Public Offer Agreement
Edition №08 dated 21.02.21
This agreement is a Public Offer, a proposal from the Offeror of Easy China Business Limited (hereinafter – the Offeror) to sell and/or provide goods and/or services remotely to individuals and legal entities (Buyers) through the online store on the website ecb.bz and its subdomains.
A Buyer who orders goods and/or services from the Offeror presented on the ecb.bz website and its subdomains is considered to have accepted the terms of this offer and concluded this Agreement with the Offeror on the terms set forth herein (has accepted this offer).
The text of the Offer contains all essential terms of the remote purchase and sale agreement and the procedure for its execution.
§ 0 Definitions
In this offer, unless the context requires otherwise, the terms below have the following meanings and are an integral part of it.
Offer – a proposal by the Offeror addressed to an unlimited circle of individuals or legal entities to conclude a contract for the sale of goods and/or a contract for the provision of services remotely.
Public Offer Agreement - a public contract whose terms are the same for all company clients, acceptance of which by the client through payment for goods and/or services is considered acceptance of this agreement between the client and the company.
Acceptance of the Offer - the client’s acceptance of the terms of this Offer, meaning full and unconditional agreement to its terms by paying for goods and/or services.
Company - Easy China Business Limited, registered at: 510000, China, Guangdong Province, Guangzhou, Liwan District, Liu Hua Road 39, office E-12, which owns the website ecb.bz and its subdomains.
Client - any individual or legal entity from an unlimited circle of persons who has legal capacity and has expressed a desire to conclude a contract for the sale of goods or a contract for the provision of services remotely or otherwise (e.g., personal presence at the company’s office in China).
Website (hereinafter Site or Service) - an administered software complex located at https://ecb.bz or its subdomains, access to which users obtain through the Site interface, providing users with the following functionalities:
- view information about the Company’s goods, services, and other materials posted by the Site Administration;
- select interested product price lists;
- register and log into the user’s personal account;
- place orders for the Company’s goods and services;
- receive personalized educational content on a free and paid basis;
- ask questions to the Company’s managers.
Site Operator (or Company Manager) - an employee authorized by the Administration to receive requests from clients, consult users, issue invoices, and provide payment details for the Company’s goods and services. Only company employees listed in the "Company Staff" section of the Site can act as operators of the online store.
Order – one or several product items and/or services from the Company’s Services list, selected and specified by the client as desired for purchase and payment on the Site.
Invoice - a document provided by the Company to the Client containing a list of goods and services, their quantity and price at which they will be delivered/performed for the client, delivery terms, and sender and recipient details.
Personal Account - a personal and inaccessible to third parties section of the Site, accessed by the Client through login and password entry, containing information about the Client’s orders, their payment and execution, account status, and providing functional remote interaction between the Parties during the Agreement execution.
Official Company Contacts - contacts such as the Company’s phone numbers, emails, messengers, websites, and subdomains, through which and only through which communication with company managers, approval of technical specifications, and order processing by clients occur. All current official company contacts are listed at this link.
Order Confirmation - a notification from the Company about receiving the Client’s order and acceptance of such order for execution.
User - an individual who has reached 18 years of age, has full legal capacity, uses this site and/or its tools, agrees with the terms of the Public Offer, and fulfills all its conditions described below.
Seller (hereinafter Supplier) - a legal entity or individual entrepreneur who has posted information about goods and/or services they provide on the Site. The Seller may be either the Site Administration or any person authorized by the Administration to post information about goods and/or services. The Seller’s name is indicated in the documents transferring goods to the Client.
Buyer (hereinafter Client or Customer) - any individual or legal entity from an unlimited circle of persons who has legal capacity and has expressed a desire to conclude a contract for the sale of goods or a contract for the provision of services remotely.
Transport Company (hereinafter TC) - a third separate party to the agreement providing delivery services of goods from China to the destination country where the Buyer has arranged delivery. It may be an affiliated company of Easy China Business, a partner transport company, or another transport company independently chosen by the Client.
Manufacturer (or Supplier) - a manufacturing company or supplier of goods that may be ordered by the Buyer within the provided services.
Parties - collective term for Manufacturer, Company, Client, and Transport Company.
Goods - any tangible and intangible objects, information about which is posted on the Site or any other marketplaces, unrestricted in circulation, freely transferable, and transferred from one person to another under a sales contract.
