Terms and Conditions
Viarla
The Netherlands, Castricum, 1901PV, Meester Dekkerstraat 4
1. Introduction
1.1 These General Terms and Conditions apply to the use of our website or the purchase of products offered through our website.
1.2 Defined terms and interpretations for these terms and conditions are set out in paragraph 26.
2. Acceptance
2.1 You declare and guarantee that:
(a) You are a natural person and are at least 18 years old;
(b) You have the authority to enter into a legally binding contract with us; and
(c) You are not prevented by applicable laws or treaties from entering into a legally binding contract with us.
2.2 We reserve the right to request written confirmation of your authority to agree to these terms and conditions.
2.3 You declare and guarantee that you will not:
(a) have been convicted of a computer or internet-related crime; and
(b) have in the past refused products or access to the website.
2.4 We reserve the right to refuse you access to our website if we deem such refusal necessary or appropriate.
2.5 Placing an order means:
(a) Your representation and warranty that you have read these terms and conditions carefully and in full;
(b) Your offer to purchase the order exclusively in accordance with these terms and conditions;
(c) Your agreement that any 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 may not use the website or purchase any products.
2.7 You must expressly agree to these terms and conditions in order to:
(a) to submit information to or through our website; or
(b) to buy a product.
2.8 By visiting our website, purchasing products, or agreeing to these terms and conditions:
(a) you also agree to our privacy policy and
(b) you agree to and will comply with our Acceptable Use Policy (see paragraph 12 below for further details).
2.9 We recommend that you print a copy of these General Terms and Conditions for future reference.
2.10 If you do not agree to these terms and conditions, you cannot place an order or communicate with us.
3. Personal use
You confirm that you will use the website to purchase products only for your own personal and non-commercial use, as the client and not as an agent or on behalf of any other person.
4th prize
4.1 The prices for products listed on our website include delivery costs but exclude all fees, taxes, duties, levies or similar government charges ("duty unpaid and untaxed").
4.2 All customs duties, fees, taxes, or other official charges and declarations for importing the products to the delivery address are your responsibility and are not included in the product price. Additional costs may apply to individual deliveries, for which the seller is not responsible and which must be borne by the customer. These include, in addition to shipping costs, customs duties or import VAT, as the goods are shipped from a non-EU country (China). Whether customs duties apply to a product should be clarified with our customer service before ordering. Customs duties or import VAT are not paid by us and must be borne by the buyer. Our goods are always shipped "duty unpaid and untaxed." The buyer is the "importer of record" 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 import regulations vary from country to country, please check your country's customs duties and import taxes before placing your order. The buyer is responsible for fully verifying compliance with all laws and regulations of the importing country upon receipt of the goods.
4.3 We will make every effort to ensure that all details, descriptions, and prices of the products appearing on our website are correct. However, there may be instances where errors occur. If we discover a pricing error, we will inform you as soon as possible and give you the option 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, the order will be treated as canceled, and you will receive a full refund. If you choose to reconfirm your order, we will arrange for its delivery and invoice or refund you as indicated in our notification to you shortly after receiving your reconfirmation of your order via the payment form and method you used for the order.
4.4 We are not obliged to fulfill an order if the price shown on the website is incorrect (even after you have received an order confirmation).
4.5 Prices may change from time to time. However, such changes will not affect an order for which an order confirmation has been sent.
5. Place an order
5.1 Once you have placed an order, all orders are subject to stock availability. If we have sufficient stock to fulfill your order, you will receive an order confirmation, which serves as our acknowledgment of receipt of your order. In the event of delivery difficulties or stock unavailability to fulfill your order, we will notify you by email and refund all payments made for the order.
5.2 A contract is only concluded when we have issued you an order confirmation and only with regard to the product(s) contained in the order confirmation. These General Terms and Conditions form part of the contract and are incorporated to the exclusion of all 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 separate times.
5.4 We reserve the right to remove products from the website at any time. We also reserve the right to edit or remove any material or content from the website. We are not liable to you or any third party for the removal of a product from our website or the editing or removal of materials or content from our website.
