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 Defined terms and interpretation of these terms and conditions are set out in section 26.
Acceptance of
2.1 You represent and warrant that:
(a) you are a natural person and are at least 18 years of age;
(b) you are entitled to enter into a legally binding contract with us; and
(c) you are not prohibited from entering into a legally binding contract with us by applicable law or contract.
2.2 We reserve the right to require written confirmation of your authority to accept these Terms and Conditions.
2.3 You represent and warrant that you have not:
(a) not been convicted of a computer or internet crime; and
(b) you have not previously been denied access to the Products or the Site.
2.4 We reserve the right to deny you access to our Website if we consider such denial necessary or appropriate.
2.5 If you place an order:
(a) you represent and warrant that you have carefully and fully read these Terms and Conditions;
(b) an offer to purchase the Order solely in accordance with these Terms and Conditions;
(c) your acceptance that the Order Confirmation will be made solely on the basis of these Terms and Conditions; and
(d) your commitment to us to comply with these Terms and Conditions.
2.6 If you do not agree to these Terms and Conditions, you should not use the Site or purchase Products.
2.7 You must expressly agree to these Terms and Conditions in order to:
(a) submit information to or through our Website; or
(b) purchase a Product.
2.8 By visiting our website, purchasing Products or agreeing to these Terms and Conditions:
(a) you accept and agree to our Privacy Policy; and
(b) you accept and agree to be bound by our Acceptable Use Policy (see section 12 below for further 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.
Personal Use
You acknowledge that you will use the Site to purchase Products for personal and non-commercial use only, as a principal and not as an agent or on behalf of any other person.
Price
4.1 The prices of the Products quoted on our Website include the cost of delivery but exclude any fees, taxes, duties, levies or similar governmental charges ("unpaid and untaxed duties").
4.2 Any fees, charges, duties, taxes or other governmental charges and declarations associated with the importation of Products to the delivery address are your responsibility and must be borne by you and do not include the price of the Products. All deliveries may in some cases involve additional costs for which the Seller is not responsible and which must be borne by the Customer. These include costs in addition to shipping costs, customs duties or import sales tax may also apply if the goods are shipped from a country outside the EU (China), whether customs duties apply to the product should be clarified with our customer service department before placing an order. Customs or import duties are not paid by us and are the responsibility of the buyer. Our goods are always shipped "duty and tax free". The buyer is the "registered importer" and is responsible for the correct payment of import duties and/or taxes and must fully comply with all laws and regulations of the importing country. As import regulations vary from country to country, please check the applicable import duties and taxes in your country before placing an order. It is the buyer's responsibility to fully verify compliance with all laws and regulations of the importing country upon receipt of the goods.
4.3 We make every effort to ensure that all details, descriptions and prices of products listed 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 inform 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 do not receive a response from you, your order will be deemed cancelled and you will receive a full refund. If you choose to re-confirm your order, we will arrange delivery of your order and charge or refund the amounts specified in our notification to you shortly after we receive your re-confirmation of your order together with the form and method of payment used to place your order.
4.4 We are not obliged to process an order if the price quoted on the Website is incorrect (even after we have received the Order Confirmation).
4.5 Prices may change from time to time. However, such changes will not affect orders for which an Order Confirmation has been sent.
Placing an order
5.1 Once an order has been placed, all orders are subject to stock availability. If we have sufficient stock to fulfil your order, you will receive an Order Confirmation, which will serve as our confirmation of receipt of your order. In the event of delivery problems or insufficient stock to fulfil your order, we will notify you by email and refund any payments made for your order.
5.2 The Contract shall only come into existence once we have issued an Order Confirmation and only in relation to the Products specified in the Order Confirmation. These terms and conditions form 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 Site. We will not be liable to you or any third party for removing any Product from our Website or for editing or removing any material or content from our Website.
5.5 We reserve the right to refuse or reject any order placed by you at any time (even after we have sent you an order confirmation). We shall not be liable to you or any third party for any cancellation or rejection of your order.