Technical Specification (hereinafter TS) - a written assignment from the Client with a complete, comprehensive, detailed, and finalized description of all significant requirements to the goods, works, services, their characteristics, delivery terms, execution of works, provision of services, and their results according to the Client’s opinion.
Service - a list of defined actions provided by the Company commercially upon Client’s request, information about which is presented in the Site section "Services".
Authorized Representative of the Offeror - an employee of the Offeror or a third party empowered by the Offeror to perform actions related to the transfer, organization of order delivery, and signing of relevant documents on behalf of the Offeror within the execution of this Offer.
Authorized Representative of the Client - a carrier or third party located in China chosen by the Client to receive goods under the processed and paid Order and to perform any further actions with it.
§ 1 Introduction
1.1. Easy China Business Limited, registered at: 510000, China, Guangdong Province, Guangzhou, Liwan District, Liu Hua Road 39, office E-12, provides the opportunity to purchase goods and services via the electronic network (Internet) at the web address: https://ecb.bz and its subdomains (Service). The administrator of clients’ personal data is Easy China Business Limited, registered at the same address.
1.2. These Rules apply to all Site users and contain principles of registration and use of an account on the Site, as well as order placement for provided services and various categories of goods posted, including on the Site, and conclusion of contracts for the sale of goods and/or contracts for the provision of services.
1.3. All Site users can access the Public Offer at any time by clicking the "Public Offer" link on the Site page.
1.4. The Offeror reserves the right to amend these Public Offer terms, and the Buyer undertakes to regularly monitor changes on the Site page "Public Offer".
1.5. The Offeror is not liable under any circumstances for outdated information on the site or any damages resulting from use, inability to use, or results of using the Site.
1.6. When ordering services, the Client and the Company may agree on terms different from those set out in this Offer by formalizing such agreed terms in an additional agreement, which must be in writing and signed by the Parties.
§ 2 Subject of the Offer
2.1. The subject of this offer agreement is:
2.1.1. The Offeror’s obligation to deliver the ordered Goods to the Client’s Authorized Person’s warehouse in China, and the Client’s obligation to pay the full cost of the Order and services provided by the Company and accept them in the manner, terms, and conditions stipulated by this Offer, at the prices indicated in the Invoice at the time the Order is placed.
2.1.2. The Offeror’s obligation to provide services in China, and the Client’s obligation to pay their full cost in the manner, terms, and conditions stipulated by this Offer, at the prices indicated in the Invoice at the time the Order is placed.
2.2. By placing an Order on the Site, the Client confirms that they have read and agree with the terms of the Offer Agreement, understand the terms, and accept them unconditionally.
§ 3 Order Placement Conditions
3.1. Order placement on the Company’s Site is available through the following methods:
3.1.1. Placement with prior registration on the site;
3.1.2. Placement without registration by submitting an Application on the Site;
3.1.3. Placement through the Site Operator by calling the Company’s official Contacts: phone numbers, sending a message to email, via messengers or online chat on the Site. The Company is not responsible for Applications and Order payments made by any other means or through contacts not listed on the "Official Company Contacts" page.
3.2. When placing an Order with prior registration, the Client gains access to the Personal Account, where information about all placed Orders on the site and personal data for enabling delivery from Seller to Buyer is displayed.
3.3. For identification and Order placement, the Client provides the following personal data: full name, delivery address, contact email address, mobile phone number, and messenger for communication with the Company’s team regarding the current Client Project.
3.4. At the moment of Order placement, the Buyer can choose the delivery method and payment method from the list posted on the Offeror’s Site or provided by the Company Manager in the Invoice.
3.5. The Company is not responsible for the accuracy and correctness of information provided by the Client during identification and personal data transmission.
3.6. A Client registered on the Site undergoes individual identification by providing login and password. Individual identification of the Buyer prevents unauthorized actions by third parties on behalf of the Buyer and grants access to additional services.
3.7. The Buyer’s transfer of login and password to third parties is prohibited and regulated by the General Data Protection Regulation (GDPR), approved by the EU on April 27, 2016, and the Site Privacy Policy.
3.8. The Buyer is solely responsible for any negative consequences resulting from sharing login and password with third parties.