5.5 We reserve the right to refuse or cancel any order you have placed at any time (even after we have sent an order confirmation). We cannot be held liable to you or any third party for the cancellation or rejection of an order.
5.6 If we cancel your order after we have received payment (and even after we have sent an order confirmation), you will be fully refunded the payment for the order.
6. Payment
6.1 You can pay for the products using one of the payment providers listed on our website.
6.2 You can also pay for your order in whole or in part with a promotional voucher provided by us. Promotional vouchers can only be entered online at checkout.
6.3 We may use payment intermediaries to process payments between you and us. You agree that we may share documents and information about you with the payment intermediaries, including documents and information containing your personal data.
6.4 We are not a regulated payment processor or money service provider and are not responsible for payment defaults or problems 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 from your own funds. By placing an order, you confirm that:
(a) the payment method used for payment belongs to you;
(b) if applicable, 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 are not liable or responsible for the unauthorized use of your credit, debit, or prepaid cards by third parties, even if these cards have been reported stolen. We are entitled to inform all relevant authorities (including credit reference agencies) of any fraudulent payment or other illegal activity.
6.7 They will not:
(a) initiate or attempt to initiate chargebacks in respect of a payment you have made for products; or
(b) Reverse payments you have made in respect of products.
6.8 You will fully indemnify and hold us harmless in respect of any chargebacks or reversals of payments you have made, as well as in respect of any losses, costs, liabilities or expenses we incur as a result of or in connection with such chargebacks or reversals.
7th delivery
7.1 We will endeavor to deliver your order to the delivery address provided when placing the order.
7.2 At checkout of your order, we will provide an estimated delivery date.
7.3 We may notify you if we are unlikely to meet the estimated delivery date, but we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses resulting from a delayed delivery, to the extent permitted by law.
7.4 We may be unable to deliver products to certain locations. In this case, we will inform you and either cancel and refund the order or deliver the order to another delivery address confirmed by you.
7.5 The entire risk for the product passes to you upon delivery to the delivery address, unless delivery is delayed due to a breach of your obligations under these Terms and Conditions. The risk passes at the point in time when delivery would have taken place had you not breached the agreement.
7.6 If you are unable to accept delivery or collection of your order, we can leave a card with instructions for redelivery or collection by the carrier.
7.7 If delivery or collection is delayed due to your unreasonable refusal to accept delivery, or if you fail to accept delivery or collect your order from the carrier, we may charge you all fees and other costs reasonably incurred by us in returning the order to the sender, without prejudice to any other rights or remedies available to us.
7.8 Goods are shipped within 2-20 days after confirmed receipt of payment. The standard delivery time is 7-12 working days, in exceptional cases up to 4 weeks, unless otherwise stated in the item description. The owner does not ship directly. The order is shipped by the manufacturer as soon as the entire order is in stock there.
7.9 All customs duties, fees, taxes, or other official charges and declarations for importing the products to the delivery address are your responsibility and are not included in the product price. Additional costs may apply to all deliveries in individual cases, for which the seller is not responsible and which must be borne by the customer. These include, in addition to shipping costs, customs duties or import VAT, as the goods are shipped from a non-EU country (China). Whether customs duties apply to a product should be clarified with our customer service before ordering. Customs duties or import VAT are not paid by us and must be borne by the buyer. Our goods are always shipped "duty unpaid and untaxed." The buyer is the "importer of record" and is responsible for the proper payment of customs duties and/or import VAT and must fully comply with all laws and regulations of the importing country. Since import regulations vary from country to country, please check your country's customs duties and import VAT before placing your order. The buyer is responsible for fully verifying compliance with all laws and regulations of the importing country upon receipt of the goods.