5.6 If you cancel your order after we have received payment (and even after we have sent you an order confirmation), payment for your order will be refunded to you in full.
Payment
6.1 You may pay for the Products using the payment processor listed on our Website.
6.2 You may also pay for all or part of your order using a promotional voucher provided by us. Promotional coupons can only be entered online at checkout.
6.3 We may use payment processors to process payments between you and us. You agree that we may pass documents and information about you to payment processors, including documents and information containing your personal information.
6.4 We are not a regulated payment processor or money remitter and we are not responsible for any payment problems or errors caused by payment processors.
6.5 You are responsible for providing complete and accurate information during the payment process and all payments must be made from your own funds. By placing an order, the user confirms that:
(a) the payment method used to make the payment is the User's own;
(b) where applicable, that you are the rightful holder of the promotional voucher; and
(c) you have sufficient funds or credit facilities to pay for the order in question.
6.6 We will not be liable for any unauthorised use of your credit, debit or prepaid cards by third parties, even if such cards are reported stolen. We may notify any relevant authorities (including credit reference agencies) of fraudulent payments or other illegal activities.
6.7 You shall not:
(a) make or attempt to make chargebacks in respect of any payment made by you for the Products; or
(b) reverse any payment made by you in relation to the Products.
6.8 You shall fully indemnify us against any reversal or chargeback of any payment made by you and any loss, cost, liability or expense incurred by us in connection with such reversal or chargeback.
Delivery
7.1 We will use our reasonable endeavours to deliver your order to the address you provide when placing your order.
7.2 An estimated delivery date will be given to you when you check your order.
7.3 We may notify you if we do not expect to meet the estimated delivery date, but we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising from late delivery to the extent permitted by law.
7.4 It is possible that we may not be able to deliver the Products to certain locations. If this is the case, we will notify you and arrange cancellation and refund of your order or delivery of your order to an alternative delivery address confirmed by you.
7.5 Risk in the Product will pass to you on delivery to the delivery address, except where delivery is delayed due to your failure to comply with your obligations under these Terms and Conditions. Risk shall pass on the date on which delivery would have taken place had the user not failed to fulfil his/her obligations.
7.6 If you are not available to collect your order, we may leave a card with instructions for the carrier to redeliver or collect your order.
7.7 If there is a delay in delivery or collection caused by your unreasonable refusal to accept delivery or if you fail to accept the order from the carrier, we may charge you for the costs and other expenses we reasonably incur in returning the order to the shipper, without prejudice to any other rights or remedies available to us.
7.8 Goods will be dispatched within 2-120 days after confirmation of receipt of payment. Standard delivery time is 20-30 working days, in exceptional cases up to 16 weeks, unless otherwise stated in the item description. The owner does not carry out direct shipping. The order is dispatched by the manufacturer as soon as the entire order is in stock.
7.9 Any duties, fees, customs charges, taxes or other governmental charges and declarations relating to the importation of the Products to the delivery address are the responsibility of the User and must be borne by the User and do not include the price of the Products. All deliveries may in some cases incur additional costs for which the Seller is not responsible and which must be borne by the Customer. These include costs in addition to shipping costs, customs duties or import sales tax may also apply if the goods are shipped from a country outside the EU (China), whether customs duties apply to the product should be clarified with our customer service department before placing an order. Customs or import duties are not paid by us and are the responsibility of the buyer. Our goods are always shipped "duty and tax free". The buyer is the "registered importer" and is responsible for the correct payment of import duties and/or taxes and must fully comply with all laws and regulations of the importing country. As import regulations vary from country to country, please check the applicable import duties and taxes in your country before placing an order. It is the buyer's responsibility to fully verify compliance with all laws and regulations of the importing country upon receipt of the goods.
Cancellation or modification of orders
8.1 Once you have placed an order through our website, you may cancel or modify your order by sending us an email. This is provided that we have been able to process the email in time. We cannot guarantee that we will be able to cancel your order. We work with automated systems. Busyness also plays a role. We are not responsible for the cancellation process and will do our best to process it in time.