§ 4 Conclusion of the Offer Agreement
4.1. The offer is considered accepted and the offer agreement concluded at the moment the Administration receives payment for the order made by the Buyer.
4.2. The fact that the Client has placed an order is an unconditional fact of the Client’s acceptance of the terms of this Offer Agreement, including the Client’s consent to receive SMS, e-mail, and messenger notifications from the Company about the status of their order and surveys to improve customer service quality.
4.3. A Buyer who has placed an Order on the Site or through the Company’s official contacts is considered to have entered into a relationship with the seller under the terms of this Agreement.
§ 5 Procedure for Forming and Modifying Orders for Goods and Services
5.1. The Client’s Order may be placed independently on the Site by submitting a form or an Application, or with the help of a Company Manager through official communication channels.
5.2. Upon receiving the Client’s Order, company managers confirm the Order if goods are available at the Supplier’s or Manufacturer’s warehouses and provide the Client with an Invoice for payment of goods and/or services or a written payment request in business correspondence.
5.3. The Order may be canceled, changed, or supplemented either by the Client or the Seller in whole or in part at any time before payment is made.
5.4. After payment, any changes to the Order may only be initiated by mutual agreement of the Client and the Offeror.
5.5. Adding goods to a paid Order is possible only until the goods are transferred to the warehouse agreed upon by the Parties and the TC, with simultaneous payment of the price difference according to the new Invoice received.
5.6. When adding goods to the order after its formation, the terms for providing services for order formation and delivery are recalculated from the date of adding the last good to the Order.
5.7. Any change in the TS for providing company services or increase in the volume, quantity, or cost of purchased, manufactured, or inspected goods after payment is possible only with the Offeror’s consent with simultaneous increase in service cost. The minimum increment is 10% of the initial cost, but not less than 50 USD.
5.8. Any reduction in the volume of company services initiated by the Client after payment gives the Offeror the right to retain the full cost of services unchanged in the Invoice.
5.9. Any addition to the volume of company services initiated by the Client before the goods are transferred to the TC warehouse is paid according to clause 5.7. If the goods have been transferred to the TC warehouse, such addition is considered a new Order and is subject to payment at full service cost.
5.10. The Company does not guarantee availability of the ordered goods, including the chosen size, color, and completeness of the product.
5.11. If ordered goods are unavailable at the Supplier’s or Manufacturer’s warehouse, the Company has the right to change such goods by mutual consent of the Parties or cancel them from the Client’s order with simultaneous unilateral notification of the Client and refund of the price difference within 14 business days.
5.12. All informational materials presented on the Site are for reference only and cannot fully convey accurate information about the properties and characteristics of goods, including colors, sizes, and shapes. If questions arise concerning product properties and characteristics, the Client should consult Company Managers before placing an Order.
5.13. When ordering Company Services, the Client prepares and approves a written TS with the Offeror. The TS must include complete information about quality, quantity, and other essential features and properties of the goods, production requirements, product inspection, packaging, and other components of the Order. The TS is an annex to this Public Offer and forms part of the Agreement between the Client and the Offeror.
5.14. All services are provided strictly in accordance with the Client’s TS. Claims regarding service quality and volume of work performed are accepted based on the TS as a full and exhaustive description of the Client’s Order and its requirements for Order execution.
§ 6 Terms for Order Formation and Service Execution
6.1. The term for Order formation depends on the actual availability of the goods selected by the Client at the Seller’s warehouse and/or factory.
6.2. The order formation term for goods from price lists posted on the ecb.bz Site in China is 3-12 business days after payment receipt. It includes negotiations with the manufacturer, confirming availability of selected goods at the Supplier’s warehouse, agreeing on minimum batch pricing policy, packaging data of the batch, placing and paying for the order, delivery of goods within China to the warehouse, product quality inspection, and handing over goods to the transport company agreed by the Parties.
6.3. The term for forming consolidated orders from several different suppliers for goods is 10-20 business days after payment receipt. Goods may be shipped in several batches (2-3 places) as they arrive at the warehouse, are inspected, and are ready for shipment to the TC warehouse.
6.4. Terms for providing services by the Offeror to the Client are individual, depend on the specific service, agreed prior to ordering, and may be fixed in the TS at the request of either party.
