Applicable for: The Xuena Global e-Mall (included PC/APP/WEB).
INTRODUCTION AND SPECIAL ATTENTION MATTERS:
(3) Once there is any change in this relevant content of the Agreement, Xuena will inform you by email or announcement on the Xuena e-Commerce Platform. If you do not agree with the modification of the Agreement, you shall immediately stop using the Xuena Services; if you continue to use the Xuena Services, you shall be deemed to agree to the modification of the Agreement.
(4) Power of Attorney for the Agent of Personal Import Declaration
As the User, you promise that the Commodities you purchased are for your own reasonable personal use. For various Commodities shipped from the Overseas, you are now entrusting Xuena’s appointed logistic services provider as agent for declaration, tax payment and other Customs Clearance matters. You warrant to abide by the “Customs Law” and relevant laws and regulations of the location you / the Consignee stayed to ensure that the identity information and shipping information provided are true and complete, and that they do not infringe on the rights and interests of others. The above-entrusted relationship is filled in truthfully. You / the Consignee are willing to accept the supervision of the Customs, Inspection & Quarantine Agency and other regulatory departments, and undertake corresponding legal liability.
(5) Special Attention Matters for the Consumer
In order to help you better purchase the Overseas Commodities, please read carefully and fully understand all the contents of the following matters before purchase the Commodities, and make an objective judgment on your own risk, and place an order after agreeing to the content of the following matters:
(i) The Overseas Commodities you purchase on the Xuena e-Commerce Platform are equivalent to the Commodities sold directly from the place of origin. Therefore, the Commodities themselves may not be labeled in the language used by your / the Consignee location. If necessary, you can check the translation of relevant Commodities labels through the website or contact Customer Services;
(ii) According to relevant policies, the Overseas Commodities you purchase are only for personal use and cannot be re-sold; and
(iii) The Xuena e-Commerce Platform shall not be liable for any injury, loss or other risks caused by the Overseas Commodities purchased by you that conform to the relevant quality, health and labeling standards of the country of origin, which are different from your / the Consignee’s local commodities standards or all. It is recommended that you have a certain understanding of the Overseas Commodities first and you should evaluate whether or not they are suitable for your / the Consignee’s use before placing an order.
(6) This “Introduction and Special Attention Matters” is an integral part of the text of these Terms and the Agreement.
TERMS AND CONDITIONS:
1.1. For any terms mentioned in these Terms and the Agreement, the following terms shall have the meanings specified below, unless otherwise indicated:
(1) Business Day:
means Xuena’s operational hours between 9:00 a.m. and 6:00 p.m., Monday through Friday, excluding Saturdays, Sundays and any statutory & bank holidays in Hong Kong Special Administrative Region;
means the commodities(s) to be sold / Cross-Border sold on the Xuena e-Commerce Platform;
means any natural person that conducts shopping on Xuena e-Commerce Platform, and uses the purchased Commodity(ies) or service(s) for consumption, also known as the “Buyer”;
means Mainland of the People’s Republic of China (excluding Hong Kong, Macau, and Taiwan);
means the Consumer / the User who registered and joined the member program under the Xuena e-Commerce Platform for purchasing the Commodities from the Xuena e-Commerce Platform and/or enjoying the services / benefits provided by Xuena in accordance to the “Xuena User Agreement”;
means a legal entity that as a supplier uses the Xuena Global e-Mall and uses the Xuena Global Sales Services to sell the Commodities to the Xuena’s Members / the Consumers.
