TERMS AND CONDITIONS OF USE
Welcome to the http://www.jimei123.com/ website (the “Website”).
USERS SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.
The use of this Website is governed by the following terms and conditions of use (hereinafter the “Terms and Conditions of Use”). By entering this Website, you unconditionally agree to comply with and be bound by the following Terms and Conditions of Use, and the relevant general terms and conditions of sale when you make an online purchase on this Website. If you do not accept all the Terms and Conditions of Use, please exit this Website immediately.
The products offered on the Website are sold directly by JIMEI NEW MATERIAL CO.,LTD.
JIMEI reserves the right to amend the Terms and Conditions of Use of the Website at its sole discretion, at any time and without notice. The use of the Website after such amendments implies full acceptance of the Terms and Conditions of Use in their amended version.
1. Intellectual property rights
This Website as a whole and all material on this Website, together with the “JIMEI” trademark, are owned and registered by JIMEI.
All trademarks and logos, whether or not they are registered or displayed on the Website, including but not limited to the “JIMEI” trademark and all the other related distinctive marks reproduced on the Website are and will remain the exclusive property of JIMEI Such trademarks and signs may not be used in connection with any product or service that does not originate with JIMEI, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the “JIMEI” name and trademark and products bearing the “JIMEI” trademark. You acknowledge and agree that this Website and all the content included therein, including, but not limited to, all texts, information, data, images, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, descriptions, data, software, HTML codes and screens contained therein and the like (hereinafter collectively “Content”), is owned by or licensed to JIMEI and is subject to protection by international intellectual property laws, including, but not limited to, rights of the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world. All materials contained in this Website, except for the “e-store” section, are displayed for information or promotional purposes only. Use of the Website is permitted for your own personal use and not for commercial reasons. Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Website, you may access, download, copy, store, manipulate, reformat, print or display any Content to which you have obtained authorized access solely for your personal use and not for business purposes. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Website, or any Content contained therein.
No right, title and/or interest deriving from or pertaining to the Content, material or software of the Website may be deemed assigned to or acquired by you as a result of your use of the Website. You agree to accept and abide by all copyright or trademark notices and other notices contained on the Website and in the Content. All rights are reserved in all countries worldwide.
This Website and its Content are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. No written information given through this Website or in relation to its Content shall create any representation or warranty, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose. JIMEI expressly disclaims any representations and warranties.
In no event shall JIMEI be liable (on whatever basis, either contractual and non-contractual) for any direct, indirect, incidental, ancillary, financial or non-financial damage whatsoever (including, but not limited to, damages for loss of profit or revenue, data or programming, even if JIMEI has been advised of the possibility of such damages) arising out of:
(a) your use of the Website, including, but not limited to, any loss or damage caused by any delays, inaccuracies, errors or omissions in any information accessed on or through the Website,
(b) any transaction concluded through or from the Website,
(c) your inability to use the Website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or through the Website,
(d) the deletion, correction, damage, loss or failure to store any information concerning or transmitted on the Website,
(e) the use of any products or services obtained on or through the Website,
(f) unauthorized access to the Website and unauthorized alteration to transmissions or data,
(g) statements or conduct of any third party on the Website or
(h) any other matter relating to the Website.
Therefore, by using this Website, you undertake to bear all risks connected with such use, holding JIMEI harmless from any damage deriving or caused by the use of this Website or connected with it.
JIMEI will make any effort to ensure the accuracy and timeliness of the information included on this Website but cannot absolutely guarantee that the information is complete, accurate and constantly up to date and that the Website does not contain any imperfections or that such imperfections will be corrected.
In the event that applicable laws do not allow disclaimer of liability or exclusion of the above-mentioned implied warranties, said exclusions and disclaimers may not apply to you, either wholly or partially.
Any reference to any product or service which has been or may be provided by JIMEI or any other company authorized by JIMEI for this purpose does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Material in this Website may contain inaccuracies or typographical errors. JIMEI is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Website. It is your responsibility to evaluate the information and other content available through this Website.
