Bark Claims Process Terms and Conditions

By making a claim for compensation for property damage or personal injury under the Bark Claims Process, you agree to the following Terms and Conditions. Please read them carefully.

  • 1.
    As a convenience to you (our customers), Barkmall offers a quick and efficient process for attempting to resolve requests for compensation for personal injury and property damage caused by defective products purchased through Barkmall.com (the “Bark Claims Process” or “Process”). The Process is not insurance or a warranty, and it does not replace any applicable insurance or warranty that may be available to you. The Process does not guarantee payment of any amount, and Barkmall reserves the right to reject any request made through this process. By offering this Process, we are not waiving any other rights or assuming any other obligations than those expressly stated in these terms.
  • 2.
    The Bark Claims Process applies only to physical products you have purchased through Barkmall.com, regardless of who sells those products. It does not cover digital items, payments for services, stored value instruments, or products sold through other stores by parties who might otherwise be affiliated with Barkmall.
  • 3.
    Any offers of compensation made through the Bark Claims Process will be limited to (a) the purchase price of the product; and (b) compensation of up to HKD $10,000 for medical expenses and property damage proximately caused by a defective product. Barkmall will not offer to compensate you for non-economic damages, business losses, consequential and incidental damages, legal fees, punitive damages, or other losses.
  • 4.
    You are not obligated to make claims through the Bark Claims Process. If you choose to make a claim through the Bark Claims Process, you must do so within 30 days after the incident giving rise to your claim occurs. If you choose not to make a claim or miss this deadline, neither you nor Barkmall waives any rights or defences relating to any claims you might have.
  • 5.
    If you do make a claim through the Bark Claims Process, you agree you will not file a claim in an alternative forum (like a court or arbitration) until we have a chance to notify you of a decision on your claim. Claims made under the Bark Claims Process are usually resolved within 90 days. You may withdraw a claim made under this Process at any time by giving us notice in writing, with your claim identification number, at legal@barkmall.com.
  • 6.
    In order to file a complete claim, you will provide enough information to allow us to investigate your claim. If you are filing a claim for personal injury or property damage, you will need to provide evidence of your loss, like insurance records, photographs, repair bills, wage records, or medical bills. We may ask you for more information in order to complete your claim. By making a claim, you authorise us or our agents to contact any third parties who may have knowledge of your claim to inquire about your claim, including your medical providers, your insurers, or any witnesses to the event. You also authorise us to share information about your claim with parties necessary to investigate your claim, including the seller, their insurer, and our insurer. For more information about how Barkmall handles your personal information, please see our Privacy Notice.
  • 7.
    Barkmall and its agents reserve the right to determine the amount, if any, to offer you to attempt resolve a claim made through the Bark Claims Process. We will act in good faith to offer you fair compensation. We may involve the seller in our determination and we may use independent sources like insurance industry schedules. We may reject claims that we believe are unsubstantiated, frivolous, or abusive. We may reject claims if you do not respond to our requests for information or if the information you provide is inaccurate. We may reject claims if there is not sufficient evidence that the product was defective or if the defect did not cause the damage claimed by the customer. We may reject claims that we believe would be better suited to resolution in court. If we reject a claim for any reason, neither you nor Barkmall waives any rights or defences relating to any claims you might have.
  • 8.
    You are under no obligation to accept our offer to resolve your claim, but if you do accept it you agree that the claim is settled and finally resolved as to Barkmall and the seller who sold you the product. To the maximum extent permissible by law, you will also assign your claim to us so that we can pursue recovery from other sources in our discretion. You may be required to sign a release and assignment form.
  • 9.
    If you have already received compensation from another source such as the seller or manufacturer, you will not be eligible for recovery through the Bark Claims Process.
  • 10.
    Any claims you make through the Bark Claims Process will be subject to the Barkmall Conditions of Use, including its choice of law and dispute resolution provisions. In the event of a conflict between the Barkmall Conditions of Use and these Terms and Conditions, the Terms and Conditions will govern.
  • Last Updated 4 November 2021