NewTouchBuff Sales Terms
General terms and conditions for delivery of:
Hai Kong Electronics Co., Ltd: Daya Bay West District Street, No. 333 Shihua Avenue West,Huizhou City, Guangdong Province,China
Hereinafter referred to as as: Seller
ARTICLE 1 - OBJECT / APPLICATION / VALIDITY
1. The present Terms and Conditions have as an aim:
To inform every possible Customer on the conditions and procedures in which the seller carries out the sale and the delivery of the Products of the catalog put on line in the Website
To set the rights and obligations of the parts within the framework of the product sales present in the catalog put on line by the Seller in the Website
2. The present general terms of sale
The present general terms of sale apply to the whole of the sales concerning the Products presented in the catalog put on line by the Seller. Consequently, the validation of the Order by the Customer, (double click on the button validate the delivery) implies his whole adhesion and without reserve with the present general terms of sale, other than all other documents. Conditions particular to certain Products can supplement the present general terms. They are then specified at the time of the presentation of the Product.
3. The version of the general terms of sale
The version of the general terms of sale applicable to each Order validated on the Website of the Seller, is that on line at the date of the validation of the ORDER. The aforementioned version will govern the contract as of its conclusion and until the extinction of the guarantees envisaged. The Seller reserves the right to modify his general terms of sale. All new version of the Terms and conditions will be announced beforehand on the homepage of the Website of the Seller. The fact for the Seller of not prevailing itself at one time given of any of the provisions of these general terms of sale cannot be interpreted like being worth final renunciation of their application.
ARTICLE 2 - DEFINITIONS
Advantage:
Any performance of service provided by the Seller, to the beneficiaries.
Order form:
Buying order passed through the Customer on the Website of the Seller in the respect of these Terms and Conditions.
Client:
Any person wishing to place an Order by respecting the present CGV.
Account Seawens.com:
Account running registered in the name of customer in the accountancy of the Seller allowing the inscription of asset and refundings carried out by the Seller to the Customer, as well as the payment by the Customer with the Seller within the limit of the assets and registered refundings. This Account will not be able to have to in no case a debtor situation with the load of the Customer.
Terms and Conditions:
General terms of Sale.
Ask of recovery:
Printable document on the Website, allowing the Beneficiary to make a proposal of recovery to the Seller.
Card-index Product:
Detailed description of each Product presented by the Seller on the Website.
Delivery:
Forwarding of one or more Products pursuant to an Order form validated by the parts.
Product:
Any good presented to the sale in the catalog put on line by the Seller.
Customer service:
Department of company SP Industries Ltd in charge of the customer relation, reachable:
By phone to the +86.185 6588 9964. Monday to Friday 8.00am to 8.00pm (GMT +8)
By before e-mail with the following address: sales@seawens.com
By after sales mail with the following address: support@seawens.com
Website:
Carrier:
Local mail service,DHL,Fedex,UPS,TNT or any other transport company preselected by the Seller and approved by the Customer.
Seller:
Hai Kong Electronics Co., Ltd whose headquarters are located at Daya Bay West District Street, No. 333 Shihua Avenue West,Huizhou City, Guangdong Province,China. TAX Number: 91440300MA5DBKXW4E
ARTICLE 3 - ONLINE CONTRACT
1. Components of the online contract
The contractual unit is formed by the following elements:
GENERAL TERMS OF SALE
ORDER FORM
ACCEPTANCE OF THE ORDER
INVOICE
The whole of these elements form an indissociable whole, other than all other documents.
2. Stages of the contract signature
The sale online contract will not be definitively concluded at the conclusion of the following stages
reading and validation by the Customer of these general terms of sale
supply of the whole of the information necessary to the establishment of the order form
validation of the Order by the Customer
validation of the payment
acceptance of the Order form by the Seller, subject to the respect of the provisions of article 8 of the Terms and Conditions
The acceptance or the refusal of the Order by the Seller, on legitimate grounds such as definite in article 8 of the Terms and Conditions, will be confirmed by way of e-mail.
3. Languages suggested for the contract signature on line
The whole of the contractual documents is written in English language The Customer must have a sufficient level of comprehension of the English language. To in no case the responsibility for the Seller could not be committed for the bad comprehension of the English language by the Customer.
4. Filing of the online contract
The whole of the contractual documents will be filed in account-customer SEAWENS.COM. However, the banking data necessary for the realization of the online payment do not cause any filing, in accordance with article 7 of these general terms of sale.
5. Consultation of the online contract
The Customer has in the Website a personal space, identified by his address e-mail and his password, allowing him to consult and print the whole of the contractual documents relating to it.
