Terms of service

6. ONLINE PAYMENT PARTNER

(a) We use third-party online payment partners, including VISA, Mastercard, AE(Online Payment Partners) to collect payments on the platform/website, including for our Services.

(b)The processing of payments by the Online Payment Partners will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the applicable Online Payment Partners.

(c)ou agree to release us and our employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of an Online Payment Partner, including any issue with security or performance of an Online Payment Partner’s platform/website or any error or mistake in processing your payment.

(d)We reserve the right to correct, or to instruct our Online Payment Partners to correct, any errors or mistakes in collecting your payment.

7. SERVICE LIMITATIONS

(a)The platform/website are made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:

(b)the platform/website will be free from errors or defects;

(c)the platform/website will be accessible at all times;

(d)messages sent through the platform/website will be delivered promptly, or delivered at all;

(e)information you receive or supply through the platform/website will be secure or confidential; or

(f)any information platform/website through the platform/website is accurate or true.

8. INTELLECTUAL PROPERTY

(a) We retain ownership of all materials developed or provided (or both, as the case may be) in connection with the platform/website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (platform/website Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the platform/website Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the platform/website Content without prior written consent from us or as permitted by law.

(c) In this clause 8, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Hong Kong and throughout the world.

9. THIRD PARTY CONTENT

(a) The platform/website may contain text, images, data and other content provided by a third party and displayed on the platform/website (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

10. THIRD PARTY TERMS

(a) Any Service that requires us to acquire goods and services supplied by a third party on behalf of the Shopper (including an Online Payment Partner) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.

(b) Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing us to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms .

11. DISPUTES BETWEEN USERS

(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.

(b) If any issue or problem relating to the platform/website remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to us（info@excellentpuertea.shop）. We will assess the complaint and attempt to quickly and satisfactorily resolve it.

(c) We reserve the right to hold funds in relation to a dispute until the dispute is resolved, either by us or the relevant parties. We reserve the right to make a decision on any dispute between Users escalated to us and such a decision will be final. Where we make a decision on a dispute between Users, we will disperse funds held by us as we see fit, including by providing a Shopper a refund.

(d) Any costs you incur in relation to a complaint or dispute will be your responsibility.

(e) If you have a dispute with us, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.

(f) Notwithstanding any other provision of this clause 11, either you or we may at any time cancel your Account or discontinue your use of the platform/website .

12. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the platform/website . You should take your own precautions to ensure that the process you employ to access the platform/website does not expose you to the risk of viruses, malicious computer code or other forms of interference.

13. DISCLAIMER

(a) To the maximum extent permitted by applicable law, WUYUE TEA CULTURE LIMITED exclude completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the platform/website. This includes the transmission of any computer virus.

(b) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, our liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:

(i)

 in the case of goods, their replacement or the supply of equivalent goods or their repair; and

(ii)

 in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

(c) (Indemnity) You agree to indemnify WUYUE TEA CULTURE LIMITED. and their employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:

(i)

 breach of any term of this agreement;

 

(ii)

 use of the platform/website; or

 

(iii)

 your provision or receipt of Goods from another User.

 

(d) (Consequential loss) To the maximum extent permitted by law, under no circumstances will WUYUE TEA CULTURE LIMITED be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the platform/website, this agreement or their subject matter, or any goods and/or services provided by any User.

14. CONFIDENTIALITY

(a) no information owned by us, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and

(b) all communications involving the details of other Users on these platform/websites are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

15. PRIVACY

You agree to be bound by the clauses outlined in our Privacy Policy.

16. TERMINATION

(a) We reserve the right to terminate a User’s access to any or all of the platform/website and platform/website (including any Account, Listings and other memberships) at any time without notice, for any reason .

(b) In the event that a User’s Account, access or membership is terminated:

(i)

 the User’s access to all posting tools on the platform/website will be revoked;

(ii)

 the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and

(iii)

 the User may be unable to view the details of all goods (including contact details,geographic details and any other details), and all Listings previously posted by the respective User will also be removed from the platform/website .