However, JIMEI reserves the right to modify or discontinue the Website (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that JIMEI shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
You agree that any and all proposals, designs, concepts, photographs, testimonials, and other items or material (except for your personal information) disclosed or submitted to JIMEI through this Website or by other means (hereinafter "Submissions") are neither confidential nor proprietary to you. All submissions become JIMEI's property upon submission to JIMEI. By making a Submission to JIMEI, you assign to JIMEI all rights, title and interests, including copyrights, in the Submission. JIMEI has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that JIMEI has the right, but not the obligation, to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
Cookies are used in the Website to ensure that it functions efficiently and to improve our service, including by the sending of online advertising messages in accordance with user preferences. Cookies are small text files sent to the user’s computer (usually to the user’s browser) by visited websites. They are stored in the user’s computer to be then re-transmitted to the websites on the user’s subsequent visits to those websites.
Most browsers are initially set to accept cookies. You can at any time reset your browser to reject all cookies or to notify you when a new cookie is being sent. However, rejecting cookies may prevent you from using certain functions of the Website.
Companies, consultants and professionals providing assistance and/or consulting, or performing related services that are instrumental to data processing (e.g. service providers, freight forwarders, IT maintenance technicians, etc...).
Your personal data shall not under any circumstances be disseminated to unknown persons.
6. Links to other Websites
The Website may contain links to websites other than its own. These websites may contain and be governed by their own terms and conditions of use or no terms and conditions at all. JIMEI has no responsibility for those websites and provides these links solely for the convenience of its users. Such links may be to advertisers, content providers or other companies that may use our logo and/or style as a result of a co-branding agreement. Such websites may send their own cookies to you and may collect information and use the same in a way that is inconsistent with these Terms and Conditions of Use. Furthermore, JIMEI cannot control these websites and external sources. Hence, JIMEI cannot be held responsible for those websites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those websites and external sources. In addition, JIMEI cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those websites or external sources.
The transmission of data over the Internet cannot ever be guaranteed to be completely secure. It is possible that third parties beyond the control of JIMEI may be able to access or intercept transmissions or private communications without JIMEI's permission or knowledge. JIMEI makes every possible effort to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Data is transmitted at your own risk and JIMEI cannot be held liable for any breach of security which is not directly attributable to negligence on the part of JIMEI.
8. Acceptance of terms and conditions of use
By accessing this Website, you represent and warrant that (a) you accept these Terms and Conditions of Use; (b) your use of the Website will comply with these Terms and Conditions of Use.
You agree to indemnify and hold JIMEI harmless from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Website by you.
9. Applicable Law and Jurisdiction
You agree that by accessing this Website you accept Chinese jurisdiction. These Terms and Conditions of Use shall be governed by and construed in accordance with Chinese law and any action arising out of or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Courts of Shenzhen, CHINA.
These Legal Terms (“Terms”), as amended from time to time. YOU ENTER INTO A BINDING CONTRACT UNDER NEW YORK LAW BASED ON THESE TERMS WITH JIMEI Chinese Corp. OR JIMEI (“JIMEI”, “WE” or “US”) IF YOU ACCESS OR USE THE SITE, OR PURCHASE ANY PRODUCTS ON THE SITE. If you do not want to agree to these Terms, you must leave the Site and cease any access, use or purchase activities.
Table of Contents
- Governing Law and Choice of Forum
- Disclaimers and Limitations
- Access and Use
- Purchase of Products
- General Terms and Contact Information
GOVERNING LAW AND CHOICE OF FORUM
These Terms, and any disputes arising out of or relating to these Terms, shall be governed by the laws without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods.
DISCLAIMERS AND LIMITATIONS
Site use and any purchase is “as is” and at your own risk. WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY OR COMPLETENESS OF INFORMATION ON THIS SITE OR THE CONDITION, FEATURES OR AVAILABILITY OF PRODUCTS DESCRIBED OR OFFERED FOR SALE ON THIS SITE. PRODUCT DESCRIPTIONS AND PHOTOS ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY MATCH THE PRODUCTS, GIVEN THEIR UNIQUE CHARACTER AND FREQUENT CHANGES IN DESIGN. WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Exclusive remedies. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION, DEFECTS, ERRORS OR PROBLEMS REGARDING (A) THE SITE SHALL BE THAT YOU LEAVE THE SITE, AND (B) ANY PRODUCTS THAT YOU PURCHASE OR ATTEMPT TO PURCHASE VIA THE SITE SHALL BE AS EXPRESSLY SET FORTH IN OUR CANCELLATION, RETURN AND STORE CREDIT POLICIES.