8.2 Once your order has been packed, it cannot be cancelled or changed and must instead be returned to us in accordance with section 10 below. As our goods are shipped from Asia, there may be longer transit times over which we have no control. If the products are already on their way to you, cancellation of your order is not possible. You must wait for the goods to be received and send them back to us. You can, of course, inform us of the cancellation in advance. In order to guarantee the fastest possible return, please send us a shipping confirmation. An early refund is possible at the earliest 16 weeks after receipt of the order if the goods have not been received.
8.3 As we operate on a fully automated system, the processing of orders starts as soon as they are placed. Therefore, unfortunately we cannot interrupt the shipping process until delivery, so returns prior to receipt of goods are only possible up to 24 hours after the order has been placed.
Unhealthy products
9.1 You acknowledge that the Products are standard and are not tailored to your specific requirements.
9.2 All product descriptions, information and materials listed on the Site are provided "as is" and without express or implied warranties or guarantees of any kind.
9.3 Product images may differ slightly from the actual product you receive.
9.4 If the product you receive is faulty, you must send us an email and inform us of the product to be returned and a photo of the faulty product.
9.5 You may return the product to us in accordance with clause 10.
9.6 We will examine the product upon receipt. Our processing time will vary depending on your order.
9.7 We will send you an email if we are convinced that the product is defective.
9.8 Our sole liability to you in relation to defective products is (at our discretion) to:
(a) replace the Product and pay the delivery charge for the Products to the Delivery Address, whereby 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. This amount will be paid to you by payment into the account from which we received payment, using the same payment method.
9.9 If we determine that the Product is not defective, we may, at our sole discretion, decide not to give you a refund for the Product and may require you to pay any reasonable service charges and charge them to the payment method used to place the order. We will not be liable for any loss, liability, costs, damages, fees or expenses incurred as a result of this clause to the extent permitted by law.
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Returns and Refunds
10.1 Our Returns Policy forms part of these terms and conditions under which you may access and use our website.
10.2 If you are not completely satisfied with your order, you may notify us by email which product you wish to return and return it to us.
The cancellation period is 14 days from the day on which the user or a third party designated by the user, who is not the carrier, has received or has received the last goods. Return form with return address: CLICK HERE
10.3 The return shipping costs shall be borne by the customer.
10.4 The product must be received by us in order for the customer to receive a refund. We will check the returned product upon receipt.
10.5 The customer must ensure that the Product is sent to us in the same condition in which they received it and that it is properly packaged. The Product must be unused, the labels must not have been tampered with and the Product must be in its original packaging. If the product is returned in an unsuitable condition, we reserve the right to refuse its return.
10.6 The processing time for a return depends on the order.
10.7 If we are satisfied with the condition of the returned product, we will send an email authorising the return. Once we have sent notification of the return authorisation, the amount will be refunded to the account used to place the order within a short period of time.
10.8 Cancellation is complete when we receive the physical goods.
10.9 As our goods are shipped from Asia, there may be longer transit times over which we have no control. If the goods are already on their way to you, cancellation is not possible. You must wait for the goods to be received and send them back to us. You can of course inform us of the cancellation in advance. In order to guarantee the fastest possible return, please send us a shipping confirmation. An early refund is possible at the earliest 16 weeks after receipt of the order if the goods have not been received.
Coupons
11.1 You may use our promotional coupons or discounts when paying for products on the Website.
11.2 To redeem a coupon or apply a discount, the coupon or discount code must be entered on the payment page of your order.
11.3 Once a coupon code or discount code has been entered and applied, the coupon or discount will be deducted from the total order amount at checkout.
12.4 You may only redeem or use one promotional coupon or discount per order.
11.5 Funds on a promotional voucher do not earn interest and have no cash value.
11.6 If the balance of the promotional voucher is not sufficient to complete your order, you may pay the difference using a separate payment method available on the Website.
11.7 If you have used a promotional voucher on an Order that has been returned, you will not be refunded the value of the promotional voucher. However, if you have paid part of the amount via another payment method, that part may be refunded.