6. Probatory documents
The Seller recommends to the Customers to print and preserve the whole of the contractual documents, as well as the descriptive card of (of) Product(s) ordered(s). Will be able to also constitute legal evidence, communications, goods of Order, invoices, documents in proof of payment and all documents resulting from the filing of the contractual documents in the computer system of the Seller, to which the Customer has access, as indicated above (Article 3.5).
ARTICLE 4 - PRODUCTS
1. Catalogue of the Seller
The Products put at the sale on line in the catalog of the Seller. When a Product put at the sale online in the catalog of the Seller is withdrawn from the trade by the supplier, whatever is the reason, the Seller is held to withdraw the Product of its catalog, as soon as possible. If the withdrawal of a Product by the supplier prevented the Seller from delivering an Order, the Customer would not profit from any recourse against the Seller who commits himself in this case offering to the Customer a similar Product, in the same range of price or, to the choice of the Customer, the refunding of the versed sums.
2. Description and information on the Products / Cards Produced
The essential characteristics of the Products present in the catalog of the Seller are communicated by the suppliers and settings on line on the Cards Produced by the Seller, who endeavors to present them in the most faithful possible way.
3. Availability of the Products
The Seller commits himself honoring the Goods of Order received within the limit with stocks available either in the Seller, or in the supplier. In the event of unavailability of a product ordered the Seller commits itself informing the Customer of it as soon as he is aware of it. In the event of unavailability, the Seller will propose refunding or to be worth on the whole of the catalog of the Seller. If the customer chooses refunding, the Seller will carry out the refunding of the sums paid by the customer without delay and at the latest in the 30 days. In the event of going beyond this time the sums are productive interests at the statutory rate.
ARTICLE 5 - ORDERS
The Customer places his order according to the process in force on the Website and confirms the detailed Order form of this one.
1. Legal capacity
Only the people legally able to contract are allowed to place order. In order to attest of their legal capacity, it will be requested from the Customer, during the placing of the order, to guarantee to have the full legal capacity to adhere to the Terms and Conditions and to conclude the contract. Moreover, during a payment by card, it will be requested from the Customer to guarantee that it is fully entitled to use the aforementioned card and that the latter gives access to sufficient funds to cover all the costs necessary to the regulation of the Invoice.
2. Recording
At the time of his first order, the Customer must carry out his recording on the Website. To be recorded, the Customer agrees to provide information which is required of him and engages on the veracity of these last:
name and first name
addresses
phone
email address
type of purchasing card (card number, expiration date and cryptogram)
3. Personnal account
The website propose each customer to create a password, which can be modified by the Customer on his personal space. At the time of each visit, when it reaches personal data, or when it places an order, the Customer is identified as a preliminary by his identifier and his password, being specified that this one is not used to carry out payment.
4. Establishment of the Order form
For the establishment of the Order form, the Customer will have:
to indicate the ordered item(s), taking care to be as precise as possible regarding the reference numbers, colors, sizes, etc…, in accordance with the Product Sheet
all necessary information with the delivery: addresses, access code, floor… and in the event of particular delivery terms a phone number to which it can be joined in the course of the day, for appointment management
5. Order form
The Seller generates an Order form comprising the whole of the abundant data by the Customer and comprising the Price of the order.
6. Validation of the Order form
The Customer must check, on the Order form, the whole of the seized information and the Price, to correct the errors if necessary. The Order form will have to be validated:
maybe by means of a double click on the button VALIDATE terminal of virtual payment
maybe by means of a double click on the button TO PAY WITH YOUR ACCOUNT SEAWENS.COM
maybe by email, with the order form attached.
7. Product error
The Seller could not be held responsible for possible errors of keyboarding by the Customer nor of the consequences in terms of delay or errors of delivery. Thus, if the delivery cannot take place because of an error of keyboarding by the Customer, the expenses of reforwarding will be with its load. Moreover, the Customer will prohibit any claim because of the going beyond the delivery periods.
8. Delay or impossibility of placing an Order
The Seller could not be blamed and held for person in charge of the consequences of all events escaping his will, in particular emergency, which would tend to delay or prevent the placing of the order online.
ARTICLE 6 - PRICE
1. Composition and validity
The price of the Order is made up:
price of (be) Product(s) all unclusive of tax, Customers who require dual customs clearance services must contact sales before placing an order to confirm the specific cost.
expenses of treatment
expenses of delivery
2. Price of the Products
The prices of the Market products on the Website are indicated in USD Dollars. If the price of the same Product is stated on another site of the Website (for example on the homepage or the newsletter), it is the price indicated on the Product sheet which is taken. The Products are provided to the present price at the time of the placing of the Order.
