Terms and Conditions
1. Introduction
1.1 These Terms and Conditions apply to the use of our Website or the purchase of Products offered through our Website.
1.2 The defined terms and interpretation of these Terms and Conditions are set out in Section 26.
2. Acceptance
2.1 You represent and warrant that:
(a) you are an individual and are 18 years of age or older;
(b) you have the authority to enter into a legally binding contract with us; and
(c) you are not prevented from entering into a legally binding contract with us under any applicable law or contract.
2.2 We reserve the right to require written confirmation of your authorization to accept these Terms and Conditions.
2.3 You represent and warrant that you have not:
(a) have been convicted of a computer or Internet-related offense; and
(b) denied access to the Products or the Site in the past.
2.4 We reserve the right to refuse you access to our Website if we deem such refusal necessary or appropriate.
2.5 By placing an order:
(a) your representation and warranty that you have read these Terms and Conditions carefully and in their entirety;
(b) your offer to make the purchase of the Order solely in accordance with these Terms;
(c) your acceptance that an Order Confirmation will be made solely on the basis of these Terms and Conditions; and
(d) your commitment to us that you will comply with these Terms and Conditions.
2.6 If you do not agree to these Terms, you must not use the Website or purchase any Products.
2.7 You must expressly agree to these Terms and Conditions in order to:
(a) submit information to or through our Web Site; or
(b) purchase a Product.
2.8 By visiting our Web Site, purchasing Products or agreeing to these Terms:
(a) you also accept and agree to our Privacy Policy; and
(b) you accept and agree to abide by our Acceptable Use Policy (see Section 12 below for more details).
2.9 We recommend that you print a copy of these Terms and Conditions for future reference.
2.10 If you do not agree to these Terms and Conditions, you will not be able to place an Order or communicate with us.
3. Personal Use.
You acknowledge that you will use the Web Site to purchase Products solely for your personal, non-commercial use as the owner and not as an agent or on behalf of any other person.
4.Price
4.1 The prices of the Products quoted on our Website include delivery charges, but exclude all similar charges, taxes, customs, duties or governmental charges ("unpaid and untaxed duties").
4.2 All duties, taxes, customs, imposts or other governmental charges and declarations for the import of the Products to the Delivery Address are your responsibility and do not include the prices of the Products. Additional charges may be incurred for all deliveries in individual cases for which the seller is not responsible and which must be borne by the customer. These include charges in addition to shipping costs, customs duties or import sales taxes may also be incurred if the goods are shipped from a country outside the EU (China), or customs duties for a product to be clarified with our customer service order. Customs duties or import sales taxes are not paid by us and are the responsibility of the buyer. Our goods are always shipped "duty unpaid and untaxed." The buyer is the "registered importer" and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods differ from country to country, please check your country's customs duties and taxes before placing your order. The buyer is required to fully verify that all laws and regulations of the importing country have been complied with upon receipt of the goods. and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods differ from country to country, please check your country's customs duties and taxes before placing your order. The buyer is required to fully verify that all laws and regulations of the importing country have been complied with upon receipt of the goods. and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods differ from country to country, please check your country's customs duties and taxes before placing your order. It is the buyer's responsibility to fully verify that all laws and regulations of the importing country have been complied with upon receipt of the goods.
4.3 We make every effort to ensure that all details, descriptions and prices of the Goods appearing on our website are correct. However, there may be instances where errors have been made. If we discover that a pricing error has occurred, we will notify you as soon as possible and give you the opportunity to reconfirm your Order at the correct price or cancel your Order. If we are unable to contact you or if we do not receive a response from you, your order will be considered cancelled and you will be fully refunded. If you choose to reconfirm your Order,
4.4 We are under no obligation to fulfill an Order if the price listed on the Site is incorrect (even after receiving an Order Confirmation).
4.5 Prices are subject to change from time to time. However, such changes will not affect Orders for which an Order Confirmation has been sent.
5. Placing an Order
5.1 After placing an Order, all Orders are subject to stock availability. If we have sufficient stock to fulfil your Order, you will receive an Order Confirmation which will act as confirmation of receipt of your Order. In the event of delivery problems or unavailability of stock to fulfill your Order, we will notify you by email and refund all payments made for the Order.
5.2 A Contract is concluded only when we have provided you with an Order Confirmation and only in relation to the Product(s) specified in the Order Confirmation. These Terms and Conditions are an integral part of the Contract and apply to the exclusion of any other terms and conditions.
5.3 If your Order consists of more than one Product, the Products may be delivered to you in separate deliveries at different times.
5.4 We reserve the right to remove Products from the Site at any time. We also reserve the right to edit or remove any material or content from the Website. We will not be liable to you or any third party for the removal of any Products from our Web site or the modification or removal of any material or content from our Web site.
5.5 We reserve the right to reject or refuse any Order placed by you at any time (even after we have sent you an Order Confirmation). We cannot be held liable to you or any third party for cancelling or rejecting an Order.
5.6 If we cancel your Order after we have received payment (and even after we have sent you an Order Confirmation), your payment for the Order will be refunded in full.
6. Payment
6.1 You may pay for the Products using a Payment Intermediary listed on our Website.
6.2 You may also pay for your Order in whole or in part with a coupon provided by us. Promotional coupons can only be entered online at the time of payment.
6.3 We may use payment intermediaries to process payments between you and us. You agree that we may provide Payment Intermediaries with documents and information about you, including documents and information containing your personal information.
6.4 We are not a regulated payment processor or money transfer agent and are not responsible for payment problems or disruptions caused by Payment Intermediaries.
6.5 You are responsible for providing complete and accurate information during the payment process and all payments must be made using your own funds. By placing an order you confirm that:
(a) the payment method used to make the payment belongs to you;
(b) if applicable, you are the rightful holder of the promotional voucher; and
(c) you have sufficient funds or lines of credit to pay for the relevant Order.
6.6 We are not responsible or liable for any unauthorized third party use of your credit, debit or prepaid cards, even if those cards have been reported as stolen. We may notify all appropriate authorities (including credit reference agencies) of fraudulent payments or other illegal activity.
6.7 You must not:
(a) make or attempt to make chargebacks in connection with any payment made for the Products; or
(b) cancel any payment made in connection with the Products.
6.8 You will fully indemnify us and hold us harmless from any chargeback or charge reversal made by you and from any loss, cost, liability or expense incurred by us as a result of or in connection with such chargeback or charge reversal.
7. Delivery
7.1 We aim to deliver your Order to the delivery address you provided when you placed your Order.
7.2 We will provide an estimated delivery date upon payment for your Order.
7.3 We may notify you if we anticipate that we will not be able to meet the estimated delivery date, but we will not be liable to you for any loss, liability, costs, damages, expenses or charges arising from late delivery to the fullest extent permitted by Permitted Law.
7.4 We may not be able to deliver Products to certain locations. In that event, we will notify you and arrange for cancellation and refund of the Order or delivery of the Order to another Delivery Address confirmed by you.
7.5 Risk in the Product passes to you upon delivery to the Delivery Address, unless delivery is delayed due to your failure to comply with your obligations under these Terms and Conditions. Risk passes to the date delivery would have occurred if you had not defaulted.
7.6 If you are unavailable to receive your Order, we may leave a note with instructions for the courier to return or pick up your Order.
7.7 If delivery or pickup is delayed by your unreasonable refusal to accept delivery or if you do not accept your Order or pick it up from the courier, we may charge you for the costs and other costs we reasonably incur in processing your Order. to the sender, without prejudice to any other rights or remedies available to us.
