Last Updated: November 14, 2019
Welcome and thank you for your interest in ZHIHEXING GROUP COMPANY. Please read the Privacy Policy to learn how we collect, use, and disclose your personal information. Terms of Service (“Terms”) The following is a legally binding contract between you and the Company regarding your use of the Service.
Please read the following Terms carefully.
Notice of Arbitration. Except for certain kinds of disputes described in Section 18, you agree that disputes arising under these Terms, including any claims arising out of or related to your use of the Service, will be resolved through binding individual arbitration, and by accepting these Terms, you and the Company are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be brought in small claims court). Your rights will be decided by a neutral arbitrator, not a judge or jury. (Found in Section 19.)
Overview of Service. We are a collection of fashion e-commerce companies showcasing hundreds of top brands and the latest trends.
Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not been previously suspended from the Service or removed from the Service; and (c) your registration and your use of the Service complies with any and all applicable laws and regulations. If you are an entity, organization, or company, you represent and warrant to the individual accepting these Terms that they have the authority to enforce these Terms on you and that you agree to be bound by them.
Account and Registration. To use certain features of the Service, you must register for an account (“Account”). When you register for an Account, you may be asked to provide us with certain information about yourself, such as your name, address, email address, billing information, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all activities that occur under your account. If you believe your account is no longer secure, you must notify us immediately by contacting Customer Service at sales@zhihexing.com.
General Payment Terms. Before you make any payment for a product you wish to purchase (a "Product"), you will be given the opportunity to learn about and accept the charges that will be charged to you.
Prices. The Company reserves the right to determine the prices of the Products. The Company will make reasonable efforts to keep the pricing information posted on the Site up to date. We encourage you to check our Site periodically for the latest pricing information. The Company may change the prices of any Product at any time. The Company may, in its sole discretion, offer promotional offers with different features and different pricing to any of the Company's customers. Such promotional offers, unless offered to you, will not apply to your Quote or these Terms.
Shipping Charges; Shipping Restrictions. We will list the shipping charges for your order at checkout, and you must pay all shipping charges for the Products to the address you provide. Please note that international packages may be subject to duties and taxes. You must also pay all duties, import duties, customs duties, taxes, and other charges applicable in your jurisdiction. Duty-free package restrictions are regulated by local customs authorities. Please check your local customs website for more information. Due to restrictions imposed by our financial partners or by law, the Company is unable to ship to the following countries: Belarus, Myanmar, Congo, Cote d'Ivoire, Crimea, Cuba, Iran, Iraq, Lebanon, Liberia, Libya, North Korea, Somalia, Sudan/South Sudan, Syrian Arab Republic, Yemen and Zimbabwe.
Delivery. The Company will endeavour to deliver your order, but we are not responsible for any delay or non-delivery for any reason. The Company expressly reserves the right to deliver any order by any number of separate shipments, using the method and carrier of choice at the Company's sole discretion. Orders will be shipped to the delivery address you specify after the order is placed. We may not be able to deliver to your address if it is geographically remote or difficult to reach. The Company shall not be responsible or liable for any unavoidable or unexpected delay or non-delivery. In the event of such an event, the Company shall be entitled, at its sole discretion, to terminate the whole or any part of any order or to reschedule delivery within a reasonable time without penalty or any liability for breach of contract.
Authorizations. You authorize the Company to charge the payment method specified in your account for all amounts for orders you place, including all applicable taxes. If you pay for any charges by credit card, the Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit to cover your purchase. If your order is placed on hold, we will contact you to ensure that delays are minimal.
Payment Processing. The Company works with certain third-party payment processors to process payments you submit using their services. The third-party payment processor, With Reach (previously with GoInterpay), assists with processing some of the Company's international orders. By selecting an order to be shipped outside of the United States, you agree to With Reach's Terms and Conditions: https://www.withreach.com/terms-of-service
Delinquent Accounts. The Company may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for Products, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
Refunds and Exchanges. Products purchased from Company are subject to the following Return Policy.
Limited Warranty. Company only ships branded merchandise purchased directly through its website. Please note that even such merchandise is not immune to defects in workmanship, including occasional missing stitching and other similar issues. Styles that have been damaged are more likely to have defects and are more susceptible to wear than more common styles.
Many products, especially those with embossed shapes, do wear or develop holes over time from regular wear and tear. Company warrants all products against such issues for 90 days from the date of purchase, and will replace or refund your purchase if such issues occur.
After 90 days, we may, but are not obligated to, attempt to assist with repairs, including providing replacement parts such as missing buttons or broken clasps, as long as such items or repair services are available from the designer, but we will not provide a full replacement or refund after 90 days unless the brand is willing to replace or reimburse the product at that time.
License.
Limited License. Subject to your full and ongoing compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service solely for your personal, non-commercial use: (a) to install and use an object code copy of any mobile application obtained from a lawful marketplace in connection with the Service on a mobile device you own or control (whether installed by you or pre-installed on your mobile device by a device manufacturer); and (b) to access and use the Service.