Our liability shall be limited. JIMEI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, PROFITS, OR REVENUE, OR COST OF COVER, OR ANY SIMILAR OR OTHER DAMAGES ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF JIMEI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.
IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF JIMEI TO YOU FOR ANY TYPE OF DAMAGES RESULTING FROM YOUR PURCHASE OF A PRODUCT SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE SITE OR . $200.00.
Force Majeure. Except for payment obligations, non-performance or late performance of either party shall be excused to the extent that performance is rendered impossible, commercially unreasonable, or delayed by strike, fire, flood, governmental acts or orders or restrictions, war, acts of terrorism, labor conditions, supply restrictions, communication or shipment problems, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing or late performing party whether or not similar to the foregoing.
ACCESS AND USE
Property rights. We own or license the server and software on which the Site is hosted, all photos, text, videos and other content displayed on the Site, and all trademarks, logos, product names and other marks as set forth in the JIMEI Intellectual Property Rights Notice, and we reserve our rights to exclude you from any access and use, except as expressly set forth herein.
Limited license. We grant you a limited, revocable (at any time, at our sole discretion), non-exclusive, non-transferable, non-sublicensable, royalty-free license to access the Site via general purpose Internet browser software for purposes of learning about products for private purpose purchases on the condition that you comply with these Terms, which constitute license limitations and conditions as well as contractual covenants. We do not authorize any other access, use or copying of the Site or any content of the Site, including, without limiting the generality of the foregoing, deeplinking, spidering, crawling, adaptation, or reproduction of the Site or any portions thereof.
Submissions. If you, at your sole discretion, submit any information or other materials to us, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, unlimited (except as we expressly specify in our Privacy Statement or elsewhere on the Site) and fully transferable and sub-licensable right to copy, use, modify, sell and otherwise commercialize such materials throughout the world in any way now known or in the future discovered. You also represent and warrant that the materials are accurate and that you own the required rights to grant us the license specified in the preceding sentence. DO NOT SUBMIT ANY MATERIALS IF YOU CANNOT COMPLY WITH THESE TERMS.
PURCHASE OF PRODUCTS
Private use only. By submitting your order, you represent that you are purchasing for private household use only. We do not authorize any sale of our products outside the . or any commercial resale. You may purchase up to four items per individual article, except when otherwise indicated on the product page on the Site. We reserve the right to reject orders and further limit order quantities in our sole discretion at any time.
Product information and availability. Without limiting the generality of the disclaimers and limitations set forth in these Terms, given the unique nature of our products we cannot assume any liability or responsibility for any inaccuracies or errors, or for any loss or damage caused by or arising from your reliance on information obtained from or through this Site, and we may change information at any time. We determine product availability at the time we email you the shipping confirmation.
GENERAL TERMS AND CONTACT INFORMATION
Changes. We may change our prices, products, these Terms, our Cancellation, Return and Store Credit Policies and our Privacy Statement at any time, at our sole discretion, by publishing changes on the Site or otherwise notifying you. We will not apply changes to orders or data that you submitted prior to our publishing or otherwise notifying you of the changes, unless we obtain your consent, by providing a notice with opt-out opportunity on the Site, via email or otherwise.
Severability. If any provision of these Terms is determined to be invalid, illegal or unenforceable, such provision shall be upheld to the fullest extent legally permissible and the remaining provisions of these Terms shall remain in full force and effect. Nothing herein is intended to override mandatory laws to the extent they cannot be contractually altered or modified.
Entire agreement. These Terms and any additional terms that we may specify on the “review your order” page or on our order confirmation shall constitute the entire agreement between you and us with regard to the subject matter hereof, and supersede any prior agreements or understandings.