Terms of service

Effective date: 2026-11-01

1. Acceptance of These Terms

Welcome to Kongshan. These Terms of Service ("Terms") govern your use of kongshan.shop (the "Service"). By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, our Shipping Policy, and our Refund Policy. Together, these documents form the entire agreement between you and Kongshan.

If you do not agree with any part of these Terms, please do not use the Service. By continuing to use the Service, you confirm that you have read, understood, and accepted these Terms.

2. About Kongshan & Eligibility

About Kongshan. Kongshan (the "Service," "we," "us," or "our") is operated by 昆明山穹文化创意有限责任公司 (Kunming Shan Qiong Cultural and Creative Co., Ltd.), a company registered in the People's Republic of China and trading under the brand name Kongshan, with its registered address in Kunming, Yunnan 650000, China. We create and sell decorative home and lifestyle objects in the styles of southwest China through our online store, fulfilled globally by trusted production partners.

Eligibility. You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use this Service and to enter into a binding contract. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a contract with us.

Use on behalf of an organization. If you are using the Service on behalf of an organization (e.g., your employer), you represent that you have authority to bind that organization to these Terms, in which case "you" refers to that organization.

3. Account & Registration

Account creation is optional. You can place orders as a guest without creating an account. If you choose to create an account, you agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately if you suspect any unauthorized use

Account suspension or termination. We may suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms or pose a risk to Kongshan or other customers.

4. Products, Pricing & Orders

4.1 Product Origin Disclosure

Our pieces are created in the spirit of traditional decorative techniques from Yunnan, Miao, Dai, and other regions of southwest China. Each piece is designed and produced through carefully chosen production partners who share our commitment to quality. Kongshan is a retailer of decorative goods in these regional styles. We do not produce goods directly with the communities whose traditional techniques these pieces draw on, and our products are not represented as the work of any particular community. By purchasing from Kongshan you are buying an object — no portion of your purchase supports a community, workshop, or charitable programme, and no partnership or endorsement is implied.

4.2 Product Characteristics

Because each piece is crafted in the spirit of traditional decorative techniques, slight variations in color, size, pattern, weight, and texture are natural and expected. These variations are part of what makes each piece unique and are not considered defects.

Product images are as accurate as possible, but actual colors may vary depending on your screen settings, lighting conditions, and the natural variation in materials.

4.3 Pricing

All prices are displayed in USD and may vary by region due to local taxes, currency conversion, or shipping cost differences. Prices are subject to change without notice, but changes will not affect orders already accepted by us.

Unless explicitly stated, prices do not include:

  • Local sales tax, VAT, GST, or any consumption tax
  • Customs duties or import fees
  • Remote area surcharges

4.4 Order Acceptance

Your order is an offer to buy, which we may accept or decline at our sole discretion. We may refuse, cancel, or hold orders that:

  • Appear to be fraudulent or placed by a competitor
  • Are intended for resale
  • Contain pricing or typographical errors
  • Cannot be fulfilled due to stock issues
  • Are destined for addresses that do not match the billing address (without explanation)
  • Violate any of these Terms

If we cancel an order after payment, we will issue a full refund to your original payment method.

4.5 Quantity Limits

We reserve the right to limit quantities purchased per person, per household, or per order. This includes limiting orders placed under the same customer account, the same payment method, or delivered to the same address.

4.6 Dropshipping Disclosure

Kongshan is the seller of record for all products sold on kongshan.shop. To deliver your order, we work with a trusted third-party fulfillment partner based in Asia. They pick, pack, and ship your order on our behalf, following our quality standards and packaging guidelines.

Your contract of sale is directly with Kongshan, not with our fulfillment partner. We remain responsible for product quality, customer service, returns, refunds, and dispute resolution — even when our fulfillment partner handles the physical delivery.

4.7 Health & Safety (Earrings, Silver, and Allergen Disclosure)

By purchasing from Kongshan, you acknowledge and accept the following:

  • Earrings and metal jewelry may contain metal alloys (including copper, zinc, nickel) that can cause allergic reactions in sensitive individuals. By purchasing, you acknowledge this risk.
  • Silver items will naturally tarnish over time. Tarnishing is a property of silver and is not a defect.
  • Textile and fabric items may experience color bleeding on the first wash. Wash separately in cold water.
  • If you have known sensitivities or allergies, please contact us before purchasing.

Kongshan is not liable for allergic reactions or sensitivities that you did not disclose to us in advance.

5. Payment & Billing

Payment methods. We accept Visa, Mastercard, American Express, Discover, PayPal, Apple Pay, Google Pay, Shop Pay, and other payment methods made available at checkout through Shopify Payments.

Authorization. By placing an order, you authorize us (via Shopify Payments) to charge your selected payment method for the order total, including product price, applicable taxes, and shipping.

No surcharges. We do not charge any additional fee for using a credit card, debit card, or other payment method.

Sales tax. Where required by law, sales tax, VAT, GST, or other consumption taxes are collected at checkout and remitted to the relevant tax authority.