 

(c) Users may terminate their Account or membership on the platform/website at any time by using the platform/website functionality where such functionality is available. Where such functionality is not available, we will effect such termination within a reasonable time after receiving written notice from the User.

(d) Notwithstanding termination or expiry of your Account or membership or this agreement, the provisions of Part A and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

17. TAX

Import duties and additional taxes on the goods involved in the order are your responsibility, please make sure you understand the import tax policy in your country.

18. RECORD / AUDIT

To the extent permitted by law, we reserve the right to keep all records of any and all transactions and communications made through this platform/website or platform/website between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and to produce these records in the event of any legal dispute involving WUYUE Tea Culture Limited.

19. NOTICES

(a) A notice or other communication to a party under this agreement must be:

(b) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(c)Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i)

 in writing and in Chinese or English; and

 

(ii)

 delivered via email to the other party, to the email address specified in this agreement, or if no

 

20. GENERAL

20.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Hong Kong. Each party irrevocably submits to the jurisdiction of the courts located in Hong Kong as their agreed court of jurisdiction in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

20.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

20.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

20.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

20.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

20.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

20.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior

20.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or

(e) (party) a reference to a party includes that party’s executors, administrators, successors and

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation;

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(k) (currency) a reference to $, or “dollar”, is to Use of Hong Kong dollar will be indicated on the shopping page.

Part B Shopping on the platform/website

1. LISTINGS AND FEES

You acknowledge and agree that:

(a) if you accept a quotation, that will constitute your entry into a contract with us;

(b) For each quotation you respond to, you must pay the amount quoted to you by us (Sales Price), which will be debited from your Account, and

(c) once you have paid the Sales Price and such payment is received by us, the accepted quotation

becomes an order (Order), that they must not be inconsistent with either party’s obligations under this agreement.

2. PAYMENT

(a) (Payment obligations) Unless otherwise agreed in writing with us, you must pay for all Goods specified in a quotation prior to what we providing those Goods.

(b) (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the platform/website, we as the seller will attempt to contact you and inform you of this as soon as possible. Subject to your agreement with us, you will then have the option of purchasing the relevant Goods at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

3. CANCELLATIONS

(a) If you wish to cancel an Order before the we as the seller has fulfilled the requirements specified in the relevant Listing, you must contact us. If we decide to investigate your cancellation, you must provide assistance and information to us as reasonably requested.

(b) If you cancel an Order, whether the payment is refundable to you in respect of that Order will depend on the Logistics policy and return policy.

4. RETURNS & EXCHANGES

(a) (Change of mind return) We understand that you may not have the opportunity to inspect or test the Goods before purchasing. For this reason, we will accept change of mind returns on Goods that comply with our 7-day Returns and Exchange Policy, provided that:

(i)

you make a request for such a return within 7 days of receiving the relevant Goods; and

 

(ii)

return the Goods to us in their Original Condition at your For all change of mind returns, you will be provided with a refund at the amount the Goods were purchased for. You should check our Returns and Exchange Policy before purchasing from us, to check which products are covered under this clause 4(b) .

 

(b) (Defective goods) You acknowledge and agree that the defective goods policy will apply to any claim that Goods are defective. If you believe that your Goods are defective, please contact the us directly.

5. COMMUNICATION OUTSIDE THE PLATFORM/WEBSITE

(a) You must not communicate with a manufacturer, or request or entice a manufacturer to communicate with you, outside the platform/website.

(b) We may, in our absolute discretion, cancel your Account and suspend you from using the platform/website if it finds or suspects that you have breached or are in breach of this clause 5.

