MOVIMODA ON-LINE TRANSACTION TERMS & CONDITIONS
1.2. The Website is operated by Movimoda. Products are sold directly by Movimoda. Products are sold through the Website only to customers being natural person final users acting with no commerce, trade, industrial or profit purpose (the “Customers”). We reserve the right to refuse any order not made by a Customer.
2. USE OF THE WEBSITE
2.1. Unless we otherwise expressly agreed in writing, the T&C shall be deemed as the only valid Sales Contract (“Contract”) between you and us regarding your purchase of Products. A Contract consisting of the terms set out hereunder shall be regarded as having been concluded between you and us in relation to the relevant order every time you pay in full the price of the relevant order, or every time you receive an email confirming dispatch of the Products (the “Shipment Confirmation”) (whichever is earlier). The T&C is essentially important to both you and us because it is legally binding and protecting your rights as a valued customer and our rights as a business.
2.4. You agree that:
2.4.1. You shall legally use the Website to make enquiries or purchase.
2.4.2. You will not make any speculative, false or fraudulent order. If we can reasonably believe that such an order has been made, we are entitled to cancel the order and inform the relevant authorities.
2.4.4. If you fail to give us all of the information needed, we might not be able to complete your order.
2.4.5. You guarantee all the information provided by you to be complete, accurate and valid. All consequences of such information not being complete, accurate and valid (e.g. delivery address being no longer valid) shall be borne by you.
2.4.6. You shall be fully responsible for the safety of your registered account (including, but not limited to, user name and password). Should your account be misappropriated or experience safety vulnerability, please inform us immediately.
2.5. You warrant that you have reached legal age and you have civil rights capacity and civil conducts capacity under the laws of the People’s Republic of China to enter into a valid contract. You hereby specifically confirm, before your purchase of any Product through the Website, we have provided you with and drawn your attention to in a conspicuous manner, and you have carefully read and fully understood the relevant information of the Products you purchased, including but not limited to the quantity, quality, price, expense, performing period and method, safety caution and risk warning, return and exchange policy, after-sales service, and civil liabilities.
2.6. You also specifically confirm that you believe the parties’ rights and obligations under the T&C meet the requirement of fairness, that we have drawn your attention in a reasonable manner to the provisions that exclude or limit our liability, and that you fully understand the T&C and do not require further explanations.
2.7. You shall bear full liability for the activities carried out through your registered account. In particular, if the consignee indicated in an order does not coincide with the user making the order, then any consignee’s behaviours and expressions of will shall be regarded as the user’s behaviours and expressions of will. The consignee shall be bound by the same obligations that bind the user hereunder. The user shall bear joint and several liability for the consequences of the consignee’s behaviours and expressions of will.
2.8. By registering an account on the Website or providing us with your contact information, you consent to our sending to you product advertising contents, information about promotions and other marketing information, through text messages or emails to the phone number or email address you indicated. If you wish to opt-out of receiving marketing information, you may change the settings in the “My Account” section on the Website, use the 'unsubscribe' link provided in the emails， reply STOP to the text message, or otherwise contact us directly.
3. ESTABLISHMENT OF CONTRACT
3.1. The information provided in the T&C and the Product descriptions on the Website do not constitute an offer for sale under the Contract Law of People’s Republic of China, but rather an invitation to treat. No contract in respect of any Products exists between you and us until you pay in full the price of the relevant order, or receive Shipment Confirmation for the relevant order (whichever is earlier).
3.2. If you intend to make a purchase, you shall follow the shopping process online and press the “End Order” button to submit the order. The sale contract between you and us will be established when you pay in full the price of the relevant order, or receive Shipment Confirmation for the relevant order (whichever is earlier).
3.3. Until a Contract is established, you have the right to cancel any order. In the case of repeated cancellations, we reserve the right to investigate the reasons and refuse providing Products and/or services to you, and to block or delete your registered account.
