GENERAL TERMS AND CONDITIONS Emiblue.
1.Introduction
1.1 These Terms and Conditions apply to the use of our Website or the purchase of Products offered through our Website.
1.2 Defined terms and interpretation for these Terms and Conditions are set out in clause 26.
2. Acceptance
2.1 You represent and warrant that:
(a) you are an individual and are 18 years of age or older;
(b) you are competent to enter into a legally binding contract with us; and
(c) you are not barred under any applicable law or contract from entering into a legally binding contract with us.
2.2 We reserve the right to request written confirmation regarding your authority to agree to these Terms and Conditions.
2.3 You represent and warrant that you have not:
(a) been convicted of a computer or internet-related offence; and
(b) been denied Products or access to the Website in the past.
2.4 We reserve the right to deny you access to our Website if we deem such refusal necessary or appropriate.
2.5 Placing an order:
(a) your representation and warranty that you have read these Terms and Conditions carefully and in their entirety;
(b) your offer to purchase the Order solely in accordance with these Terms and Conditions;
(c) your acceptance that an Order Confirmation will be made solely on the basis of these Terms and Conditions; and
(d) your commitment to us to comply with these Terms.
2.6 If you do not agree to these Terms, you should not use the Website or purchase any Products.
2.7 You must expressly agree to these Terms in order to:
(a) submit information to or through our Website; or
(b) purchase a Product.
2.8 By visiting our Website, purchasing Products or agreeing to these Terms:
(a) you also agree and consent to our Privacy Policy and
(b) you agree and consent to abide by our Acceptable Use Policy (see clause 12 below for more information).
2.9 We recommend that you print out a copy of these Terms and Conditions for future reference.
2.10 If you do not agree to these Terms and Conditions, you cannot place an Order or communicate with us.
3. Personal use
You acknowledge that you will only use the Website to purchase Products for your own personal and non-commercial use, as a principal and not as an agent or on behalf of any other person.
4. Price
4.1 The prices for Products listed on our Website include delivery charges but exclude all charges, taxes, customs duties, levies or similar government imposed charges ("duty unpaid and untaxed").
4.2 All duties, taxes, customs duties, taxes or other government-imposed charges and declarations for importing the Products to the Delivery Address shall be your responsibility and shall be at your expense and shall be exclusive of the prices of the Products. All deliveries may in individual cases incur further costs for which the Seller is not responsible and which must be borne by the Customer. These include costs in addition to shipping costs, customs duties or import taxes may also be incurred, if the goods are shipped from a non-EU country (China), whether customs duties are incurred for a product is to be clarified with our customer service before ordering. Customs duties or import tax are not paid by us and are the responsibility of the buyer. Our goods are always shipped "tax-free and untaxed". The buyer is the "registered importer" and is responsible for the correct payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. As rules for importing goods vary from country to country, you should check your country's customs duties and import taxes before placing your order. The buyer is obliged to fully verify compliance with all laws and regulations of the importing country upon receipt of the goods.
4.3 We make every effort to ensure that all details, descriptions and prices of Products listed on our Website are accurate. However, errors may have been made. If we discover that a pricing error has been made, we will notify you as soon as possible and offer you the opportunity to reconfirm your Order at the correct price or cancel it. If we are unable to contact you or do not receive a response from you, the Order will be considered cancelled and you will be refunded in full. If you choose to reconfirm your Order, we will arrange delivery of your Order and charge or refund amounts as set out in our notification to you shortly after receiving your reconfirmation of your Order on the form and method of payment used to place the Order.
4.4 We are under no obligation to fulfil an Order if the price on the Website is incorrect (even after you have received an Order Confirmation).
4.5 Prices may change from time to time. However, such changes will not affect Orders for which an Order Confirmation has been sent.
5. Placing an Order
5.1 Once you have placed an Order, all Orders are subject to stock availability. If we have sufficient stock to fulfil your Order, you will receive an Order Confirmation which will serve as our acknowledgement of receipt of your Order. In the event of delivery problems or unavailability of stock to fulfil your Order, we will notify you by email and refund any payments for the Order.
5.2 A Contract is only formed when we have sent you an Order Confirmation and only in relation to the Product(s) specified in the Order Confirmation. These Terms and Conditions form part of the Contract and apply to the exclusion of all other terms and conditions.
5.3 If your Order consists of more than one Product, the Products may be delivered to you in separate deliveries at different times.