Currency conversion. If you place an order in a currency other than your local currency, your bank or payment provider may charge a currency conversion fee. Kongshan is not responsible for these fees.

Pricing errors. In the event of a clear pricing error, we reserve the right to cancel your order and notify you, even after we have sent an order confirmation.

6. Shipping & Delivery

Shipping Policy. All shipping terms — including delivery times, costs, tracking, customs duties, and lost package handling — are governed by our Shipping Policy, which forms part of these Terms.

Risk of loss. Title and risk of loss for products pass to you when the product is handed to the shipping carrier. Kongshan is not responsible for packages after they leave our fulfillment partner's warehouse.

Delivery estimates. All delivery times are estimates, not guarantees. Remote destinations, customs delays, weather events, carrier disruptions, and other factors beyond our control may cause delays.

Customs duties and import taxes. Your order may be subject to local import duties, taxes (including VAT, GST), and customs fees charged by your country's customs authority. These charges are not included in the price you pay to Kongshan and are your responsibility. By placing an international order, you agree to pay all applicable local charges.

7. Returns & Refunds

Refund Policy. All return, refund, and exchange terms are governed by our Refund Policy, which forms part of these Terms.

Final sale items. Due to hygiene and safety reasons, the following items are final sale and cannot be returned or exchanged unless defective:

  • Earrings and body jewelry
  • Items that have been worn, used, or altered
  • Items returned outside the return window

Customer-initiated returns. Customer is responsible for return shipping costs unless the return is due to our error.

8. Intellectual Property

8.1 Kongshan's IP

All content on kongshan.shop — including but not limited to text, graphics, logos, images, product photos, product descriptions, audio clips, video, data compilations, software, and the "Kongshan" name, logo, and trade dress — is the property of 昆明山穹文化创意有限责任公司 (Kunming Shan Qiong Cultural and Creative Co., Ltd.) (trading as Kongshan) or our licensors, and is protected by US and international copyright, trademark, and other intellectual property laws.

You may view, download, and print content from the Service for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from the Service without our prior written consent.

8.2 User-Generated Content

If you submit reviews, testimonials, photos, comments, or other content to Kongshan, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, and display such content in any media for marketing and promotional purposes, with or without attribution.

You represent and warrant that you own or have the necessary rights to submit such content, that it does not infringe any third party's intellectual property or other rights, and that it complies with these Terms.

We reserve the right (but not the obligation) to monitor, edit, or remove any user content at our sole discretion.

8.3 Prohibited Use of Our IP

You may not:

  • Use the "Kongshan" name, logo, or trade dress without our written permission
  • Register a domain name, social media handle, or trademark containing "Kongshan" or confusingly similar terms
  • Bid on "Kongshan" (or confusingly similar) keywords in search engine advertising
  • Use our product images or descriptions for your own commercial purposes

9. User Conduct & Prohibited Use

You agree not to use the Service to:

  • Violate any applicable local, state, national, or international law or regulation
  • Infringe upon the intellectual property, privacy, or other rights of any third party
  • Submit false, misleading, or fraudulent information
  • Impersonate Kongshan, our employees, or any other person or entity
  • Upload or transmit viruses, malware, or other harmful code
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks
  • Interfere with or disrupt the Service, our servers, or any networks connected to the Service
  • Use any robot, spider, scraper, or other automated means to access the Service or extract data
  • Bypass, circumvent, or attempt to circumvent any security or technical measures
  • Collect or harvest any personally identifiable information from the Service
  • Use the Service to send spam, chain letters, junk email, or any unsolicited communications
  • Use the Service for any commercial purpose other than your personal shopping
  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our written permission
  • Engage in fraudulent chargebacks, false claims, or abuse of our Refund Policy
  • Reverse engineer, decompile, or attempt to extract the source code of the Service

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including reporting such conduct to law enforcement authorities.

10. Third-Party Services & Links

The Service may contain links to or integrations with third-party websites, services, or resources (such as Shopify, payment processors, and social media platforms). These third-party services are provided for your convenience only.

We do not endorse, control, or guarantee the content, accuracy, or practices of any third-party services. Your use of any third-party service is at your own risk and subject to that service's own terms and privacy policy.

We are not responsible or liable for any loss or damage arising from your use of any third-party service.

11. Disclaimers

THE SERVICE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY (we do not warrant that product descriptions, images, or other content are accurate, complete, or error-free)
  • UNINTERRUPTED OR ERROR-FREE SERVICE (we do not warrant that the Service will be uninterrupted, secure, or virus-free)
  • RESULTS (we do not warrant any specific results from using the Service)

Some jurisdictions do not allow the exclusion of certain warranties, in which case the exclusions above may not apply to you, and you may have additional rights.