3. Expenses of delivery
The aforementioned Expenses are indicated on the Order form. ALTERNATIVE: The deliveries abroad, with the DOM, etc… are the object of particular conditions of which the Customer will be informed, before the Validation of the Order form. The amount of the expenses of Delivery is determined by the total weight and the volume of the Delivery according to the tariffs applied by the Carrier. This participation covers the expenses of preparation of the Order and its specific packing. The amount of this participation is indicated in the summary of the Order.
4. Fluctuations in price
The realization of specific promotional operations can have like consequence a fluctuation in price of one or more Products, for one limited time in time and indicated on the website. The aforementioned fluctuations of price will not give the right to any refunding for the Orders placed apart from the period of promotion.
5. Possible errors
All the prices are given subject to manifest typographical error. If an error were to occur the Seller will contact the Customer to inform it error carried out by his services and will recall him that the Order will be invoiced in the corrected conditions. However, in the event of refusal by the Customer to accept the correction of the price, it will be free to cancel the corrected Order, without penalties.
ARTICLE 7 - PAYMENT
1. Payment
The payment must be carried out in USD Dollar, cash, the day of the Order. No moment, the versed sums could be regarded as down payments or installments. To regulate his Order, the purchaser has the following methods of payment:
- Credit card
- Paypal
- Xtranfer
- Western Union
- Payonner
- Bank Transfer
2. Card type
The bank cards accepted on the site are the following ones: Credit card, Visa or Mastercard. The Customer guarantees to the Seller whom it has the authorizations possibly necessary to use the method of payment that it will have chosen, during the recording of the order form. The Seller reserves the right to suspend or cancel any Order and/or delivery, whatever his nature and methods of execution, in the event of non-payment of any sum which would be due by the Customer or in the event of incident of payment. Penalties of an amount equal to the raised legal interest rate of 3 points are applicable full to the amounts due at the conclusion of a ten days deadline following the date of invoicing or as of notification of the banking rejection of payment for means of payment. The delivery of all new Order could be suspended in the event of delay of payment of a preceding Order and this notwithstanding the provisions of present. The Seller reserves the right to ask for a photocopy of the identity card of the Customer for any payment by banking check. In this case, the Order form will be regarded as actually validated by the Customer, only with reception of the required parts. For the higher amounts than 200 € exclusive of tax, the Seller reserves the right to ask a photocopy in conformity of identification papers.
3. Safety of the payments
For the safety of the transactions, the Seller requests the banking data from his Customers with each new Order. The Seller uses the secure systems of payment. At the time of the transaction of regulation, the Customer is automatically connected to the waiter of the processing center of the regulations. The banking data, protected by encoding, do not forward by the systems of the Seller, and are thus not preserved by him.
4. Customs
When ordering products on Hai Kong Electronics Co., Ltd to be delivered, you may be subjected to duties and taxes on imports, which are collected when the package reaches its destination. Any additional charges for customs clearance will be at your expense; we have no control over these charges. Custom policies vary widely from country to country, so contact your local customs department for additional information. Also, please note that when you place a IA-MALL.COM order, you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. Protecting your privacy is important to us and we draw attention to our international customers on the fact that cross-border deliveries may be opened and inspected by customs authorities.
ARTICLE 8 - ACCEPTANCE OF THE ORDER FORM
Except legitimate reason justifying the refusal of the order, the Order form will be expressly accepted by the Seller. It is specified right now that will receive the qualification of legitimate reason, the following elements:
Anomaly on the Order form
Refusal to pay
Delay of payment for the preceding Orders
Unavailability of the Products
Abnormal consumer behaviour
Consumer bad faith
Previous dispute
Incivility towards company employee
The Acceptance of the order form or the refusal of the order will be notified by the Seller with the Customer, by any means at its disposal: e-mail, mail. The contract will be definitively concluded, at the date of Acceptance of the order form.
ARTICLE 9 - DELIVERY
1. Place of delivery
The deliveries are carried out with the address indicated for this purpose by the Customer on the Order form. The address of delivery must obligatorily be a physical address (name, number, street, postcode, commune, country). Hai Kong Electronics Co., Ltd reserves the right to refuse any delivery towards a post office box.
2. Methods of delivery
Except typical case or unavailability of one or more products, the ordered products will be delivered in only once. Hai Kong Electronics Co., Ltd reserves the possibility, when an Order includes several references, of which some would be temporarily inalienable, or in final rupture, of dispatching the Order without the reference(s) missing(s). In the event of particular request of the Customer concerning the conditions of packing or carriage of the Products, duly accepted in writing by the Seller, the associated costs will be the object of a complementary specific invoicing, on estimate accepted beforehand by the Customer.