6.5. Terms for replacing goods that do not meet the agreement conditions at the Supplier before shipment from China are 5-10 business days. These terms are not fully dependent on the Offeror and may be extended due to third parties involved in the process (local TC in China, Supplier, or Manufacturer).
§ 7 Order Delivery Procedure and Terms
7.1. Delivery of goods to the Client is carried out by the transport company chosen by the Client at their discretion or from those offered by the Company under Incoterms 2010.
7.2. Estimated delivery times, rates, and types of delivery to various countries are listed in the Site section "Delivery". This information is for reference only.
7.3. Delivery terms, rates, and types listed on the Site are for informational purposes and do not account for unforeseen circumstances, price changes, supply routes, delivery times, and other conditions from transport companies and customs authorities of any countries.
7.4. The Offeror is not responsible for delivery times and/or non-receipt of goods by the Client if the Client provides incorrect delivery address and/or postal code, as well as incorrect recipient’s surname and/or first name.
7.5. Upon delivery, the order is handed to the Client or a third party specified in the order as the recipient (hereinafter Buyer and third party collectively referred to as “Recipient”). If the order paid in cash cannot be received by the above persons, it may be handed to a person who can provide order details (shipment number and/or Recipient’s full name) and pay the full cost of the order to the person delivering it.
7.6. The risk of accidental loss, damage, or destruction of goods passes to the transport company from the moment the supplier hands over the entire batch of goods within the order to the transport company’s warehouse.
7.7. The delivery cost of each order is calculated individually based on the weight, volume, value of goods, region, and delivery method. The delivery cost is roughly calculated by the company manager based on data provided by the manufacturer and transport company rates. The exact delivery cost is communicated by the transport company after packing the goods batch by sending the invoice to the Client’s email or messenger.
7.8. The Supplier’s obligation to deliver goods to the Client is considered fulfilled upon transfer of the goods batch within the order to the transport company’s warehouse performing delivery on behalf of the Client.
7.9. A mandatory condition for goods delivery is full-value insurance. Insurance costs are paid by the Client to the transport company’s accounts.
§ 8 Procedure for Acceptance and Transfer of Goods and Services
8.1. Acceptance and transfer of goods to the Client occur at the moment the goods are handed over to the Client’s authorized person in China (transport company or other persons). The fact of goods transfer is confirmed by a consignment note or another established document certifying receipt. If the organization lacks a written document of the established form from the Buyer’s authorized representative, confirmation may be business correspondence or verbal confirmation of receipt by the authorized person.
8.2. From the moment the goods are accepted by the Buyer’s authorized representative, full responsibility for the goods passes to them.
8.3. The result of service provision may be:
8.3.1. goods handed over to the Buyer’s authorized person according to clause 8.1;
8.3.2. result of an informational service in the form of a report or another written document of the Offeror company’s standard, transmitted to the Buyer electronically.
8.4. Acceptance and transfer of the informational service result occur by sending the document to the Client. The Client has the right to review and use the service results at their discretion. If no claim regarding service quality is submitted in the manner described in clause 12.7 of this Offer Agreement, the service result is automatically considered accepted by the Client.
§ 9 Cost and Payment Method
9.1. Prices of goods and services on the Site are indicated in US dollars and/or Chinese yuan.
9.2. Payment for the Company’s goods and services is made on the basis of full prepayment in the manner and payment methods indicated in the Site section "Payment".
9.3. Payment for any goods and services of the Offeror is made exclusively to the details indicated in the Invoice and provided by the company’s financial manager with company signature and seal. Any other details are invalid, payment to them is not considered payment to the Company’s accounts and entails the impossibility of acceptance of this Offer and absence of any responsibility of the Company to the Client.
9.4. Payment for delivery of goods is made by the Client separately from payment for goods or services to the transport company’s accounts according to the TC’s terms: at the moment goods arrive at the TC warehouse, after shipment from China, or upon receipt in the Client’s country.
9.5. Prices for wholesale batches of goods within the Client’s order, indicated in the Client’s TS, depend on batch quantity, completeness, and other conditions. In case of price change by the Supplier for goods ordered by the Client, the Company Manager informs the Client to confirm the order at the corrected price or cancel the order. If the Client cannot be contacted, the order is considered canceled.
