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Welcome to HappyBuyChina, your
reliable online marketplace. Please review the following basic rules
that govern your use of the HappyBuyChina site. (the
"Agreement"). Please note that your use of the HappyBuyChina 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.
HappyBuyChina 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.
HappyBuyChina 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 HappyBuyChina
or its suppliers and protected by U.S. and international 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
HappyBuyChina and its affiliates 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
HappyBuyChina, one of its affiliates or by third parties who have
licensed their materials to HappyBuyChina and are protected by
China. and international copyright laws. The compilation (meaning
the collection, arrangement, and assembly) of all Contents on this
site is the exclusive property of HappyBuyChina and is also
protected by China and its international copyright laws.
HappyBuyChina 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
HappyBuyChina's or any third party's intellectual property
rights.
The HappyBuyChina names and logos and all related product and
service names, design marks and slogans are the trademarks or
service marks of HappyBuyChina. 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 HappyBuyChina's endorsement, sponsorship or
recommendation of the third party, information, product or service.
HappyBuyChina 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 HappyBuyChina and its affiliates 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 HappyBuyChina. You
may terminate this Agreement at any time, provided that you
discontinue any further use of this Site. HappyBuyChina 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
HappyBuyChina'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 HappyBuyChina, 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. HappyBuyChina's right to any
Comments shall survive any termination of this Agreement.
Disclaimer
This site is provided by
HappyBuyChina on an "as is" and "as available" basis.
HappyBuyChina makes no representations or warranties of any kind,
express 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, HappyBuyChina
disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose. Without limiting the foregoing, HappyBuyChina
disclaims any and all warranties, express or implied, for any
merchandise offered on this site. You acknowledge, by your use of
the HappyBuyChina 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. Some states do not allow
limitations on how long an implied warranty lasts, so the foregoing
limitations may not apply to you.
Limitation of Liability
Under no circumstances and under
no legal or equitable theory, whether in tort, contract, strict
liability or otherwise, shall HappyBuyChina or any of its
affiliates, 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 HappyBuyChina 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 HappyBuyChina has been
advised of or should have known of the possibility of such damages.
In no event will HappyBuyChina 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 HappyBuyChina strives to
provide accurate product and pricing information, pricing or
typographical errors may occur. HappyBuyChina 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, HappyBuyChina 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,
HappyBuyChina 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 HappyBuyChina to act with
respect to a breach of this Agreement by you or others does not
constitute a waiver and shall not limit HappyBuyChina's rights
with respect to such breach or any subsequent breaches. This
Agreement shall be governed by and construed under law without
regard to conflicts of law provisions. Any action or proceeding
arising out of or related to this Agreement or your use of this Site
must be brought in the China Beijing Court and you consent to the
exclusive personal jurisdiction of such courts. |
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