means the request made by the Member / the Consumer via the Xuena e-Commerce Platform for purchasing the Commodities from Xuena in accordance to the “Xuena User Agreement”;
means areas/countries in addition to the above “Domestic” area;
means the sales of the Commodity in accordance with the Order placed by the Member / the Consumer and the Commodity Transaction Confirmation issued by Xuena;
means Xuena eBuy Limited (hereinafter referred as to the “Company”) and its subsidiaries or associated companies, including but not limited to Ningbo Yigao Electronic Commerce Co., Ltd., and Xuena Electronic Commerce (Hangzhou) Co., Ltd., collectively referred to as “Xuena”, subject to the latest provisions of the Company. Xuena eBuy Limited is a company registered in Hong Kong with company registration number: 2842286, Ningbo Yigao Electronic Commerce Co., Ltd. is a company registered in China with a Unified Social Credit Code: 91330212MA2CMMP43K, Xuena Electronic Commerce (Hangzhou) Co., Ltd. is a company registered in China with a Unified Social Credit Code: 91330101MA2GNDX9XG;
(11) Xuena e-Commerce Platform:
means the Cross-Border e-Commerce Platform supported by internet information services and related software, and technical back-up from Xuena and its affiliates, included but not limited to the Xuena Websites, Online Mall, Mobile APP and Mini Program e-Shop, etc. After logging in, the Member / the Consumer can choose and purchase the Commodities or services of Xuena, enter into a transaction intention and complete the Transaction. The Member / the Consumer can also participate in promotion or other activities organized by Xuena, and use other information services and technical services;
(12) Xuena Rules:
means including all kinds of policies, rules, regulations, rules interpretation, implementation rules, notices, announcements, etc. that have been issued or to be issued or revised by Xuena;
(13) Xuena Services:
means the services provided by Xuena for the sales of the Commodities to the Global (the Overseas) Market, through Xuena’s own resources, including IT system, technical team, Customs, warehouse arrangement, payment enterprises and logistics enterprises, as well as After-Sales Services team, Xuena provides services with full process Cross-Border sales of the Commodity to the Member / the Consumer;
(14) Xuena User Agreement:
means the Agreement, refers to the written contract signed between you and Xuena, which is intended to stipulate your rights and obligations during the whole online shopping process, such as logging in and using the Xuena e-Commerce Platform, placing the Order(s), purchasing the Commodities, making payment for the Commodities and receiving the Commodities through the Xuena e-Commerce Platform;
(15) Xuena Websites:
means the websites (http://www.xnebuy.com; http://www.xnebuy.cn; http://www.xnebuy.com.cn; http://www.xnebuy.hk; http://www.xnebuy.com.hk; and http://www.goease.com) held, operated and/or controlled by the Company and/or its subsidiaries or associated companies;
2. Applicability and Modifications
2.1. The Agreement shall be continuous irrespective of any changes at any time in the personnel of Xuena or its successors, assigns, or affiliates. Each transaction shall be governed by the Agreement and the relevant confirmation of the Transaction, unless otherwise agreed by the Parties.
3. The Member Account
3.1. Qualification of Behavior
Before registration as the Member of Xuena，you should confirm and commitment that you have the capacity for civil conduct as required by the laws of the country or region where you are located.
3.2. Login Method
You can login to and use the Xuena e-Commerce Platform by registering the Xuena Member Account.
3.3. Account Registration
(1) When registering your Xuena Member Account, you should provide authentic and valid information (including Email which verify by One Time Verification Code and Password). Meanwhile, you should ensure the continued effectiveness of the above information, once the information changes, you should be updated in time; otherwise, you shall bear the relevant adverse consequences and all losses caused by the information provided is not true and the contact information is invalid, and Xuena reserves the right to terminate the service provided to you.
(2) In accordance with the relevant laws, regulations, and considering the importance of the Xuena Services, you agree:
(a) To submit valid personal identity information for real-name verification when registering as Xuena Member Account or when Xuena requires in accordance with laws and regulations;
(b) To provide timely, detailed and accurate Member Account registration information; and
(c) To continuously update the registration information for meeting the timely, detailed and accurate requirements, while ID information filled in when registering for a Member Account cannot be updated.
(3) Xuena will verify and confirm the registration information you submitted in accordance with relevant laws and regulations.
(4) You confirm that in using the Xuena Services, you should be a natural person with full capacity for civil rights and full capacity for civil conduct, and bear all responsibility for the authenticity of the information you submit. If you do not have the above subject qualifications or are an immaturity, you and your guardian shall bear all the consequences caused by it, and Xuena has the right to recover from your guardian.
(5) You realize and understand that if different Member Accounts are bound or associated with the same mobile phone number, the same payment account, the same ID information, the same device number, or the same receipt information, the different Member Accounts will be considered as Related Member Accounts.
3.4. Account Keeping
Your Member Account is set up and kept by you, and at no time will Xuena ask you to provide your account password. You will be responsible for all the consequences caused by improper custody of your account number and password. If you successfully log in and use the Xuena e-Commerce Platform with your account and password, it will be regarded as your use behavior. You are legally responsible for all activities and consequences of your Member Account. You are not allowed to transfer or authorize others on your own to use your Member Account. Xuena is not responsible for any losses and consequences caused by your active disclosure, lending of Member account information, or your exposure to attacks, frauds, and other acts. You may pursue compensation from the tortfeasor through judicial and administrative and other relief channels.
