1. INTERPRETATION

1.1 In these terms and conditions, unless the context otherwise requires, the following terms have the following meanings:

1.1.1 “Products” means grills and accessories supplied for sale by us to you;

1.1.2 “Website” means the website through which we sell the Products or the Services: kompacgrill.com; and

1.1.3 “you” means the customer purchasing Products, and “your” shall be interpreted accordingly.

2. APPLICATION OF THESE TERMS

2.1 These terms and conditions (the “Conditions“) apply to the sale Products and (where available) Services by us, whether through our Websites or by other means.

2.2 These Conditions together with an order or order confirmation accepted in accordance with clause 3 below (the “Contract“) constitutes the entire agreement between the parties relating to the purchase of Products and/or Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in the Contract.

2.3 Your privacy is also very important to us and these Conditions must be read in conjunction with our Privacy Policy

3. PLACING AN ORDER

3.1 We only supply Products for purchase by adults and we do not sell to children. If you are under 18, you may use our Website only with the involvement of a parent or guardian.

3.2 For Products purchased on our Websites, the following provisions apply:

3.2.1 The places we deliver to vary depending on the Product and will be displayed on the appropriate webpage.

3.2.2 The Products and the prices on the Websites are an invitation to place an Order only and do not constitute an offer by us to you to purchase the Products.

3.2.3 When you click the “Place Order” button on one of our Websites, the placing of such order will constitute an offer by you to purchase the Products subject to these Conditions. You should review the order and correct any incorrect details before pressing the “Confirm Order” button.

3.2.4 We may reject your order for any reasonable reason, for example, but not limited to, incorrect or incomplete information, a declined credit or debit card, or lack of availability. If we are unable to accept your order, we will notify you by email.

3.2.5 An online order shall only be accepted by us when you receive a confirmation email from us which, subject to the provisions of Condition 3.2.6, shall create a Contract. The date of the Contract shall be the date on which we issue the confirmation email.

3.2.6 Acceptance of your order is not a guarantee by us of the availability of the Products and all acceptances are conditional on availability of the Products. If the Products which you have ordered are not available, we shall inform you of this as soon as possible.

3.2.7 If you receive a confirmation email for an order which you did not place, or if the details in the confirmation email do not match the order which you placed or intended to place, you must contact our customer services department by sending an email to info@kompac.cn to cancel the order or correct the details.

4. APPEARANCE OF PRODUCTS

4.1 The images of the Products on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

4.2. Any samples, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.

5. PRICE AND PAYMENT 

5.1 We will require payment at the time of placing the order.

5.2 From our online stores, we only deliver to the US. If you wish to ship to a region outside of these areas, you can choose to use a freight forwarding service, however, please note that the Kompac Warranty is only applicable to our shipping regions, and we accept no liability for losses or damages in transit via freight forwarders

5.3 The following terms apply to all sales.

5.3.1 If you fail to make any payment due to us under the Contract by the due date for payment, then we reserve the right to charge interest on the overdue amount at the rate of 4% per annum above Bank of America’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.

5.3.2 You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.

5.3.3 Whilst we make every effort to ensure prices and information accessible via the Websites and are brochures or price lists are accurate, complete and up to date, we cannot guarantee this. We do reserve the right to correct any mistakes without liability to you. We will email you if the Contract is affected by a mistake and you will have the right to cancel the Contract. If you cancel you will receive a full refund of the price paid by you.

6. RISK AND OWNERSHIP

6.1 Ownership of the Products will pass to you on the date on which you pay for the Products.

6.2 Risk of damage to or loss of the Products shall pass to you at the following times:

6.2.1 If you purchase Products on our Website, risk will pass upon delivery to your address.

6.2.2 If you are a commercial customer and we have agreed an Incoterm with us for delivery under Incoterms 2010, then, unless otherwise agreed on the order confirmation, risk will pass at the time specified by the agreed Incoterm.

6.2.3 In all other cases, risk will pass when the Products leave our warehouse.

7. CANCELLATION AND RETURNS


7.1 You may cancel the contract by contacting our customer services department by email to info@kompac.cn.

7.2 We are able to accept returns only directly purchased through Kompac website.

7.3 Under our goodwill guarantee returns policy for consumers, we will extend the returns period for Products to 30 days from the date of receipt of the Products provided the Products are in their original, unused condition and returned in their original packaging and that the Products have not been specifically tailored to your specifications, or personalized, or the Products by their very nature cannot be returned or are liable to deteriorate.

8. DELIVERY

8.1 Delivery of the Products shall be made to the address that you provide in the order, or such other address that we may agree with you in writing.

8.1.1 Changes to the address must happen within 24 hours of placing your Order. Whilst every effort will be made to accommodate the address change request, we cannot guarantee that we will be able to make this change before the Product(s) ship. As a result, address change fees may apply.