9.6. Prices for goods selected by the Client in the TS may be unilaterally changed by the Supplier. However, the price for goods already ordered and paid by the Client does not change.
9.7. The Company does not provide credit to the Client, does not buy goods on credit, and does not ship goods batches cash on delivery or via dropshipping.
9.8. All commission fees for money transfers when paying for goods and/or services are paid by the Client. Commission amounts for money transfers listed on the "Payment" page are approximate. Commission amounts may vary depending on market conditions and third parties (banks, online transfer services), with the final amount indicated in the Invoice from the Company’s financial department.
§ 10 Rights and Obligations of the Offeror
10.1. The Offeror undertakes to:
10.1.1. Provide services to the Client and fulfill the Client’s requirements related to providing these services, if such requirements do not contradict this Agreement.
10.1.2. Maintain confidentiality of data provided by the Buyer and not disclose it to third parties unless necessary for fulfilling this Agreement, in accordance with the Privacy Policy posted on the Site or under an NDA agreement.
10.1.3. Provide the Buyer with information about the Order status and terms of its full execution as specified in this Agreement.
10.1.4. Accept from the Manufacturer, inspect, and pack the goods received at the warehouse in China according to the data of the placed Order.
10.1.5. Replace goods of inadequate quality if such goods are received at the warehouse before shipment of the goods batch from China.
10.1.6. When ordering goods within the scope of services, the Offeror undertakes to inspect the goods batch according to the technical specification provided by the Buyer for inspection.
10.2. The Offeror has the right to:
10.2.1. Change the delivery method and/or transport company if the Buyer’s goods batch cannot be shipped by the previously agreed delivery method due to weight, cargo hazard type, or dimensions.
10.2.2. Suspend service provision in case of insufficient information for providing services or doubts about its authenticity.
10.2.3. Unilaterally change tariffs and service conditions by notifying the Buyer via posting changes on the Site. All changes take effect immediately after publication on the Site.
10.2.4. Refuse to sell any goods or provide services to the Buyer unilaterally without explanation if the Order cannot be fulfilled.
10.2.5. Charge the Buyer storage fees for goods placed at the Offeror’s warehouse starting from the 15th calendar day of storage: 1 USD per day for one packaging unit up to 0.1 m³, 5 USD per day for one packaging unit from 0.1 m³ to 0.5 m³, and 10 USD per day for one packaging unit above 0.5 m³.
10.2.5. Dispose of the Buyer’s goods in favor of the Offeror if the Buyer does not collect the goods after 60 calendar days, does not pay storage fees, and does not make contact, having previously notified the Buyer in writing.
§ 11 Rights and Obligations of the Buyer
11.1. The Buyer undertakes to:
11.1.1. Timely and fully provide accurate information necessary for service provision by the Site Administration.
11.1.2. Timely and fully pay for ordered goods, their delivery cost, and services of the Site Administration.
11.1.3. Familiarize themselves with the terms of transport services of the chosen transport company, register, and obtain a client code before shipment of goods.
11.1.4. Conduct all dialogues and agreements, and file any claims or lawsuits regarding goods delivery exclusively with the transport company administration.
11.1.5. Insure the entire cargo with the transport company for the goods’ value to prevent risks of damage, loss, breakage, and theft during delivery.
11.1.6. Before receiving goods, verify that the goods code matches, check the weight and absence of external packaging damage. In case of shortage or damage, prepare an act, notify the TC representative, take photo and video documentation, and do not accept the goods.
11.1.7. Keep all payment confirmation documents addressed to the Site Administration until funds are credited to the Buyer’s Personal Account in case of returns or defect compensation.
11.1.8. Familiarize themselves with the User information published on the Site, monitor information and messages about the status of their Orders in the Personal Account or messenger, and respond promptly to requests from the Site Administration, especially if a response is needed to continue service provision.
11.2. The Buyer has the right to:
11.2.1. Independently choose goods and suppliers, including using information from price lists on the Site.
11.2.2. Independently choose the payment method for goods and/or service specified by the company manager in the Invoice or through negotiations via the Company’s official contacts.
11.2.3. Independently select the transport company and delivery method for shipping the goods batch.
§ 12 Claims on Goods and Services
12.1. Goods offered by Suppliers are factory-new. The Offeror is responsible for physical defects of goods and service quality according to the official company warranties listed in the Site section "Guarantees".