5.4 We reserve the right to remove Products from the Website at any time. We also reserve the right to amend or remove any material or content from the Website. We will not be liable to you or any third party for the removal of any Product from our Website or the editing or removal of any material or content from our Website.
5.5 We reserve the right to refuse or reject any Order placed by you at any time (even after we have sent you an Order Confirmation). We will not be liable to you or any third party for cancelling or rejecting an Order.
5.6 If we cancel your Order after we have received payment (and even after we have sent you an Order Confirmation), the payment for the Order will be refunded to you in full.
6. Payment
6.1 You may pay for Products through a payment intermediary listed on our Website.
6.2 You may also pay all or part of your Order using a discount voucher provided by us. Discount vouchers can only be entered online at checkout.
6.3 We may use payment intermediaries to process payments between you and us. You agree that we may provide documents and information about you to payment intermediaries, including documents and information containing your personal data.
6.4 We are not a regulated payment processor or money transfer agent and are not responsible for payment problems or failures caused by payment intermediaries.
6.5 You are responsible for providing complete and accurate information in the payment process and all payments must be made using your own funds. By placing an order, you confirm that:
(a) the payment method used to make the payment is yours;
(b) if applicable, you are the rightful holder of the coupon; and
(c) you have sufficient funds or credit facilities to pay for the relevant Order.
6.6 We shall not be liable or responsible for any unauthorised use of your credit, debit or prepaid cards by any third party, even if such cards have been reported as stolen. We may notify all relevant authorities (including credit reference agencies) of fraudulent charges or other unlawful activity.
6.7 You will not:
(a) make or attempt to make a chargeback in respect of any payment you have made for Products; or
(b) reverse a payment you have made in respect of Products.
6.8 You will fully indemnify us, and keep us fully indemnified, for any chargeback or reversal of payments made by you, and for any loss, cost, liability or expense incurred by us arising out of or in connection with any such chargeback or reversal.
7. Delivery
7.1 We will endeavour to deliver your Order to the Delivery Address you have provided when placing your Order.
7.2 We will provide an estimated delivery date when you checkout your Order.
7.3 We may notify you if we expect that we will be unable to meet the estimated delivery date, but we will not be liable for any loss, liability, costs, damages, charges or expenses arising from late delivery, to the extent permitted by law.
7.4 We may not be able to deliver Products at certain locations. In this case, we will notify you and arrange for cancellation and refund of the Order or delivery of the Order to an alternative delivery address confirmed by you.
7.5 Risk in the Product shall pass to you on delivery to the Delivery Address, unless delivery is delayed due to your failure to comply with your obligations under these Terms and Conditions. Risk shall pass on the date on which delivery would have taken place if you had not defaulted.
7.6 If you are unavailable to take delivery of your Order, we may leave a card with instructions for the carrier to redeliver or collect your Order.
7.7 If delivery or collection is delayed due to your unreasonable refusal to take delivery of the Order or if you fail to take delivery or collect the Order from the carrier, we may charge you our costs and other reasonably incurred costs for returning the Order to the sender, without prejudice to any other rights or remedies available to us.
7.8 Orders are usually processed and shipped within 1-4 business days after confirmation of payment. Estimated delivery time is 4-12 working days on average, depending on the destination and shipping method. In exceptional cases, such as high demand or logistical delays, delivery may take longer. If an order takes longer than the estimated delivery time, we will inform the customer in good time. We do not ship immediately; orders are processed by our suppliers and shipped as soon as they are in stock. Orders are not marked as shipped until they are actually handed over to the carrier and a tracking number is available.
7.9 All duties, levies, customs duties, taxes or other governmental charges and declarations for importing the Products to the Delivery Address are your responsibility and shall be at your expense and are exclusive of the prices of the Products. All deliveries may in individual cases incur further costs for which the Seller is not responsible and which must be borne by the Customer. These include costs in addition to shipping costs, customs duties or import taxes may also be incurred, if the goods are shipped from a non-EU country (China), whether customs duties are incurred for a product is to be clarified with our customer service before ordering. Customs duties or import tax are not paid by us and are the responsibility of the buyer. Our goods are always shipped "tax-free and untaxed". The buyer is the "registered importer" and is responsible for the correct payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. As rules for importing goods vary from country to country, you should check your country's customs duties and import taxes before placing your order. The buyer is obliged to fully verify compliance with all laws and regulations of the importing country upon receipt of the goods.
