Terms & Conditions

This Agreement sets forth in detail the terms and conditions governing your use of our services on Gourami’s official website (http://www.gourami.co). If in doubt, please feel free to contact us at any time (info@gourami.co).

 

The services available on Gourami’s official website (hereinafter the “Website”) are provided by Concord China Ltd. (hereinafter “Gourami”) and their respective affiliates. Please carefully read this Agreement before you register yourself as a user of the Website. By registering yourself as a user of the Website, you acknowledge that you have read, agreed with and accepted all the terms and conditions of this Agreement. We reserve the right to amend this Agreement at any time. If we make any change to this Agreement, we will release a notice on the Website and the contents of this Agreement will automatically become effective immediately after such release. If you have any questions, please contact our Customer Service Center (info@gourami.co) and if necessary, please ask to have your registered user name canceled.

 

I. USER REGISTRATION

II. TRANSACTIONS

III. CONTENT OF WEBSITE

IV. MESSAGES, COMMENTS, AND INFORMATION PROVIDED BY OTHER USERS

V. PRIVACY POLICY

VI INCORRECT, INACCURATE OR MISSING INFORMATION

VII. RIGHT TO ADJUST THE WEBSITE

VIII. WEBSITE SECURITY

IX. INTELLECTUAL PROPERTY STATEMENT

X. SERVICE TERMINATION

XI. LIMITATION OF LIABILITIES

XII. OTHERS

 

I. USER REGISTRATION

 

  1. Eligibility of Registration

    The registered users of the Website must be the natural persons that have the capacity to enter into a legally binding contract under applicable laws. If you are below 18 years of age, you can only use the Website with the supervision of your parent or guardian. Without limiting the foregoing, our services are not made available to the Website’s registered users whose registration eligibility is suspended temporarily or for an indefinite period. Please register yourself after carefully reading this Agreement and take good care of your account at Gourami’s official website (hereinafter the “Website Account”). You cannot transfer or sell your Website Account to any other person. In addition, the Website reserves the right to, in its own discretion, suspend or terminate your Website Account.

  2. Provision of Personal Data

    Registered users must provide the Website with true and effective personal data for the purpose of normal transactions. If your personal data changes, please update your data with the Website in a timely manner. Registered users agree to receive e-mails, SMS and mail from the Website or Website’s partner. The personal data submitted by registered users will be protected in accordance with our Privacy Policy.

  3. Account, Password and Security

    Once you become a registered user, you will receive a password and an account. You shall be solely responsible for the loss of your account and password arising as a result of your failure to take good care of them. Furthermore, each registered user shall be fully responsible for all the transactions and activities performed through its account. You may at any time modify your password or cancel the existing account and register a new account. If you find any unauthorized use of your account or any security vulnerability, please immediately inform the Website.

 

 

 

II. TRANSACTIONS

When buying goods on the Website, please pay attention to the following terms:

 

  1. All of your operations on the Website shall meet the requirements of all applicable HKSAR laws, regulations, ordinances and local laws.

  2. The Website tries to show the true colors of products, but does not guarantee that the colors displayed on your computer will be accurate.

  3. Prices and availability of goods are indicated on the Website. Courier charges will be settled with your order. Such information may be changed at any time without notice.

  4. None of the prices, statements and advertisements on the Website constitutes any offer. No contractual relationship exists between you and the Website before the Website accepts your order. When discovering any significant error or shortage of goods, the Website has the right to unilaterally revoke such information or terminate such transaction. The Website reserves the right to limit the quantities of goods ordered by each user. Such limitations may be specific for orders from the same account and the same delivery address. The Website reserves the right to limit or forbid orders which are judged by us as placed by distributors or wholesalers.

  5. The Website will email or call you informing you of any incident arising after confirming your order, e.g. price change, website error, etc., and you may determine whether or not to cancel your order.

  6. Placing any order on the Website means you take responsibility for the truth of all the information provided by you in your order. Placing an order means you agree to all the sales terms and conditions contained in the commodity description, provided that none of such terms and conditions breaches this Agreement or any law or regulation. You have the obligation to complete the transaction with the Website (excluding any transaction forbidden by law or this Agreement). If the order cannot be confirmed or delivered due to any error or incompleteness in the information provided by you, or if you refuse to complete any transaction with the Website without any due cause, the Website will reserve the right to refuse to deliver your order in question and any subsequent orders.

  7. For quality of goods, if any national or industrial standards exist, such standards shall be followed; if no national or industrial such standards exist, the enterprise standards of manufacturers shall be followed; if no enterprise standards are available, the user shall consult with the Website to determine the standards. If the quality fails to meet applicable standards, the user may request replacement or return of the goods.

  8. For details on replacement and return of goods, please refer to the policy under Customer Service.

  9. All items purchased from Gourami are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

 

 

III. CONTENT OF WEBSITE

  1. Unless specifically indicated, the Website and all the contents thereof, including text, pictures, logos, photos, videos, designs, etc., is owned, controlled or authorized by Fook Wah Kun Kee Knitting Factory Ltd. (hereinafter “FWKK Ltd.”). GOURAMI is the trademark of FWKK Ltd. and or its subsidiaries.

  2. The Website and the information on the Website are for personal not commercial purposes, and the content of the Website may be downloaded or copied by you for personal use only. None of the rights and interests in such content is transferred to you.

  3. The Website may contain links to some websites which are out of the control of Gourami and provided for the convenience of users. The Website takes no responsibility and makes no guarantee for links to such websites.