12.2. The Site Administration takes measures to ensure uninterrupted Site operation based on existing technical knowledge and commits to reasonably timely eliminate discrepancies identified by Clients not excluded by the Company’s Guarantees.
12.3. If goods purchased from price lists on the Site and not excluded by Company Guarantees have defects implying non-compliance with the sales contract, the Client may file a claim observing the deadlines and conditions stipulated by the current Guarantees.
12.4. The Company supports disputes only regarding defects found in goods within 14 calendar days after the Client’s actual receipt. All disputes are resolved by negotiation with maximum Client assistance in clarifying circumstances and sending defective goods to the Offeror for replacement or compensation.
12.5. A claim is considered accepted after fully completing the form on the Site "Support" no later than 14 calendar days from receipt of goods by the Buyer, providing full defect information (photo and video evidence, sending samples for examination).
12.6. The Company supports claims regarding quality of paid informational services only. Services whose result is production, purchase, inspection, or transfer of goods to the TC warehouse fall under the goods claims procedure.
12.7. A claim on a service is considered accepted after completing the form on the Site "Support" no later than 7 calendar days from receipt of the report or other result of the informational service by the Client, providing a full description of the claim.
12.8. The Company does not support claims regarding delivery and customs clearance costs or any other claims related to transport companies’ operations.
§ 13 Returns, Exchanges, and Defect Compensation
13.1. The Offeror does not support the possibility of returning goods or their cost or services for any reason. Deposits and prepayments for any goods or services are also non-refundable.
13.2. The difference in service cost in case of reduction of a specific service initiated by the Client after contract conclusion is non-refundable.
13.3. Compensation for poor-quality services is provided by re-provision of the service or transferring the cost of the poor-quality service to other Company services, which the Client may use within one calendar year from receiving the report on the previously performed service. The service is not considered poorly performed if it reflects the reality of the Chinese market, actual prices, number of manufacturers, terms, production conditions, packaging data of the goods batch, and other information but does not meet the Client’s wishes or needs as specified in the Technical Specification, business correspondence, or other communications with the Company’s representative.
13.4. Client claims for exchange or compensation of goods of inadequate quality are possible within 14 calendar days from the date of receipt according to the provisions of official Company Guarantees.
13.5. Goods of inadequate quality mean goods that are faulty and cannot perform their functional qualities, with visible external defects. The received goods must correspond to the description in the Technical Specification agreed with the Company Manager during correspondence via official Company channels. Differences in design or appearance elements from those declared in Site descriptions are not considered signs of poor quality or malfunction and are not subject to return, exchange, or compensation.
13.6. The Company guarantees compensation of delivery costs only if the defect quantity exceeds 35% of the product quantity in the current shipment. Delivery cost is compensated according to the tariff chosen for the current batch delivery but not exceeding $5/kg. If the client separately pays customs duties upon receipt, the company does not refund these charges.
13.7. The method of defect compensation is agreed through negotiations, fixed in business correspondence, and is not subject to further changes. The Company Administration reserves priority in decision-making. The deadline for agreeing on compensation method is no more than 7 business days. If replacement is the agreed method, the Buyer must send the goods to be replaced to the Company within two business days after agreement. Failure to meet these deadlines results in loss of compensation rights and no Company obligations regarding compensation or exchange.
13.8. Types of defects and compensation methods are as follows:
- partial external defect – partial external damage to goods or packaging preventing sale as new (compensated by 30% of purchase price or sending necessary spare parts at company’s expense);
- full external defect – damage to goods or packaging making sale impossible in any form (compensated 100% of purchase price);
- partial functional defect – part of the batch has non-working functions or broken parts preventing full functionality (compensation is sending spare parts for repair or company pays for local repair with full client cooperation);
- full functional defect – goods completely non-functional, broken, irreparable, and unsellable (compensated 100% of purchase price);
- mis-sort – goods of different color, size, or type sent exceeding 30% of the batch (compensated 20% of purchase price).
13.9. Methods and conditions for exchange and compensation of goods of inadequate quality are:
- replacement with similar goods in the next shipment – for any defect quantity in the batch;
- full or partial financial compensation within 14 business days from agreement on compensation method or equivalent discount on Company goods and services – for defect quantity up to 15% of total batch quantity;
- on-site repair, free shipment of repair parts – for any defect quantity in the batch.
