GENERAL TERMS AND CONDITIONS OF THE SUPPLIER / SELLER
These Terms of Service were last updated on 01.06.2018
Table of Contents
1.Scope of Application
2.Conclusion of Contract
3.Right of Withdrawal
4.Prices and Terms of Payment
5.Delivery and Shipping Conditions
6.Retention of Title
9. Applicable Law & Jurisdiction
10.Alternative Dispute Resolution
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter "GTC") of the seller
Luoyang Wubang E-Commerce Co., Ltd (in short "Wubang Fashion")
Street:Wuzhou International Industrial Expo City Hengshan Road
Company Register Number: 91410300MA3X4A1H7N
Contact Person:Chen Chongyang
Luoyang Wubang E-Commerce Co., Ltd (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur & businesses (hereinafter "Customer")
1.1.1. With the Seller with respect to the goods represented by the Seller on,
1.1.2. The Platform of Just Superb, www.just-superb.com (hereinafter "Platform Operator").
1.1.3. Hereby the inclusion of own conditions of the Customer is contradicted, unless otherwise agreed.
1.1.4. A Consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
1.1.5. An Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2. Conclusion of Contract
2.1. The Product descriptions contained on the Platform do not represent binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2. The Customer can submit the offer via the online order form integrated on the Platform. After placing the selected goods in the virtual shopping basket and having gone through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
2.3. The Seller may accept the Customer's offer within five days,
2.4. By sending the Customer a written order confirmation or an order
confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
2.5. By delivering the ordered goods to the Customer, whereby the receipt of the goods at the Customer is decisive in this respect, or
2.6. By requesting payment from the Customer after placing the order.
2.7. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the Customer and ends on the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.8. When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Platform Operator and sent to the Customer after his order has been sent together with the (e.g. e-mail, fax or letter) and archived on the website of the Platform Operator and can be called up by the Customer free of charge via his Customer account, provided that the Customer has created a Customer account in the online shop of the Platform Operator before sending his order.
2.9. Before placing a binding order via the online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen.
2.10. Orders are usually processed and contacted by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.
3. Right of Withdrawal
3.1. Consumers are generally entitled to Withdraw from the contract.
3.2. Further information on the right of Withdrawal can be found in the Seller's cancellation policy or refund policy.
3.3. The right of Withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract, unless the state of habitual residence of the consumer itself provides for a right of withdrawal.
4. Prices and Terms of Payment
4.1. Unless otherwise stated in the Seller's Product description, the prices quoted are total prices. If necessary, additional delivery and shipping costs will be stated separately in the respective Product description or at Checkout.
4.2. For deliveries to countries outside the country of the seller, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the country of the seller but the Customer makes the payment from a country outside the country of the seller.
4.3. The Customer will be informed of the payment option(s) on the Platform.
5. Delivery and Shipping Conditions
5.1. Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the Customer.
5.2. If the carrier returns the shipped goods to the Seller, as delivery to the Customer was not possible, the Customer shall bear the costs of unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the Seller had notified him of the service a reasonable time in advance. Furthermore, this shall not apply with regard to the costs for the consignment if the Customer effectively exercises his right of revocation. If the Customer exercises his right of revocation effectively, the return costs shall be governed by the provisions of the Seller's revocation instructions.
5.3. If the Customer acts as entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed over the goods to the freight forwarder, the carrier or any other person or institution designated to carry out the shipment. In the first place. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the Customer or a person entitled to receive the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer in the case of consumers as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4. The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration reimbursed immediately. With consideration to reasonable circumstances include if collection by the Customer is not possible for logistical reasons.
6. Retention of Title
6.1. The Seller retains title to the delivered goods until full payment of the purchase price owed to consumers.
6.2. The Seller retains title to the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3. If the Customer acts as entrepreneur or business, he is entitled to resell the reserved goods in the ordinary course of business. The Customer assigns all resulting claims against third parties to the Seller in advance in the amount of the respective invoice value. This assignment applies irrespective of whether the reserved goods have been resold without or after processing. The Customer remains authorised to collect the claims even after the assignment. The authority of the Seller to collect the claims himself remains unaffected by this. However, the Seller will not collect the claims as long as the Customer meets his payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
7.1. If the goods or service are defective, the provisions of the statutory warranty shall apply. The following deviates from this:
7.2. For entrepreneurs & businesses;
7.2.1. The Seller has the choice of the type of defect rectification in the case of insignificant defects;
7.2.2. The limitation period shall not recommence if a replacement delivery is made within the scope of the warranty.
7.2.3. The obligation to give notice of defects according to § 377 UGB applies to entrepreneurs & businesses, otherwise he can no longer assert claims for warranty, for damages due to the defect itself or from an error regarding the absence of defects in the item.
7.3. The above limitations of liability and shortened limitation periods do not apply.
7.3.1. for damages resulting from injury to life, body or health or damages which are based on an intentional or negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller,
7.3.2. In the event that the Seller maliciously concealed the defect.
8.1. The Seller is liable to the Customer from all contractual, contract-like and legal, including tortious claims for compensation for damages and expenses as follows:
8.2. The Seller is liable for every legal reason according to and within the framework of the statutory provisions, i.e. in the event of;
8.2.1. Intent or Gross Negligence,
8.2.2. Injury to life, limb or health.
8.3. Any other liability on the part of the Seller is excluded.
8.4. The above liability regulations also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.
9. Applicable Law & Jurisdiction
9.1. All legal relations between the parties shall be governed by the law of the Republic of the seller to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.2. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9.3. Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract, unless the law of the state in which the consumer has his habitual residence provides for a right of withdrawal.