7.8 Goods will be shipped within 2-20 days after confirmation of receipt of payment. Standard delivery time is 5-14 business days. The owner does not ship directly. The order will be shipped by the manufacturer as soon as the entire order is available.
7.9 All duties, taxes, customs duties, fees or other governmental charges and declarations for the import of the Products to the Delivery Address are your responsibility and do not include the prices of the Products. Additional charges may be incurred for all deliveries in individual cases for which the seller is not responsible and which must be borne by the customer. These include charges in addition to shipping costs, customs duties or import sales taxes may also be incurred if the goods are shipped from a country outside the EU (China), or customs duties for a product to be clarified with our customer service order. Customs duties or import sales taxes are not paid by us and are the responsibility of the buyer. Our goods are always shipped "duty unpaid and untaxed." The buyer is the "registered importer" and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods differ from country to country, please check your country's customs duties and taxes before placing your order. The buyer is required to fully verify that all laws and regulations of the importing country have been complied with upon receipt of the goods. and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods differ from country to country, please check your country's customs duties and taxes before placing your order. The buyer is required to fully verify that all laws and regulations of the importing country have been complied with upon receipt of the goods. and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods differ from country to country, please check your country's customs duties and taxes before placing your order. It is the buyer's responsibility to fully verify that all laws and regulations of the importing country have been complied with upon receipt of the goods.
8. Cancellation or Modification of Orders
8.1 Once an Order has been placed through our Website, you may cancel or modify your Order by emailing us.
8.2 Once an Order has been packed, it cannot be cancelled or modified and the Order must instead be returned to us in accordance with paragraph 10 below. Because our goods are shipped from Asia, there may be extended transit times over which we have no control. If the products are already on their way to you, cancellation is not possible. Please wait until you have received the goods and send them back to us. Of course you can inform us in advance of your cancellation. In order to ensure the fastest possible return, we ask you to send us a shipping confirmation. An early refund is possible at the earliest 16 weeks after receipt of your order if the goods are not received.
8.3 Because we work with a fully automated system, orders are initiated immediately after they are sent. Therefore, unfortunately we cannot stop the shipping process until delivery, so refunds before receipt of goods are only possible up to 24 hours after the order is placed.
9. Defective Products
9.1 You acknowledge that the Products are standard and not custom made to meet any specific requirements of you.
9.2 All product descriptions, information and materials contained on the Web Site are provided "as is" and without warranties, expressed or implied or otherwise.
9.3 Product images may vary slightly from the actual Product you receive.
9.4 If the Product you receive is defective, please send us an email informing us of the Product to be returned and a photo of the defective Product.
9.5 You may return the Product to us in accordance with Section 10.
9.6 We will examine the Product upon receipt. Our processing time will vary depending on your order.
9.7 We will email you if we are convinced that the Product is defective.
9.8 Our sole liability to you in connection with any defective Product is (at our option) to:
(a) replace the Product and pay delivery charges for delivery of Products to the Delivery Address, for which you must return the defective Product to us and we will then deliver a replacement Product to the Delivery Address; or
(b) pay you an amount equal to the price of the Product and return the defective Product to us. We will pay you this amount by depositing it into the account from which we received payment and by using the same method of payment.
9.9 If we determine that the Product is free from defects, we may, at our sole discretion, decide not to refund you for the Product and may require you to pay all reasonable maintenance fees and charge it to the payment method you used to place your Order. We will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising from this paragraph to the fullest extent permitted by law.
10. Returns and Refunds.
10.1 Our returns policy is part of these Terms and Conditions under which you can visit and use our website.
10.2 If you are not completely satisfied with your Order, please let us know by email which Product you wish to return and return the Product to us. The return period is 14 days from the day you or a third party designated by you, who is not the carrier, picked up or received the last merchandise.
10.3 Return shipping and costs are the responsibility of the Customer.
10.4 The Product must be received by us in order for a Customer to be eligible for a refund. We will check the returned product upon arrival.
10.5 You must ensure that the Product is sent to us in the same condition in which you received it and that it is properly packaged. The Product must be unused, labels must not have been tampered with, and the Product must be in its original packaging. If a Product is returned to us in an unsuitable condition, we reserve the right to refuse to return the Product.
10.6 The processing time for return shipment depends on your order.
10.7 If we are satisfied with the condition of the returned Product, we will send you an email approving your return. After we inform you that your return has been approved, the amount will be refunded shortly to the account used to place the order.
10.8 Revocation is complete when the physical goods have been received by us.
10.9 Because our goods are shipped from Asia, there may be extended transit times over which we have no control. If the goods are already on their way to you, cancellation is not possible. Please wait until you have received the goods and send them back to us. Of course you can inform us in advance of your cancellation. In order to ensure the fastest possible return, we ask that you send us a shipping confirmation. An early refund is possible at the earliest 16 weeks after receipt of your order if the goods are not received.
11. Vouchers
11.1 You can redeem our vouchers or promotional discounts when you pay for Products on the Site.
11.2 To redeem a voucher or apply a discount, the voucher or discount code must be entered on the checkout page of our Order.
11.3 When you enter and apply the voucher or discount code, the voucher or discount will be calculated into the total amount of your Order at the time of payment.
12.4 You may redeem or use only one promotional voucher or discount per Order.
11.5 A promotional voucher credit is non-interest bearing and has no monetary value.
11.6 If a promotional voucher credit is insufficient for your Order, you may pay the difference through a separate payment method available on the Site.
11.7 If you use a coupon for an order that has been returned, you will not be refunded the value of the coupon. However, if you paid for part of it through another payment method, that part may be refunded.
12. Acceptable Use
12.1 You must not ("Prohibited Acts"):
(a) use our Web site in any manner or take any action that damages or is likely to cause damage to the Web site or impair the performance, availability, or accessibility of the Web site;
(b) use our Web site in any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Web site to copy, store, host, transmit, use, publish, or distribute any material consisting of (or related to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits, or other malicious computer software;
(d) perform any systematic or automated data collection activities (including scraping, data mining, data extraction or data harvesting) on or in connection with our Web site without our express written consent;
(e) access or otherwise interact with our Web site using a robot, spider, or other automated means;
(f) violate the guidelines in the robots.txt file for our Web site;
(g) use information collected from our Web site for any direct marketing activities (including e-mail marketing, SMS marketing, telemarketing, or direct mailing);
(h) use the information collected through our Web site to contact individuals, companies, or other individuals or entities;
(i) use or target the Web site to interact with any device unless you are expressly authorized to do so;
(j) use any Web site infrastructure, directly or indirectly, to initiate, propagate, participate in, direct, or attempt to hack or send bandwidth-consuming, malicious, or potentially malicious network messages to any device, ours or otherwise;
(k) directly or indirectly, copy, publish, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive or access the structure or source code of the Web site (to create derivative works from the source code or otherwise);
(l) use or access the Web site to create a similar or competitive product or service or to disclose to any third party any benchmarking or comparative study relating to the Products;
(m) sell, assign, sublicense, transfer, distribute or rent access to the Web Site
(o) make the Web Site available to third parties via a private computer network
(p) the content or hard or digital copies of any printed or edited or otherwise modified materials copied from our Web Site in any way
(q) use the Web site in a manner prohibited by any law or regulation applicable to the use of the Web site
(r) ask illegal questions or place illegal orders; or
(s) place speculative, false or fraudulent orders.
12.2 You acknowledge that you are liable to us for any damages, losses, liabilities, costs or expenses that we incur or in which we incur arising out of or in connection with any prohibited act performed or permitted by you.
12.3 You agree to inform us as soon as reasonably practicable after you become aware of any person performing a prohibited act. You will provide us with reasonable assistance in connection with any investigation we may conduct in response to information you provide in this regard.