Acceptable use
12.1 You must not ("Prohibited Activities"):
(a) use our Website in any way or take any action that causes or is likely to cause damage to the Website or impair the performance, availability or accessibility of the Website;
(b) use our Website in an unlawful, fraudulent or harmful manner or in connection with any unlawful, fraudulent or harmful purpose or activity
(c) use our website to copy, store, host, transmit, use, publish or distribute any material consisting of (or related to) spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit 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 relation to our website without our express written consent
(e) access or otherwise interact with our website by robot, spider or other automated means;
(f) violate the guidelines contained in the robots.txt file for our site;
(g) use data collected from our website for direct marketing activities (including email marketing, SMS marketing, telemarketing or direct mailing);
(h) use data collected from our website to contact individuals, companies or other persons or entities
(i) use or direct the website to interact with any entity unless you are expressly authorised to do so;
(j) use any website infrastructure, directly or indirectly, to initiate, promote, participate in, conduct or attempt to attack, hack or send bandwidth-hogging, malicious or potentially harmful network messages to any device, whether owned by us or not
(k) directly or indirectly copy, publish, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to obtain or access the structure or source code of the Site (whether to create derivative works from the source code or otherwise);
(l) use or access the Site to aggregate similar or competing products or services or disclose any comparative analysis or comparative product research to any third party;
(m) sell, assign, sub-license, transfer, distribute or lease access to the Site
(o) make the Site available to third parties via a private computer network
(p) edit or otherwise alter the content or paper or digital copies of any material printed or copied from our Website
(q) use the Website in any manner prohibited by any law or regulation applicable to the use of the Website
(r) ask illegal questions or send illegal orders; or
(s) place speculative, false or fraudulent orders.
12.2 You acknowledge that you are liable to us for any damage, loss, liability, cost or expense incurred by us as a result of or in connection with any prohibited activity performed or authorised by you.
12.3 You agree to notify us as soon as reasonably practicable when you become aware that a person is committing a prohibited act. You will provide us with reasonable assistance in connection with any investigations we may undertake as a result of information provided by you in this regard.
12.4 You must ensure that any information you provide to us through our Website or in connection with our Website or Products
(a) is true, accurate, current, complete and not misleading
(b) complies with all applicable laws and regulations
(c) does not violate the privacy, data protection, confidentiality, intellectual property or other rights of any person; and
(d) are not offensive, abusive, pornographic, defamatory, unreliable, misleading, unlawful or otherwise objectionable.
12.5 You will promptly provide any documents or other information requested by us to verify your identity. You will promptly update any information you provide to us so that all of your information is complete and accurate at all times.
12.6 You must comply with, and it is your sole responsibility to ensure that you comply with, all applicable laws in relation to your use of the Website, whether based on your country of residence, where you access the Website or otherwise.
12.7 Please email us if you become aware of any material or activity on our Website that violates these terms.
Links to the Website
13.1 Links from our website to other websites and resources provided by third parties are provided for information purposes only. Links to other websites and resources from our Website should not be construed as a recommendation or endorsement by us of those linked websites or resources or any information obtained from them.
13.2 You acknowledge and agree that we have no right or control over the content of any other websites and resources linked or referenced on our Website.
13.3 You may link to our Website provided that you do so in a way that is fair and lawful and does not damage our reputation or take advantage of it.
13.4 You must not link in a way that suggests any form of association, approval or endorsement on our part where none exists.
13.5 You must not link to our site from a site that is not owned by you.
13.6 You must not frame our Site on any other website or link to any part of our Site other than the Home Page.
13.7 We reserve the right to withdraw permission to link without notice.
13.8 The linked Website must comply in all respects with the content standards set out in our Acceptable Use Policy (see section 12 above).