8. Cancellation or modification of orders
8.1 Once an Order has been placed through our Website, you may cancel or amend your Order by sending us an email. Provided that we have been able to process your email in time. We cannot guarantee that we will be able to cancel your Order. We work with automated systems. Busy times also play a role. We are not responsible for the cancellation process and will do our best to process it in time.
8.2 Once an Order is packaged, it cannot be cancelled or changed and must instead be returned to us in accordance with paragraph 10 below. As our goods are shipped from Asia, there may be longer transit times over which we have no control. If the products are already on their way to you, cancellation is not possible. Please wait until you receive the goods and return them to us. You can, of course, inform us of your cancellation in advance. To ensure the fastest possible return, we ask you to send us a shipping confirmation. An early refund is possible at the earliest 16 weeks after receipt of the order if the goods have not been received.
8.3 As we work with a fully automated system, orders are processed immediately after being placed. Therefore, we unfortunately cannot interrupt the shipping process until delivery, so a refund for receipt of goods is only possible up to 24 hours after placing an order.
9. Defective Products
9.1 You acknowledge that the Products are of standard quality and not customised to meet any specific requirements you may have.
9.2 All product descriptions, information and materials on the Website are provided "as is" and without warranties, express or implied, or otherwise.
9.3 Product images may vary slightly from the actual Product you receive.
9.4 If the Product you receive is defective, please send us an email informing us of the Product to be returned and a photo of the defective Product.
9.5 You may return the Product to us in accordance with clause 10.
9.6 We will examine the Product upon receipt. Our processing time depends on your order.
9.7 We will send you an email if we consider that the Product is defective.
9.8 Our sole liability to you in respect of defective Products is (at our sole option):
(a) replacing the Product and paying the cost of delivering the Products to the Delivery Address, in which case you must return the defective Product to us and we will then deliver a replacement Product to the Delivery Address; or
(b) pay you an amount equal to the price of the Product and return the defective Product to us. We will pay this amount to you by crediting the account from which we received the payment, and using the same payment method.
(c) If your Product arrives defective, damaged or non-functional upon delivery, please contact us within 3 days of receiving the Product. The customer must provide a photo or video as proof of the defect, along with a description of the problem. Additional evidence may be requested if necessary. Â
9.9 If we determine that the product is not defective, we may, at our discretion, refuse to refund your money for the product and may require you to pay all reasonable maintenance costs and charge this to the payment method used to place the order. We will not be liable for any loss, liability, costs, damages, charges or expenses arising from this paragraph to the fullest extent permitted by law.
10. Returns and refunds
10.1 Our returns policy forms part of these Terms and Conditions under which you can access and use our Website.
If you wish to return a product due to withdrawal, the return costs are at your own expense. In case we have delivered an incorrect or defective item, we will cover the return costs, provided the defect has been confirmed.
To claim a defect, you must send a clear video of the problem to our customer service. If the defect cannot be confirmed via the video, we may ask you to return the product for a physical inspection. If the defect is recognised after inspection, we will refund the return costs. If the defect is not confirmed, you will be responsible for the return costs.
10.2 If you are not completely satisfied with your Order, you can notify us by e-mail which Product you wish to return and return the Product to us. The withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, received or took delivery of the last goods. Return form incl. return address:Â CLICK HERE**
10.3 The cost of return shipping will be borne by the Customer.
10.4 To be eligible for a refund, the Product must have been received by us. We will inspect the returned Product on arrival.
10.5 You must ensure that the Product is returned to us in the same condition in which you received it and that it is properly packaged. The Product must be unused, labels must not have been tampered with and the Product must be in its original packaging. If a Product is returned to us in unsuitable condition, we reserve the right to refuse the return of the Product.
10.6 The processing time for your return depends on your order.
10.7 If we are satisfied with the condition of the returned Product, we will send you an email to approve your return. After we inform you that your return has been approved, the amount will soon be refunded to the account used to place the Order.
10.8 Withdrawal is complete when the physical goods are received by us.
10.9 As our goods are shipped from Asia, there may be longer transit times over which we have no control. If the goods are already on their way to you, revocation is not possible. Please wait until you have received the goods and return them to us. You can, of course, notify us of your cancellation in advance. To ensure the fastest possible return, we ask you to send us a shipping confirmation. An early refund is possible at the earliest 16 weeks after receipt of the order if the goods have not been received.
10.9Â Insurance without refund
Our transport insurance protects against loss, damage or theft in transit for a small additional fee. By purchasing this optional service, you insure yourself against unforeseen problems during delivery.