12.4 You must ensure that all information you provide to us through our Web Site, or in connection with our Web Site or the Products:
(a) is true, accurate, current, complete and not misleading;
(b) complies with all applicable laws and regulations; and
(c) does not violate the privacy, data protection, confidentiality or intellectual property rights or other rights of any person; and
(d) is not offensive, abusive, pornographic, defamatory, unreliable, misleading, illegal, or otherwise objectionable.
12.5 You will promptly provide any documents or other information we request to verify your identity. You will promptly update any information you provide to us so that all your records with us are always complete and accurate.
12.6 You must comply with, and it is your sole responsibility to ensure that you comply with, all applicable laws in connection with your use of the Web Site, whether based on your country of residence, which country you access the Web Site from, or otherwise.
12.7 Email us if you become aware of any material or activity on our Web site that violates these Terms.
13. Website Linking
13.1 Links from our website to other websites and information resources provided by third parties are provided for informational purposes only. Links to other Web sites and resources from our Web site should not be construed as, and do not constitute, an endorsement or approval by us of those linked Web sites or resources, or of any information you obtain from them.
13.2 You acknowledge and agree that we have no right or control over the content of other Web sites and resources linked or referenced from our Web site.
13.3 You may link to our home page as long as you do so in a way that is fair, legal, and does not harm our reputation or take advantage of it.
13.4 You must not link in any way that suggests any form of association, approval or endorsement on our part where none exists.
13.5 You may not link to our Web site on any Web site that is not owned by you.
13.6 Our Web site cannot be framed on any other Web site, nor can you link to any part of our Web site other than the home page.
13.7 We reserve the right to revoke linking permission without notice.
13.8 The website to which you link must conform in all respects to the content standards set out in our Acceptable Use Policy (see Section 12 above).
13.9 Please contact us to obtain prior approval for any link to our Web site that does not comply with this Section 13.
14. Intellectual Property Rights
14.1 The code, structure and organization of the Site are protected by intellectual property rights.
14.2 We are the owner or licensee of all intellectual property rights in our Web site and its content and material published on it. These works are protected by applicable laws and treaties throughout the world. All such rights are reserved.
14.3 You may use the Web Site and any content on the Web Site only for your personal, non-commercial use and in accordance with these Terms and Conditions. Content on the Website includes content related to the Products.
14.4 You agree to inform us of any suspected infringement of intellectual property rights belonging to us.
14.5 You may not use our trademarks without our prior written consent, unless they are part of the material you use (and reproduce exactly) as permitted by paragraph 13 above.
15. Privacy
15.1 Our Privacy Policy is part of these Terms under which you can visit and use our Web site.
15.2 We use cookies on our website. We also use cookies to keep track of how our customers prefer to view our website. By agreeing to these Terms and Conditions you also consent to our use of cookies for this purpose. Further information about cookies is available in our Privacy Policy.
15.3 If you provide us with your personal data, we will process such personal data in accordance with your instructions from time to time and take appropriate security measures to protect such personal data from unauthorized and unlawful processing and from accidental loss, destruction or damage.
15.4 Unless specific precautions are appropriate or otherwise agreed in writing, information and documents arising from the sale of Products may be shared among us and, in particular, such information and documents may be accessible in electronic form to all our employees, officers, consultants or agents.
16. Viruses
16.1 We do not guarantee that our Web site will be secure or free of bugs or viruses.
16.2 You are responsible for configuring your computer technology, computer programs, and platform to access our Web site. You should use your own virus protection software.
16.3 You must not abuse our Web site by knowingly introducing viruses, Trojans, worms, logic bombs, or other malicious or technologically harmful material.
16.4 You must not attempt to gain unauthorized access to our Web site, the server on which our Web site is stored, or any server, computer, or database connected to our Web site.
16.5 You must not attack our Web site through a denial-of-service attack or a distributed denial-of-service attack.
16.6 If we believe that you have violated the provisions of this Section 16, your right to use our Web site will cease immediately. We may report any violation to the appropriate law enforcement authorities and will do so if required by applicable law.
17. Liability
17.1 Subject to Section 17.13, we disclaim any liability to the fullest extent permitted by law and assume no responsibility or liability for any loss to you or any other person resulting from:
(a) Third Party Content or User Content;
(b) our Content, and in particular the accuracy, completeness or current status of our Content
(c) the Products, and in particular the quality, images, description or specifications, conformity to description, and reasonable fitness for purpose of the Products
(d) reliance on any information contained or functionality provided on or through these Terms or our website
(e) the inability to access the Website or any part thereof, or access is interrupted or partially interrupted, or functions with errors, at any time; and
(f) any failure by us to perform or delay in performing our obligations, whether or not we give notice, if and to the extent that the failure or delay is caused by a circumstance beyond our reasonable control, and includes telecommunications interruptions power outages, terrorism, fuel strikes, bad weather, computer outages, failure of suppliers to meet delivery requirements, labor disputes, and absence of personnel due to illness or injury, and the time to perform an obligation, performance is affected thereby will be extended accordingly.
17.2 We shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with these Terms and Conditions for any loss of profits, loss of business opportunity, loss of goodwill, loss of savings or anticipated benefits, or for any form of indirect, special or consequential loss, even if such loss or damage was reasonably foreseeable or you were aware of the possibility of such loss or damage occurring.
17.3 Our liability arising directly or indirectly out of these Terms and Conditions (including the purchase of Products from us under these Terms and Conditions), or not otherwise expressly excluded by these Terms and Conditions, shall be limited and capped at the greater of US $1000 or a multiple of five times the price paid for the Products giving rise to liability. The amount of this limitation of liability shall be reduced by the amount of any unpaid amounts due to us.
17.4 Any claim by either party for breach of contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Terms and Conditions must be made within one year of the act or omission that caused the loss or would have caused costs.
17.5 Except to the extent that claims cannot be excluded or limited by law, no claim arising out of or in connection with these Terms and Conditions may be brought by you personally against any of our employees, officers, consultants or other representatives involved in the performance of the relevant obligations.
17.6 All representations or warranties, contractual or non-contractual, and all warranties, conditions, terms, representations and obligations implied by statute, common law, custom, trade usage, trade usage or otherwise (including implied representations of satisfactory quality, conformity to description and reasonable fitness for purpose) are excluded to the fullest extent permitted by law.
17.7 Only one claim may be brought against us (including our employees, officers or consultants) arising from an act or omission. An act or omission includes a series of related acts or omissions, the same act or omission in a series of related matters, or similar acts or omissions in a series of related matters, and includes all claims arising from a case.
17.8 The limitations in this Section 17 apply to our aggregate liability to you (including any other third party to whom we are liable, with or without our consent) in respect of any claim, and you and any other person may together bring a claim against us only once for the same loss.
17.9 Where a limitation of liability applies, regardless of the amount, the limitation will apply to the full performance of services or supply of Products by us and no separate aggregate limitation of liability will apply to you, any group company to which you belong, and any person designated by a corporate user.
17.10 If we are jointly and severally liable with another party, we will be required to pay you only that portion that is reasonably attributable to our fault. We will not be required to pay you the portion attributable to the fault of another party for which that other party would otherwise be liable.
17.11 Any liability on our part to you is reduced by the portion for which another party would have been held liable if
(a) you have also instituted proceedings or brought an action against that other party; or
(b) we have brought an action or claim against the other party under the tort (contribution) ordinance or similar law in another relevant jurisdiction.
17.12 In considering whether other parties may be liable to you, no account should be taken of your inability to bring remedies against another party because of the limitation of remedies against that party, or the party's lack of remedies or recourse to any exclusions. or limitations of liability or the fact that the other party has ceased to exist.