3.4. You may choose to purchase as a guest. In such mode, you only need to fill the personal information that is absolutely necessary. Before your completion of purchase, you will be given the option to register and save your data for future usage.
4.1. The availability of Products contained in the Website is subject to circumstances that do not depend on us. Even if you have already paid the price of an order or received a Shipment Confirmation, if we are unable to comply with the reports on availability of Products contained in the Website, you will receive an alert status change order email (the “Alert Status Change Order”) suggesting you to buy other Products, to which you may respond online by accepting or rejecting the change proposal. If you do not wish to purchase the Products we recommended, we will refund you any amount you have paid for unavailable Products.
4.2. The Products are described in the relevant information sheets. Technical information is based solely on official data published by manufacturers. In any event, size and other characteristics are subject to normal commercial tolerances.
4.3. The pictures, videos and/or other reproductions accompanying the description of a Product cannot be fully representative of its features, and may differ as to the colour, size and accessories. The colours of the images showing the Products are only approximate, due to the colour rendering of monitors and similar devices. In the event of discrepancies between the Products as described on the Website and the Products as sold, to the maximum extent allowed under the laws of the People’s Republic of China, the only remedy available to you will be the return of Products under Article 9.
4.4. The Products we offer on the Website are only available in the People’s Republic of China (which for the purposes hereof shall not include Hong Kong, Macau or Taiwan).
5. ORDER REJECTION
5.1. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances under which we have to reject your order. In such exceptional circumstances, we reserve the right to reject any order at any time and at our sole discretion. We will promptly notify you and refund any amount paid in relation to the relevant order, which will exempt us from any further claims.
5.2. We reserve the right to withdraw any Product from the Website, whether or not it has been sold, and to remove or edit any materials or contents on the Website. We shall not be liable to you or any third party for our withdrawal of Products or deletion or editing of any materials or contents on the Website, nor shall we be liable for rejecting or accepting orders.
5.3. We reserve the right to set up limits to the number of Products of the same type sold to the same account and/or IP address. Currently Customers can buy up to 5 items of a Product in a single order.
6.1. We will make our best endeavour to deliver the Products by the delivery date indicated in the Shipment Confirmation email (or, if no date is indicated, within 15 days of delivery of the Shipment Confirmation email).
6.2. Delay of delivery may be caused by:
6.2.1. customization of products;
6.2.2. specialized items;
6.2.3. Force Majeure;
6.2.4. impossibility or difficulty to reach delivery address; or
6.2.5. you provided wrong information (e.g. wrong delivery address).
6.3. We will keep you updated if for whatever reason we are unable deliver the Products on time. In that case, you will be entitled to choose to either continue waiting for the delivery or cancel the order and get a full refund.
6.4. If there is proof of signature for receipt at the delivery address, our obligation of delivery will be deemed fulfilled.
6.5. If you are not available at the time and location of delivery, please contact us in advance to rearrange delivery for another mutually convenient time and location, provided that the new delivery location is within the same Municipality originally indicated in your order. You may change the delivery time and location only once. If you are not available at the time and location of delivery and have not contacted us in advance to rearrange delivery, we reserve the right to cancel the order.
6.6. “Municipality” means the province level municipality (直辖市), the prefecture level municipality (地级市) or the county level municipality (县级市) where delivery location is, provided that:
6.6.1. Where delivery location falls neither within a province level municipality nor within a prefecture level municipality, nor within a county level municipality, then “Municipality” shall mean the territory of the county level administrative subdivision (县级行政区) where delivery location is located; and
6.6.2. Where delivery location falls at the same time within more than one municipality at different levels, then “Municipality” shall mean the relevant municipality at the lowest level.
6.7. Upon delivery of the Products, you shall immediately check:
6.7.1. whether the Products received are consistent with those listed in the relevant order;
6.7.2. whether the code, size and other specifications of the Products received are consistent with those listed in the relevant order;
6.7.3. whether the Products received have no evident defects (such as cracks, scratches, missing buttons, colour difference, etc.);
6.7.4. whether the package and its seal(s) (if any) are intact.
