Conditions & Terms
ACCEPTANCE OF TERMS
Welcome to PHEAccessories.com. PHEAccessories.com provides services for you that are subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice. PHEAccessories.com recommends that you review this page from time to time to note any changes. If you visit or order from PHEAccessories.com, you are accepting these terms. Please read them carefully. In addition, when you use any current or future service or business from us, you will also be subject to the guidelines, terms, and agreements applicable to such service or business.
Conditions of Use
* Please note that sometimes products presented in this website are or may become unavailable, or may be available but only in lesser or limited quantities (for example due to extremely quick turnovers of certain popular items), or may be or become subject to shipping availability or delivery delays.
In such circumstances, we shall notify you of your options available at that time (if any). For example, a postponement or extension of time for the order or transaction processing and delivery of the products concerned, or a restriction of your order or transaction quantity to a lower amount, or a cancellation or termination of your order or transaction, may arise.
If (in our sole and absolute discretion) it appears that no such option is reasonably or commercially feasible, appropriate or available, or that no such option can or is likely to be agreed upon by the parties, then we shall have the right to reject, cancel or terminate your order or transaction. In such event, we shall refund to you (without interest) any payment you made and which we have received for such order or transaction. Such refund shall constitute our sole and exclusive liability, and your sole and exclusive remedy, in respect of any non- or limited availability of products or any shipping availability or delivery delays (as the case may be), and the resulting rejection, cancellation or termination.
* Any and all orders and transactions made or processed through this website are subject to, and shall constitute acceptance of and agreement to, these PHEAccessories.com Terms & Conditions, as amended and/or supplemented by any other product-specific Additional Terms & Conditions, if applicable (see below).
* Please note that other Additional Terms & Conditions may apply to specific products. Such Additional Terms & Conditions (if any) are posted and available on the applicable product page. In the event of any conflict or inconsistency between the provisions of these PHEAccessories.com Terms & Conditions and the provisions of the applicable Additional Terms & Conditions (if any), the provisions of the applicable Additional Terms & Conditions shall prevail, but only to the extent of such conflict or inconsistency.
* We may amend these PHEAccessories.com Terms & Conditions at any time, by posting the amended version on this website. Such amended version shall automatically be effective upon its posting on this website.
* Please note that we are not the actual manufacturer and/or the original supplier of any of the products presented in this website. These products have been placed with us merely on a consignment basis by, or have been procured by us from, the actual manufacturer(s) and/or original supplier(s) thereof. When the product is marked as replacement, it means it’s a compatible replacement of the original brand product, rather than the original brand product.
* Accordingly, except as otherwise expressly provided in these PHEAccessories.com Terms & Conditions or in the applicable Additional Terms & Conditions (if any):
1. we do not make any representation or warranty whatsoever (whether express or implied) in respect of any of the products presented in this website, including (but not limited to) any representation or warranty as to use, operation, condition, quality, merchantability, suitability, fitness for any purpose, non-infringement of any intellectual property or other rights, or compliance with or non-violation of any law or regulation; and
2. we expressly disclaim, do not assume and shall have no responsibility or liability whatsoever in respect of, or arising from or in connection with, or in any way relating to or associated with, any of the products presented in this website or the advertising, offering, sale, delivery, export or import thereof, including but not limited to any responsibility or liability for any compensatory, direct, indirect, incidental, special or consequential loss or damage; or any loss of data, business, opportunity, income, revenue or profit; or any loss of or damage to property; or any claim of or by any third party.
* We shall not be liable for any delay, breach or failure of performance due to, or arising from or in connection with, any cause, reason or event beyond our reasonable control, for example (but not limited to) any act of God; any fire, flood, explosion, storm, typhoon, hurricane, earthquake, tsunami or disaster; any theft, robbery or vandalism; any disease outbreak or epidemic or quarantine restriction; any notice, order, direction, instruction, request, requirement, act or omission of any governmental, regulatory, legislative, executive, judicial, civil or military authority, agency or body (including any customs authority); any national emergency, insurrection, riot, civil commotion, war or warlike operation; any act of terrorism; any strike, lockout, work stoppage or labour dispute, trouble or difficulty; any delay in shipping or transportation; any manufacturer, supplier or product unavailability or shortage; or any breach, delay, fault, act or omission of any product manufacturer or supplier, or any of our service providers (including our warehousing, logistics, shipping or delivery service providers), or any other third party.
* If any disclaimer or exclusion herein is not permissible under any applicable law, then we shall only be liable to pay to you the lower of either one of the following (and not both): (i) a refund (without interest) of any payment actually remitted to and received by us for the product concerned; or (ii) a compensation for the amount of any actual direct damage or loss proven by you (as substantiated by evidence and documents reasonably acceptable to us), up to a maximum amount not exceeding in the aggregate the total purchase price for the product concerned. Under no circumstances whatsoever shall our liability to you, whether in contract or in tort (including negligence) or under any other theory, ground or cause of action, exceed in the aggregate a maximum amount equal to the total purchase price for the product concerned.