17.13 The exclusions and limitations of liability in these Terms and Conditions do not affect our liability
(a) for death or personal injury resulting from our negligence;
(b) for fraud or reckless disregard of professional duties;
(c) for any other liability that cannot be excluded or limited in the jurisdiction to which a relevant claim is subject, including limitations on our right to limit our liability; and
(d) in any other case, to limit our liability to less than the minimum amount that might be required in the circumstances under any other law or regulation relevant to the claim, in which case such minimum amount shall be deemed to be in lieu of the amount that would otherwise apply.
17.14 These provisions are exhaustive of the remedies for monetary damages for any party or third party against any party arising out of or in connection with these Terms and Conditions.
18. Indemnification
18.1 You shall fully indemnify and hold harmless the Released Parties on demand from and against all claims, costs, and losses of any kind that the Released Parties may suffer or incur as a result of or in connection with:
(a) any material breach of the provisions of these Terms and Conditions by you;
(b) any fraud, negligence, misconduct or recklessness in or in connection with your obligations under these Terms; and
(c) your use of our Website.
18.2 We have the right to recover from you any direct costs we reasonably incur in connection with a claim and all such costs will be payable on demand.
19. Force Majeure Event
19.1 If a Force Majeure Event lasts longer than one week, we may terminate the Terms and Conditions immediately by giving you written notice and without any liability other than a refund of the Product already paid for by you and not yet delivered.
19.2 We reserve absolute discretion as to the solution we choose to fully perform our obligations under these Terms and Conditions in the event of a Force Majeure Event.
20. Changes
20.1 We may change these Terms and Conditions from time to time. We will notify you in advance of any significant changes that we believe may adversely affect you. We will notify you of any changes to these Terms and Conditions. The Terms and Conditions in effect from time to time govern your use of our Web Site and any products offered through our Web Site.
20.2 If you do not agree to the modified Terms and Conditions, you must stop using our Website or purchasing our products.
20.3 If you have given your express consent and approval to these Terms, we will ask for your express consent and approval for any revisions to these Terms before your first purchase of Products after the revision becomes effective. If you have not given your express consent to the revised Terms within a time period specified by us, you must stop using the Website or purchasing our Products.
21. Your breach
21.1 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our Website
(c) stop processing an order
(d) refuse to receive any payment from you
(e) permanently deny you access to our website
(f) computers with their own IP address deny access to our website
(g) contact one or more Internet service providers and request that they block access to our Web site; or
(h) take legal action against you, whether for breach of contract or otherwise.
21.2 If we suspend, ban or block your access to our Web site or any part of our Web site, you may not take any action to circumvent such suspension, ban or block.
22. Termination and suspension
22.1 You may terminate your use of the Website at any time.
22.2 We may suspend the provision of the Website at any time, with or without cause, and with or without notice.
22.3 Subject to Section 22.2, we may suspend or terminate your access to this Web Site if your use of the Web Site causes or threatens to cause legal liability of any kind, or otherwise interferes with the use of the Web Site by others.
22.4 If we suspend or terminate your access to the Web site, we will attempt to provide you with notice. However, we may, at our sole discretion, immediately suspend or terminate your access to the Web site without notice.
22.5 We do not guarantee that our Website will always be available or operate continuously. We may discontinue, suspend or withdraw or limit the availability of our Web site in whole or in part for business or operational reasons. We will endeavour to give you reasonable notice of any suspension or withdrawal. You will not be entitled to any compensation or other payment if the Website is discontinued, suspended, withdrawn or modified.
23. Consequences of Termination.
23.1 Upon termination of these Terms and Conditions, any obligation to provide customer support will cease immediately.
23.2 You shall in no event have any claim against us for loss of rights, loss of goodwill or any other damages upon termination of these Terms and Conditions for any reason whatsoever.
23.3 Termination of these Terms and Conditions shall not affect any other rights already accrued and shall not affect any provisions of these Terms and Conditions which, in accordance with their terms, are expressly intended to become or remain in force thereafter. Sections 17 (Liability) and 18 (Indemnification) shall survive the termination of these Terms and Conditions.
24. General Provisions.
24.1 You may not transfer any of your rights under these Terms and Conditions.
24.2 The rights, powers and remedies provided in these Terms and Conditions are (unless expressly provided otherwise) cumulative and not exclusive of any rights, powers and remedies provided by law, or otherwise.
24.3 We outsource the hosting of the Web Site to third parties.
24.4 If the validity or enforceability of any provision of these Terms and Conditions is limited in any way by applicable law, such provision shall be valid and enforceable to the fullest extent permitted by such law. The invalidity or unenforceability of any such provision shall not affect the validity or enforceability of any other provision.
24.5 Our failure or delay in exercising any right, power or remedy provided in these Terms and Conditions or in law shall not constitute a waiver of such right, power or remedy. Our waiver of a breach of any provision of these Terms and Conditions will not constitute a waiver of a subsequent breach of that provision, or a waiver of a breach of any other provision.
24.6 The exercise of the parties' rights under these Terms and Conditions is not conditional on the consent of any third party.
24.7 These Terms and Conditions are for our benefit and yours and are not intended to benefit or be enforceable by any third party.
25. Applicable Law
25.1 These Terms and Conditions, their subject matter and formation (and any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of China.
25.2 Any dispute, controversy, difference or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions, including the existence, validity, interpretation, enforcement, breach or termination or any dispute relating to non-contractual matters the obligations arising out of or in connection with these Terms and Conditions shall be referred to and finally governed by the arbitration administered by China in effect at the time of the submission of the Notice of Arbitration. The law applicable to this arbitration clause is Chinese law. The place of arbitration is China. The number of arbitrators is one. The arbitration proceedings will be conducted in English.
26. Interpretation
26.1 In these Terms and Conditions:
" Contract " means your order for a Product or Products in accordance with these Terms and Conditions, which we accept in accordance with Section 4.3;
"Customer" means any person who places an Order on the Website;
"Delivery Address" means the delivery address set forth in the relevant Order;
"Estimated Delivery Date" means an estimated delivery date for an Order;
"Force Majeure Event" means any event or state of affairs that results or results from a failure or delay on our part in performing any obligation under these Terms and Conditions that is caused by or is the result of any cause beyond our control that was beyond our control, or was materially attributable to any failure on our part to use due diligence to avoid such failure or delay and includes war or threat of war; an act of God; natural or nuclear disaster; riot or civil disturbance; pandemic; terrorist act; malicious damage; fire or flood; compliance with a new law or order of a governmental agency or judicial authority; closure of airports or ports;
“Indemnified Parties” means us, each affiliated company and their respective officers, employees, contractors and representatives. "Intellectual Property Rights" means all intellectual property rights, including patents, trademarks, design rights, copyrights, database rights, trade secrets and all rights of a similar nature;
"Order" means the order submitted by you through our website for the purchase of a product or products from us;
"Order Confirmation" means our email sent to you in which we confirm your order in accordance with Section 4.3;
“Payment Intermediary” means a third party that provides payment processing services and is used by us;
means a product offered on our Web Site;
"Web Site" means the Web Site;
"Website Infrastructure" means any of our systems (including code) that facilitates, provides, or describes the Website;
26.2 References to “sections” are references to sections of these Terms and Conditions.
26.3 Headings are for illustrative purposes only and do not affect the interpretation or construction of these Terms.
26.4 Words denoting the singular also include the plural and vice versa. Gender words include any gender and references to persons include an individual, corporation, company, firm, or partnership.
Email us if you have any questions or comments about these Terms and Conditions, the Web site, or the products.
