Overview
Welcome to our site, your reliable online marketplace. Please review the
following basic rules that govern your use of the Inc. site. (the
"Agreement"). Please note that your use of the Inc. site (the
"Site") constitutes your unconditional agreement to follow and be
bound by these Terms of Use. Although you may "bookmark" a particular
portion of this Site and thereby bypass this Agreement, your use of this Site
still binds you to these Terms of Use. Inc. reserves the right to update or
modify these Terms of Use at any time without prior notice to you. Your use of
the Site following any such change constitutes your unconditional agreement to
follow and be bound by these Terms of Use as changed. For this reason, we
encourage you to review these Terms of Use whenever you use this Site.
Use of this site
By accepting these Terms of Use through your use of the Site, you certify that
you are 18 years of age or older. If you are under the age of 18 but at least
13 years of age you may use this Site only under the supervision of a parent or
legal guardian who agrees to be bound by these Terms of Use. Inc. does not
intentionally collect personal information about children under the age of 13.
Children under the age of 13 may not use this Site and parents or legal
guardians may not agree to these Terms of Use on their behalf. If you are a
parent or legal guardian agreeing to these Terms of Use for the benefit of a
child between the ages of 13 and 18, be advised that you are fully responsible
for his or her use of this Site, including all financial charges and legal
liability that he or she may incur. If you do not agree to (or cannot comply
with) any of these terms and conditions, do not use this Site. All billing and
registration information provided must be truthful and accurate. Providing any
untruthful or inaccurate information may constitute a breach of these Terms of
Use. By confirming your purchase at the end of the checkout process, you agree
to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons,
photographs, programs, music clips or downloads, video clips and written and
other materials that are part of this Site (collectively, the
"Contents") are intended solely for personal, non-commercial use. You
may download or copy the Contents and other downloadable materials displayed on
the Site for your personal use only. No right, title or interest in any
downloaded materials or software is transferred to you as a result of any such
downloading or copying. You may not reproduce (except as noted above), publish,
transmit, distribute, display, modify, create derivative works from, sell or
participate in any sale of or exploit in any way, in whole or in part, any of
the Contents, the Site or any related software. All software used on this Site
is the property of Inc. and protected by copyright laws. The Contents and
software on this Site may be used only as a purchasing resource. Any other use,
including the reproduction, modification, distribution, transmission,
republication, display, or performance, of the Contents on this Site is
strictly prohibited.
Objectionable Material
You understand that by using this Site or any services provided on the Site,
you may encounter Content that may be deemed by some to be offensive, indecent,
or objectionable, which Content may or may not be identified as such. You agree
to use the Site and any service at your sole risk and that Inc. shall have no
liability to you for Content that may be deemed offensive, indecent, or
objectionable.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress
and/or other intellectual property owned, controlled or licensed by Inc. or by
third parties who have licensed their materials to Inc. and its suppliers and
licensors expressly reserve all intellectual property rights in all text,
programs, products, processes, technology, content and other materials which
appear on this Site. Access to this Site does not confer and shall not be
considered as conferring upon anyone any license under any of Inc.s or any
third party's intellectual property rights. The Inc. names and logos and all
related product and service names, design marks and slogans are the trademarks
or service marks of Inc. No trademark or service mark license is granted in
connection with the materials contained on this Site. Access to this Site does
not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third
parties or hypertext links to third party sites or information are provided
solely as a convenience to you and do not in any way constitute or imply Inc.s
endorsement, sponsorship or recommendation of the third party, information,
product or service. Inc. is not responsible for the content of any third party
sites and does not make any representations regarding the content or accuracy
of material on such sites. If you decide to link to any such third party web
sites, you do so entirely at your own risk.
Indemnification
You agree to defend, indemnify and hold harmless Inc. from and against any and
all claims, damages, costs and expenses, including attorneys' fees, arising
from or related to your use of the Site.