8. Cancellation or modification of orders
8.1 Once an order has been placed via our website, you can cancel or change your order by sending us an email.
8.2 Once an order has been packed, it can no longer be canceled or changed; instead, the order must be returned to us in accordance with paragraph 10 below. As our goods are shipped from Asia, longer transit times may occur, which are beyond our control. If the goods are already on their way to you, cancellation is not possible. Please wait until you have received the goods and then return them to us. Of course, you can still inform us of your cancellation beforehand. To guarantee the fastest possible return, please send us proof of shipment. An early refund is possible no earlier than 16 weeks after receipt of the order if the goods have not been received.
8.3 Since we operate with a fully automated system, orders are processed immediately after submission. Therefore, we unfortunately cannot interrupt the shipping process until delivery, meaning that a refund before receiving the goods is only possible up to 24 hours after ordering.
9. Defective products
9.1 You acknowledge that the products are standard products and are not custom-made to meet your specific requirements.
9.2 All product descriptions, information and materials provided on the website are provided without warranty of any kind, express or implied, guarantees or other assurances.
9.3 The product images may differ slightly from the actual product you will receive.
9.4 If the product you receive is faulty, you can send us an email informing us about the product to be returned and attaching a picture of the faulty product.
9.5 You can return the product to us in accordance with paragraph 10.
9.6 We will inspect the product upon receipt. Our processing time depends on your order.
9.7 We will notify you by email if we are convinced that the product is faulty.
9.8 Our sole obligation to you in respect of defective products is to either (at our sole discretion):
(a) to replace the product and pay the delivery costs for sending the products to the delivery address, for which you must return the faulty product to us and we will then deliver a replacement product to the delivery address; or
(b) We will pay you an amount equal to the price of the product and the cost of returning the faulty product to us. We will pay this amount to you by making a payment to the account from which we received the original 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 refund the purchase price of the product and may require you to pay all reasonable service charges, which will be applied to the payment method used for the order. We will not be liable to you for any losses, liabilities, costs, damages, fees, or expenses arising from this paragraph, to the extent permitted by law.
10. Returns and Refunds
10.1 Our return policy is part of these Terms and Conditions, which govern your access to and use of our website.
10.2 If you are not completely satisfied with your order, you can send us an email informing us of the product to be returned and send the product back to us. The cancellation period is 30 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last item.
10.3 Return shipping costs are to be borne and paid by the customer.
10.4 The product must have been received by us in order for the customer to be entitled to a refund. We will inspect the returned product upon arrival.
10.5 You must ensure that the product is returned to us in the same condition in which you received it and that it is properly packaged. The product must be unused, the product 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 the return.
10.6 Our processing time for returns depends on your order.
10.7 If we are satisfied with the condition of the returned product, we will send you an email authorizing your return. A refund will be issued shortly to the payment method used for the order after we have sent you notification of the approval of your return.
10.8 The cancellation is complete when the physical goods have been received by us.
10.9 Since our goods are shipped from Asia, delivery times may be longer than usual, which are beyond our control. If the goods are already on their way to you, cancellation is not possible. Please wait until you have received the goods and then return them to us. Of course, you can still inform us of your cancellation beforehand. To guarantee the fastest possible return, please send us proof of shipment. An early refund is possible no earlier than 16 weeks after receipt of the order if the goods have not been received.
11. Vouchers
11.1 You can use our promotional vouchers or discounts while making payment for products on the website.
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 After entering and applying the voucher or discount code, the voucher or discount will be taken into account in the total amount of your order at checkout.
12.4 You can only redeem or use one promotional voucher or discount per order.
11.5 The credit of a promotional voucher does not accrue interest and has no cash value.
11.6 If the credit balance of a promotional voucher is insufficient for your order, you can pay the difference using a separate payment method available on the website.
11.7 If you use a promotional voucher for an order that has been returned, the value of the promotional voucher will not be refunded. However, if you paid part of the order using a separate payment method, that part can be refunded.