3.5. Real-Name Authentication for Import of the Commodities
Depending on your delivery address, different taxation rules and additional charges may apply. If your Order requires payment of relevant import duties and/or other Government Fees according to the requirement of the relevant regulations and policies, when you place the Order, you must provide your/ the Consignee’s real name and ID number, and you need to authorize Xuena to submit the necessary information (including name, ID number, and mobile number, etc.) to the Partnered Logistic Companies and the local customs for handling import of the Commodities.
4. Placing of the Order and Purchasing
4.1. Confirmation of the Order Information
(1) When you purchase the Commodities or services on the Xuena e-Commerce Platform, please carefully confirm the Commodities’ name, price, quantity, model, specification, size or service time, content, restrictive requirements and other important matters, and verify your name, contact address, telephone number, consignee and other information when you place an Order. If the Consignee you fill out is not yourself, the legal consequences arising from the Consignee’s behavior and intention shall be borne by you.
(2) You understand and agree that, in accordance with relevant regulations, you have entrusted Xuena’s connected third-party payment agency to send a request of the Transaction to its partner bank and related payment information and payment account real-name authentication information (including name and ID Number, etc.) to Xuena. Therefore, you also need to agree to the relevant agreements that the third-party payment agency needs you to confirm, and bear the legal consequences arising therefrom.
(3) You agree and warrant that Xuena has the right to record all the information you fill out online when purchasing the Commodities or services and provide it to Merchants, third-party service providers (including but not limited to logistics agency, payment agency), or Xuena affiliates. You warrant that such information is accurate and legal, and you bear the consequences caused by such information being wrong or illegal. You authorize Xuena to have the right to use the above information during this service and will provide this information to the relevant third party. If the information provided by you is out of date and invalid, which prevents Xuena / the Merchant from contacting you, and therefore causes you to incur any loss or increase costs in using the Xuena Services, you shall be solely responsible for it.
(4) You understand and agree that Xuena implements the method of payment before delivery, and your timely, full and legal payment for the purchase of the Commodities or services is the prerequisite for Xuena / the Merchant for delivery to you.
(5) During the payment of your Transaction, you will be invited to review the information on the purchase of the Commodities or services, including the unit price, purchase quantity, payment method, shipping method and cost for the Commodities. The aforementioned Order information stored on the Xuena server is considered to be evidence of your shipment, return and disputes corresponding to this Transaction. By clicking “ Process”, you acknowledge that all information contained in the Order form is correct and complete. Due to well-known Internet technology factors and other objective reasons, the information displayed by Xuena may have some lag or error, you know and understand this situation. If the displayed information is obviously unreasonable due to a system failure or the fault of Xuena / the Merchant (including but not limited to the significantly lower price of the Commodities/services), please do not proceed to the next step and immediately notify Xuena / the Merchant to rectify it. Anyone who unreasonably still submits an Order will be considered a malicious shopping act, and Xuena / the Merchant will have the right to handle it in accordance with Clause 4.2 of these Terms.
(6) You acknowledge and confirm that the ownership of the Commodities you purchased is transferred to you by Xuena / the Merchant when you complete the payment and Xuena / the Merchant completes the packaging.
(7) The Commodities or services you choose will be delivered to the shipping address indicated on the Order. These logistics services are provided by Xuena / the Merchant of the Commodities or services you purchase. For whatever reason, the Commodities cannot be delivered to the delivery address, please contact Xuena's Customer Services or the Merchant’s Customer Services hotline as soon as possible to resolve it. When you choose a logistics service provider by yourself, all risks and responsibilities in the transportation of the Commodities will be borne by you, and you will coordinate with this logistics service provider by yourself.
4.2. The Transaction Order：
(1) Your purchasing behavior should be based on the actual demand, malicious purchase shall be not implemented. Malicious rights include disturbing the normal operating order of the Xuena e-Commerce Platform in order to maintain the Transaction Order and the Transaction security of the Xuena e-Commerce Platform. When Xuena discovers the above situation, Xuena has the right to take measures such as closing the relevant Transaction Order, restricting the use of the Member Account, suspending or terminating the services without prior notice to you; and
(2) Xuena has the right to reject your purchase requirements by itself or according to the requirements of the Merchant. If you have placed an Order, Xuena has the right to cancel the Order unilaterally and refuse to ship the Commodities or notify the Merchant to reject the shipment without bearing any responsibility. Xuena reserves the right to freeze your login account or restrict related rights and interests, so that it cannot place Order, purchase the Commodities or enjoy other services through Xuena. You acknowledge and agree that the aforementioned management measures will also apply to your Related Member Account.