Termination
These Terms of Use are effective unless and until terminated by either you
or Inc.. You may terminate this Agreement at any time, provided that you
discontinue any further use of this Site. Inc. also may terminate this
Agreement at any time and may do so immediately without notice, and accordingly
deny you access to the Site, if in Inc.s sole discretion you fail to comply
with any term or provision of this Agreement. Upon any termination of the
Agreement by either you or Inc., you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such
materials, whether made under the Terms of Use or otherwise. Inc.s right to any
Comments shall survive any termination of this Agreement.
Disclaimer
This site is provided on an "as is" and "as available"
basis. Inc. makes no representations or warranties of any kind, expressed or
implied, as to the operation of the site or the information, content,
materials, or products included on this site. To the full extent permissible by
applicable law, Inc. disclaims all warranties, expressed or implied, including,
but not limited to, implied warranties of merchantability and fitness for a
particular purpose. Without limiting the foregoing, Inc. disclaims any and all
warranties, expressed or implied, for any merchandise offered on this site. You
acknowledge, by your use of the Inc. web site, that your use of the site is at
your sole risk. This disclaimer does not apply to any product warranty offered
by the manufacturer of the item. This disclaimer constitutes an essential part
of this agreement.
Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort,
contract, strict liability or otherwise, shall Inc. or any of its employees,
directors, officers, agents, vendors or suppliers be liable to you or to any
other person for any indirect, special, incidental or consequential losses or
damages of any nature arising out of or in connection with the use of or
inability to use the Inc. web site, including, without limitation, damages for
lost profits, loss of goodwill, loss of data, work stoppage, accuracy of
results, or computer failure or malfunction, even if an authorized
representative of Inc. has been advised of or should have known of the
possibility of such damages. In no event will Inc. be liable for any damages in
excess of the fees paid by you in connection with your use of the site during
the six month period preceding the date on which the claim arose.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and
must cancel. We reserve the right, at our sole discretion, to refuse or cancel
any order for any reason. Some situations that may result in your order being
canceled include limitations on quantities available for purchase, inaccuracies
or errors in product or pricing information, or problems identified by our
credit and fraud avoidance department. We may also require additional
verifications or information before accepting any order. We will contact you if
all or any portion of your order is canceled or if additional information is
required to accept your order.
Pricing Information
While Inc. strives to provide accurate product and pricing information, pricing
or typographical errors may occur. Inc. cannot confirm the price of an item
until after you order. In the event that an item is listed at an incorrect
price or with incorrect information due to an error in pricing or product
information, Inc. shall have the right, at our sole discretion, to refuse or
cancel any orders placed for that item. In the event that an item is
mis-priced, Inc. may, at our discretion, either contact you for instructions or
cancel your order and notify you of such cancellation.
Force Majeure
The Sellers shall not be held responsible for the delay in shipment or
non-delivery of the goods due to war, earthquake, serious flood, fire and other
Force majeure causes agreed by both parties. However, the Sellers shall advise
the Buyers by fax/telex, immediately of such occurrence and within fourteen
days thereafter, shall send by airmail to the Buyers for their acceptance a
certificate issued by the competent authorities of the place where the accident
occurs as evidence thereof. Under such circumstances the Sellers, however, are
still under the obligation to take all necessary measures to hasten the
delivery of the goods. In case the late delivery exceeds ten weeks, the Buyers
shall have the right to cancel this Contract.
Arbitration
Where the parties fail to settle dispute within 30 days after such dispute
occurs, they agree to submit such dispute to China International Economic and
Trade Arbitration Commission for arbitration which shall be conducted in
accordance with the Commission's arbitration rules in effect at the time of
applying for arbitration. The arbitral awards are final and binding upon both
parties.
General
This Agreement represents the complete agreement between the parties and
supersedes all prior agreements and representations between them. Headings used
in these Terms of Use are for reference purposes only and in no way define or
limit the scope of the section. If any provision of this Agreement is held to
be unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable and the other terms of this Agreement
shall remain in full force and effect. The failure of Inc. to act with respect
to a breach of this Agreement by you or others does not constitute a waiver and
shall not limit Inc.s rights with respect to such breach or any subsequent
breaches.