Terms & Conditions
Revised on July 1, 2022
Effective since July 31, 2022
ARTICLE 1. PURPOSE
This terms and conditions (hereinafter referred to as the "Agreement") is an executed by and between an online registered member (hereinafter referred to as the "Member")and iZENEhk,Limited(which is registered at F007 1/F THE CAPITAL OF THE RETAIL AREA PARK HOTEL 61-65 CHATHAM ROAD SOUTH TST KL, GSHOPPER INTERNATIONAL PRIVATE LIMITED which is registered at 160 ROBINSON ROAD #25-06 SPORE BUSINESS FEDERATION CTR SINGAPORE(068914) ( hereinafter referred to as the "Company").
If you are from European Union countries, you are contracting with PMDE WUXIJIDINGWANGLUOKEJIYOUXIANGONGSI (incorporated in France with VAT Number FR 73914469234).
The purpose of the Agreement is to define the e-commerce transaction services and other related services (hereinafter referred to as the "Service") provided by www.gshopper.com (hereinafter referred to as "Gshopper"), an online shopping website recorded and operated by the Company, the rights, and the obligations between both parties in the spirits of mutual benefits.
ARTICLE 2 DEFINITION
2.1 "Gshopper" is a website set up and run by the Company under this Agreement to provide the Member with global communication services for the sale of goods & services as an intermediary.
2.2 "User" is an individual, a legal entity or any other organization who gain access to the Gshopper products and services through the website according to the Agreement.
2.3 "Member" is a user who provides the Company with his or her personal information as login in order to obtain product information or purchase products from Gshopper.
ARTICLE 3 PUBLICATION, VALIDITY AND AMENDMENT
3.1 The Company shall, on the initial service page of Gshopper, publicly display the Agreement, along with the company name, office address, cyber security registration number, contact information (phone number, fax, email address, etc.) .
3.2 The Company may make amendments to the Agreement and publish such amendments to members on the related pages on Gshopper seven days prior to its effect, provided such amendments are not in breach of relevant e-commerce law.
ARTICLE 4 TYPES OF SERVICE
The Services provided by the Company is listed as follows:
4.1 Search and browse goods and services;
4.2 Add goods and services into the Wishlist;
4.3 Purchase and comment of goods and services;
4.4 any other services to be developed by Gshopper.
ARTICLE 5 RENDERING AND REFUSAL OF SERVICES
5.1 The Agreement shall come into effect after the User click “I agree with Terms of Use”. The Company will notify the applier of such effectiveness by means of announcement released on related service interface, email or any other ways.
5.2 Members with the intention to use Company’s services must abide the agreement by completing all membership registration entries required by the Company.
5.3 According to “Notice of the General Administration of Customs on the Supervision of Cross-Border E-commerce Retail Import and export Commodities” (No.194 of Year 2018, the General Administration of Custom) (the “Decree”), cross-border e-commerce companies engaging in retail import, and their agents shall review the authenticity of transactions, as well as the identity information of consumers (or purchasers), and shall be held liable therefore. Where such identity information is not certified by the competent national authority or its authorized organization, the purchaser and the payer shall be the same person. Based on the requirements in connection with customs filing for the e-commerce platform and the commodities purchased by individuals, the Member shall complete registration with his or her legal name. Members shall be subject to penalties in the event that the information provided is not his or her true identity, or members use the identity information of others
5.4 The Company may hold or decline a Member's request for services under following circumstances:
5.4.1 fake data or incomplete registration;
5.4.2 violations of relevant laws;
5.4.3 other circumstances that are considered inappropriate or inevitably unacceptable by the Company.
ARTICLE 6 MODIFICATION AND PROTECTION OF PERSONAL INFORMATION
6.1 Members shall not provide false information including outdated information during the registration; in the event of any change, the Member’s personal information should be updated accordingly in timely manner.
6.2 Members shall be liable for any financial loss caused by providing false or outdated information at his/her own risk and the Company shall not be held for liable therefore.
6.3 The company shall not use the Member’s personal information for any other purposes other than the membership and services requested by the Member. Any personal information of the member shall not be disclosed to any third parties without the member’s consent. However, the following circumstances shall be excluded:
6.3.1 The usage and disclosure of the Member’s information are legally allowed according to local laws and regulations;
6.3.2 It is necessary to provide the minimum basic information for the purpose of service delivery;
6.3.3 The third party has already acquired the consent of the Member in accordance with the Company’s protocols and policies.
6.4 The Company shall develop its own Personal Information Protection Regulations and engage a designated person in charge of enforcing such regulations in the public.
6.5 Any matters not covered hereafter shall be subject to items regarding personal information protection is in Privacy Policy.
ARTICLE 7 TERMINATION
7.1 In the event that a Member terminates the Agreement:
7.1.1 Members may give a notice to the Company at any time to terminate the Agreement. However, the Member shall take necessary measures to complete all the transactions before the rendering of such notice to the Company.
7.1.2 Any loss caused by the termination of the Member shall be assumed by the member. The Company shall have the right to withdraw various preferential measures that have been provided upon the termination of the Agreement.
7.2 In the event that the Company terminates the Agreement:
7.2.1 The Company may terminate the Agreement under the following causes or conditions confirmed by the Company:
7.2.1.1 Members infringe the rights, reputation, credit and other legitimate interests of the Company, other Members or any other third parties;
7.2.1.2 Members engage in any conduct, behavior or attempt to interfere with the services provided by the Company;
7.2.1.3 the situation set forth in Article 5.5 occurs;
7.2.1.4 other causes or conditions that would be considered to be reasonable to refused to provide service from the Company’s perspective.