1. Introduction
1.1 These Terms and Conditions apply to your use of our Website or purchase of Products offered through our Website.
1.2 The defined terms and interpretation of these Terms and Conditions are set out in Section 26.
2. Acceptance
2.1 You declare and warrant that:
(a) you are an individual and are 18 years of age or older;
(b) you have the authority to enter into a legally binding contract with us; and
(c) you are not prevented from entering into a legally binding contract with us under any applicable law or contract.
2.2 We reserve the right to require written confirmation of your authorization to accept these Terms and Conditions.
2.3 You represent and warrant that you have not:
(a) have been convicted of a computer or Internet-related offense; and
(b) denied access to the Products or the Site in the past.
2.4 We reserve the right to refuse you access to our Website if we deem such refusal necessary or appropriate.
2.5 By placing an order:
(a) your representation and warranty that you have read these Terms and Conditions carefully and in their entirety;
(b) your offer to make the purchase of the Order solely in accordance with these Terms;
(c) your acceptance that an Order Confirmation will be made solely on the basis of these Terms and Conditions; and
(d) your commitment to us that you will comply with these Terms and Conditions.
2.6 If you do not agree to these Terms, you must not use the Website or purchase any Products.
2.7 You must expressly agree to these Terms and Conditions in order to:
(a) submit information to or through our Web Site; or
(b) purchase a Product.
2.8 By visiting our Web Site, purchasing Products or agreeing to these Terms:
(a) you also accept and agree to our Privacy Policy; and
(b) you accept and agree to abide by our Acceptable Use Policy (see Section 12 below for more details).
2.9 We recommend that you print a copy of these Terms and Conditions for future reference.
2.10 If you do not agree to these Terms and Conditions, you will not be able to place an Order or communicate with us.
3. Personal Use.
You acknowledge that you will use the Web Site to purchase Products solely for your personal, non-commercial use as the owner and not as an agent or on behalf of any other person.
4.Price
4.1 The prices of the Products quoted on our Website include delivery charges, but exclude all similar charges, taxes, customs, duties or governmental charges ("unpaid and untaxed duties").
4.2 All duties, taxes, customs, imposts or other governmental charges and declarations for the import of the Products to the Delivery Address are your responsibility and do not include the prices of the Products. Additional charges may be incurred for all deliveries in individual cases for which the seller is not responsible and which must be borne by the customer. These include charges in addition to shipping costs, customs duties or import sales taxes may also be incurred if the goods are shipped from a country outside the EU (China), or customs duties for a product to be clarified with our customer service order. Customs duties or import sales taxes are not paid by us and are the responsibility of the buyer. Our goods are always shipped "duty unpaid and untaxed." The buyer is the "registered importer" and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods differ from country to country, please check your country's customs duties and taxes before placing your order. The buyer is required to fully verify that all laws and regulations of the importing country have been complied with upon receipt of the goods. and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods differ from country to country, please check your country's customs duties and taxes before placing your order. The buyer is required to fully verify that all laws and regulations of the importing country have been complied with upon receipt of the goods. and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods differ from country to country, please check your country's customs duties and taxes before placing your order. It is the buyer's responsibility to fully verify that all laws and regulations of the importing country have been complied with upon receipt of the goods.
4.3 We make every effort to ensure that all details, descriptions and prices of the Goods appearing on our website are correct. However, there may be instances where errors have been made. If we discover that a pricing error has occurred, we will notify you as soon as possible and give you the opportunity to reconfirm your Order at the correct price or cancel your Order. If we are unable to contact you or if we do not receive a response from you, your order will be considered cancelled and you will be fully refunded. If you choose to reconfirm your Order,
4.4 We are under no obligation to fulfill an Order if the price listed on the Site is incorrect (even after receiving an Order Confirmation).
4.5 Prices are subject to change from time to time. However, such changes will not affect Orders for which an Order Confirmation has been sent.
5. Placing an Order
5.1 After placing an Order, all Orders are subject to stock availability. If we have sufficient stock to fulfil your Order, you will receive an Order Confirmation which will act as confirmation of receipt of your Order. In the event of delivery problems or unavailability of stock to fulfill your Order, we will notify you by email and refund all payments made for the Order.
5.2 A Contract is concluded only when we have provided you with an Order Confirmation and only in relation to the Product(s) specified in the Order Confirmation. These Terms and Conditions are an integral part of the Contract and apply to the exclusion of any other terms and conditions.
5.3 If your Order consists of more than one Product, the Products may be delivered to you in separate deliveries at different times.
5.4 We reserve the right to remove Products from the Site at any time. We also reserve the right to edit or remove any material or content from the Website. We will not be liable to you or any third party for the removal of any Products from our Web site or the modification or removal of any material or content from our Web site.
5.5 We reserve the right to reject or refuse any Order placed by you at any time (even after we have sent you an Order Confirmation). We cannot be held liable to you or any third party for cancelling or rejecting an Order.
5.6 If we cancel your Order after we have received payment (and even after we have sent you an Order Confirmation), your payment for the Order will be refunded in full.
6. Payment
6.1 You may pay for the Products using a Payment Intermediary listed on our Website.
6.2 You may also pay for your Order in whole or in part with a coupon provided by us. Promotional coupons can only be entered online at the time of payment.
6.3 We may use payment intermediaries to process payments between you and us. You agree that we may provide Payment Intermediaries with documents and information about you, including documents and information containing your personal information.
6.4 We are not a regulated payment processor or money transfer agent and are not responsible for payment problems or disruptions caused by Payment Intermediaries.
6.5 You are responsible for providing complete and accurate information during the payment process and all payments must be made using your own funds. By placing an order you confirm that:
(a) the payment method used to make the payment belongs to you;
(b) if applicable, you are the rightful holder of the promotional voucher; and
(c) you have sufficient funds or lines of credit to pay for the relevant Order.
6.6 We are not responsible or liable for any unauthorized third party use of your credit, debit or prepaid cards, even if those cards have been reported as stolen. We may notify all appropriate authorities (including credit reference agencies) of fraudulent payments or other illegal activity.
6.7 You must not:
(a) make or attempt to make chargebacks in connection with any payment made for the Products; or
(b) cancel any payment made in connection with the Products.
6.8 You will fully indemnify us and hold us harmless from any chargeback or charge reversal made by you and from any loss, cost, liability or expense incurred by us as a result of or in connection with such chargeback or charge reversal.
7. Delivery
7.1 We aim to deliver your Order to the delivery address you provided when you placed your Order.
7.2 We will provide an estimated delivery date upon payment for your Order.
7.3 We may notify you if we anticipate that we will not be able to meet the estimated delivery date, but we will not be liable to you for any loss, liability, costs, damages, expenses or charges arising from late delivery to the fullest extent permitted by Permitted Law.
7.4 We may not be able to deliver Products to certain locations. In that event, we will notify you and arrange for cancellation and refund of the Order or delivery of the Order to another Delivery Address confirmed by you.
7.5 Risk in the Product passes to you upon delivery to the Delivery Address, unless delivery is delayed due to your failure to comply with your obligations under these Terms and Conditions. Risk passes to the date delivery would have occurred if you had not defaulted.
7.6 If you are unavailable to receive your Order, we may leave a note with instructions for the courier to return or pick up your Order.
7.7 If delivery or pickup is delayed by your unreasonable refusal to accept delivery or if you do not accept your Order or pick it up from the courier, we may charge you for the costs and other costs we reasonably incur in processing your Order. to the sender, without prejudice to any other rights or remedies available to us.
