Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using the https://chinagarden-schijndel.nl website operated ChinaGarden. In the whole extent of this website, every point the terms “we”, “us” or “our” is used, refers to ChinaGarden , including all information, tools and services available from this site to you, the user, it is conditioned upon your acceptance of all the terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you involve in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”) stated, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service is applicable to all users of the site, including without limitation every user who are browsers, vendors, customers, merchants, and/or contributors of site content.
By using https://chinagarden-schijndel.nl, these terms will automatically apply to you. You’re not allowed to copy or modify the website, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the website, and you also shouldn’t try to translate the site into other languages or make derivative versions. The Website, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to ChinaGarden.
ChinaGarden is committed to ensuring that our Website is as useful and efficient as possible. For that reason, we reserve the right to make changes to the services, at any time. We will never charge you for any service without making it very clear to you precisely what you’re paying for.
With respect to ChinaGarden’s responsibility for your use of the website, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you.
Kindly be sure you read these Terms of Service diligently before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you disagree to all or any of the terms and conditions of this agreement, then you may consider not to access the website, or use any of the services. If these Terms of Service are considered an offer, acceptance is solely limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can always review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or retrieve any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMSYou may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not impart any malware or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
CHANGES TO THE SERVICE AND PRICESWe reserve the right attitude and change these terms and conditions with complete freedom. any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
PRICES AND PAYMENTPrices and payment details are specified on the website or in the Store. Prices shown in the currency mentioned on the store are shown exclusive of VAT, import duties and other government-imposed taxes, duties, and levies.
Payment can be made by credit card, Debit card, and/or as further described on the store and/or in the Service.
The User guarantees that the information submitted when using the Service, including without limitation, its payment details, shall be complete, correct, truthful and up to date. The User must inform ChinaGarden immediately about any inaccuracies in the offer provided or the payment details described, including the price.
During the period of validity indicated in the offer for the product, the prices of the product will not be increased, except for price changes in VAT-tariffs. After such period, ChinaGarden is entitled to adjust its price for the Service. ChinaGarden shall notify the User in advance. Such notice may be provided at any time by posting the changes to the Website or via the product itself.
HOW TO ORDER THROUGH THE SITEAfter placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. Once an order has been placed, IT CANNOT BE CANCELED. We apologize for any inconvenience this may cause. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our store or our third party fulfillment provider’s inventory.
PRICES, AVAILABILITY AND ERRORS
Products on our online store through https://chinagarden-schijndel.nl are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced, the quantity or availability of a product may have changed just prior to you placing your order or other errors may be displayed on the product page. We will normally verify prices, availability and confirm there are no errors on the product page as part of our dispatch procedures.
Where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an order confirmation without penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our inventory, our third party fulfillment provider’s inventory, or a Marketplace Seller’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if the product you ordered is unable to ship due to unavailability.
We reserve the right to correct any errors, inaccuracies or omissions on a product page. We reserve the right to rescind our acceptance and cancel your order without penalty in the event there is an obvious and unmistakable error on the product page, in our reasonable discretion. If you have already received your order, we will do our best to resolve your concern.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to decline any order you place with us. We may, in our exclusive discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the case that we make a change to or call off an order, we may attempt to notify you by contacting through the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You are bound to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as required.
For more detail, please review our Returns Policy.
Some products and services on our website are available via our Service may include links and content from third-parties. Third-party links on this site may direct you to third-party websites or application that is not affiliated with us. ChinaGarden is not responsible for examining or evaluating the content or accuracy of such website or application and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
You’re obliged to review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat, online review, or participation in our Community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, our users and customers and/or you.
We reserve the right, but not the obligation, to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers, our rights or any third party. We assume no liability for any action or inaction with respect to conduct, communication, or Content on the Site.
INTELLECTUAL PROPERTY RIGHTS
ChinaGarden and/or its licensors reserve all rights not expressly granted to the User in these Terms & Conditions. The User acknowledges and agrees that – except as explicitly outlined in these Terms & Conditions – ChinaGarden retain all rights, title, and interest, including the Intellectual Property Rights, in and to the Service as well as to any modifications, adaptations or translations thereof. The User acknowledges and agrees that it does not acquire any rights therein, express or implied, except for the rights expressly granted under these Terms & Conditions.
The User is explicitly not allowed to download, copy, amend, make available, or provide otherwise (parts of) the Website or other materials made available to the User by means of the Service, for direct or indirect commercial purposes or for any other purposes than the purposes mentioned in these Terms & Conditions. Unless ChinaGarden has provided its prior written consent to it.
The User is not permitted to sell, rent out, transfer or grant restrictive rights to the Service, or make it available to third parties in any way or for any purpose not explicitly mentioned in these Terms & Conditions. The User will also refrain from granting third parties access – remotely or otherwise – to the Service or to provide the Service to a third party, not explicitly provided for in these Terms & Conditions.
The User is prohibited from reversing engineer (parts of) the Website or other materials made available to the User using the Service, to the extent legally permissible.
ChinaGarden will be permitted to install technical provisions to protect its Website about an agreed restriction on the content or the term of the right to use thereof. The user is not allowed to remove or circumvent such technical provisions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not include libelous or otherwise unlawful, offensive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate anyone, or otherwise mislead us or third-parties as to the origin of any comments. You are solely accountable for any comments you make and their genuineness. We take no responsibility and assume no liability for any comments posted by you or any third-party.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We therefore underwrite in no pledge or represent or warrant that your use of our service will be uninterrupted, timely, assured, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your volition and sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ChinaGarden , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Manufacturers, service providers or licensors be responsible or liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATIONYou agree to indemnify, protect and hold harmless to ChinaGarden, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your infringement of any law or the rights of a third-party.
SEVERABILITYIn the case that any provision of these Terms of Service is discovered to be unlawful, null or unenforceable, such provision shall notwithstanding be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be viewed to be cut off from these Terms of Service, such determination shall not affect the credibility and enforceability of any other remaining provisions.
The obligations and liabilities of the parties obtained prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective except and until terminated by either you or us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to abide by any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may withhold you of access to our Services (or any part thereof).
Our inability to exercise or enforce any right or provision of these Terms of Service shall not constitute a discharge of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, pre-empt any prior or synchronous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CHANGES TO TERMS OF SERVICEYou can always review the most recent version of the Terms of Service at any time at this page. We reserve the right, at our sole judgment, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your obligation to check our website at regular timing for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
If you would like to: access, correct, register a complaint, or simply want more information please contact us directly. Via email: firstname.lastname@example.org
ChinaGarden SchijndelPlein 1944 20, 5481 AR Schijndel
TEL:073 – 547 42 10