4.3. The Formation and Effectiveness of the Sales Contract
You understand and agree that the Commodities and price information displayed on the Xuena e-Commerce Platform is only an invitation for an offer of following Transaction. When placing an Order, you need to select and fill out the quantity of the Commodities, the price and payment method, name, mobile number, ID photo, delivery address (place of performance of the Sales Contract), way of performance and completion of the Sales Contract, etc. Only when you pay the Order(s) you placed on the Xuena e-Commerce Platform, and Xuena sends you the ordered Commodities of the Order(s) from the warehouse to you after receiving your Order(s) information (the sign of establishment of the Sales Contract is the delivery of the Commodities by logistic agency), it means the Sales Contract between you and Xuena is deemed to be established. If you order more than one Commodity in one Order, and Xuena only sends you a portion of the Commodities, you and Xuena establish a sales contractual relationship only for the portioned Commodities actually shipped.
4.4. Authentic Appraisal
You have the right to evaluate and comment the Commodities or services you purchased in the appraisal system provided by the Xuena e-Commerce Platform. All your evaluation and comment activities shall comply with laws and regulations and/or the relevant provisions of the Xuena Rules. The appraisal and comment contents shall be objective and true, and shall not contain any foul language, pornographic and vulgar, advertising information, or other related information that breach the laws and regulations or the provisions in the Agreement. You shall not help others to improve their user credit in an improper way or use the appraisal and comment right to threaten or blackmail other User(s). Xuena has the rights to be in accordance with the laws and regulations and/or the Xuena Rules to delete, screening the illegal or prohibited information published by you, and shall have the right to authentication your ID as well as to restrict the Xuena Services provided to you.
4.5. Information of the Commodities
Unless otherwise expressly stated, the relevant information of the Commodities / the services sold on the Xuena e-Commerce Platform shall be provided by the Merchants. Xuena will strive to bind the Merchants to provide accurate, complete, reliable, effective, accurate and non-misleading descriptions of the Commodities / the services by signing the Merchant Agreement and publishing the Xuena Rules with the Merchants. However, you fully understand that there is a huge amount of information on the Xuena e-Commerce Platform, due to the limitations of internet technology and human resources, Xuena cannot guarantee that the information of all Commodities on the Xuena e-Commerce Platform is accurate, complete, reliable, effective, error free and misleading. You should exercise your own discretion to determine the validity of the relevant Commodities and/or information, and bear your own responsibility and losses. Except for the obvious fault of Xuena, Xuena shall not bear any responsibility for the disputes caused by information of the Commodities.
4.6. Xuena Return and Refund Policy
In order to improve the Member’s / the Consumer’s consumption experience, Xuena will provide you with return and refund services according to the rules formulated by the “Xuena Return and Refund Policy”. The “Xuena Return and Refund Policy” is part of the Agreement and has the same legal effect as the Agreement. So, you must fully understand and agree the terms as stipulated in the “Xuena Return and Refund Policy” and Clauses 4.9 & 4.10 of these Terms in relation to the Declaration of the Commodities and Taxes Payment & Freight Costs matters before you place any Order of the Commodities.
4.7. Handling of Abnormal Orders
Xuena reserves the right to limit the total sales quantity of a single item of the Commodities, the purchase quantity of a single Order and the purchase quantity of the same kind of Commodity with a identical IP address, and to take measures such as monitoring and restriction on abnormal Orders and abnormal Users. If Xuena finds that your placed Orders on the Xuena e-Commerce Platform are abnormal or violate the legal provisions agreed in the Agreement, Xuena has the right to take measures such as closing the relevant Transaction Order, restricting the use of the Member Account function, suspending or terminating the services without prior notice to you.
4.8. Handling of Violations
If you use the Xuena e-Commerce Platform in the way of violation of laws and regulations, the Agreement, infringement of the interests of others, the interests of Xuena or public interests, or serious violation of social ethics, Xuena has the right to take measures such as deleting, screening and shielding relevant information, suspending or terminating the services.