7.8 Goods will be shipped within 2-20 days after confirmation of receipt of payment. Standard delivery time is 5-14 business days. The owner does not ship directly. The order will be shipped by the manufacturer as soon as the entire order is available.
7.9 All duties, taxes, customs duties, fees or other governmental charges and declarations for the import of the Products to the Delivery Address are your responsibility and do not include the prices of the Products. Additional charges may be incurred for all deliveries in individual cases for which the seller is not responsible and which must be borne by the customer. These include charges in addition to shipping costs, customs duties or import sales taxes may also be incurred if the goods are shipped from a country outside the EU (China), or customs duties for a product to be clarified with our customer service order. Customs duties or import sales taxes are not paid by us and are the responsibility of the buyer. Our goods are always shipped "duty unpaid and untaxed." The buyer is the "registered importer" and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods differ from country to country, please check your country's customs duties and taxes before placing your order. The buyer is required to fully verify that all laws and regulations of the importing country have been complied with upon receipt of the goods. and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods differ from country to country, please check your country's customs duties and taxes before placing your order. The buyer is required to fully verify that all laws and regulations of the importing country have been complied with upon receipt of the goods. and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods differ from country to country, please check your country's customs duties and taxes before placing your order. It is the buyer's responsibility to fully verify that all laws and regulations of the importing country have been complied with upon receipt of the goods.
8. Cancellation or Modification of Orders
8.1 Once an Order has been placed through our Website, you may cancel or modify your Order by emailing us.
8.2 Once an Order has been packed, it cannot be cancelled or modified and the Order must instead be returned to us in accordance with paragraph 10 below. Because our goods are shipped from Asia, there may be extended transit times over which we have no control. If the products are already on their way to you, cancellation is not possible. Please wait until you have received the goods and send them back to us. Of course you can inform us in advance of your cancellation. In order to ensure the fastest possible return, we ask you to send us a shipping confirmation. An early refund is possible at the earliest 16 weeks after receipt of your order if the goods are not received.
8.3 Because we work with a fully automated system, orders are initiated immediately after they are sent. Therefore, unfortunately we cannot stop the shipping process until delivery, so refunds before receipt of goods are only possible up to 24 hours after the order is placed.
9. Defective Products
9.1 You acknowledge that the Products are standard and not custom made to meet any specific requirements of you.
9.2 All product descriptions, information and materials contained on the Web Site are provided "as is" and without warranties, expressed or implied or otherwise.
9.3 Product images may vary slightly from the actual Product you receive.
9.4 If the Product you receive is defective, please send us an email informing us of the Product to be returned and a photo of the defective Product.
9.5 You may return the Product to us in accordance with Section 10.
9.6 We will examine the Product upon receipt. Our processing time will vary depending on your order.
9.7 We will email you if we are convinced that the Product is defective.
9.8 Our sole liability to you in connection with any defective Product is (at our option) to:
(a) replace the Product and pay delivery charges for delivery of Products to the Delivery Address, for which you must return the defective Product to us and we will then deliver a replacement Product to the Delivery Address; or
(b) pay you an amount equal to the price of the Product and return the defective Product to us. We will pay you this amount by depositing it into the account from which we received payment and using the same method of payment.
9.9 If we determine that the Product is free from defects, we may, at our sole discretion, decide not to refund you for the Product and may require you to pay all reasonable maintenance fees and charge it to the payment method you used to place your Order. We will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising from this paragraph to the fullest extent permitted by law.
10. Returns and Refunds
10.1 Our returns policy is part of these Terms and Conditions under which you can visit and use our Website.
10.2 If you are not completely satisfied with your Order, please let us know by email which Product you wish to return and return the Product to us. The return period is 30 days from the day you or a third party designated by you, who is not the carrier, picked up or received the last merchandise.
10.3 Return shipping and costs are the responsibility of the Customer.
10.4 The Product must be received by us in order for a Customer to be eligible for a refund. We will check the returned product upon arrival.
10.5 You must ensure that the Product is sent to us in the same condition in which you received it and that it is properly packaged. The Product must be unused, labels must not have been tampered with, and the Product must be in its original packaging. If a Product is returned to us in an unsuitable condition, we reserve the right to refuse to return the Product.
10.6 The processing time for return shipment depends on your order.
10.7 If we are satisfied with the condition of the returned Product, we will send you an email approving your return. After we inform you that your return has been approved, the amount will be refunded shortly to the account used to place the order.
10.8 The revocation is complete when the physical goods have been received by us.
10.9 Because our goods are shipped from Asia, there may be extended transit times over which we have no control. If the goods are already on their way to you, cancellation is not possible. Please wait until you have received the goods and send them back to us. Of course you can inform us in advance of your cancellation. In order to ensure the fastest possible return, we ask that you send us a shipping confirmation. An early refund is possible at the earliest 16 weeks after receipt of your order if the goods are not received.
11. Vouchers
11.1 You can redeem our vouchers or promotional discounts when you pay for Products on the Site.
11.2 To redeem a voucher or apply a discount, the voucher or discount code must be entered on the checkout page of our Order.
11.3 When you enter and apply the voucher or discount code, the voucher or discount will be calculated into the total amount of your Order at the time of payment.
12.4 You may redeem or use only one promotional voucher or discount per Order.
11.5 A promotional voucher credit is non-interest bearing and has no monetary value.
11.6 If a promotional voucher credit is insufficient for your Order, you may pay the difference through a separate payment method available on the Site.
11.7 If you use a coupon for an order that has been returned, you will not be refunded the value of the coupon. However, if you paid for part of it through another payment method, that part may be refunded.
12. Acceptable Use
12.1 You must not ("Prohibited Acts"):
(a) use our Web site in any manner or take any action that damages or is likely to cause damage to the Web site or impair the performance, availability, or accessibility of the Web site;
(b) use our Web site in any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Web site to copy, store, host, transmit, use, publish, or distribute any material consisting of (or related to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits, or other malicious computer software;
(d) perform any systematic or automated data collection activities (including scraping, data mining, data extraction or data harvesting) on or in connection with our Web site without our express written consent;
(e) access or otherwise interact with our Web site using a robot, spider, or other automated means;
(f) violate the guidelines in the robots.txt file for our Web site;
(g) use information collected from our Web site for any direct marketing activities (including e-mail marketing, SMS marketing, telemarketing, or direct mailing);
(h) use the information collected through our Web site to contact individuals, companies, or other individuals or entities;
(i) use or target the Web site to interact with any device unless you are expressly authorized to do so;
(j) use any Web site infrastructure, directly or indirectly, to initiate, propagate, participate in, direct, or attempt to hack or send bandwidth-consuming, malicious, or potentially malicious network messages to any device, ours or otherwise;
(k) directly or indirectly, copy, publish, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive or access the structure or source code of the Web site (to create derivative works from the source code or otherwise);
(l) use or access the Web site to create a similar or competitive product or service or to disclose to any third party any benchmarking or comparative study relating to the Products;
(m) sell, assign, sublicense, transfer, distribute or rent access to the Web Site
(o) make the Web Site available to third parties via a private computer network
(p) the content or hard or digital copies of any printed or edited or otherwise modified materials copied from our Web Site in any way
(q) use the Web site in a manner prohibited by any law or regulation applicable to the use of the Web site
(r) ask illegal questions or place illegal orders; or
(s) place speculative, false or fraudulent orders.
12.2 You acknowledge that you are liable to us for any damages, losses, liabilities, costs or expenses that we incur or in which we incur arising out of or in connection with any prohibited act performed or permitted by you.
12.3 You agree to inform us as soon as reasonably practicable after you become aware of any person performing a prohibited act. You will provide us with reasonable assistance in connection with any investigation we may conduct in response to information you provide in this regard.