6.8. If Products present one of the above circumstances, you must immediately report the circumstance to us through the Website or by email to the address email@example.com.
6.9. If there is proof of signature for receipt at the delivery address and we have not received any complaint within the day following the day of receipt, then you shall be regarded as having waived any right of objection in respect of the relevant Products (except for manufacturing defects under Article 10).
7. TRANSFER OF RISK AND OWNERSHIP
7.1. The Products will be at your risk from the time of signing for receipt of the Products.
7.2. Ownership of the Products will only be transferred to you after we receive your full payment (including delivery fees), and the relevant Products are signed for receipt.
8. PRICE AND PAYMENT
8.1. Unless there are obvious mistakes, the price of the Products shall be the one indicated on the Website at the time you make the relevant order. Although we make our best endeavours to ensure the accuracy of prices, errors may occur. If we find out that an incorrect price has been paid for the Products you ordered, we will inform you as soon as possible. After being informed, you are entitled to confirm the correct price (in which event you shall pay, or get a refund for, the difference, as the case may be) or cancel your order.
8.2. The price indicated on our website includes VAT, but not delivery fees. Delivery fees will be calculated into the total amount according to the carrier’s statement.
8.3. Prices may be changed at any time but, unless there is a price mistake as mentioned above, the price of the Products in your Shipment Confirmation email will not be changed.
8.4. Once you finish shopping, all the items you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. Please do as follows:
8.4.1. Click the "Shopping bag" icon at the top of the page.
8.4.2. Click the "End Order" button.
8.4.3. Fill in or confirm your contact details, details of your order, delivery address and the invoicing address.
8.4.4. Complete the payment checkout procedure using your preferred payment method.
8.5. Before submitting an order, the Website will resume the order information and require you to confirm it. Before submitting an order, please check carefully the order information. If there are mistakes, please correct them immediately. Any consequences arising from the order data confirmed by you still being incorrect shall be borne by you.
8.6. You may complete your payment through Alipay, WeChat Pay, PayPal (each an “Online Payment Method”). Payment transactions shall be regulated by the terms and conditions of the relevant payment service provider. All commission charges and fees charged by payment service providers shall be for your account.
8.7. If you have chosen an Online Payment Method, your order will be immediately cancelled if we do not receive full payment for the relevant order within 6 hours after its submission.
8.8. We will deliver to you a general VAT invoice for the purchased Products only if specifically requested by you during the purchase process. Invoices will be sent in the shipping box along with the Products.
9. RETURN AND EXCHANGE POLICY
9.1. If you wish to return any Products, you must contact our customer service within 14 days of receiving the Products (or of receiving the last batch of Products, if the Products under a certain order are delivered separately, under the condition that your returned Products comply with our Return Policy. Unless there is evidence to the contrary, the Products shall be regarded as having been returned on the date shown in the post mark shown on the return package. After a successful return, we will proceed to refund within 7 days.
9.2. Return Policy. We will accept your return application under the following conditions:
9.2.1. Returned Products shall be in good conditions, i.e. the Products you returned shall be able to maintain their original quality and function; the Products and their accessories, tags and logos shall be intact;
9.2.2. Returned Products are in the same status as you received them, and their conditions will not affect their second sale;
9.2.3. Documents, wrappings, instructions, boxes (if any) going with the returned Products shall be returned without damage and in their original status;
9.2.4. Unless otherwise indicated, gifts, coupons, vouchers, invoices, etc. shall be returned together with the Products;
9.2.5. You cannot return the following Products:
(1) Customized items;
(2) Swimming suits, socks, underwear and other personal products;
(3) Other items in respect of which the Website indicates they cannot be returned.
9.3. The Website cannot provide you exchange service. If you wish to make an exchange, please return your Product and purchase another one. If you disagree with such arrangement, please do not purchase any Product through the Website.
10. PRODUCT WARRANTY
10.1. All Products sold on the Website are authentic and certified, and comply with the relevant laws and regulations of the People’s Republic of China.