4.9. Declaration of the Commodities and Taxes Payment
Because the sales price of all Commodities do not include any taxes, you need to bear this responsibility, authorize Xuena’s appointed logistic services provider to declare the imported Commodities and on behalf of you / the Consignee to pay the relevant import taxes, value-added taxes and other government fees in the place of receipt. You warrant to abide by the “Customs Law” and relevant national laws and regulations of the location you / the Consignee stayed, the Commodities purchased in Xuena are your / the Consignee’s own reasonable personal use. You / the Consignee are willing to accept the supervision of the Customs, Inspection & Quarantine Agency and other regulatory departments, and undertake corresponding legal liability. For the avoidance of doubt, you are aware of and agree to accept the following arrangements:
(i) If You/the Consignee are in below country/regions (Taiwan, Singapore and Indonesia), Xuena will notify you during the check out process that the Partnered Logistic Companies will contact you/the Consignee to pay any such taxes that are required when your ordered Commodities have arrived at your local customs. Neither Xuena nor the Partnered Logistic Companies has any control over these charges, so we cannot advise on their amount, we recommend you contacting your local customs office or tax authority before placing such order.
(ii) If You/the Consignee are in below country/regions (Malaysia and Thailand), Xuena will include the relevant taxes and government fees in your payable orders amount during the check out process.
(iii) If you purchased the Commodities on Xuena e-Commerce Platform and then successfully return the Commodities according to “Xuena Return and Refund Policy”, Xuena’s refund will not include any taxes you have paid, while any taxes paid by you should be claimed back by you / the Consignee from the relevant government departments directly, Xuena / the Merchant will not be held responsible for part of payment; and
4.10. Freight Costs
Unless the sales price of the Commodity is specifically stated to include freight costs, the sales price of all Commodities do not include freight costs; so you need to bear this responsibility and through Xuena to pay the freight costs of the Commodities and other relevant fees. For the avoidance of doubt, you are aware of and agree to accept that if you purchased the Commodities on Xuena e-Commerce Platform and then successfully return and refund the Commodities to Xuena / the Merchant in accordance with the “Xuena Return and Refund Policy”, Xuena’s refund will not include any freight costs you have paid, and Xuena / the Merchant will not be held responsible for this part of the payment.
4.11. Payment Processing Fee
Since all Transactions of the Commodities will involve payment processing by a Third-Party Payment Agency at your choice (such as UnionPay, Alipay, WeChat Pay, PayPal, etc.), while the corresponding Payment Processing Fee charged by this Third-Party Payment Agency during the Transaction will be borne by Xuena / the Merchant, you do not have to bear this responsibility. While, Xuena reserves the right to change the payment arrangement of the Payment Processing Fee at any time.
4.12. Legal Responsibility
You understand and agree that you shall be liable for any third party claims arising out of your breach of the Agreement or the Xuena Rules; if Xuena suffers losses due to the above reasons, you should also make compensation.
5.1. Membership Fee
The Member needs to pay the annual Membership Fee in accordance with the Xuena Rules updated by Xuena from time to time, the Xuena e-Commerce Platform temporarily provides free services for you and does not charge you any fees. However, Xuena reserves the right to charge, including enabling functions of charging software, deciding charging object, charging period as well as charging rate.
5.2. Charging Rules
Xuena will serve notice through the agreed communication methods stipulated in the Agreement or the Xuena Rules before charging. If you do not agree with the Xuena Rules, you should immediately stop using the Xuena e-Commerce Platform; if you continue to use the Xuena e-Commerce Platform, you will be deemed to accept the relevant charging rules, and you should pay the corresponding fees to Xuena according to the charging rules.
6. Ownership and Intellectual Property
6.1. Intellectual Property of the Xuena e-Commerce Platform
All contents on the Xuena e-Commerce Platform, including but not limited to text, software, sound, pictures, videos, charts, website structure, arrangement of website pictures, webpage design, all contents in advertisements, the Commodities and other information, shall be owned by Xunea or other right holders according to law, including but not limited to trademark right, patent right, copyright, trade secrets, etc. You are not allowed to use, modify, copy in whole or in part, publicly disseminate, change, distribute, publish or publicly publish, reprint, quote, link, crawl or otherwise use the procedures or contents of the Xuena e-Commerce Platform without the written consent of Xuena or other right holders. In case of any violation, you agree to bear all the losses and results caused by this to Xuena or other right holders. Xuena does not guarantee that all content provided by other right holders on the Xuena e-Commerce Platform does not infringe upon the legitimate rights and interests of any third party. If you think that the aforesaid content violates your legitimate rights and interests, please contact the Customer Services of Xuena timely. Xuena will assist you to solve the problem within the scope of legal provisions.