12.4 You must ensure that all information you provide to us through our Web Site, or in connection with our Web Site or the Products:
(a) is true, accurate, current, complete and not misleading;
(b) complies with all applicable laws and regulations; and
(c) does not violate the privacy, data protection, confidentiality or intellectual property rights or other rights of any person; and
(d) is not offensive, abusive, pornographic, defamatory, unreliable, misleading, illegal, or otherwise objectionable.
12.5 You will promptly provide any documents or other information we request to verify your identity. You will promptly update any information you provide to us so that all your records with us are always complete and accurate.
12.6 You must comply with, and it is your sole responsibility to ensure that you comply with, all applicable laws in connection with your use of the Web Site, whether based on your country of residence, which country you access the Web Site from, or otherwise.
12.7 Email us if you become aware of any material or activity on our Web site that violates these Terms.
13. Website Linking
13.1 Links from our website to other websites and information resources provided by third parties are provided for informational purposes only. Links to other Web sites and resources from our Web site should not be construed as, and do not constitute, an endorsement or approval by us of those linked Web sites or resources, or of any information you obtain from them.
13.2 You acknowledge and agree that we have no right or control over the content of other Web sites and resources linked or referenced from our Web site.
13.3 You may link to our home page as long as you do so in a way that is fair, legal, and does not harm our reputation or take advantage of it.
13.4 You must not link in any way that suggests any form of association, approval or endorsement on our part where none exists.
13.5 You may not link to our Web site on any Web site that is not owned by you.
13.6 Our Web site cannot be framed on any other Web site, nor can you link to any part of our Web site other than the home page.
13.7 We reserve the right to revoke linking permission without notice.
13.8 The website to which you link must conform in all respects to the content standards set out in our Acceptable Use Policy (see Section 12 above).
13.9 Please contact us to obtain prior approval for any link to our Web site that does not comply with this Section 13.
14. Intellectual Property Rights
14.1 The code, structure and organization of the Site are protected by intellectual property rights.
14.2 We are the owner or licensee of all intellectual property rights in our Web site and its content and material published on it. These works are protected by applicable laws and treaties throughout the world. All such rights are reserved.
14.3 You may use the Web Site and any content on the Web Site only for your personal, non-commercial use and in accordance with these Terms and Conditions. Content on the Website includes content related to the Products.
14.4 You agree to inform us of any suspected infringement of intellectual property rights belonging to us.
14.5 You may not use our trademarks without our prior written consent, unless they are part of the material you use (and reproduce exactly) as permitted by paragraph 13 above.
15. Privacy
15.1 Our Privacy Policy is part of these Terms under which you can visit and use our Web site.
15.2 We use cookies on our website. We also use cookies to keep track of how our customers prefer to view our website. By agreeing to these Terms and Conditions you also consent to our use of cookies for this purpose. Further information about cookies is available in our Privacy Policy.
15.3 If you provide us with your personal data, we will process such personal data in accordance with your instructions from time to time and take appropriate security measures to protect such personal data from unauthorized and unlawful processing and from accidental loss, destruction or damage.
15.4 Unless specific precautions are appropriate or otherwise agreed in writing, information and documents arising from the sale of Products may be shared among us and, in particular, such information and documents may be accessible in electronic form to all our employees, officers, consultants or agents.
16. Viruses
16.1 We do not guarantee that our Web site will be secure or free of bugs or viruses.
16.2 You are responsible for configuring your computer technology, computer programs, and platform to access our Web site. You should use your own virus protection software.
16.3 You must not abuse our Web site by knowingly introducing viruses, Trojans, worms, logic bombs, or other malicious or technologically harmful material.
16.4 You must not attempt to gain unauthorized access to our Web site, the server on which our Web site is stored, or any server, computer, or database connected to our Web site.
16.5 You must not attack our Web site through a denial-of-service attack or a distributed denial-of-service attack.
16.6 If we believe that you have violated the provisions of this Section 16, your right to use our Web site will cease immediately. We may report any violation to the appropriate law enforcement authorities and will do so if required by applicable law.
17. Liability
17.1 Subject to Section 17.13, we disclaim any liability to the fullest extent permitted by law and assume no responsibility or liability for any loss to you or any other person resulting from:
(a) Third Party Content or User Content;
(b) our Content, and in particular the accuracy, completeness or current status of our Content
(c) the Products, and in particular the quality, images, description or specifications, conformity to description, and reasonable fitness for purpose of the Products
(d) reliance on any information contained or functionality provided on or through these Terms or our website
(e) the inability to access the Website or any part thereof, or access is interrupted or partially interrupted, or functions with errors, at any time; and
(f) any failure by us to perform or delay in performing our obligations, whether or not we give notice, if and to the extent that the failure or delay is caused by a circumstance beyond our reasonable control, and includes telecommunications interruptions power outages, terrorism, fuel strikes, bad weather, computer outages, failure of suppliers to meet delivery requirements, labor disputes, and absence of personnel due to illness or injury, and the time to perform an obligation, performance is affected thereby will be extended accordingly.
17.2 We shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with these Terms and Conditions for any loss of profits, loss of business opportunity, loss of goodwill, loss of savings or anticipated benefits, or for any form of indirect, special or consequential loss, even if such loss or damage was reasonably foreseeable or you were aware of the possibility of such loss or damage occurring.
17.3 Our liability arising directly or indirectly out of these Terms and Conditions (including the purchase of Products from us under these Terms and Conditions), or not otherwise expressly excluded by these Terms and Conditions, shall be limited and capped at the greater of US $1000 or a multiple of five times the price paid for the Products giving rise to liability. The amount of this limitation of liability shall be reduced by the amount of any unpaid amounts due to us.
17.4 Any claim by either party for breach of contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Terms and Conditions must be made within one year of the act or omission that caused the loss or would have caused costs.
17.5 Except to the extent that claims cannot be excluded or limited by law, no claim arising out of or in connection with these Terms and Conditions may be brought by you personally against any of our employees, officers, consultants or other representatives involved in the performance of the relevant obligations.
17.6 All representations or warranties, contractual or non-contractual, and all warranties, conditions, terms, representations and obligations implied by statute, common law, custom, trade usage, trade usage or otherwise (including implied representations of satisfactory quality, conformity to description and reasonable fitness for purpose) are excluded to the fullest extent permitted by law.
17.7 Only one claim may be brought against us (including our employees, officers or consultants) arising from an act or omission. An act or omission includes a series of related acts or omissions, the same act or omission in a series of related matters, or similar acts or omissions in a series of related matters, and includes all claims arising from a case.
17.8 The limitations in this Section 17 apply to our aggregate liability to you (including any other third party to whom we are liable, with or without our consent) in respect of any claim, and you and any other person may together bring a claim against us only once for the same loss.
17.9 Where a limitation of liability applies, regardless of the amount, the limitation will apply to the full performance of services or supply of Products by us and no separate aggregate limitation of liability will apply to you, any group company to which you belong, and any person designated by a corporate user.
17.10 If we are jointly and severally liable with another party, we will be required to pay you only that portion that is reasonably attributable to our fault. We will not be required to pay you the portion attributable to the fault of another party for which that other party would otherwise be liable.
17.11 Any liability on our part to you is reduced by the portion for which another party would have been held liable if
(a) you have also instituted proceedings or brought an action against that other party; or
(b) we have brought an action or claim against the other party under the tort (contribution) ordinance or similar law in another relevant jurisdiction.
17.12 In considering whether other parties may be liable to you, no account should be taken of your inability to bring remedies against another party because of the limitation of remedies against that party, or the party's lack of remedies or recourse to any exclusions. or limitations of liability or the fact that the other party has ceased to exist.