Insurance refund policy :
1.     non-refundable service :
o   Shipping Insurance is a non-refundable service. Once the product is shipped, the insurance is considered fulfilled and is non-refundable even if the product is rejected or not collected.
2.     Coverage :
o   The insurance applies only to incidents during transportation, such as damage, loss or theft. Problems with the product after delivery are not covered.
3.     Voluntary purchase:
o   By opting for the insurance, you agree to its non-refundable nature.
4.     Returns and refunds :
o   In case of returns, only the product price and any standard shipping costs will be refunded. The cost of shipping insurance will not be refunded.
5.     Refused or unclaimed deliveries :
o   If a parcel is returned because it has been refused or not collected, the insurance cost will not be refunded.
6.     Disclaimer:
o   This policy complies with EU consumer protection rules for optional and non-refundable services.
11. Vouchers
11.1 You may use our promotional vouchers or discounts when paying for Products on the Website.
11.2 To redeem a voucher or apply a discount, the voucher or discount code must be entered on the checkout page of our Order.
11.3 Upon entering and applying the voucher code or discount code, the voucher or discount will be deducted from the total amount of your Order at checkout.
12.4 You may only redeem or use one promotional voucher or discount per Order.
11.5 The balance of an action voucher does not bear interest and has no cash value.
11.6 If the credit of a discount voucher is not sufficient for your Order, you may pay the difference via a separate payment method available on the Website.
11.7 If you use a coupon for an Order that has been returned, you will not be refunded the value of the coupon. However, if you have paid a portion using another payment method, this portion may be refunded.
12. Acceptable use
12.1 You may not ("Prohibited Acts"):
(a) use our Website in any way or take any action that causes or is likely to cause damage to the Website or impairment of the Website's performance, availability or accessibility;
(b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Website to copy, store, host, transmit, use, publish or distribute material consisting of (or linked to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits or other malicious computer software;
(d) not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction or data harvesting) on or in relation to our Website without our express written consent;
(e) access or otherwise interact with our Website using a robot, spider or other automated means;
(f) violate any guidelines set out in the robots.txt file associated with our Website;
(g) use information collected through our Website for any direct marketing activity (including e-mail marketing, SMS marketing, telemarketing or direct mailing);
(h) use information collected through our Website to contact individuals, companies or other persons or entities;
(i) use or direct the Website to communicate with devices, unless you are expressly authorised to do so;
(j) use Website infrastructure, directly or indirectly, to initiate, spread, participate in, lead or attempt an attack, hack or send bandwidth-consuming, malicious or potentially harmful network messages to any device, whether or not owned by us;
(k) directly or indirectly, copy, publish, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive or access the structure or source code of the Website (whether by creating derivative works from the source code or otherwise);
(l) use or access the Website for the purpose of compiling a similar or competing product or service or for the purpose of benchmarking or comparing Products to third parties;
(m) sell, assign, sublicense, transfer, distribute or lease your access to the Website;
(o) make the Website available to third parties via a private computer network
(p) edit or otherwise alter the content or paper or digital copies of any material printed or copied from our Website;
(q) use the Website in a manner prohibited by any law or regulation applicable to the use of the Website
(r) make illegal enquiries or place illegal Orders; or
(s) place speculative, false or fraudulent Orders.
12.2 You acknowledge that you will be liable to us for any damage, loss, liability, costs or expenses suffered or incurred by us as a result of or in connection with any Prohibited Action performed or authorised by you.
12.3 You undertake to notify us as soon as reasonably practicable after you become aware of any person performing a Prohibited Act. You will provide us with reasonable assistance in relation to any investigations we may conduct as a result of information you provide in this regard.
12.4 You will ensure that any information you provide to us through our Website, or in relation to our Website or the Products:
(a) is true, accurate, current and complete, and not misleading;
(b) complies with all applicable laws and regulations
(c) does not infringe the privacy, data protection, confidentiality or intellectual property or other rights of any person; and
(d) is not offensive, abusive, pornographic, defamatory, untrustworthy, misleading, illegal or otherwise objectionable.
12.5 You will promptly provide us with any documents or other information that we request to verify your identity. You will promptly update any information you provide to us so that all your records with us are complete and accurate at all times.
12.6 You must comply with, and it is your responsibility to ensure that you comply with, all applicable laws relating to your use of the Website, whether based on your country of residence, the place from which you access the Website, or otherwise.