13.9 Please contact us for prior permission to link to our website that does not comply with this section 13.
Intellectual property rights
14.1 The code, structure and organisation of the Website are protected by intellectual property rights.
14.2 We are the owner or licensee of all intellectual property rights in our Website and the 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 Website and all content on the Website solely for your personal and non-commercial use and in accordance with these Terms. The content on the Site includes content relating to the Products.
14.4 You agree to notify 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 form part of the material you use (and accurately reproduce) in accordance with clause 13 above.
Privacy Policy
15.1 Our Privacy Policy forms part of these terms and conditions under which you may access and use our website.
15.2 We use cookies on our website. We also use cookies to track how our customers prefer to browse our website. By accepting these terms and conditions, you also consent to our use of cookies for this purpose. Please see our privacy policy for more information about cookies.
15.3 If you provide us with personal data, we will process that personal data in accordance with your instructions from time to time and will take appropriate security measures to protect that personal data from unauthorised and unlawful processing and from accidental loss, destruction or damage.
15.4 Unless specific security measures are appropriate or otherwise agreed in writing, information and documents created as part of the sale of the Products may be shared between us and in particular such information and documents may be available electronically to any of our employees, officers, consultants or agents.
Viruses
16.1 We do not guarantee that our website will be secure or free from bugs or viruses.
16.2 You are responsible for configuring your information technology, computer programs and platform to access our website. The user must use their own anti-virus software.
16.3 The user must not abuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
16.4 You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.
16.5 You must not attack our website using a denial of service attack or a distributed denial of service attack.
16.6 If we believe that you have breached this clause 16, your right to use our website will be immediately terminated. We may report any breach to the relevant law enforcement authorities and will do so if we are required to do so by applicable law.
Liability
17.1 Subject to clause 17.13, we exclude all liability to the fullest extent permitted by law and will not be liable for any loss suffered by you or any other person arising from:
(a) Third Party Content or User Content;
(b) our Content, in particular its accuracy, completeness or timeliness
(c) the products and in particular the quality, images, description or specifications, conformity with description and reasonable fitness for purpose of the products
(d) your reliance on any information contained in or features provided on or through these Terms or our website
(e) your inability to access the Website or any part of it, or access is interrupted or partial, or operates with errors, at any time; and
(f) our failure to perform any obligation or delay in performing any obligation, whether or not we give prior notice, if and to the extent that the failure or delay is caused by circumstances beyond our reasonable control, including telecommunications failure power failure, terrorism, fuel strikes, severe weather conditions, computer failure, failure of suppliers to meet delivery requirements, labour disputes and absence of staff due to illness or injury, and the time for performance of any affected obligation 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 Conditions for loss of profit, loss of business opportunity, loss of goodwill, loss of anticipated savings or benefits or for indirect, special or consequential loss or damage even if such loss or damage was reasonably foreseeable or the relevant party was aware of the possibility of such loss or damage.
17.3 Our liability arising directly or indirectly out of these Terms (including your purchase of Products from us under these Terms), or which is not otherwise expressly excluded under these Terms, shall be limited to the greater of $1,000 or a multiple of five times the price paid by you for the Products giving rise to the liability. The amount of this limitation of liability will be reduced by the amount of any unpaid amounts owed 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 brought within one year of the act or omission that allegedly caused the loss or expense.
17.5 Except to the extent that claims may not be excluded or limited by law, no claim arising out of or in connection with these Terms may be brought by you personally against any of our employees, officers, consultants or other agents involved in the performance of the relevant obligations.
17.6 All representations or warranties, whether contractual or non-contractual, and all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade custom, commercial practice or otherwise (including implied warranties of satisfactory quality, conformity to description and reasonable fitness for purpose) are excluded to the maximum extent permitted by law.
17.7 Only one claim arising from any one act or omission may be brought against us (including our employees, officers or consultants). An act or omission includes a set of related acts or omissions, the same act or omission in a set of related causes of action, or similar acts or omissions in a set of related causes of action and includes all claims arising from a single cause of action.
17.8 The limitations in this clause 17 apply to our total liability to you (including all other third parties to whom we are liable, with or without our consent) in respect of any Claim, and you and all such other persons may bring a Claim against us only once in respect of the same Loss.