Products in these styles specifically: Due to the natural variations in materials and the partner-produced nature of our supply chain, we cannot guarantee that any product will exactly match its online description or images. Such variations are part of the character of the products and are not defects.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KONGSHAN, ITS OWNERS, EMPLOYEES, AGENTS, PARTNERS, SERVICE PROVIDERS, OR AFFILIATES BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, use, goodwill, or other intangible losses
  • Damages resulting from (a) your access to or use of (or inability to access or use) the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; or (d) unauthorized access, use, or alteration of your transmissions or content

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Aggregate liability cap. In any case, our total aggregate liability to you for all claims arising from or related to the Service shall not exceed the greater of (a) the amount you paid us for the product giving rise to the liability, or (b) USD $100.

Carve-outs. Nothing in these Terms shall limit or exclude liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot be excluded or limited under applicable law

Some jurisdictions do not allow the limitation of certain damages, in which case the limitations above may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Kongshan, its owners, employees, agents, partners, service providers, and affiliates from and against any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising from or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any law or the rights of any third party
  • Your fraud, willful misconduct, or gross negligence
  • Any content you submit to the Service (including user-generated content)

14. Term & Termination

Term. These Terms apply during your use of the Service and continue until terminated by either party.

Termination by you. You may stop using the Service at any time. If you have an account, you may request account deletion by emailing hello@kongshan.shop.

Termination by us. We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including:

  • Your violation of these Terms
  • Your fraudulent or illegal activity
  • A request by law enforcement or government authority
  • Unexpected technical or security issues
  • Discontinuation of the Service

Effect of termination. Upon termination:

  • Your right to use the Service ceases immediately
  • We may delete your account and data in accordance with our Privacy Policy
  • Sections that by their nature should survive (including IP, disclaimers, liability, indemnification, dispute resolution) will survive termination

15. Governing Law & Dispute Resolution

15.1 Governing Law

These Terms, and any dispute or claim arising out of or in connection with them, are governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2 Informal Resolution

Before filing any formal claim, you agree to contact us at hello@kongshan.shop with a description of your dispute and your contact information. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of your submission, you or Kongshan may pursue formal resolution as described below.

15.3 Binding Arbitration

Any unresolved dispute shall be resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under its HKIAC Administered Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator in Hong Kong. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. Neither you nor Kongshan may participate in any class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims.

Exceptions. Either party may bring a claim in small claims court (for claims within its jurisdiction) and may seek injunctive or other equitable relief in court to protect intellectual property.

15.4 Consumer Rights Carve-out (for EU, UK and Swiss consumers)

Nothing in this section shall deprive you of any rights you have as a consumer under the mandatory laws of your country of residence, including the right to bring proceedings in your local courts and to seek remedies under your local consumer protection law (e.g., EU Consumer Rights Directive 2011/83/EU, UK Consumer Rights Act 2015).

If you are a consumer in the European Economic Area, the United Kingdom, or Switzerland, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

15.5 Jurisdiction for EU/UK consumers (choosing court instead of arbitration)

If you are an EU/UK consumer and prefer not to use arbitration, you may bring proceedings in the courts of your country of residence, or in the courts of the People's Republic of China where Kongshan is based.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, and Refund Policy, constitute the entire agreement between you and Kongshan regarding the Service and supersede all prior or contemporaneous communications, representations, or agreements.

16.2 Modifications

We reserve the right to modify these Terms at any time. The "Last updated" date at the top reflects the most recent revision. For material changes, we will post a prominent notice on the Service at least 14 days before the change takes effect. Your continued use of the Service after the effective date of any change constitutes your acceptance of the updated Terms.

16.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.

16.4 Waiver

No waiver by Kongshan of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure of Kongshan to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without notice to you, including in connection with a merger, acquisition, or sale of assets.

16.6 Notices

We may provide notices to you by email to the address associated with your account, by posting on the Service, or by other reasonable means. Notices to Kongshan must be sent to hello@kongshan.shop.

16.7 No Third-Party Beneficiaries

Except as expressly stated in these Terms, these Terms do not create any third-party beneficiary rights. Any third party mentioned in these Terms (e.g., Shopify, our payment processors) is not a party to these Terms and has no right to enforce them.

16.8 Force Majeure

Kongshan shall not be liable for any delay or failure to perform any obligation under these Terms (excluding payment obligations) due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, labor disputes, utility failures, internet or telecommunications outages, or supply chain disruptions.

16.9 Contact

For any questions about these Terms, please contact us:

  • Email: hello@kongshan.shop
  • Mail: 昆明山穹文化创意有限责任公司 (Kunming Shan Qiong Cultural and Creative Co., Ltd.) (trading as Kongshan), Kunming, Yunnan 650000, China

Appendix: Version History

Version Date Changes
v1.0 2026-08-12 Initial Terms of Service published
v1.1 2026-08-12 Removed supplier name from Dropshipping Disclosure; replaced with generic third-party fulfillment partner language
v1.3 2026-11-01 Legal entity corrected to Kunming Shan Qiong Cultural and Creative Co., Ltd.; dispute resolution moved to HKIAC arbitration in Hong Kong with PRC governing law; unsupported production claims removed

These Terms are provided by Kongshan for the operation of this store.