10.2. According to the relevant laws of the People’s Republic of China, the appropriate measures are to be taken to guarantee product quality. Except for defects which should have been reported upon delivery and have not been reported under Article 6.8, the Customer shall be entitled to obtain up-to-standard products through repair or replacement free of charge, or to return Products under Article 9, provided that the Customer applies for repair or replacement within 2 years of receipt of the relevant Products, or applies for return within the deadlines provided under Article 9 (as the case may be).
10.3. Except where otherwise required by the laws of the People’s Republic of China, we do not undertake any liability for any damages arising from purchase and use of the Products, including but not limited to direct, indirect, consequential and punitive damages.
11. RETURN PROCEDURE
11.1. In the case of return under Article 9, we will not bear courier fees for the return of Products.
11.2. In the case of repair or replacement under Article 10, if the claimed defect is not covered by warranty, we reserve the right to charge you the costs incurred for inspection, repair and shipping (including service centre costs).
11.3. Where relevant, we will inform you whether you are entitled to refund after checking your returned Product. If the returned Products comply with our return policy, we will refund your paid amount for the returned Products within the statutory period. The time on which you receive the refund is subject to the payment method you use and the procedures and policies of relevant bank and financial institutions. Unless you choose payment upon delivery, we will refund you by the method of payment you used when making your purchase. For payment-upon-delivery orders, we will refund you through bank transfer, so please make sure you fill in the correct bank card information in the return process on the Website.
11.4. In any event, please exercise reasonable care while you are in possession of the Products. If your use of the Products has exceeded the measure needed for inspection and confirmation of their quality and function, resulting in a reduction of the value of the Products (e.g. trademarks have been removed, the Products are dirty or damaged), we may reject your return application. A Product must be returned in its original packaging, complete in all its parts, including the accessories and documentation provided. The original packaging must not be damaged in any way, nor bear writing or adhesive tape. We advise you to include the original packaging in a second box for shipping. Any risk for damage to or theft of returned Products will be for your account.
12. LIABILITIES AND EXEMPTIONS
12.1. Within the scope permitted by law, our liability in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product.
12.2. Within the scope permitted by law, we will not be liable for any indirect losses caused by tort, breach of contract or other reasons. The abovementioned indirect losses include but not limited to,
12.2.1. loss of income or revenue;
12.2.2. loss of business;
12.2.3. loss of profits or contracts;
12.2.4. loss of data; or
12.2.5. loss of management or work time.
12.3. Due to the open nature of the Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website.
12.4. All the product description, information and materials posted on the Website are all on an “as is” basis without any express or implied warranties.
12.5. We do not undertake any liability for the following circumstances and their consequences:
12.5.1. You disclose the user name or password of your account to other persons, or share an account with other persons;
12.5.2. You transfer your account, lend it to other persons, or make it the object of transactions;
12.5.3. You carry out illegal activities using the Website.
13. CONTRACT TERMINATION
13.1. You agree that, should any of the following circumstances arise, notwithstanding the fact that you may have paid the price of an order in whole or in part, we are entitled to terminate unilaterally the relevant Contract(s) (in whole or in part), without bearing any liability as a consequence of termination of the Contract(s):
13.1.1. The Products you ordered are out of stock, and you do not wish to purchase the Products recommended in the Order Status Change Alert;
13.1.2. There are exceptional circumstances under which we have to reject your order (please see Article 5.1), the existence of such circumstances to be assessed in our sole discretion;
13.1.3. You are not available at the time and location of delivery and have not contacted us in advance to rearrange delivery.
13.2. If you have already paid for Products (or the price of Products has already been deducted from your account) and we terminate a Contract in relation thereto, the price of the Products in relation to which the Contract has been terminated will be fully refunded.