12. Permitted Use
12.1 You must not do (“Prohibited Actions”):
(a) use our website in any way or take any action which causes or may cause damage to the website or impair the performance, availability or accessibility of the website;
(b) to use our website in a manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) to use our website to copy, store, host, transmit, send, use, publish or distribute material that consists of (or is associated with) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits or other malicious computer software;
(d) to carry out 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) accessing or otherwise interacting with our website using a robot, spider or other automated means;
(f) to violate the guidelines set out in the robots.txt file for our website;
(g) to use the data collected from our website for any direct marketing activities (including email marketing, SMS marketing, telemarketing or direct mailing);
(h) to use the data collected from our website to contact individuals, companies or other persons or entities;
(i) to use or instruct the website to interact with devices, unless you are expressly authorized to do so;
(j) to use the infrastructure of the website directly or indirectly to initiate, promote, participate in, direct or attempt to hack attacks or to send bandwidth-intensive, malicious or potentially harmful network messages to any device, whether owned by us or not;
(k) directly or indirectly to copy, publish, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive or access the structure or source code of the website (whether to create derivative works of the source code or otherwise);
(l) to use or access the website to create a similar or competing product or service, or to share a benchmarking or comparative study of products with third parties;
(m) To sell, assign, sublicense, transfer, distribute or rent your access to the website;
(o) to make the website accessible to a third party via a private computer network;
(p) To edit or otherwise alter in any way the content or paper or digital copies of materials printed or copied from our website;
(q) to use the website in a manner prohibited by laws or regulations applicable to the use of the website
(r) to make impermissible requests or place impermissible orders; or
(s) placing speculative, false or fraudulent orders.
12.2 You acknowledge that you are liable to us for all damages, losses, liabilities, costs or expenses that we suffer or incur and that arise from or in connection with any prohibited act performed or permitted by you.
12.3 You undertake to notify us as soon as possible after you become aware of a person committing a prohibited act. You will provide us with reasonable assistance in any investigations we may conduct based on the information you provide in this regard.
12.4 You must ensure that all information you provide to us via our website or in relation to our website or the products:
(a) are true, accurate, current and complete and are not misleading;
(b) comply with all applicable laws and regulations
(c) does not infringe upon the privacy, protection of personal data, confidentiality, intellectual property rights, or other rights of any person; and
(d) is not offensive, abusive, pornographic, libelous, unreliable, misleading, illegal or otherwise objectionable.
12.5 You will promptly provide us with all documents or other information that we request from you to verify your identity. You will promptly update all information you provide to us so that all your information with us is complete and accurate at all times.
12.6 You must comply with all applicable laws relating to your use of the website and it is your sole responsibility to ensure that you comply with them, whether based on the country of your residence, the location from which you access the website or otherwise.
12.7 Please send us an email if you become aware of any material or activity on our website that violates these terms and conditions.
13. Website linking
13.1 Links from our website to other websites and resources provided by third parties are provided for your information only. Links from our website to other websites and resources should not be construed as an endorsement or approval by us of those linked websites or resources, or of the information you obtain from them.
13.2 You acknowledge and accept that we have no rights or control over the content of other websites and resources that are linked from or referenced on our website.
13.3 You may link to our homepage, provided you do so in a manner that is fair and legal and does not damage or exploit our reputation.
13.4 You must not establish a link in a manner that suggests any form of association, authorization or endorsement on our part where none exists.
13.5 You may not create a link to our website on a website that is not owned by you.
13.6 Our website may not be embedded in frames on another website, nor may you create a link to any part of our website other than the homepage.
13.7 We reserve the right to withdraw permission to link without prior notice.
13.8 The website you link to must comply in all respects with the content standards set out in our Acceptable Use Policy (see paragraph 12 above).
13.9 Please contact us to obtain our prior authorization for any linking to our website that is not in accordance with this paragraph 13.
14. Intellectual property rights
14.1 The code, structure and organization of the website are protected by intellectual property rights.
14.2 We are the owner or licensee of all intellectual property rights to our website, its content, and the material published on it. These works are protected by applicable laws and treaties worldwide. All such rights are reserved.