 

 

 

IV. MESSAGES, COMMENTS, AND INFORMATION PROVIDED BY OTHER USERS

Users are forbidden to vilify, insult, or slander others on the Website or attack other users or websites. The Website has the right to delete such messages and other messages and comments which are deemed by the Website as inappropriate.

 

 

 

V. PRIVACY POLICY

Please read our Privacy Policy to understand our practices. This policy also applies to your access to the Website.

 

 

 

VI. INCORRECT, INACCURATE OR MISSING INFORMATION

The Website’s information on descriptions of goods, prices, promotions and availability may occasionally be unintentionally incorrect, inaccurate or misleading. The Website reserves the right to correct such information at any time and change, update or cancel orders (including orders already placed by customers) without any prior notice.

 

 

 

VII. RIGHT TO ADJUST THE WEBSITE

No matter whether or not a notice is sent to you, the Website has the right to determine the following issues:

 

  1. Modify, suspend or discontinue the Website or any services, functions and sold commodities related thereto;

  2. Whether or not to charge the users of the Website for fees;

  3. Adjust or relieve any fees related to the Website;

  4. Provide opportunities to some or all users;

  5. You agree that we will not be responsible or liable to you or any other parties.

 

 

 

VIII. WEBSITE SECURITY

You agree that, without the express written consent of the Website, you will not for any purpose use any robot, spider, screen scraper software or any other means to automatically access the Website. In addition, you agree never to carry out the following operations:

 

  1. Carry out any action that, at the sole discretion of the Website, causes or may cause unreasonable or un-proportionate significant load on the Website;

  2. Without the prior express written consent of the Website, any copying, reproducing, modifying, deriving, distributing or publicly displaying any content of the Website (excluding your personal information) will be regarded as an infringement;

  3. Interfere or try to interfere with any normal work or activities of the Website;

  4. Use on the Website any content that may be regarded as forbidden or may be forbidden;

  5. Use any bad data on the Website, including data that may result in damage, modification, deletion, adverse effect, secret interception, unauthorized contact, or use any virus, troy, worm, timed bomb, cancelbot, Easter egg, spy software or any other computer program that may request any system, data or personal information.

 

 

 

IX. INTELLECTUAL PROPERTY STATEMENT

Any copyrights, patent rights, trademarks, commercial secrets and other ownerships and rights relating to the website services provided on the Website belong to the Website. Unless agreed by the Website, no individual or entity shall download, reproduce, transmit, edit or otherwise use any of such copyrights, patent rights, trademarks, commercial secrets and other ownerships and rights, failing which the individual or entity shall bear all the legal consequences. The Website owns all the data stored in the server of the Website. Gourami respects the intellectual properties of others. If you think we infringe on any of your intellectual property rights, please feel free to contact us.

 

 

 

X. SERVICE TERMINATION

  1. Each registered user of the Website may at any time suspend use of one or multiple services depending on the actual situation. The Website may suspend the availability of any service at any time without bearing any liability to any individual or third party. If any registered user disagrees with any service term or has any objection to any amendment to terms or is dissatisfied with the services provided by the Website, this user has the right to:

    • cease to use the Website services;

    • inform the Website to discontinue the service in respect of this registered user.

    Following termination of the registered user services, the registered user’s right to use the website services shall be terminated immediately. From then on, the registered user has no right to, nor does the Website have any obligation to, transmit any unprocessed information or uncompleted service to the registered user or third party.

  2. The registered user will be disqualified as a registered user if he or she:

    • violates the terms of registration;

    • provides false personal data;

    • does any act detrimental to the interests of the Website;

    • contravenes HKSAR laws, regulations or rules governing use of the Internet;

    • trades registered user account as a commodity, e.g. by means of sale, auction or otherwise;

    • exercises the rights of registered user in an inappropriate manner, such as lending or transferring registered user account to another registered user;

    • obtains registered user account by illicit means (such as stealing password, fraud, etc);

    • repeatedly or frequently use defamatory, insulting, slandering or other offensive words in reviews, messages or comments.

 

 

 

XI. LIMITATION OF LIABILITIES

The Website strives to ensure the normal operation of the Website and seeks to avoid service interruptions or minimize the interruption time on the Website. The Website will not be held responsible or liable if any force majeure event or any other factor beyond the control of the Website causes the Website to collapse or become unusable, making it impossible to complete transactions or resulting in the loss of data, records, etc., or if any user cannot normally use the Website or suffers any other loss as a result of the user providing the Website with incorrect, incomplete, or false information, etc.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GOURAMI ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GOURAMI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GOURAMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOURAMI DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, SERVERS, OR E-MAIL SENT FROM GOURAMI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOURAMI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

 

 

XII. OTHERS

The conclusion, performance, interpretation of this Agreement and settlement of any dispute hereunder shall be governed by the law of the HKSAR. During the performance of this Agreement, any dispute arising between the Website and any registered user thereof shall be solved through friendly negotiation between them. Any provision in this Agreement is an integral part hereof. If any provision herein is judged as invalid or unenforceable, this provision may be deleted without affecting the enforcement of any other provision herein. You agree that, after a merger or acquisition occurs, this Agreement and all the other agreements included herein may, at the sole discretion of the Website, be automatically transferred to a third party. All the captions herein are for reference only and do not in any way define, limit, interpret or describe the scope or extent under any caption.