13.10. The Company does not extend warranty obligations to minor defects in goods costing up to $10/unit that can be fixed independently, for example:
- rare protruding threads, small loose seams, washable small stains in textiles;
- stiff zippers in wallets, purses, bags, backpacks of any kind;
- minor damage to external packaging;
- other minor defects.
13.11. The Administration limits warranty obligations regarding breakage of individual parts of children’s construction sets/kits consisting of many elements. If defective elements are found, the Administration guarantees compensation for defective elements, not the total number of kits containing defective elements.
13.12. The Company does not extend warranty obligations to:
- all quartz and mechanical wrist analog watches of any brands;
- physical damage to product coating occurring during delivery, including Soft-touch, Soft-Feel, and other elastic coatings that may be damaged inside their packaging due to friction, shaking, vibrations;
- all functions of electronic goods that depend on local cellular network operators, including poor GSM signal reception quality; low accuracy of location determination via LBS, GPRS; unstable data exchange over GPRS channels;
- all goods supplied in factory packaging that cannot be opened without damaging integrity (e.g., blister-packed goods, boxes wrapped in film); or if the client gives written consent fixed in business correspondence to unpackaging;
- cosmetics, including scent, color differences, shades, and differences between expected and actual effects;
- goods with built-in lighting elements (lamps, LED indicators, etc.), including brightness, saturation, light intensity, or differences in lighting of two identical products;
- audio goods, including sound quality of headphones, speakers, Bluetooth connection stability;
- internal breakages in children’s toys with electronic elements detected later than 3 calendar days after receiving the goods.
13.13. The Company reserves the right to individually limit its responsibility and warranty obligations regarding certain goods after agreement with the client fixed in business correspondence.
§ 14 Limitation of Liability
14.1. The Offeror is not liable for damage caused to the Buyer due to improper use of goods purchased from the Seller.
14.2. The Offeror is not liable for information provided by the User on the Site in publicly accessible form.
14.3. The Offeror is not liable for inability to fulfill the Client’s order due to reasons beyond its control, including communication line failures, equipment malfunctions, Supplier defaults, technical or other services failures, including transport, brokerage, financial, etc.
14.4. Under no circumstances shall the Offeror be liable under this Agreement for:
- any actions and/or inactions that are direct or indirect consequences of actions/inactions by any third parties;
- any indirect losses and/or lost profits of the Buyer and/or third parties regardless of whether the Offeror could foresee such losses;
- use (or inability to use) and any consequences of use (or inability to use) by the Buyer of the chosen payment form for goods under this Agreement when paying for the Order;
- any discrepancies in delivery and customs clearance times and costs from preliminary calculations. Calculations are exclusively for reference and based on data provided by third parties.
14.5. The Offeror is not responsible for the result and efficiency of the transport company delivering the cargo to the Buyer. The Buyer has separate contractual relations with the TC, which are not subject to this agreement. Any changes in delivery times, tariffs, integrity, and preservation of goods both externally and inside packaging from the moment of transfer to the TC warehouse in China are the TC’s responsibility according to its internal rules. Acceptance of goods at the TC warehouse without remarks confirms quantity completeness, integrity, and correct description.
14.6. The Offeror is not responsible for:
- cargo integrity if the client does not follow company or TC recommendations regarding packaging and/or does not insure the goods;
- cargo shortage if detected post-factum after receipt by the Buyer at the TC warehouse and in the absence of a reconciliation act signed by TC representatives;
- partial damage to individual goods packaging (paper, cardboard, plastic boxes, etc.) during TC transportation. The Seller recommends considering wooden crate framing or purchasing spare packaging from the Manufacturer at 10-20% of the batch quantity;
- prepayment to fraudulent or third-party accounts unrelated to the Company, not verified by the Buyer against the current payment details provided in the Invoice from the Company Manager.
14.7. The Parties are exempt from liability for breach of this Agreement if caused by force majeure circumstances beyond their control, unpredictable or unavoidable (war, military actions, martial law, blockade, embargo, currency restrictions, lawful or unlawful actions of authorities, fire, flood, earthquake, other natural disasters or seasonal phenomena, local or global virus outbreaks, epidemics, pandemics, power outages and/or computer network failures, strikes, civil unrest, riots, or other events making performance impossible). The performance term is proportionally extended for the duration of such circumstances and their consequences.