8.1.2 We are unable to ship to military or navy addresses.

8.1.3 We only ship to the Contiguous United States.

8.1.4 A surcharge will apply for shipments to Hawaii or Alaska. Surcharges will be shown on the checkout page.

8.2 If you fail to take delivery of the Products:

8.2.1 delivery will be deemed to have taken place on the date for delivery;

8.2.3 risk in the Products will pass to you; or

8.2.4 we may (without prejudice to any of our other rights) dispose of the Products.

8.3 Failure to provide us with the correct delivery address may result in a re-direction charge of full price.

8.4 The time it takes for us to ship the Products depends on stock levels and will be specified to you at the time you place your order, or failing that, by email following our receipt of your order.

8.5 The time it takes to deliver the Products once they have been shipped depends on the delivery service we use, which depends on the type of Product and your location. Delivery timings will be shown on product page at time of purchase.
Please note that this may differ due to high demand - view the product page for most up to date information.

8.6 Since we use a third party delivery service, late delivery of Products is out of our control and will not be eligible for a refund on the ground of late delivery after they have left our warehouse.

9. WARRANTIES

9.1 For more information on our warranty, please see the warranty information page.

9.2 For more information on making a warranty claim, please see the warranty information page

10. LIMIT ON LIABILITY

10.1 If you are a consumer:

10.1.1 We will be responsible for any losses you suffer as a result of us breaching these Conditions if the losses were reasonably foreseeable to both you and us at the time the Contract for the relevant Products is made.

10.1.2 Save as stated in Conditions 13.3 and 13.4

10.1.2.1 We will not be liable for any indirect or consequential loss that is not reasonably foreseeable to both you and us when the Contract was made.

10.1.2.2 Our liability to you and your liability to us for breach of these Conditions will not exceed an amount equal to five times the price paid or payable by you for the Products ordered.

10.2 If you purchase from us for business purposes,

10.2.1 then Subject to clause, we will not be liable to you, whether in tort (including negligence), for breach of contract, breach of statutory duty or otherwise for:

10.2.1.1 any indirect or consequential loss; or for

10.2.1.2 any business loss (including loss of profits, contracts, income or revenue), anticipated savings, data, goodwill or wasted expenditure, whether direct or indirect.

10.2.2 Subject to clause 13.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products or the Services to which the claim relates.

10.2.3 If any items are missing from your order, or there are any other irregularities such as faulty or incorrect items, you must notify us as soon as possible in writing, and by no later than within 7 days of Product delivery in order for us to rectify the problem. Failure to notify us within this time frame may result in the inability to rectify this problem.

10.3 Whether you are a business or a consumer, nothing in these Conditions shall exclude or limit either party's liability to the other for

10.3.1 death or personal injury caused by negligence

10.3.2 fraud

10.3.3 breach of the terms implied by the Sale of Goods Act 1979;

10.3.4 defective products under the Consumer Protection Act 1987; or for

10.3.5 any other liability that cannot be lawfully excluded or restricted

10.4 Nothing in these Conditions affects your statutory rights as a consumer.

11 EVENTS OUTSIDE OUR CONTROL

11.1 We may cancel the Contract if an event outside our reasonable control makes it difficult to provide the Products in accordance with the Contract, and we shall not be in breach of these Conditions if we do cancel due to such an event. As soon as we become aware of the need to cancel the Contract we will contact you by email setting out our reasons for cancellation. You will receive a full refund of the price paid by you.

12 DATA PROTECTION

12.1 Any information that you provide to us pursuant to the Contract shall be processed in accordance with our Privacy Policy and applicable data protection legislation.

12.2 We also use cookies on our Website. For more information, please see our Cookies Policy

13 PROMOTIONAL OFFERS

13.1 From time to time we may offer promotional offers in respect of certain Products on our Website. These promotional offers will be subject to availability of the relevant Products and are not an indication of availability

13.2 Promotional offers offered by us shall be subject to these Conditions together with any applicable additional terms and conditions, rules and instructions. Where there is a conflict between these Conditions and any additional terms and conditions, rules and instructions, these Conditions shall apply.

14 GENERAL 

14.1 We may transfer the Contract to any person or ask any person to fulfil any aspect of it as long as the performance of the Contract is not affected.

14.2 An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.

14.3 If any of the numbered terms in these Conditions is found to be void or unenforceable, such invalidity or unenforceability shall not affect the remainder of these Conditions.

14.4 We reserve the right to make changes to these Conditions at any time.  Your Contract will be governed by the version of these Conditions in force at the time that you placed your Order.

14.5 Your order will be processed in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”). These Conditions and the Contract shall be governed by and construed in accordance with the laws of Hong Kong in the English language, and any court proceedings must take place in the courts of Hong Kong.