17.9 Where a limitation of liability applies, irrespective of the amount, that limitation will apply to the entire provision of the 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 or any persons nominated by you as a Business User.
17.10 If we are jointly and severally liable with another party, we will only be obliged to pay to you the portion that is reasonably attributable to our fault. We shall not be obliged to pay to you the portion resulting from the fault of another party for which the other party would otherwise be liable.
17.11 Our liability to you will be reduced by the portion for which the other party would have been held liable had
(a) You also brought an action or claim against the other party; or
(b) We would have brought an action or claim against the other party under the Civil Liability Ordinance (Contribution) or similar law in any other relevant jurisdiction.
17.12 In assessing whether other parties may be liable to you, no account shall be taken of your inability to pursue remedies against another party because of the limitation of remedies against that party, that party's lack of resources or reliance by that party on exclusions or limitations of liability or the fact that the other party has ceased to exist.
17.13 The exclusions and limitations of liability contained in these terms and conditions do not affect our liability for
(a) for death or personal injury resulting from our negligence
(b) for fraud or reckless disregard of professional duties;
(c) for any other liability which cannot be excluded or limited in the jurisdiction to which the claim is subject, including any limitation on our right to limit our liability; and
(d) in any other case, to limit our liability to an amount less than the minimum amount that may be required in the circumstances under any other law or regulation governing the claim, in which case such minimum amount will be deemed to be in lieu of the amount that would otherwise apply.
17.14 These provisions exhaust the remedies available to a party or third party against any party arising out of or in connection with these Conditions.
Indemnity
18.1 You shall, on demand, fully indemnify the Indemnified Parties against all claims, costs and losses of any kind which the Indemnified Parties may suffer as a result of or in connection with:
(a) any material breach by you of these terms and conditions;
(b) any fraud, negligence, misconduct or reckless disregard in relation to your obligations under these terms and conditions; and
(c) your use of our website.
18.2 We shall be entitled to recover all reasonable costs incurred by us in relation to a claim covered by the indemnity and all such costs shall be payable on demand.
Force Majeure Event
19.1 If a Force Majeure Event lasts for more than one week, we may terminate the Terms immediately on written notice and without liability other than to reimburse you for any Product you have already paid for but which has not yet been delivered.
19.2 We reserve complete discretion as to the solution we choose to fully comply with our obligations under these Terms in the event of Force Majeure.
Changes
20.1 We may change these Terms and Conditions from time to time. We will notify you in advance of any material changes that we believe may adversely affect you. We will notify you of any changes to these Terms and Conditions. The current Terms and Conditions apply to your use of our website and all products offered through it.
20.2 If you do not agree to the amended terms, you must stop using our website or purchasing our products.
20.3 If you have expressly agreed to these terms and conditions, we will ask you to expressly agree to any changes to these terms and conditions before you make your first purchase of products after the change comes into effect. If you do not expressly agree to the amended terms within the timeframe we specify, you must stop using the website or purchasing our products.
Breach of terms and conditions by the user
21.1 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or 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 your order
(d) refuse to accept any payment from you
(e) permanently refuse your access to our website
(f) deny computers with your IP address access to our website
(g) contact one or more internet service providers and ask them to block your access to our website; or
(h) take legal action against you, whether for breach of contract or any other reason.
21.2 If we suspend, prohibit or block your access to our website or any part of it, you must not take any action to circumvent such suspension, prohibition or blocking.
Termination and suspension
22.1 You may terminate your use of the website at any time.
22.2 We may suspend your provision of the Site at any time, with or without cause, with or without notice.
22.3 Subject to clause 22.2, we may suspend or terminate your access to this Website if your use of the Website causes or threatens to cause legal liability of any kind or otherwise interferes with the use of the Website by others.
22.4 If we suspend or terminate your access to the Website, we will endeavour to notify you in advance. However, we may, at our sole discretion, immediately suspend or terminate your access to the Website without notice.