6.2. Authorization of the Xuena e-Commerce Platform
Regarding the intellectual property rights relating with the information or materials (including but not limited to text, pictures, videos, audio, etc.) that you provide to Xuena or in the Xuena e-Commerce Platform at any time in any form, you agree to authorize Xuena and its affiliates the right of globally exclusive use the aforesaid Intellectual property freely. You agree that Xuena and its affiliates can store, use, copy, revise, edit, publish, display, translate, distribute your non-personal information or make derivative works thereof, in the media or technology platform developed in the future.
7. The User Code
7.1. Prohibited Behavior
You shall not engage in any act that infringes upon the intellectual property rights of Xuena or any other act that impairs the legitimate rights and interests of Xuena or other Users, including but not limited to:
(1) Delete or modify the copyright information on the Xuena e-Commerce Platform;
(2) To rent, lend, copy, modify, link, reprint, compile, publish, publish and establish mirror sites for the relevant information of the Xuena e-Commerce Platform and develop related derivative commoditiess, works, services, plug-ins, plug-ins, compatibility and interconnection through of the Xuena e-Commerce Platform;
(3) To develop various plug-ins or other third party programs into the Xuena e-Commerce Platform, or produce, distribute and disseminate the above programs, whether for commercial purposes or not;
(4) Conduct compilation, decomplication, reverse decoding or other means of cracking the Xuena e-Commerce Platform;
(5) Use the plugins and/or take advantage of the Bugs in the Xuena e-Commerce Platform to gain improper benefits;
(6) To use domain name server hijacking technology such as the illegal invasion, destruction of server software system of the Xuena e-Commerce Platform, or modify, add, delete, steal, intercept, replace the Users of the Xuena e-Commerce Platform and/or data inside the server software system, or illegally occupied the server space of the Xuena e-Commerce Platform, or commit other behaviors that make it overload;
(7) To pretend Xuena or the Merchant for posting any fraud or false information in the Xuena e-Commerce Platform; and
(8) To deliberately spread malicious programs or computer viruses via the Xuena e-Commerce Platform.
7.2. Information Release
You should abide by the relevant national laws and regulations, and you are not allowed to publish, forward or spread the following information on the Xuena e-Commerce Platform:
(1) Opposing the basic principles regulated by the Constitution;
(2) Endangering national security, divulging national secrets, subverting national power, or undermining national unity;
(3) Damaging the national honor and interests;
(4) Inciting ethnic hatred, ethnic discrimination and undermining national unity;
(5) Undermining the state's religious policies, or promoting heresy and feudal superstition;
(6) Spreading rumors, disturbing social order, or undermining social stability;
(7) Spreading obscenity, pornography, gambling, violence, murder, terror or abetting a crime;
(8) Insulting or slandering others, or infringing upon the lawful rights and interests of others; and
(9) Containing other contents prohibited by laws or administrative regulations.
7.3. Legal Responsibility
You need to take legal responsibility for your comment and behavior on the Xuena e-Commerce Platform. If you violate the provisions of national laws and regulations, the system record of the Xuena e-Commerce Platform may become the evidence of your violation of laws and regulations.
8. Problem Handling, Limits of Liability and Limitation
8.1. Dispute Handling
You understand and agree that Xuena is not a judicial institution, and can only identify the information submitted by the parties with the knowledge level of ordinary or non-professional personnel. If there is a dispute between you and the Merchant, and you want Xuena to intervene in and help the settlement, Xuena's mediation of the Transaction dispute is entirely based on the delegation of you and/or the Merchant. Xuena cannot guarantee that the settlement results of the Transaction dispute is in line with your and/or the Merchant's expectations, and shall not bear any responsibility for the settlement results and compensation decision of the Transaction dispute.
8.2. Out of Stock Handling
Although Xuena / the Merchant will do the best effort, due to market changes and various factors that are difficult to control with reasonable commercial efforts, the Xuena e-Commerce Platform cannot prevent the Commodities in your Order information from being out of stock, and the price listed error and so on. If the above situation happened when you placing the Order, you have the right to cancel the Order, Xuena / the Merchant also has the right to cancel the unfulfilling Order, if you have paid, we will refund your money in the way you pay it.