License Restrictions. Except as otherwise permitted by applicable law, and only to the extent such restriction is not permitted, you may not: (a) copy, distribute, publicly display or make available the Service; (b) modify the Service; or (c) interfere with or circumvent any functionality of the Service, including any security or access control mechanisms. You may not use the Service if you are prohibited from using the Service under applicable law.
Feedback. If you would like to provide questions about the Service or suggestions for modifications and enhancements to the Service ("Feedback"), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to use that Feedback in any manner and for any purpose, including improving the Service and creating other products and services.
Ownership; Patent Rights. The Service is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services and all other elements of the Service ("Materials") provided by the Company are protected by intellectual property and other laws. All Materials contained in the Service are the property of the Company or its third-party licensors. You may not use the Materials unless expressly authorized by the Company. The Company reserves all rights in the Materials not expressly granted in these Terms.
Third Party Terms
Third Party Services and Linked Sites. The Company may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to connect your account with the Company with your account on a third party service (such as Pinterest, Twitter, or Facebook), or through third party buttons we implement (such as "Like" or "Share" buttons). By using one of these tools, you agree that the Company may transfer that information to the applicable third party service. Third Party Services are not controlled by the Company, and to the maximum extent permitted by law, the Company is not responsible for any third party service's use of your exported information. The Service may also contain links to third party websites. The linked sites are not under the control of the Company, and the Company is not responsible for their content.
Third Party Software. The Service may contain or include third party software components that are generally provided free of charge under licenses granting recipients broad rights to copy, modify, and share those components. While the Service is provided to you subject to these Terms, nothing in these Terms will prevent, restrict, or be intended to prevent or restrict you from obtaining third party components under applicable third party licenses or to restrict your use of those third party components under third party licenses.
User Content
User Content Disclaimer General. Certain features of the Service may allow users to upload content to the Service, including messages, comments, photos, videos, images, files, data, text, and other types of works (“User Content”) and post User Content through the Service. You retain any copyright and other proprietary rights you may have in User Content you post to the Service.
Limited License Grant to Company. By providing User Content to or through the Service, or by submitting any User Content to any social media platform using the Company branded hashtags, you grant Company a worldwide, non-exclusive, irrevocable, transferable, royalty-free, fully paid-up right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, format for display, and distribute the User Content, in whole or in part, through any media channels now known or later developed.
Limited License Grant to Other Users. By providing User Content to other users of the Service or making it available through the Service, you grant such users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
User Content Representations and Warranties. Company disclaims any and all liability with respect to User Content. You are solely responsible for your User Content and the consequences of making it available through the Service. By making User Content available through the Service, you affirm, represent and warrant that:
You are the creator and owner of the User Content or have the necessary licenses, rights, consents and permissions to authorize Company and users of the Service to use and distribute your User Content as necessary to exercise the licenses you grant in this section in the manner contemplated by Company, the Service and these Terms.
Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; (ii) defame, libel, slander or violate the privacy, publicity or other property rights of any other person; or (iii) cause Company to violate any law or regulation or give rise to liability for Company; and
Your User Content shall not contain content that a reasonable person would consider offensive, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate
User Content Disclaimer. We have no obligation to edit or control User Content posted or published by you or other users, and will not be responsible or liable in any way for User Content. However, Company may, at any time and without prior notice, screen, delete, edit or block any User Content that we determine violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources, and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive and do waive any legal or equitable rights or remedies you have or may have against Company with respect to User Content. If a user or content owner notifies us that User Content does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, and we reserve the right to do so at any time without notice. For clarity, Company does not permit copyright infringing activity on the Service.
Monitoring Content. Company does not control and has no obligation to monitor: (a) User Content; (b) any content provided by third parties; or (c) its users’ use of the Service. You acknowledge and agree that the Company reserves the right, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time the Company chooses to monitor Content, the Company still assumes no responsibility or liability for Content or for any loss or damage that results from the use of that Content. During monitoring, information may be inspected, recorded, copied, and used in accordance with our Privacy Policy.
Prohibited Conduct. By using the Service, you agree not to:
Use the Service for any unlawful purpose or in violation of any local, state, regional or international law
Harass, threaten, degrade, embarrass or otherwise harm any other user of the Service;
Violate or encourage others to violate any rights of a third party, including infringement or misappropriation of any third party intellectual property rights;
Interfere with security-related features of the Service, including: (i) disabling or circumventing features that prevent or restrict use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any part of the Service, unless such activity is expressly permitted by applicable law;
Interfere with the operation of the Service or any user's enjoyment of the Service, including: (i) uploading or otherwise transmitting any viruses, adware, spyware, worms or other malicious code; (ii) making any unsolicited offers or advertising to other users of the Service; (iii) collecting personal information about other users or third parties without consent; or (iv) interfering with or disrupting any network, equipment or server connected to or used to provide the Service; Engage in any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;