14.8. Recognition by a court of any provision of this Offer Agreement as invalid or unenforceable does not invalidate or prevent enforcement of other provisions of this Agreement.
14.9. The Administration is responsible for the result of informational services (various searches, inspections, and other services) only to the extent of information realistically available in China. The result may not coincide with the Client’s expectations regarding goods, prices, availability, terms, business methods, negotiations, and other factors. The result reflects an objective reality of the situation in China.
14.10. The Administration is not responsible for defects detected by the Client if such defects cannot be revealed through diligent fulfillment of product inspection requirements set out in the Client’s TS for product inspection. The Administration is responsible for product inspection purchased as a result of services only within the scope of the Administration’s fulfillment of inspection requirements described by the Client in the TS and agreed with the Company Manager before issuing the payment Invoice.
§ 15 Term of the Agreement
15.1. This Agreement is considered concluded at the moment the Offeror receives payment for the order made by the Client.
15.2. Before expiration, this Agreement may be terminated by mutual consent of the Parties before shipment from China or service commencement only for reasons related to the Offeror’s inability to fully or partially fulfill obligations (lack of goods, extended terms, etc.). If the Buyer withdraws from the agreement for reasons beyond the Offeror’s control, the Company has the right to withhold 10% of the Order value as a penalty and cover expenses already incurred by the Offeror, such as transport costs, full or partial prepayment to third parties, suppliers, manufacturers, and other expenses. Orders for manufacturing goods with custom design, logo, or any modifications are non-cancellable.
15.3. The terms of this Agreement are automatically considered fulfilled by the Offeror on the 15th calendar day after the Buyer receives the goods at the transport company’s warehouse, provided the Buyer has not submitted any claims during this period.
15.4. Terms regarding provision of informational services are automatically considered fulfilled by the Offeror on the 8th calendar day after sending the service result (report or other) to the Buyer, provided no claims are made during this period.
15.6. The Parties respect each other’s business reputation and agree not to harm each other’s reputation intentionally or unintentionally during dispute resolution or after its completion. Intentional actions by the Client damaging the Offeror’s activity and reputation result in termination of the Agreement and release of the Offeror from any residual obligations under this Agreement to the Client.
§ 16 Personal Data. Confidentiality
16.1. By registering on the Site or providing data by other means, the Buyer confirms consent to transfer personal data to the Offeror voluntarily and in their own interests; consents to processing of provided personal data, including transfer to third parties for the purpose of executing the Offer Agreement (transport companies, agents, courier delivery service providers, etc.).
16.2. The Offeror confirms that personal data provided by the Buyer will be used exclusively for the purpose of executing the Offer Agreement.
16.3. Consent to receive letters and messenger notifications related to order formation and shipment is confirmed by placing the Order.
16.4. The Offeror confirms that contracts with any third parties to whom the Offeror provides Buyer’s personal data in execution of this Offer include confidentiality provisions.
16.5. The Buyer confirms awareness of the EU General Data Protection Regulation of April 27, 2016 (GDPR), and understands their rights and obligations in the field of personal data protection.
16.6. When providing services to the Client, the Administration ensures confidentiality only for goods developed by the Client and is not responsible for confidentiality of any other goods freely sold in China. The Administration is not obliged to refuse sales of goods selected for the Client’s order to a wide audience.
§ 17 Final Provisions
17.1. This Offer comes into force upon its publication on the online store website and remains effective until replaced by a new version.
17.2. Product descriptions are provided by the supplier or manufacturer. If the description includes claims of exclusivity of certain consumer properties, materials, or subjective comparisons with other goods in circulation, it should be understood as based on data available to the description’s author and not considered absolute truth.
17.3. In all matters not provided for by this Offer, the Parties are guided by the legislation of the Hong Kong Special Administrative Region of the PRC.
17.4. All disputes and disagreements arising from execution of the Offer Agreement shall be resolved by the Parties through pre-trial settlement.
17.5. If pre-trial settlement is impossible, the dispute shall be submitted to the International Arbitration Centre in Hong Kong according to the legislation of the Hong Kong Special Administrative Region of the PRC.