8.3. External Influence
In any case, Xuena shall not be liable for failure or delay of the services due to failure of Internet connection, failure of computer, communication or other system, power failure, computer virus, bugs, strike, labor dispute, rebellion, uprising, riot, insufficient commoditiesivity or means of commoditiesion, fire, flood, storm, explosion, force majeure, war, act of government, order of international or domestic court, or inaction of third party.
8.4. Service Disruption and Suspension of the Transaction
Apart from the required by the laws and regulations, Xuena has right according to his own business decisions to unilaterally suspend or terminate part or all services provided by the Xuena e-Commerce Platform. In such cases, Xuena will notify you in advance in the form of an announcement, but will not be responsible for any losses caused to you. You understand and agree that Xuena requires to conduct regular or periodically maintenance or inspection of the Xuena e-Commerce Platform and equipment, and as a result, Xuena shall not bear any responsibility for the interruption of the Xuena Services, but Xuena will notify you in advance as far as possible. Except in the cases explicitly stipulated by laws and regulations, Xuena has the right to refund to you the fees corresponding to the outstanding services without your application or consent.
In addition, if the Customs Clearance fails due to incomplete or inaccurate identification information provided by you, or the Commodities purchased by you are detained by the Customs for your own reasons, or if you have a dispute with any other third party results in the suspension of the Transaction, Xuena shall not bear any responsibility for these.
8.5. Limits of Liability
(1) The Commodities and services sold on the Xuena e-Commerce Platform are provided to you by the Merchants, and they shall bear the responsibility for the quality assurance of their Commodities and services. Xuena will procure the Merchants to guarantee the quality of their Commodities and services, and to describe each item as accurately and thoroughly as possible. However, Xuena cannot review all relevant contents of the Commodities or services one by one is accurate, reliable and error-free. If you find any errors, please contact Xuena or the Merchant in time. It should be particularly noted that due to the differences in web page display when viewed with different web browsers or different computer display screens, the Commodities displayed on the Xuena e-Commerce Platform may not be consistent with real items in terms of images and colors. Therefore, all displayed pictures, videos, and other Commodity display methods are limited to illustration purposes;
(2) Xuena has registered and verified the Merchant's information and qualifications. The description of the Commodities you have purchased in the Xuena e-Commerce Platform is provided by the Merchant. You should be responsible for your judgment on these Commodities and services, but Xuena will according to relevant rules to urge the Merchants to perform After Sales Protection Services for you. If you find that there is a quality problem with the Commodities or services provided by the Merchant, please contact the Merchant or notify Xuena. Xuena will conduct checks and take relevant measures to effectively protect your legitimate rights and interests;
(3) Unless otherwise proven, the data stored by Xuena on its servers is the only valid evidence of your use of the Xuena Services; and
(4) Regardless any reason, if it is finally proved that Xuena / the Merchant made an error in the Transaction, Xuena's / the Merchant’s total compensation for your purchase will be limited to the total amount of the actual payment you have made for the affected purchase.
9. Personal Information Protection and Authorization
9.1. Authorization for Collection
You fully understand and agree that Xuena / the Merchant may collect your personal information, such as your name, email address, phone number and other identification information, through the Xuena e-Commerce Platform if you voluntarily choose the services or provide information. Xuena / the Merchant may keep some use habits information of the Users, for using to better understand and serve the Users. These data will help Xuena / the Merchant to develop the required function, information and services more accord with the Users.
9.3. Marketing and Promotion Information
In order to enable you to timely and comprehensively understand the various Commodities, services and activities provided by Xuena / the Merchant, you understand and agree that Xuena / the Merchant can send you all kinds of commercial short messages in multiple and long-term manner through the contact information provided during the registration and use of the Xuena Services without your consent.
9.4. Limitation of Technology
Xuena will use a variety of security technologies and procedures to prevent the loss, misuse, unauthorized access or disclosure of your personal information and that of other Users. However, you fully understand and agree that due to the limitation of technology and possible malicious methods, it is impossible to guarantee 100% security of information in the Internet industry even if every effort is made to strengthen security measures.
10. Validity, Right of Cancellation and Termination
The Agreement shall come into force and remain in force from the date of your registration as the Member of Xuena and/or use of Xuena’s services.