3. Delivery periods - Deadline of delivery
The delivery period of the Products appears explicitly in the product sheet. This time gets along except weekend and bank holidays, and subject to availability of the Products confirmed by the supplier. The deadline to which of Seller commits itself delivering the order is reproduced explicitly on the Order form. In the event of non-respect of the delivery date mentioned in the Order form, the Customer can cancel his Order by sending a registered letter with acknowledgment of delivery to the Customer service. Cancellation will not be taken into account by the Seller if forwarding or the delivery did not intervene between the sending and the reception of the aforesaid letter. In the event of non-respect of the deadline of delivery, the Seller will be able to exonerate whole or part of his responsibility while bringing the proof that the inexecution or the bad execution of the contract is ascribable to the Customer, with the unforeseeable and insurmountable fact of a third to the contract and/or in the event of major force. Products withdrawn at the counter cannot be returned, exchanged or refunded.
4. Reception
The Customer commits himself transmitting all the necessary information to the delivery in order to guarantee of it the good end (and in particular a phone number to which the Carrier can join it in the course of the day). The Customer engages, for itself or the product consignee, to take delivery of the goods to the address which it indicated. During the delivery, the Customer or the product consignee, must be able, if that is required of him, to be the proof of his identity. The Customer is held to check the condition of the delivered products. The Seller will replace as soon as possible and with his expenses, the delivered products whose apparent defects or the defects of conformity will have been duly proven by the Customer.
5. Returns
1. Situation in which goods can be returned: The Goods cannot be turned over that within the framework of the exercise of the right of retractation, defect of conformity or apparent defect.
2. How to return Goods: Goods are to be sent by the Customer to the Return Department. The right to repossess is exerted without penalties, except for the expenses of return which remain to the reponsibility of the Customer. The returns in cash on delivery will not be accepted.
A preliminary request for return can be made by the Customer to the Return Department, The Return Department proceeds to the taking into account of the return by the attribution of a file number. It is specified that the returns carrying the number of file allotted in accordance with the provisions of this paragraph will profit from an accelerated treatment procedure. The Products must be turned over in their original packaging.
Given that the previous conditions are met, the Return of the goods gives rise to the customer's repayment.
ARTICLE 10 - RIGHT OF RETRACTATION
The Customer has a 45 clear days deadline with date of reception, to turn over to him the ordered expenses, Products. The Products must imperatively be turned over to the Seller, accompanied by the Good of Retractation, in a perfect state of resale, their country of origin (packing, accessories, note…), duly sealed, and accompanied by the good of return signed according to the procedure described above. In accordance with the provisions of the article L 121-20-2 of the Code of Consumption, the right of retractation cannot be exerted:
for the supply of goods made according to the specifications of the Customer or clearly personalities or which, because of their nature, cannot be forward or are likely to worsen or to expire quickly
for the supply of audio or video recordings like for the supply of any reproducible work in order to preserving the copyrights, when they were loosened by the Customer
The limitation of the right of retractation is expressly mentioned on the Cards Produced of the Products concerned
ARTICLE 11 - TRANSFER OF PROPERTY - TRANSFER OF THE RISKS
The Seller preserves the property full and whole Market products to the perfect cashing of the price, in the main thing, expenses and inclusive of tax.
ARTICLE 12 - GUARANTEES
1. extended
guarantees provided by the manufacturers of the Products.
2. Exclusions of guarantees
No guarantee will be due if the Product was the object of modifications without prior consent and writing of the Seller or even of interventions as repair or conversation by people not approved by the manufacturer (or if the sold thing is used in an abnormal way or under abnormal conditions by reference to the note of employment provided by the manufacturer).
ARTICLE 13 - NOT PARTIAL VALIDITY
If one or more stipulations of these general terms of sale are held for nonvalid or are declared worthless pursuant to a law, of a regulation or following a definite decision of a court of jurisdiction, the other stipulations will keep all their force and their range.
ARTICLE 14 - NON RENUNCIATION
If the fact for one of the parts of not prevailing itself of a failure near the other part with any of the obligations born of these general terms of sale could not be interpreted for the future as a renunciation of the obligation in question.
ARTICLE 15 - APPLICABLE LAW AND COURT OF JURISDICTION
The sales of the Products are subjected to the China law.
Any litigation relating to interpretation, the execution, the rupture of the contract concluded between the Seller and the Customer, will be subjected to the Court of competent jurisdiction under the conditions of the common right.
ARTICLE 16 - PERSONAL DATA PROTECTION
The Customer has a right of access, of modification, correction and suppression of information relating to it to the Customer service.