12.7 Please email us if you become aware of any material or activity on our Website that violates these Terms.
13. Linking to Website
13.1 Links from our Website to other websites and resources provided by third parties are provided for information purposes only. Links to other websites and resources from our Website should not be construed as, and do not constitute, a recommendation or endorsement by us of those linked websites or resources, or any information you may obtain from them.
13.2 You acknowledge and agree that we have no rights or control over the content of any other websites or resources linked or referred to on our Website.
13.3 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.4 You must not link in a way that suggests any form of association, approval or endorsement on our part where none exists.
13.5 You must not place a link to our Website on a website that is not owned by you.
13.6 Our Website may not be framed on any other site, nor may you link to any part of our Website other than the home page.
13.7 We reserve the right to revoke permission to link without notice.
13.8 The website to which you link must comply in all respects with the content standards set out in our Acceptable Use Policy (see paragraph 12 above).
13.9 Please contact us to obtain prior consent for a link to our website that does not comply with this paragraph 13.
14. Intellectual property rights
14.1 The code, structure and organisation of the Website are protected by intellectual property rights.
14.2 We are the owner or the licensee of all Intellectual Property Rights in our Website and in the content and material published on it. These works are protected by applicable laws and treaties around the world. All such rights are reserved.
14.3 You may only use the Website and any content on the Website for personal and non-commercial use and in accordance with these Terms. Content on the Website includes content relating to the Products.
14.4 You agree to notify us of any suspected infringement of Intellectual Property Rights belonging to us.
14.5 You may not use our trademarks without our prior written consent unless they form part of material you use (and reproduce exactly) as permitted under paragraph 13 above.
15. Privacy
15.1 Our Privacy Policy forms part of these Terms and Conditions under which you may access and use our Website.
15.2 We use cookies on our Website. We also use cookies to track how our Customers prefer to view our Website. By accepting these Terms and Conditions, you also agree to our use of cookies for this purpose. More information about cookies can be found in our Privacy Policy.
15.3 If you provide us with your personal data, we will process such personal data in accordance with your instructions from time to time and we will take appropriate security measures to protect such personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage.
15.4 Unless specific security measures apply or are otherwise agreed in writing, information and documents arising as part of the sale of the Products may be shared between us and such information and documents in particular may be accessible in electronic form to our employees, officers, consultants or agents.
16. Viruses
16.1 We do not warrant that our Website is secure or free from bugs or viruses.
16.2 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You must use your own virus protection software.
16.3 You must not misuse our Website by deliberately introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful.
16.4 You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.
16.5 You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
16.6 If, in our opinion, you have breached the provisions of this paragraph 16, your right to use our Website will be terminated immediately. We may report any breach to the relevant law enforcement authorities and will do so if required by applicable law.
17. Liability
17.1 Subject to clause 17.13, we disclaim all liability to the fullest extent permitted by law, and accept no responsibility, for any losses to you or any other person arising from:
(a) third party content or user content;
(b) our content, and in particular the accuracy, completeness or current status of our content
(c) the Products, and in particular the quality, images, description or specifications, conformity with the description and reasonable fitness for purpose of the Products;
(d) reliance on any information or functionality provided on or through these Terms or our Website;
(e) inability to access the Website or any part thereof, or that access is interrupted or partially interrupted or faulty at any time; and
(f) non-performance or delay in the performance of any obligation by us, whether or not we have been given prior notice thereof, if and to the extent that the non-performance or delay is caused by a circumstance beyond our reasonable control and including telecommunications failures, power failures, terrorism, fuel strikes, severe weather, computer failures, non-compliance with delivery requirements by suppliers, industrial disputes and absence of staff due to illness or injury, and the time for performance of any obligation whose performance is affected thereby will be extended accordingly.
17.2 We shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with these Terms and Conditions for any loss of profits, loss of business opportunities, loss of goodwill, loss of anticipated savings or benefits, or for any indirect, special or consequential loss or damage of any kind, even if such loss or damage was reasonably foreseeable or the party concerned was aware of the possibility of such loss or damage occurring.
17.3 Our liability arising directly or indirectly from these Terms and Conditions (including your purchase of Products from us under these Terms and Conditions), or not otherwise expressly excluded under these Terms and Conditions, shall be limited to and capped at the greater of US$1000 or a multiple of five times the price you paid for the Products giving rise to the liability. The amount of this limitation of liability shall be reduced by the amount of any unpaid amounts due to us.