9.4. If the Customer is an entrepreneur within the meaning of section 1.2, the exclusive place of jurisdiction shall be the Seller's place of business. For Customers who are consumers, the following applies: For both actions brought by the company against the consumer and for actions brought by the consumer against the company, the place of jurisdiction is the place of residence or habitual abode of the consumer.
10. Alternative Dispute Resolution
10.1. The EU Commission provides a Platform for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr
10.2. This Platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
Terms of Service with Customer Information
Just Superb by New Yewth FZE
Situated at: Flexi Office, RAKEZ Business Zone-FZ
(Hereby known as the “Company” or the “Platform Operator”)
These Terms of Service were last updated on01.06.2018
These terms of Service (hererinafter referred to as "TOS") of
Flexi Office, RAKEZ Business Zone-FZ
United Arab Emirates
apply to all contracts relating to the delivery of Goods and/or Product s that a consumer or entrepreneur (hereinafter referred to as "Customer") to the respective providers /sellers in the Online Shop of the Platform Operator represented services or Goods and/or Product s closes. Hereby the inclusion of own conditions of the Customer is contradicted, unless it is agreed otherwise.
Consumer within the meaning of these TOS is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly neither their commercial nor their independent professional activity. Entrepreneur within the meaning of these TOS is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
The Goods and Products offered on the side of the Platform Operator are not offered by him but by third parties ("providers"or “sellers”) for the submission of a bid by the Customer. The Platform Operator only allows Customers via his Platform to buy the Goods and/or Products offered there by the providers. For the sale, delivery and handover, the terms and conditions of the provider apply. The Product descriptions contained in the online shop of the Platform Operator do not constitute binding offers on the part of the provider, but serve to make a binding offer by the Customer to the respective provider.
The Goods and/or Products offered by the providers on the website of the Platform Operator do not constitute an offer of the Platform Operator or the provider.
The Customer can offer to buy a Product rather only on the in submit the online shop of the Platform Operator integrated online order form. There gives the Customer after he put the selected Product’s in the virtual shopping cart and has gone through the electronic ordering process by clicking on the ordering concluding buttons a legally binding contract offer in relation on the Product contained in the basket.
The Company can accepted and finalize all Orders within five days, and the Company will provide the Customer with confirmation (via E-Mail or SMS), in which case the receipt of the order confirmation at the Customer is authoritative,or,
In that the supplier provides or delivers the Goodsand/or Product’s to the Customer, whereby insofar the access of the Goodsand/or Product’s to the Customer is decisive,or by the provider for payment to the Customer after submitting his order.
If more than one of the Orders is confirmed, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. If the offer of the Customer is not accepted within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
When submitting an offer via the online order form, the text of the contract is stored by the Platform Operator and archived on the Platform Operator's website.
Before the order is placed via the online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen.
For the conclusion of the contract, only the English language is available.
The order processing and contacting take place usually by e-mail and automated order processing. The Customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the Platform Operator can be received. In particular, the Customer must ensure that by checking the Spam file that all e-mails sent by the Platform Operator or by third parties commissioned with the order processing can be delivered.
Right of Withdrawal
Consumers resident in the EU are in principle entitled to a right of withdrawal from the provider.
Further information on the right of withdrawal and the exclusion result from the withdrawal instruction of the provider.
The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract, unless the State of the consumer's usual residence provides for a right of withdrawal.
Prices and Terms of Payment
Unless otherwise stated in the Product Description of the Platform Operator, the indicated prices are total prices. If necessary, additionally incurred shipping costs are specified separately in the respective Product description or at checkout.
In the case of international deliveries, additional costs may be incurred in individual cases, which the provider is not responsible for and which must be borne by the Customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties).
The payment option (s) will be communicated to the Customer in the online shop of the Platform Operator.
The payment is made to the Platform Operator, as the respective providers have authorized the Platform Operator for collection.
The Platform Operator does not owe delivery of the specified Goods and/or Products, but only that the customer receives the possibility of a contract with the provider and assured, reputable and reliable suppliers.
The regulations of the legal warranty apply. All claims arising from non-performance or poor performance after the conclusion of any purchase contract are to be asserted directly against the provider.
For the purposes of this document, that the provider and not the Platform Operator is
The actual seller or contract partner of the customer and the provider alone is responsible for ensuring that the contract is properly fulfilled.
Therefore, neither a warranty claim nor a liability of the Platform Operator for the proper fulfilment of the brokered contract exists.
The seller / provider is liable without limitation, as far as the cause of the damage is based on an intentional or grossly negligent breach of duty or a legal representative or vicarious agent. The contracting party is not a vicarious agent.
The above limitations of liability do not apply to injury to life, limb and health
All legal relationships of the parties shall be governed by the law of theUnited Arab Emirates to the exclusion of the UN Sales Convention.
For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose place of residence and delivery address are outside the European Union at the time of conclusion of the contract, unless the law of the State in which the consumer has his habitual residence, grants such a right of withdrawal.
Alternative Dispute Resolution
The EU Commission provides a Platform for online dispute resolution for consumers residing in the EU on the Internet at the following link:http://ec.europa.eu/consumers/odr
This Platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
The Platform Operator is not required to participate in a dispute settlement procedure before a consumer dispute resolution body.
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