14. ACCOUNT DELETION AND BLOCKAGE
14.1. Should any of the following circumstance arise (to be judged in our sole discretion), we reserve the right to cease providing Products and/or services to you, and/or delete or block your registered account:
14.1.1. You cancel orders multiple times;
14.1.2. The information provided by you is false, incomplete or inaccurate;
14.1.3. You infringe the T&C and/or the Privacy and Cookies Statement;
14.1.4. You engage in conducts damaging our interests and/or the interests of Product provider EBE Group S.r.l.;
14.1.5. You use the Website to engage in illegal activities;
14.1.6. You transfer your account, lend it to other persons, or make it the object of transactions;
14.1.7. You obtain an account through fraud or other unfair means;
14.1.8. You directly or indirectly register more than one account, or register an account in another person’s name;
14.1.9. We are unable to contact you at the contact details you provided;
14.1.10. You purchase Products other than as a Customer.
15. INTELLECTUAL PROPERTY RIGHTS
15.1. All materials, contents, trade marks, signs, logos and images (regardless of whether they are registered or not) on the Website, on Products and on the relevant labels and packaging on the Products are owned by us, EBE Group S.r.l. and/or by the respective licensor(s) (as the case may be). Except as expressly authorised in writing by us, EBE Group S.r.l. and/or by the respective licensor(s) (as the case may be), copying, altering, tampering with or using said trade marks, signs, logos or images is strictly prohibited and will be prosecuted according to law. This does not prevent you from making a copy of your order details when necessary.
15.2. The user shall not copy, publish, disclose, broadcast, provide to the public, republish, display, transfer, remove, add or otherwise tamper with, create and/or use derivative works of the Website or any works inspired by the Website. Any download or copying of any contents of the Website shall require prior written consent by us, EBE Group S.r.l. and/or by the respective licensor(s) (as the case may be).
16. INFORMATION PROVIDED BY USER
16.1. The Website collects information of the user as described in the Privacy and Cookies Statement (to see the Privacy and Cookies Statement currently in force, please click here), in compliance with the laws of the People’s Republic of China. By using the Website and/or purchasing Products on the Website, you consent to the collection of information at the above conditions.
16.2. You acknowledge and agree that any opinion, proposal, creation, concept, picture, text or any other data, content and materials (except for personal data) disclosed or sent to us through the Website or otherwise shall not be regarded as confidential. By providing such data, content and materials, you grant to us a free, non-exclusive, worldwide licence to copy, reproduce, publish, disclose and use in any other way (including advertisement, promotion or development purposes) such data, content and materials.
16.3. You represent and warrant that the data, content and materials provided to us through the Website or otherwise shall be truthful, legally acquired and do not infringe any third parties’ rights. You undertake full liability for such data, content and materials.
16.4. Your right to user information access, rectification, cancellation and objection rights, as well as your right to deletion of the account shall be disciplined by the Privacy and Cookies Statement (to see the Privacy and Cookies Statement currently in force, please click here).
16.5. You understand and agree that, if requested by judicial, administrative or other competent authorities, we are entitled to provide them with your registered information, the information you provided to us, transaction records and other necessary information. If you are suspected of having infringed other persons’ intellectual property rights, then we are also entitled to provide your necessary identity data. You understand and agree that we are entitled to use your registered information, user name, password, etc. to log in to your registered account and carry out evidence preservation (including, but not limited to notarisation and witness evidence).
17. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
17.1. You must not make undue use of the Website by intentionally introducing a virus, Trojan horse, worm, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorized access to the Website, the server on which the Website is housed or any server, computer or database related to the Website. You agree not to attack the Website through any means.
17.2. Failure to comply with this clause will result in immediate prohibition to use the Website. We will report to the competent authorities, identify the attacker and you will be held legally liable.
17.3. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using the Website or downloading content from the same or those to which the Website redirects you.
18. THIRD-PARTY LINKS
If the Website contains links to other websites or third-party materials, said links are provided for reference purposes only. We shall not be held liable for any damages deriving from such other websites or third-party materials.
19. WRITTEN COMMUNICATIONS
19.1. Considering that applicable law requires our communication to be in writing, we will contact you by email (to the email address you have provided at the time of making the latest order) or by phone call to the number provided to us through the Website or otherwise.