17.4 Any claim by either party for breach of contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Terms and Conditions must be made within one year of the act or omission alleged to have caused the loss or expense.
17.5 Except to the extent claims cannot be excluded or limited by law, you may not bring a claim arising out of or in connection with these Terms and Conditions against any of our employees, officers, consultants or other representatives involved in the performance of the relevant obligations.
17.6 All representations or warranties, whether contractual or non-contractual, and all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, trade custom or otherwise (including implied assurances of satisfactory quality, conformity to description and reasonable fitness for purpose) are excluded to the fullest extent permitted by law.
17.7 Only one claim against us (including our employees, officers or consultants) may arise from one act or omission. One act or omission includes one set of related acts or omissions, the same act or omission in a set of related matters or similar acts or omissions in a set of related matters and includes all claims arising from one cause of action.
17.8 The limitations in this clause 17 apply to our entire liability to you (including all other third parties to whom we become liable, whether we agree or not) in respect of any claim, and you and all such other persons may make only one claim against us together in respect of the same loss.
17.9 Where a limitation of liability applies, regardless of its amount, the limitation applies to the entire performance of services or supply of Products by us, and no separate aggregate limitation of liability applies to you, any group company to which you belong, or any person appointed by a business user.
17.10 If we are jointly and severally liable with another party, we will only be liable to pay you the part of the liability that is reasonably attributable to our fault. We will not be liable to pay you the part of the liability attributable to another party's fault for which that other party would otherwise be liable.
17.11 Our liability to you will be reduced by the part for which the other party would have been liable if
(a) you had also brought proceedings or claims against that other party; or
(b) we had brought an action or claim against that other party under the Civil Liability (Contribution) Ordinance or similar law in another relevant jurisdiction.
17.12 In determining whether other parties may be liable to you, your inability to pursue remedies against another party because remedies against that party are time-barred, or the party's lack of remedies or reliance on exclusions or limitations of liability or the fact that the other party has ceased to exist will not be taken into account.
17.13 The exclusions and limitations of liability in these Terms and Conditions do not affect our liability
(a) for death or personal injury resulting from our negligence;
(b) for fraud or reckless disregard of professional duty;
(c) for any other liability which cannot be excluded or limited in the jurisdiction under which a relevant claim falls, including limitations on our right to limit our liability; and
(d) in any other case, to limit our liability to less than the minimum amount that may be required in the circumstances under any other law or regulation relevant to the claim, in which case such minimum amount shall be deemed to be in lieu of the amount that would otherwise apply.
17.14 These provisions are exhaustive in respect of the remedies for monetary damages of either party or a third party against either party arising out of or in connection with these Terms and Conditions.
18. Indemnification
18.1 You shall on demand fully indemnify and keep indemnified the Indemnified Parties from and against all claims, costs and losses of whatever nature that the Indemnified Parties may suffer or incur as a result of or in connection with:
(a) any material breach of the provisions of these Terms and Conditions by you;
(b) fraud, negligence, misconduct or reckless neglect in or in relation to your obligations under these Terms and Conditions; and
(c) your use of our Website.
18.2 We shall be entitled to recover from you all out-of-pocket costs reasonably incurred by us in connection with an indemnified claim, and all such costs must be paid on demand.
19. Force majeure event
19.1 If a Force Majeure Event lasts longer than one week, we may immediately terminate the Terms and Conditions by written notice and without any liability other than a refund of the Product already paid by you and not yet delivered.
19.2 We reserve absolute discretion as to the solution we choose to fully perform our obligations under these Terms and Conditions if a Force Majeure Event occurs.
20. Variations
20.1 We may amend these Terms and Conditions from time to time. We will give you prior notice of any significant changes that we believe may adversely affect you. We will notify you of any changes to these Terms and Conditions. The Terms and Conditions in force from time to time apply to your use of our Website and any Products offered through our Website.
20.2 If you do not agree to any revised Terms and Conditions, you must stop using our Website or purchasing our Products.
20.3 If you have given your express agreement and consent to these Terms and Conditions, we will ask you for your express agreement and consent to any revisions to these Terms and Conditions prior to your first purchase of Products after the revision becomes effective. If you have not given your express consent to the revised Terms within a period specified by us, you must cease using the Website or purchasing our Products.
21. Your breach
21.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or we reasonably suspect that you have breached these Terms in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our Website
(c) stop processing an Order
(d) refuse to receive any payment from you
(e) permanently deny you access to our Website
(f) deny computers holding your IP address access to our Website
(g) contact one or more of your internet service providers and request them to block your access to our Website; or
(h) take legal action against you, whether for breach of contract or otherwise.
