amend and modify the service content and these terms and conditions provided by the platform anytime at the platform’s sole discretion, without the need for prior notice, with immediate effect. If there are any changes to these terms and conditions, such changes will be announced in due course. If merchant continue to use the platform after any relevant changes, this would automatically being regarded as the merchant agrees to be bound by the revised terms and conditions. Such right would also include the right to change any document forming part of these terms and conditions.
12 Non-exclusive
The platform and merchant do not have an exclusive partnership. The platform has the right to establish any cooperative relationship of the same nature with any other third parties at the same time alongside with the existing relationships. The merchant does not have the right for objections.
13. Transfer
13.1 The platform may assign these terms and conditions or appoint any third parties, including related companies of the group, to provide services to merchants on its behalf and/or to perform any of the platform's responsibilities set out in these terms and conditions.
13.2 The merchant shall not transfer or assign all or part of the merchant's rights and obligations stipulated in these terms and conditions, unless prior written consent and approval from the platform is obtained, otherwise would be considered as breach and fail to perform.
14 Governing Law and Dispute Resolution
These terms and conditions are regulated and interpreted in accordance with the laws of the Hong Kong Special Administrative Region. In case of dispute, both parties agree that it will be resolved through negotiation. If the negotiation fails, the merchant irrevocably agrees to render to the courts of Hong Kong Special Administrative Region and shall be subject to and to be bound by its exclusive jurisdiction.
15 General Provisions
15.1 The platform’s existing privacy policy covers the platform’s use of any information provided by merchants. If a merchant applies for registration and intends to open an eShop on the platform, the merchant is assumed consent that the platform can collect, store and use information about the merchant in accordance with the existing privacy policy, including but not limited to personal data and commercially sensitive information. The merchant acknowledges and agrees to be bound by the terms of these privacy policies.
15.2 The platform will not be responsible to the merchant for any violation of these terms and conditions of use, nor will it be liable for any failure to provide or delay in providing services due to any events or circumstances beyond the reasonable control of the platform.
15.3 If any provision of these terms and conditions are deemed to be invalid or unenforceable by a court of competent jurisdiction, it will not affect the validity or effect of any other provision. In case that the invalid provisions shall be deemed to be inconsistent with these terms and conditions, such provisions should be considered to be severed from the other terms and conditions.
15.4 The platform has the sole and final decision on the interpretation of these terms and conditions.
Updated: 2025-04-15.