22.5 We do not guarantee that our Website will always be available or be uninterrupted. We may interrupt, suspend, withdraw or limit the availability of all or part of our Website 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 for any interruption, suspension, withdrawal or modification of the website.
Consequences of termination
23.1 Upon termination of these General Terms, all obligations to provide Customer Support will immediately cease.
23.2 In no event will you be entitled to compensation for loss of rights, loss of goodwill or any other type of damage after termination of these General Terms for any reason.
23.3 The termination of these General Terms and Conditions will not affect any other rights already acquired and will not affect the provisions of these General Terms and Conditions that are intended to come into force or remain in force after their termination. Sections 17 (Liability) and 18 (Indemnification) will remain in force even after the termination of these General Terms and Conditions.
General provisions
24.1 You may not assign any of your rights under these General Terms.
24.2 The rights, powers and remedies set out in these Terms and Conditions are (unless expressly stated otherwise) cumulative and do not exclude any rights, powers and remedies provided by law or otherwise.
24.3 We outsource the hosting of the Website to a third party.
24.4 If the validity or enforceability of any provision of these Terms and Conditions is in any way limited by applicable law, that 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 Failure or delay in exercising any right, power or remedy provided by these Terms or by law shall not constitute a waiver of that right, power or remedy. A waiver by us of a breach of any provision of these General Terms shall 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 General Terms and Conditions shall not be subject to the consent of any third party.
24.7 These Terms and Conditions are intended to be for the benefit of the Company and you and are not intended to be beneficial or enforceable by any third party.
Applicable Law
25.1 These Terms and Conditions, their subject matter and construction (and any non-contractual disputes or claims) shall be governed by and construed in accordance with Chinese law.
25.2 Any dispute, controversy, difference of opinion or claim (including any non-contractual dispute or claim) arising out of or in connection with these Terms, including the existence, validity, interpretation, performance, breach or termination of these Terms or any dispute concerning non-contractual obligations arising out of or in connection with these Terms, shall be referred to and finally resolved by arbitration before an arbitration tribunal administered by China in force at the time the arbitration notice is filed. The law applicable to this arbitration clause shall be Chinese law. The place of arbitration shall be China. The number of arbitrators shall be one. The arbitration will be conducted in English.
Terms of the arbitration (selective)
Description of company structure.
The goods offered on Emiblue.com are not expressly sold by Emiblue.
Emiblue. The goods offered are sold by Seller (company name
insert foreign company). This means that the sales contract is concluded between the buyer and the seller.
Seller. Emiblue does not become a party to these contracts in any way.
Emiblue will only offer an intermediary platform.
The general terms and conditions applicable between the seller and the buyer can be found at the end of this document.
of this document. Note: These general terms and conditions apply between
Buyer and Seller and therefore cannot be enforced against the Website Owner.
If the Seller is established in a country belonging to the European Union or in Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies.
Iceland, the European Distance Selling Directive shall apply to the concluded contracts.
Contracts. Accordingly, all rights and warranties listed in this Directive shall apply.
shall apply.
Terms and conditions of mediation
Article 1 - Definitions
For the purposes of these Terms and Conditions of Mediation, the following definitions shall apply:
Website: www.Emiblue.com. This refers to the platform provided. It also includes
also includes all sub-domains.
Owner of the Website: EmiblueCompany based and registered in Hong Kong.
Buyer: a person who makes a purchase from the Seller through the above website.
Seller: a foreign company which, as a manufacturer or supplier, sells goods to the Buyer.
sells to the Buyer.
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Article 2 - Buyer's rights
If the Seller is established in a country belonging to the European Union, Norway, Liechtenstein or Iceland.
Iceland, the European Distance Selling Directive shall apply to the contracts concluded.
Contracts. Accordingly, all rights and guarantees provided for in this Directive shall apply.
inter alia, apply:
The seller must provide the buyer with information on taxes, payment, delivery and performance of the contract in a clear and
the contract clearly and in writing within a reasonable period of time.