14.3 You may only use the website and all its content for your personal, non-commercial use and in accordance with these Terms and Conditions. The website content includes information relating to the products.
14.4 You undertake to inform us of any suspected infringement of intellectual property rights belonging to us.
14.5 You are not permitted to use our trademarks without our prior written consent unless they are part of material that you use (and accurately reproduce) in accordance with paragraph 13.
15. Data protection
15.1 Our privacy policy is part of these terms and conditions, on the basis of which you can access and use our website.
15.2 We use cookies on our website. We also use cookies to track how our customers prefer to view our website. By accepting these Terms and Conditions, you also consent to our use of cookies for this purpose. For more information about cookies, please see our Privacy Policy.
15.3 If you provide us with your personal data, we will process this personal data in accordance with your instructions from time to time and take appropriate security measures to protect this personal data against unauthorized and unlawful processing and against accidental loss, destruction or damage.
15.4 Unless special safeguards are appropriate or otherwise agreed in writing, information and documents arising in connection with the sale of the products may be shared by us, and in particular such information and documents may be made available in electronic form to all our employees, officers, consultants or agents.
16. Viruses
16.1 We do not guarantee that our website is secure or free from errors or viruses.
16.2 You are responsible for configuring your information technology, computer programs, and platform to access our website. You should use your own antivirus software.
16.3 You must not misuse our website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material.
16.4 You must not attempt to gain unauthorized 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 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 paragraph 16, your right to use our website will cease immediately. We may report any violation to the relevant law enforcement authorities and will do so if required by applicable law.
17. Liability
17.1 Subject to paragraph 17.13, we disclaim all liability to the fullest extent permitted by law and accept no responsibility for any losses incurred by you or any other person as a result of:
(a) Third-party or user-generated content;
(b) our content, and in particular the accuracy, completeness or timeliness of our content;
(c) the products, and in particular from the quality, pictures, description or specifications, conformity with the description and the suitability of the products for a particular purpose;
(d) reliance on information contained in these terms and conditions or on our website, or on features provided in these terms and conditions or on our website;
(e) the inability to access the website or any part thereof, or access is interrupted or partially or malfunctioning at any time; and
(f) Any failure or delay in the performance of our obligations, whether or not we give prior notice, if and to the extent that the failure or delay is caused by a circumstance beyond our reasonable control, including telecommunications failures, power outages, terrorism, fuel strikes, severe weather, computer failures, supplier failures, labor disputes and the absence of staff due to illness or injury, shall be extended accordingly.
17.2 We shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for lost profits, lost business opportunities, lost goodwill, lost savings or benefits or for any kind of indirect, special or consequential loss, even if such loss or damage was reasonably foreseeable or the party concerned was aware of the possibility of such loss or damage occurring.
17.3 Our liability, arising directly or indirectly from these Terms and Conditions (including your purchase of products from us under these Terms and Conditions) or not otherwise expressly excluded under these Terms and Conditions, is limited to, and shall be limited to, the higher of US$1,000 or a multiple of five times the price you paid for the products giving rise to the liability. The amount of this limitation of liability will be reduced by the amount of any unpaid sums you owe us.
17.4 Any claims by a 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 which allegedly caused the loss or costs.
17.5 Except to the extent that claims cannot be excluded or limited by law, no claims 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, whether contractual or non-contractual, and all warranties, conditions, terms, promises and obligations implied by statute, common law, custom, trade usage, course of business or otherwise (including implied warranties 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 advisors) arising from any one act or omission. An act or omission comprises 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 one thing.
17.8 The limitations in this paragraph 17 apply to our total liability to you (including any other third parties to whom we may be held liable with or without our consent) in respect of any claim, and you and all such other persons together may only be held liable once by us in respect of the same damage.
17.9 If a limitation of liability applies regardless of the amount, the limitation applies to the entire provision of services or delivery of products by us, and there are no separate aggregated limitations of liability that apply to you, any group company to which you belong, and any person designated by a business user.