10.2. Cancellation of the Member Account
You may request to cancel the Member Account so as to terminate the Agreement in accordance with the method published by the Xuena e-Commerce Platform. While you shall know and understand the following:
(1) After the cancellation of the Member Account, you will give up the Member Account information and the assets and virtual interests of the Member Account in Xuena, and Xuena cannot restore the aforementioned services for you. This may be inconvenient for your requested After-Sales Services; and
(2) After the cancellation of the Member Account, your personal information will not be retrieved and accessed on the Xuena e-Commerce Platform. You acknowledge and understand that the transaction records shall be kept for a period of time as prescribed by law.
10.3. Termination of the Agreement
In case of any of the following circumstances happened, Xuena may notify you to terminate the Agreement in the manner agreed herein:
(1) In case of violation of the Agreement, Xuena has the right to terminate the Agreement in accordance with the terms content of the breach;
(2) If you steal others’ account, release prohibited information, swindle others' property, disturb the market order, take improper means to gain profits, etc., Xuena has the right to suspend and deactivate your account according to the Xuena Rules; apart from the above circumstances, your account will be closed by Xuena according to the Xuena Rules because you have violated relevant provisions of the Xuena Rules for many times and caused serious consequence;
(3) Your account was taken back by Xuena; and
(4) Other circumstances under which the services shall be terminated.
11. Force Majeure
Failure by a party to perform in time or to perform any of its obligations under the Agreement (except payment obligations) due to a force majeure event shall not constitute a breach of contract. However, the party affected by the force majeure event shall immediately notify the other related party of the nature, extent and results of the event and take corresponding remedial measures to minimize and avoid losses to the greatest effort.
12. Law and Jurisdiction
The rights, obligations and responsibilities arising from the Xuena User Agreement shall be interpreted and governed by the Laws of Hong Kong. All disputes arising out of or in connection with the Agreement shall be settled by the courts of Hong Kong and shall not be submitted for arbitration. Any lawsuit filed in other jurisdictions for breach of the Agreement shall not have the same protection as Hong Kong law and, depending on the circumstances, may be rejected and enforced by Hong Kong courts. Due to the differences in the basic legal concepts of different jurisdictions, there will be differences in the results of judgments predicted under different rules and the payment under the same judgment would also be different. Therefore, the Users should consult an independent third party legal professional if they have any questions about the applicable laws of Hong Kong for the Cross-Border e-Commerce Services provided by Xuena.
13.1. Valid Address
The contact phone number, email address and contact address you filled in when registering your Member Account in Xuena and/or placing Order by you shall be deemed as your valid notification address. If the above information is changed, you should update it in time. If the contact information provided by you is not accurate, or you do not timely inform the changes of contact information, so that the relevant notice (including but not limited to the change of the Agreement, legal documents, etc.) cannot be delivered or is not delivered in time, you shall bear all liability and the possible legal consequences.
13.2. Notice Delivery
Xuena will send you the latest information, news and notice through the above contact information, while the written notices will be sent by electronic means, including but not limited to announcements on the Xuena e-Commerce Platform, sending mobile phone messages to the contact number you provided, sending emails to the email address you provided, sending system messages and platform information to your Member Account of Xuena; they shall be deemed to be delivered upon successful sending; for written notice issued by hard copy, it shall be deemed to have been delivered on the fifth (5) calendar day after delivering to the contact address provided.
13.3. Delivery of Legal Documents
For any dispute related to the Xuena e-Commerce Platform, you agree that the administrative, public security department, judicial and other authorities may serve legal documents to you by means of mobile phone SMS, E-mail, system message or website letter, and the issuance of legal documents by the authorities to the above contact information shall be deemed as served. If the legal documents are delivered to you in the above ways at the same time, the time of delivery shall be subject to the first delivery. You agree that the above served methods applied to the whole process of administrative, judicial and other legal procedures.
14.1. Independence of Clause
If any provision of the Agreement or any part thereof is held to be invalid, illegal or unenforceable under applicable law, such invalidity, lawlessness or unenforceability shall not affect the validity of any other provision of the Agreement or any other part of these provisions.
14.2. Reservation of the Xuena e-Commerce Platform’s Rights
Other rights not expressly authorized in the Agreement shall remain with Xuena and shall not be exercised by the User without written permission of Xuena, and the failure of Xuena to exercise any of the foregoing rights shall not constitute a waiver of any right.
In the event of any inconsistency between the English and Chinese version, the English version shall prevail.
14.4. Contact Us
If you have any queries about these Terms or the Agreement, please feel free to contact Xuena Online Customer Services at email@example.com .
14.5. Effective Date
These Terms shall come into force on 01st April, 2020 and will be updated by Xuena from time to time.