21.2 If we suspend, prohibit or block your access to our Website or any part of our Website, you may not take any action to circumvent such suspension, prohibition or blocking.
22. Termination and suspension
22.1 You may discontinue use of the Website at any time.
22.2 We may suspend provision of the Website at any time, with or without cause, and with or without notice.
22.3 Subject to paragraph 22.2, we may suspend or terminate your access to this Website if your use of the Website causes or threatens to cause legal liability of any kind, or otherwise interferes with others' use of the Website.
22.4 If we suspend or terminate your access to the Website, we will endeavour to give you prior notice. Nevertheless, we may, in our sole discretion, immediately suspend or terminate your access to the Website without notice.
22.5 We do not guarantee that our Website will always be available or operate uninterrupted. We may discontinue, suspend or withdraw or limit the availability of all or part of our Website for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You will not be entitled to any compensation or other payment upon the discontinuation, suspension, withdrawal or modification of the Website.
23. Consequences of termination
23.1 Upon termination of these Terms and Conditions, any obligation to provide customer support shall immediately cease.
23.2 Under no circumstances will you have any claim against us for compensation for loss of rights, loss of goodwill or any other damages whatsoever upon termination of these Terms and Conditions for any reason.
23.3 The termination of these Terms and Conditions shall not affect any other right that has already arisen and shall not affect the provisions of these Terms and Conditions which, in accordance with their terms, are expressly intended to become or remain in force thereafter. Sections 17 (Liability) and 18 (Indemnification) shall remain in force even after termination of these General Terms and Conditions.
24. General provisions
24.1 You may not assign any of your rights under these Terms and Conditions.
24.2 The rights, powers and remedies provided in these Terms and Conditions are (unless expressly provided otherwise) cumulative and not exclusive of any rights, powers and remedies provided by law, or otherwise.
24.3 We outsource the hosting of the Website to a third party.
24.4 If the validity or enforceability of any provision of these Terms and Conditions is in any way limited by applicable law, that provision shall be valid and enforceable to the extent permitted by that law. The invalidity or unenforceability of any such provision shall not affect the validity or enforceability of any other provision.
24.5 The failure or delay in exercising any right, power or remedy provided by these Terms and Conditions or by law shall not constitute a waiver of that right, power or remedy. Our waiver of a breach of any provision of these Terms and Conditions shall not constitute a waiver of a subsequent breach of that provision, or a waiver of a breach of any other provision.
24.6 The exercise of the parties' rights under these Terms and Conditions shall not be subject to the consent of any third party.
24.7 These Terms and Conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
25. Governing law
25.1 These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of China.
25.2 Any dispute, controversy, difference or claim (including non-contractual disputes or claims) arising out of or relating to these General Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute concerning non-contractual obligations arising out of or relating to these General Terms and Conditions, shall be referred to and finally settled by arbitration administered by China in force at the time the Notice of Arbitration is filed. The law applicable to this arbitration clause shall be Chinese law. The place of arbitration shall be China. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
26. Mediation conditions (selective).
Description of business structure.
Goods offered on www.Emiblue.co.uk are explicitly not sold by
Emiblue. The goods offered are sold by the Seller (China) for more information about this seller(s) please contact. This means that the sales contract is established between the Buyer and
Seller. Emiblue does not become a party to these agreements in any way.
Emiblue only provides a mediation platform.
The general terms and conditions applicable between Seller and Buyer are included at the end
of this document. Note: these general terms and conditions apply between
Buyer and Seller and therefore not enforceable against Website Holder.
If the Seller is established in a country within the EU or Norway, Liechtenstein or
Iceland, the European Distance Selling Directive applies to the concluded
agreements. All rights and guarantees mentioned in this directive shall therefore apply.
applicable.
Mediation conditions
Article 1 - definitions
In these mediation conditions, the following definitions shall apply:
- Website: www.Emiblue.co.uk. This refers to the platform made available. This includes
also includes all sub-domains.
- Website holder: the Emiblue company based and registered in Hong Kong.
- Buyer: the person who makes a purchase from the Seller through the aforementioned website.
- Seller: the foreign company which, either as a manufacturer or supplier, sells goods
sells goods to Buyer.