Buyer’s Warranties & Indemnities
* You hereby represent and warrant that you have all lawful rights (including but not limited to any and all applicable governmental or regulatory permits, consents, approvals or licenses) necessary to place your order or to transact for, to purchase and pay for, to import and take delivery of, and to use (in commerce or otherwise) or further transact in, the product(s) concerned and to perform all of your associated obligations, activities and transactions, and that such ordering, transaction, purchase, payment, importation, taking of delivery, use (in commerce or otherwise), further transaction and/or performance do not and shall not infringe any right (including but not limited to any intellectual property rights) of any person or entity or violate any applicable law or regulation.
* You agree to indemnify, defend and hold harmless us (and our parents, subsidiaries and affiliates) and any of our (or their) directors, officers, employees, agents, representatives, contractors and product or service suppliers, from and against any and all claims, losses, damages, liabilities, suits, actions, proceedings, judgments, fines, penalties, costs and expenses (including legal fees and disbursements on a full indemnity basis) arising from or in connection with any breach of any of your representations, warranties, undertakings, agreements and/or obligations hereunder.
Co-operation in Legal or Regulatory Proceedings
* You expressly agree that (i) you shall upon our request furnish us with copies of any notices and/or other documents from each applicable customs agency and/or other governmental or regulatory authorities and/or customs brokers, relating to the shipments and/or products concerned; (ii) we are hereby authorized by you to request for, procure and obtain any notices, information and/or documents directly from each applicable customs agency and/or other governmental or regulatory authorities and/or customs brokers, relating to the shipments and/or products concerned; and (iii) you shall provide us (upon reasonable notice) with any and all relevant information and documents requested by us, and shall co-operate reasonably with us, in connection with or for the purposes of our investigating, responding to and/or dealing with any applicable customs agency and/or regulatory enquiries, investigations, seizures and/or actions, and/or any other legal or regulatory proceedings, relating to the shipments and/or products concerned.
Other Terms & Conditions
* We shall do our best to provide timely and helpful customer support to all interested buyers. If you find problems with our service/product, please contact us at Customer Services and we shall try to resolve any problem as quickly as possible.
* We reserve the right to reject, cancel or terminate any order or transaction without any reason or cause, in which case we shall refund to you (without interest) any payment you may already have made for such order or transaction. Such refund so made shall constitute our sole and exclusive liability, and your sole and exclusive remedy, in respect of such rejection, cancellation or termination.
* We reserve the right to modify our shipping and handling terms, return policy, and any other terms and conditions of these PHEAccessories.com Terms & Conditions or any applicable Additional Terms & Conditions, with or without any prior notice.
* These PHEAccessories.com Terms & Conditions shall be construed in accordance with and governed in all respects by the laws of China.
The Information We Collect
WHY DO WE COLLECT THIS INFORMATION?
We use this information in order to serve the needs of our customers. We need to know who you are in order to verify the credit card information you have sent us. We collect several pieces of personal information from you in order to complete this verification process. The non-personal information that we collect from you is used in order to offer you better service and to make your experience with our site more enjoyable. Any information that we may inadvertently collect from you, that does not serve one of these reasons stated above, is immediately purged from our system.
Our Commitment to Data Security
We take reasonable precautions to keep your personal information secure. We have put in place appropriate physical, electronic, and managerial procedures to safeguard the information we collect. We cannot guarantee the security of any information you disclose online, and you do so at your own risk.
Although we employ the safest data encryption methods possible, if for any reason you would like to place your order offline, you may reach us by email, google talk or MSN and a customer service agent will take your order and payment information to help you complete the orders.
WHO HAS ACCESS TO MY INFORMATION?
Only those employees that are responsible for handling your account have access to your information. Additionally, employees in our technical department may have access to your information in order to conduct routine checks on the integrity of our system and in order to perform necessary maintenance work. In order to process your credit card we have to consult with an out side credit card processing company. These processing companies are regulated by the banking industry and must meet certain security requirements in order to be in business. The processing companies will have access to your credit card information, billing address, name, and possibly your telephone number. The processing company will communicate with the issuing bank of your credit card in order to get final approval to charge your credit card for the product or services we are providing for you. Additionally, judicial requests by a duly authorized court will require us to divulge certain information regarding your account should that situation arise. Finally, should our company ever be bought or sold, your account information would then become the property of the new owner/entity.
Removal from database
You always have the option to view your account to make sure the information we have collected from you is indeed correct. You also have the option of removing any information from your account that you wish to keep private. However, please note that removing certain information such as your email address, contact information, and the like may greatly hinder our ability to effectively provide the service or products you have requested. We recommend, that you contact us first to discuss which information you may remove without interrupting the quality of service we intend to provide for you.
Links to Other Sites