19.2. You agree to verify the correctness of the data entered (including, but not limited to, your email address) and exempt us from all liability relating to incorrect data entry. Any changes to the data provided by you must be communicated to us by email to the address firstname.lastname@example.org or through the “My Account” section of the Website.
19.3. You hereby expressly agree to communicate with us by email to the address email@example.com and acknowledge the legitimacy and legal effect of our electronic agreement and the notices, emails and messages we send to you by electronic means.
20.1. All notices you send to us shall be delivered preferably via our website. Other than as stipulated in Article 19 above, we may notify you by email or delivery to the addresses you provided during your purchase.
20.2. A notice shall be deemed duly served if the letter was properly addressed, paid and delivered to the carrier, in the case of post; and if an e-mail was sent to the specified e-mail address designated by the addressee in the case of an email.
21. TRANSFER OF RIGHTS AND OBLIGATIONS
21.1. The T&C and the Contract(s) is/are binding to us, you, our successor and transferee and your successor and transferee. However, without our prior consent, you shall not transfer or otherwise dispose of the T&C or any Contract or any of your rights and obligations thereunder.
21.2. We may transfer, assign or otherwise dispose of the T&C, any Contract, or any of our rights or obligations thereunder, at any time. For the avoidance of doubt, any of such transfer, assignment, or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which we may have provided to you, whether express or implied.
22. FORCE MAJEURE
We shall be exempted partly or entirely for our non-performance or late performance of our contractual obligations to the extent that we are impacted, if such non-performance or late performance is caused by objective circumstances that are unforeseeable, unavoidable and insurmountable (“Force Majeure”, including, but not limited to, hacker attacks, computer viruses and acts of government).
23.1. Failure on our part to insist on your strict performance of your contractual obligations, terms and conditions in this T&C, or to exercise our rights or remedies under any Contract, does not constitute a waiver from us of our rights and remedies, or of your obligations.
23.2. Our waiver to your breach shall not be deemed as our waiver to your subsequent breaches. No waiver by us of any clause in the T&C shall become effective unless we expressly state our waiver and inform you as per the above clauses regarding notices.
If any clause in the T&C is determined by any competent authority to be invalid or illegal, this shall not affect the validity of other clauses. The remaining clauses, conditions and provisions shall continue to be valid to the extent permitted by law.
25. ENTIRE AGREEMENT
The T&C and relevant documents mentioned herein constitute the entire agreement between you and us regarding our transaction, and shall supersede any prior oral or written agreement, understanding or arrangement between you and us.
26. RIGHT OF MODIFICATION
We may revise or amend the T&C from time to time. Revisions and amendments will become effective when published. We will not send you any separate notice for such revision or amendment (Customers will be informed of any changes to the T&C through a notice posted on the Website). Unless the law or the competent authorities require to modify the T&C, Privacy and Cookie Statement or other policies (in which case the revised version may apply to your purchase), you will only need to abide by the T&C, Privacy and Cookie Statement and/or other policies published at the time of your purchase.
27. LAW AND JURISDICTION
The T&C, the Privacy and Cookie Statement and all the Contracts concluded through the Website during your purchase shall be regarded as having been concluded in the People’s Republic of China and be governed by the laws of the People’s Republic of China (including, but not limited to, the PRC Law on the Protection of Consumers’ Rights and Interests, the PRC Product Quality Law and the PRC E-Commerce Law). Any dispute arising from or related to the T&C, the Privacy and Cookie Statement or said Contracts shall be subject to the exclusive jurisdiction of the competent tribunal of Movimoda’s domicile.
Should you have any enquiry, suggestion, feedback or complaint, or should you need any explanation regarding the T&C or the Privacy and Cookies Statement, please contact us through the Website or by email to the address firstname.lastname@example.org (for complaints, stating the invoice number, if any, and the problem).
These T&C are published and effective since 21 January 2019.