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Article 2 - The rights of the Buyer
If the Seller is established in a country within the EU either Norway, Liechtenstein or
Iceland, the European Distance Selling Directive is applicable to the concluded
agreements. All rights and guarantees mentioned in this directive shall therefore apply
apply, inter alia:
- Seller shall provide Buyer with information on tax, payments, deliveries and performance of the
agreement clearly and in writing within a reasonable time.
- Buyer shall receive order within 30 days, unless another period is agreed. In the
case that a product is not or no longer available, the Seller must inform the Buyer accordingly.
of this. Any (advance) payments must be repaid to the Buyer's account within the 30-day period.
unless Seller delivers a comparable product.
- The Buyer has a right of withdrawal of at least fourteen days, which means that the Buyer may return the purchase without
reason, the Buyer can return the purchase. Any shipping costs incurred in
in this situation are for the account of the Buyer. Any (down)payments must be refunded within thirty days
be paid back to a bank account designated by Buyer.
Article 3 - The mediation service
- The offer of goods on Website is not sold by Website Holder. These
goods are sold by Seller. Upon purchase of the goods, a
purchase agreement between Buyer and Seller.
- The goods are sold through Website by Seller.
- The Website owner provides an intermediary service to Seller. When ordering the goods
via the Website, Website holder is authorised as intermediary, in the name of Buyer and for
account of Buyer. The Website Holder is therefore authorised to place under the Seller's name an
order from Seller.
- Seller is located outside Denmark, because of this the relevant goods are imported,
this always takes place in the name of the Buyer. Additional costs, such as import VAT and
(customs) clearance costs shall also be borne by the Buyer.
- Payments to the Website holder are made solely on account of the provision and
maintenance of the mediation platform.
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Article 4 - Financial settlement
- Payment for the purchased product is made via the Website Holder, the sales price being
after deduction of the pre-determined mediation fee to the Seller.
- The Seller determines the prices used on the Website.
- For each product sold, the Seller pays a fixed amount to the Website holder. This amount is determined in
another agreement and only covers the provision and maintenance of the mediation platform.
mediation platform.
Article 5 - Complaints
1 Buyer may communicate any complaints regarding the execution of the agreement
to the Seller.
2 The Seller will reply to any complaint received within fourteen days.
3 In the event of dissatisfaction with the procedure referred to in paragraph 1 of this article, the Buyer may apply
to the Disputes Committee of the European ODR Platform
(https://ec.europa.eu/consumers/odr/).
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27. Interpretation
26.1 In these Terms and Conditions:
"Contract" means your order for a Product or Products in accordance with these Terms and Conditions, which we accept in accordance with paragraph 4.3;
"Customer" means any person who places an Order on the Website;
"Delivery Address" means the delivery address as stated in the relevant Order;
"Estimated Delivery Date" means an estimated delivery date of an Order;
"Force Majeure Event" means any event or state of affairs leading to or resulting in a failure or delay for us in the performance of any obligation under these Terms and Conditions that is caused or results from a cause beyond our control that was not due, or was substantially attributable, to any failure by us to exercise due diligence to avoid such failure or delay, and includes war or threat of war; an act of God; natural or nuclear disaster; riot or civil commotion; pandemic; act of terrorism; malicious damage; fire or flood; compliance with any new law or order of any governmental or judicial authority; closure of airports or ports; or any trade dispute unrelated to the party affected by the event or state of affairs causing the stoppage or delay of the work;
"Released Parties" means us, each of our affiliates and their respective officers, employees, contractors and agents. "Intellectual Property Rights" means all intellectual property rights, including patents, trademarks, design rights, copyrights, database rights, trade secrets and all rights of a similar nature;
"Order" means the order you place via our Website to purchase a Product or Products from us;
"Order Confirmation" means our email to you confirming your Order in accordance with paragraph 4.3;
"Payment Intermediary" means an external service provider used by us to process payments;
"Product" means a product offered on our Website;
"Website" means the Website;
"Website Infrastructure" means all our systems (including code) that facilitate, provide or describe the Website;
26.2 References to "sections" are references to sections of these Terms and Conditions.
26.3 Headings are for convenience only and do not affect the interpretation or construction of these Terms.
26.4 Words indicating the singular also include the plural and vice versa. Words indicating gender include any gender and references to persons include an individual, company, firm or partnership.
26.5 Agency (us) agency information
E-mail address: Help@emiblue.co.uk
Contact us: Help@emiblue.co.uk
Please email us if you have any questions or comments about these Terms and Conditions, Website or Products.