17.10 If we are jointly and severally liable to you with another party, we are only obligated to pay you the portion that is reasonably attributable to our fault. We are not obligated to pay you the portion that is attributable to the fault of another party for which that other party would otherwise be liable.
17.11 Any liability we may have to you will be reduced by the portion for which another party would have been liable if either:
(a) They have also brought proceedings or asserted a claim against that other party; or
(b) we have brought proceedings against that other party or have brought a claim under the Civil Liability (Contribution) Ordinance or a similar law in another relevant jurisdiction.
17.12 When examining whether other parties are liable to you, it shall not be taken into account that you are unable to pursue legal remedies against another party because claims against that party are time-barred, the party lacks the necessary funds, it relies on exclusions or limitations of liability, or the other party no longer exists.
17.13 The disclaimers and limitations of liability in these terms and conditions do not affect our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or reckless disregard of professional duties;
(c) for all other liabilities 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 required under the circumstances by any other law or regulation relevant to the claim; in such case, that minimum amount shall be deemed to replace the amount that would otherwise apply.
17.14 These provisions constitute an exhaustive list of the remedies available to any party or any third party against any of the parties arising out of or in connection with these terms and conditions.
18. Compensation
18.1 You will, upon request, fully indemnify and hold harmless the indemnified parties from all claims, costs and losses of any kind that the indemnified parties suffer or may suffer and that arise from or in connection with
(a) a material breach by you of the provisions of these General Terms and Conditions;
(b) any fraud, negligence, misconduct or reckless carelessness in relation to your obligations under these terms and conditions; and
(c) Your use of our website.
18.2 We are entitled to reclaim from you all expenses reasonably incurred by us in connection with a compensated claim, and all such expenses are payable upon request.
19. Force majeure event
19.1 If an event of force majeure lasts for more than one week, we may terminate the General Terms and Conditions immediately by written notice and without any liability other than a refund of the product you have already paid for but which has not been delivered.
19.2 We reserve the absolute right to choose the solution we will apply in the event of a force majeure event to fully meet our obligations under these terms and conditions.
20. Variations
20.1 We may amend 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 inform you of all changes to these terms and conditions. The Terms and Conditions in effect at any given time will apply to your use of our website and all products offered through our website.
20.2 If you do not agree to the amended terms and conditions, you must stop using our website or purchasing our products.
20.3 If you have given your express consent to these Terms and Conditions, we will ask for your express consent to a revision of these Terms and Conditions before your first purchase of products after the changes take effect. If you do not give your express consent and agreement to the revised Terms and Conditions within the timeframe we specify, you must cease using the website or purchasing our products.
21. Your violation
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 have reasonable grounds to suspect that you have breached these terms and conditions in any way, we may do the following:
(a) send you one or more formal warnings;
(b) Temporarily block your access to our website;
(c) cease processing any order;
(d) refuse any payment from you;
(e) permanently prohibit you from accessing our website;
(f) To block computers using your IP address from accessing our website;
(g) to contact one or all of your Internet service providers and ask them to block your access to our website; or
(h) to take legal action against you, whether for breach of contract or otherwise.
21.2 If we suspend, prohibit, or block your access to our website or any part of our website, you must not take any action to circumvent such suspension, prohibition, or blocking.
22. Termination and Suspension
22.1 You can stop using the website at any time.
22.2 We may suspend the provision of the website at any time, with or without reason and with or without notice.
22.3 Notwithstanding paragraph 22.2, we may suspend or terminate your access to this website if your use of the website would cause or risk any legal liability or would interfere with the use of the website by others.
22.4 If we suspend or terminate your access to the website, we will attempt to notify you in advance. Nevertheless, we may, at our discretion, suspend or terminate your access to the website immediately and without prior notice.
22.5 We do not guarantee that our website will always be available or uninterrupted. We may discontinue, suspend, withdraw, or restrict the availability of all or part of our website for business or operational reasons. We will endeavor to give you reasonable notice of any suspension or withdrawal. In the event of discontinuation, suspension, withdrawal, or modification of the website, you are not entitled to any compensation or other payment.
