Terms & Conditions
By visiting yillyshopping.com you agree that
the laws of Peoples Republic China, without regard to principles of conflict of
laws, will govern these Terms of Use and any dispute of any sort that might
arise between you and yillyshopping. By shopping at yillyshopping.com you agree with
the Terms and Conditions.
Copyright and
Patents Notice
All content included on this site, such as
text, graphics, logos, button icons, images, and audio clips, digital
downloads, data compilations, and software, is the property of yillyshopping.com
or its content suppliers and protected by international and China copyright
laws. The use of any yillyshopping.com trademark or service mark without our
permission is strictly prohibited.
Part I:
Making an agreement to purchase our goods:
1. The market in the goods is such that the
specification, description and price of individual goods can change.
2. The invitation to you to order goods from
us is not an offer by us to sell to you goods of the specification and
description at the price indicated.
3. Your order is an offer to us to buy the
goods of the specification and description at the price indicated.
4. Wherever possible we will accept your
order to buy the goods of the specification and description at the price
indicated by e-mail and in which case there will be a concluded agreement
between you and us.
5. Wherever it is not possible to accept your
order to buy the goods of the specification and description at the price
indicated we will advise you by e-mail and offer to sell you the goods of the
specification and description at the price stated in the e-mail and will state
the period for which the offer or the price remains valid.
6. You may accept our offer by e-mail within
the period stated and in which case there will be a concluded agreement between
us.
2. Delivery of goods
1. The price of the goods does not include
delivery by us to you.
2. The costs of carriage and any insurance
which you direct us to incur shall be reimbursed by you and shall be due on the
date for payment of the price.
3. The goods shall be delivered by us to your
address and the risk in the goods shall pass to you upon such delivery taking
place.
4. You should note that our carrier requires
immediate notice to be given of any loss or damage to goods and you should
inspect the goods upon receipt and report any loss or damage to the carrier
immediately.
Part II:
1. Payment and Price
We shall not be bound to deliver the goods
until you have paid for them. Payment shall be due when the agreement is made
between us. Time for payment shall be of the essence. The price due from you is
the price indicated as exclusive of any kinds of taxes.
2. Delivery
1. We will try to deliver the goods to you
within the time estimated for delivery.
2. If we are unable to do so, we reserve the
right to deliver them within 30 days beginning with the day after the day of
the agreement between us.
3. If we are unable to deliver the goods to
you within 30 days beginning with the day after the day of the agreement:
a: we shall inform you by e-mail ;
b: we shall make a further offer to you by e-mail to sell you the goods of the
specification and description at the price stated in the e-mail and will state
the period for which the offer or the price remains valid;
c: Unless you accept the offer we will reimburse any sum paid by you or on your
behalf under or in relation to the agreement within a period of 30 days
beginning with the day after the day on which the time for delivery expired.
3. Your right of cancellation
1. The rights of cancellation set out below
apply to any agreement between you and us save insofar as the agreement is in
respect of computer software if it is unsealed by you.
2. You may cancel by giving us notice in any
of the following ways:
a: by calling yillyshopping number.
b: by electronic mail to our electronic mail address (provided above) and the
notice shall operate to cancel the agreement between us.
4. Guarantees & After sales service
1. We guarantee that the goods will
correspond with the stated description and specification.
2. We guarantee that the goods will be of
satisfactory quality when delivered by our carrier.
3. The terms of any manufacturer's guarantee
and after sales service will be included within the documents accompanying the
goods.
4. We are willing to provide advice to you in
accordance with the conditions below.
Part III
1. Conditions applicable
1. These conditions shall apply to all
contracts for the sale of goods by us to you to the exclusion of all other
terms and conditions including any terms or conditions which you may purport to
apply under any purchase order confirmation of order or similar document.
2. All orders for goods shall be deemed to be
an offer by you to purchase goods pursuant to these conditions;
a: Acceptance of delivery of the goods shall be deemed conclusive evidence of
your acceptance of these conditions.
b: Any variation to these Conditions (including any special terms and conditions
agreed between you and us) shall be inapplicable unless agreed in writing by
us.
2. Acceptance of the goods
1. You shall be deemed to have accepted the
goods 3 days after delivery to your carrier.
2. After acceptance you shall not be entitled
to reject goods which are not in accordance with the contract.
3. Rejection of the goods
If you properly reject any of the goods
which are not in accordance with the contract you shall nonetheless pay the
full price for such goods unless you return such goods to us at your cost
before the date when payment of the price is due.
4. Return of goods which are in accordance
with the contract
1. No goods delivered to you which are in
accordance with the agreement will be accepted for return by us without our
prior written approval (in accordance with our returns authorisation procedure)
and on terms to be determined at our absolute discretion.
2. If we agree to accept any such goods for
return you shall be liable to pay a re-stocking charge of (15%) of the invoice
price(exclusive of shipping charge). Such goods must be returned by you to us
carriage-paid and in the original packaging.
3. Goods which are in accordance with the
agreement and are returned without our prior written approval may at our
absolute discretion be returned to you or stored at your cost without prejudice
to any other rights or remedies we may have.
5. Variations in description or specification
We may deliver goods of a different
description or specification from that agreed and as may be required to comply
with any applicable safety or statutory requirements or which do not materially
affect the quality or fitness for purpose of the goods.
6. Limitations upon our liability to you
1. Our liability to you for any breach of
contract or negligence (save and except our liability for negligence for death
or personal injury) shall be limited to the price of the goods together with
any expenses incurred by you in notifying us and returning the goods to us.
2. We shall not be liable for any
consequential loss including without limitation any loss caused by interruption
of your business, loss of electronic information or physical damage to property
and whether directly or indirectly caused by any breach of contract or by
negligence by us or by any servant or agent of ours.
3. We recommend that as a matter of good
business practice you maintain insurance and that you maintain a back up system
and that you back up your electronic information.
7. Choice of law and jurisdiction
1. This contract is subject to the law of
China
2. All disputes arising out of this agreement
shall be subject to the exclusive jurisdiction of the courts of China.
.
3. If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.