Part C Purchasing from WUYUE TEA CULTURE LIMITED

1. OFFER TO PURCHASE

By submitting an order for the purchase of goods (Goods) from WUYUE TEA CULTURE LIMITED using the platform/website's functionality (Purchase Order), you represent and confirm that you:

(a) have the legal capacity and are of sufficient age(If the age of majority in your jurisdiction is less than 18 years old, make sure you are at least 18 years old.) to enter into a binding contract with us; and

(b) are authorised to use the debit or credit card (or other permitted payment means) included in your order.

Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.

2. CANCELLATION

(a) We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

(b) You can change your Purchase Order before we have shipped the Goods included in that Purchase Order.

(c) We accept change of mind returns in accordance with clause 10 below.

3. PAYMENT

(a) (Payment obligations) Unless otherwise agreed in writing:

(i)

 you must pay for all Goods upfront at the time of booking; and

 

(ii)

 you must not set off any money alleged to be owing by us against money due by you to us.

 

(b) (GST) Unless otherwise indicated, GST may be charged depending on the policy of your location.

(c) (Vouchers)

(i)

 We reserves the right to refuse the usage of vouchers

 

(ii)

 Voucher exclusions may include, but are not limited to, alcohol and the sale of items for requiring age of majority(If the age of majority in your jurisdiction is less than 18 years old, make sure you are at least 18 years old.).

 

4. PRICING

Subject to clause 5, we reserve the right to change our prices at any time. However, if you placed an order prior to a change in price, your order will not be affected.

5. PRICING ERRORS

In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your Account.

6. PRODUCT INFORMATION

We endeavour to ensure that the descriptions and specifications in relation to the Goods we sell on the platform/website are accurate. However, photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation, descriptive literature or a catalogue are based on information provided by manufacturers and suppliers and, as such we do not guarantee that those descriptions and specification are accurate or free from errors or omissions. We reserve the right to make any necessary corrections to the descriptions or specifications without notice, including the removal of any listings.

7. DELIVERY AND SHIPPING

(a) (Delivery) For Goods to be delivered, we may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by us.

(b) (Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

8. TITLE AND RISK

(a) (Title) Until the price of Goods is paid in full, title in those Goods is retained by WUYUE TEA CULTURE LIMITED.

(b) (Risk) Risk in the Goods will pass to you on delivery. Delivery must not be refused by you.

9. CUSTOMS AND DUTIES

We reserve the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching their country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

10. RETURNS & EXCHANGES

(a) Returns of Goods will only be accepted if the Goods are not of an acceptable quality, not fit for a purpose for which we told you they would be fit for, do not match the description of the Goods we have provided to you (Defective Goods), and you comply with the provisions of this clause; or

(i)

 the Goods are new, unused, tagged and in their original packaging (if applicable) (Original Condition);

 

(ii)

 the Goods are returned within 5 business days of you receiving them; and

 

(iii)

 we agree in writing to accept return of the Goods.

 

(b) (Change of mind return) We understand that you may not have the opportunity to inspect or test our Goods before purchasing. For this reason, we are happy to accept change of mind returns on Goods which regulated by Chinese law that comply with our 7-day Returns and Exchange Policy, provided that:

(i)

 you make a request for such a return within 7 days of receiving the relevant Goods; and

 

(ii)

 return the Goods to us in their Original Condition at your cost.

 

Your consumer guarantees under the law of Hong Kong, China, You should check our Returns and Exchange Policy before purchasing from us, to check which products are covered under this clause 10(b).

(c) (Defective Goods) If you believe your Goods are Defective Goods, please raise a 'Return Request', with a full description of the fault (including images if possible).

If we determine that your Goods may be defective, we will request that you send the product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the product. We reserve the right to further inspection before deeming a product defective.

If we determine in our reasonable opinion that the Goods are not Defective Goods, or are defective due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the Goods back to you at your own cost.

If we determine that the Goods are Defective Goods, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

If you fail to comply with the provisions of this clause in respect of Defective Goods, we may, in our discretion, issue only a partial refund or no refund in respect of such defective Goods, provided that nothing in this clause is intended to limit the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.