The buyer should receive the order within 30 days, unless a different period has been agreed. W
In the event that a product is not (or is no longer) available, the Seller shall inform the Buyer.
of this fact. Any (pre)payment will be refunded to the Buyer's account within 30 days, unless otherwise agreed.
unless the Seller supplies an equivalent product.
The Buyer has the right to withdraw from the contract for at least 14 days, which means that the Buyer can return the goods without stating a reason.
If there is no reason, the Buyer may return the purchased goods. Any shipping costs incurred in such a situation
in this situation shall be borne by the Buyer. Any (un)payment must be returned within thirty days.
The refund will be made to the bank account indicated by the Buyer.
Article 3 - Intermediary service
The offer of goods on the website is not sold by the owner of the website. These
goods are sold by the seller. When the goods are purchased, a purchase
purchase contract between the buyer and the seller.
The goods are sold through the Site by the Seller.
The owner of the Website provides an intermediary service to the Seller. When ordering goods
through the Website, the Website owner is authorised as an intermediary on behalf of and for the account of the
the buyer. The Website Owner is therefore authorised to place an order with the Seller on behalf of and for the account of the buyer.
orders from the Seller.
The Seller is based outside of Poland and the goods in question are therefore imported,
This is always done on behalf of the buyer. Additional costs, such as import VAT and
(customs) must also be borne by the Buyer.
Payments to the owner of the website are made exclusively for the provision and
and maintenance of the mediation platform.
Article 4 - Financial settlement
Payment for the purchased product shall be made through the owner of the website and the sales price shall be
minus a predetermined brokerage fee to the Vendor.
The Seller determines the prices used on the website.
The Seller pays the Website Owner a fixed amount for the product sold. This amount is specified in
another contract and includes only the delivery and maintenance of the mediation platform.
mediation platform.
Article 5 - Complaints
1 The Buyer may submit any complaints concerning the performance of the contract to the Seller.
to the seller.
2 The seller will respond to any complaint received within fourteen days.
3 In the event of dissatisfaction with the procedure referred to in paragraph 1 of this article, the buyer may apply to the
to the Disputes Committee of the European ODR platform
(https://ec.europa.eu/consumers/odr/).
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 clause 4.3;
"Customer" means any person who places an order on the Website;
"Delivery Address" means the delivery address specified in the relevant Order;
"Estimated Delivery Date" means the estimated delivery date of the Order;
"Force Majeure Event" means any event or condition which leads to or results in a failure or delay in our performance of any obligation under these terms and conditions which is caused by or arises from a cause beyond our reasonable control which was not caused by or substantially attributable to our failure to exercise reasonable care to avoid such failure or delay, and includes war or the threat of war natural or nuclear catastrophe, civil commotion or riot, pandemic, act of terrorism, malicious damage, fire or flood, compliance with a new law or order of a governmental or judicial authority, closure of airports or ports, or any commercial dispute unrelated to the party affected by the event or situation causing the interruption or delay of the work;
"Released Parties" means us, each Affiliate and their respective officers, employees, contractors and agents. "Intellectual Property Rights" means all intellectual property rights, including patents, trademarks, design rights, copyrights, database rights, trade secrets and any rights of a similar nature;
"Order" means an order placed through our website to purchase a product or products from us;
"Order Confirmation" means our email to you confirming your Order in accordance with clause 4.3;
"Payment Intermediary" means the third party payment processing provider we use;
"Product" means the product offered on our Website;
"Website" means the Website;
"Site Infrastructure" means all of our systems (including code) that facilitate, make available or describe the Site;
26.2 References to "Sections" means references to sections of these Terms and Conditions.
26.3 Headings are for clarification purposes only and shall not affect the interpretation or construction of these Terms and Conditions.
26.4 Words denoting the singular include the plural and vice versa. Words denoting gender include any gender and references to persons include individuals, companies, corporations, firms or partnerships.
26.5 Intermediary company (us) information about the intermediary company
E-mail address: help@emiblue.com
If you have any questions or comments about these Terms, the Site or the Products, please email us.