23. Effect of Termination
23.1 Upon termination of these terms and conditions, any obligation to provide customer support shall immediately cease.
23.2 Under no circumstances will you be entitled to compensation from us for loss of rights, loss of goodwill or any other loss resulting from the termination of these Terms for any reason whatsoever.
23.3 The termination of these General Terms and Conditions shall not affect any other rights that have already arisen and shall not affect the provisions of these General Terms and Conditions that shall apply or come into force thereafter in accordance with their provisions. Paragraphs 17 (Liability) and 18 (Indemnification) shall also apply after the termination of these Terms and Conditions.
24. General Provisions
24.1 You may not assign any of your rights under these terms and conditions.
24.2 The rights, powers and remedies provided for in these terms and conditions are (unless expressly provided for) cumulative and not exclusive to the rights, powers and remedies provided by law or otherwise.
24.3 We outsource the hosting of the website to a third party.
24.4 Should the validity or enforceability of any provision of these Terms and Conditions be 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 the other provisions.
24.5 The failure to exercise, or the delayed exercise of, any right, power, or remedy provided for in these Terms and Conditions or by law shall not constitute a waiver of such right, power, or remedy. Our waiver of any breach of a provision of these Terms and Conditions shall not be deemed a waiver of any subsequent breach of that provision or of any other provision.
24.6 The exercise of the parties' rights under these terms and conditions is not dependent on the consent of third parties.
24.7 These General Terms and Conditions are for our and your benefit and are not intended to benefit or be enforceable by third parties.
25. Applicable Law
25.1 These General Terms and Conditions, their subject matter and formation (as well as any non-contractual disputes or claims) are governed by and construed in accordance with the laws of China.
25.2 All disputes, disagreements, differences, or claims (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions, including their existence, validity, interpretation, performance, breach, or termination, or any disputes relating to non-contractual obligations arising out of or in connection with these Terms and Conditions, shall be submitted to and finally settled by arbitration under the administration of China, in force at the time the notice of arbitration is served. The law governing this arbitration clause is the law of China. The seat of arbitration is China. The number of arbitrators shall be one. The arbitration shall be conducted in English.
26. Interpretation
26.1 In these General Terms and Conditions: "Contract" means your order of a product or products in accordance with these Terms and Conditions, which we accept in accordance with paragraph 4.3;
"Customer" means any natural person who places an order on the website;
"Delivery address" refers to the delivery address as specified in the respective order;
"Estimated delivery date" means an estimated delivery date for an order;
"Force Majeure Event" means any event or circumstance that causes us to be unable or to delay the performance of any obligation under these Terms and Conditions, and that results from a cause beyond our control and is not attributable to our failure to exercise due diligence in preventing such failure or delay, and includes war or threat of war; acts of God; natural or nuclear disasters; riots or civil unrest; pandemics; acts of terrorism; malicious damage; fire or flood; compliance with any new law or order of any governmental or judicial authority; closure of airports or ports; or commercial disputes unrelated to the party affected by the event or condition causing the cessation or slowdown of work.
"Indemnified parties" means us, each affiliated company 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 all similar rights;
"Order" refers to the order you submit via our website to purchase one or more products from us;
"Order Confirmation" refers to our email to you confirming your order in accordance with paragraph 4.3;
"Payment intermediaries" refers to all third-party payment processing service providers we use;
"Product" means a product offered on our website;
"Website" means the website;
"Website infrastructure" refers to all our systems (including code) that enable, provide, or describe the website;
26.2 References to "paragraphs" refer to paragraphs of these terms and conditions.
26.3 Headings are for convenience only and do not affect the interpretation or structure of these terms and conditions.
26.4 Words expressing the singular include the plural and vice versa. Words expressing gender include all genders, and references to persons include individuals, companies, corporations, firms, or partnerships.
Please send us an email if you have any questions or concerns about these terms and conditions, the website, or the products.