17.13 The exclusions and limitations of liability in these Terms and Conditions do not affect our liability
(a) for death or personal injury resulting from our negligence;
(b) for fraud or reckless disregard of professional duties;
(c) for any other liability that cannot be excluded or limited in the jurisdiction to which a relevant claim is subject, including limitations on our right to limit our liability; and
(d) in any other case, to limit our liability to less than the minimum amount that might be required in the circumstances under any other law or regulation relevant to the claim, in which case such minimum amount shall be deemed to be in lieu of the amount that would otherwise apply.
17.14 These provisions are exhaustive of the remedies for monetary damages for any party or third party against any party arising out of or in connection with these Terms and Conditions.
18. Indemnification
18.1 You shall fully indemnify and hold harmless the Released Parties on demand from and against all claims, costs, and losses of any kind that the Released Parties may suffer or incur as a result of or in connection with:
(a) any material breach of the provisions of these Terms and Conditions by you;
(b) any fraud, negligence, misconduct or recklessness in or in connection with your obligations under these Terms; and
(c) your use of our Website.
18.2 We have the right to recover from you any direct costs we reasonably incur in connection with a claim and all such costs will be payable on demand.
19. Force Majeure Event.
19.1 If a Force Majeure Event lasts for more than one week, we may terminate the Terms and Conditions immediately by giving you written notice and without liability other than a refund of the Product already paid for by you and not yet delivered.
19.2 We reserve absolute discretion as to the solution we choose to fully perform our obligations under these Terms and Conditions in the event of a Force Majeure Event.
20. Changes
20.1 We may change these Terms and Conditions from time to time. We will notify you in advance of any significant changes that we believe may adversely affect you. We will notify you of any changes to these Terms and Conditions. The Terms and Conditions in effect from time to time govern your use of our Web Site and any products offered through our Web Site.
20.2 If you do not agree to the modified Terms and Conditions, you must stop using our Website or purchasing our products.
20.3 If you have given your express consent and approval to these Terms, we will ask for your express consent and approval for any revisions to these Terms before your first purchase of Products after the revision becomes effective. If you have not given your express consent to the revised Terms within a time period specified by us, you must stop using the Website or purchasing our Products.
21. Your breach
21.1 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our Website
(c) stop processing an order
(d) refuse to receive any payment from you
(e) permanently deny you access to our website
(f) computers with their own IP address deny access to our website
(g) contact one or more Internet service providers and request that they block access to our Web site; or
(h) take legal action against you, whether for breach of contract or otherwise.
21.2 If we suspend, ban or block your access to our Web site or any part of our Web site, you may not take any action to circumvent such suspension, ban or block.
22. Termination and suspension
22.1 You may terminate your use of the Website at any time.
22.2 We may suspend the provision of the Website at any time, with or without cause, and with or without notice.
22.3 Subject to Section 22.2, we may suspend or terminate your access to this Web Site if your use of the Web Site causes or threatens to cause legal liability of any kind, or otherwise interferes with the use of the Web Site by others.
22.4 If we suspend or terminate your access to the Web site, we will attempt to provide you with notice. However, we may, at our sole discretion, immediately suspend or terminate your access to the Web site without notice.
22.5 We do not guarantee that our Website will always be available or operate continuously. We may discontinue, suspend or withdraw or limit the availability of our Web site in whole or in part for business or operational reasons. We will endeavour to give you reasonable notice of any suspension or withdrawal. You will not be entitled to any compensation or other payment if the Website is discontinued, suspended, withdrawn or modified.
23. Consequences of Termination
23.1 Upon termination of these Terms and Conditions, any obligation to provide customer support will cease immediately.
23.2 You shall in no event have any claim against us for loss of rights, loss of goodwill or any other damages upon termination of these Terms and Conditions for any reason.
23.3 Termination of these Terms and Conditions shall not affect any other rights already accrued and shall not affect any provisions of these Terms and Conditions which, in accordance with their provisions, are expressly intended to become or remain in force thereafter. Sections 17 (Liability) and 18 (Indemnification) shall survive the termination of these Terms and Conditions.
24. General Provisions.
24.1 You may not transfer any of your rights under these Terms and Conditions.
24.2 The rights, powers and remedies provided in these Terms and Conditions are (unless expressly provided otherwise) cumulative and not exclusive of any rights, powers and remedies provided by law, or otherwise.
24.3 We outsource the hosting of the Web Site to third parties.
24.4 If the validity or enforceability of any provision of these Terms and Conditions is limited in any way by applicable law, such provision shall be valid and enforceable to the fullest extent permitted by such law. The invalidity or unenforceability of any such provision shall not affect the validity or enforceability of any other provision.
24.5 Our failure or delay in exercising any right, power or remedy provided in these Terms and Conditions or in law shall not constitute a waiver of such right, power or remedy. Our waiver of a breach of any provision of these Terms and Conditions will not constitute a waiver of a subsequent breach of that provision, or a waiver of a breach of any other provision.
24.6 The exercise of the parties' rights under these Terms and Conditions is not conditional on the consent of any third party.
24.7 These Terms and Conditions are for our benefit and yours and are not intended to benefit or be enforceable by any third party.
25. Applicable Law
25.1 These Terms and Conditions, their subject matter and formation (and any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of China.
25.2 Any dispute, controversy, difference or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions, including the existence, validity, interpretation, enforcement, breach or termination or any dispute relating to non-contractual matters the obligations arising out of or in connection with these Terms and Conditions shall be referred to and finally governed by the arbitration administered by China in effect at the time of the submission of the Notice of Arbitration. The law applicable to this arbitration clause is Chinese law. The place of arbitration is China. The number of arbitrators is one. The arbitration proceedings will be conducted in English.
26. Interpretation
26.1 In these Terms and Conditions:
" Contract " means your order for a Product or Products in accordance with these Terms and Conditions, which we accept in accordance with Section 4.3;
"Customer" means any person who places an Order on the Website;
"Delivery Address" means the delivery address set forth in the relevant Order;
"Estimated Delivery Date" means an estimated delivery date for an Order;
"Force Majeure Event" means any event or state of affairs that results or results from a failure or delay on our part in performing any obligation under these Terms and Conditions that is caused by or is the result of any cause beyond our control that was beyond our control, or was materially attributable to any failure on our part to use due diligence to avoid such failure or delay and includes war or threat of war; an act of God; natural or nuclear disaster; riot or civil disturbance; pandemic; terrorist act; malicious damage; fire or flood; compliance with a new law or order of a governmental agency or judicial authority; closure of airports or ports;
“Indemnified Parties” means us, each affiliated company and their respective officers, employees, contractors and representatives. "Intellectual Property Rights" means all intellectual property rights, including patents, trademarks, design rights, copyrights, database rights, trade secrets and all rights of a similar nature;
"Order" means the order submitted by you through our website for the purchase of a product or products from us;
"Order Confirmation" means our email sent to you in which we confirm your order in accordance with Section 4.3;
“Payment Intermediary” means a third party that provides payment processing services and is used by us;
means a product offered on our Web Site;
"Web Site" means the Web Site;
"Website Infrastructure" means any of our systems (including code) that facilitates, provides, or describes the Website;
26.2 References to “sections” are references to sections of these Terms and Conditions.
26.3 Headings are for illustrative purposes only and do not affect the interpretation or construction of these Terms.
26.4 Words denoting the singular also include the plural and vice versa. Gender words include any gender and references to persons include an individual, corporation, company, firm, or partnership.
Email us if you have any questions or comments about these Terms and Conditions, the Web site, or the products.
RalphMattew