7.2.2 Should the Company terminate the Agreement, the Company shall deliver a notice to the Member through email, telephone or other means, and the Agreement shall be regarded as terminated on the delivery of such a notice.
7.2.3 Even if the Company terminates the Agreement, the Sale Contracts signed and completed prior to the termination of the Agreement shall remain effective.
7.2.4 The Company may withdraw various preferential measures from the Member after termination of the Agreement.
7.2.5 According to the terms and conditions herein, the Company shall have the right to refuse the resubmitted application by the Member.
ARTICLE 8 TERM AND INTERRUPTION OF SERVICE
8.1 The service term of the Agreement shall be valid from the application day (as commencement date) to the date of termination or expiration.
8.2 The Company may temporarily suspend the Services while computers and other communication equipment are under maintenance, inspection, replacement, troubleshooting, and so forth. At this point, such situations and causes will be announced on the initial service page of the website.
8.3 In the event that a natural disaster or similar force majeure occurred, leaving the services unavailable, the Company will have to restrict or temporarily suspend the services of Membership.
ARTICLE 9 EXECUTION OF THE SALE CONTRACT AND PRICE SETTLEMENT
9.1 A sales and purchase contract for goods or services shall be formed when a Member click“Buy Now”and the purchase process is completed.
9.2 Any of the debit card, credit card or the third-party payment method shall be available to settle the transaction sum.
9.3 In light of the price settlement, the Member shall bear the full responsibility and losses arising from the information input by the Buyer.
9.4 The Company shall take measures to enable the Member to confirm the product sales contract, such as product page and return policy (if any), and shall further introduce the details about how to cancel the Contract.
9.5 The actual settlement amount of the Member shall be confirmed by the Company, including the supply price, the basic usage fee, the applicable discount, the freight, the selection details of the additional product, and the purchase certificates issued to the Member in accordance with the actual purchase amount.
9.6 Any expenses out of customs clearance shall be covered by the Member on his/her own.
The Company shall have the right to reject any request for assistance in the cases of separate distribution or false declaration at a low price in order to avoid tariff and VAT. If there is tariff combination due to the product purchased on Gshopper together with those from other platforms and enterprises arrive at the domestic port on the same day, the Company shall be granted exemption from such responsibility entirely.
ARTICLE 10 DISTRIBUTION
10.1 The required period for distribution shall mean the period from the following day right after the completion of the remittance or settlement to the date when the delivery is completed. The Company shall promptly take the necessary measures for delivery as soon as possible upon receipt of the confirmation of the Member's transaction or settlement.
10.2 The occurrence of force majeure may have effect over the time required for distribution.
10.3 The distribution charge hereunder refers to the transportation expenses during the entire distribution period from origin to destination, and will be undertaken by the Company or the Member according to the policy then effective upon of display of products on shelves.
10.3.1 For the Company: "free delivery" on the product page means the distribution expenses are borne by the Company;
10.3.2 For the Member: "paid delivery" on the product page means the expenses are borne by members, and such fee could be settled jointly on the payment page.
10.4 The Company shall not be held liable for any delay caused by customs clearance.
ARTICLE 11 CANCELLATION
11.1 Members may cancel any purchase order whose purchase process has been completed or that ready to be delivered in the preparation stage. For the product being in process of delivery, Members may check whether the order can be canceled through the customer service center. All the expenses from import to delivery arising out of the cancellation such as freight, taxes, tariffs, air transport fee and warehousing fees, shall be undertaken by the Member from import to delivery.
11.2 Members shall not be charged if the order is cancelled before the process of delivery.
11.3 Where a member submits an application to cancel any order under delivery as a result of his/her own cause, such application shall not be approved. However, the Member has the right to apply for return and refund after delivery in the event that certain conditions are met. For any rights in connection with return, see Return Policy.
ARTICLE12 PROHIBITION
12.1 Cheating in system
12.1.1 It is prohibited to improperly use or access to the system under the Agreement other than the designated manner.
12.1.2 Upon confirmation of the cheating, the Company shall be entitled to take back the preferential offers in whole or in part, restrict the use of specific services, and terminate the Agreement. For the loss or damage caused thereof, the Company shall have the right to claim compensation for loss from the Member.
12.2 Cheating in payment
12.2.1 It is prohibited to steal others' bank card information, account information, etc. to be used for the purchase services provided by the Company.
12.2.2 It is prohibited to tamper data in the system and forge a default completion of purchase process without actual payment.
12.3 Any fake purchase, without actual intention and actual distribution, shall be prohibited. If such situation is identified, the Company shall have the right to cancel the transaction and impose sanction depending on how serious it is.
12.4 Others
Other acts prohibited include:
12.4.1 systematically or automatically collect data on this website or any website related to this website (including but not limited to crawling, data mining, data extraction and data collection)
12.4.2 tamper the information of Gshopper without authorization;
12.4.3 access and/or avoid the membership under the Agreement in a dishonest or improper way;
12.4.4 use spike software, second killer and/or any other improper technical approaches to place orders, make false transactions, provide false transaction information, etc. in a way of violating the operating and trading rules;
12.4.5 use the Gshopper in any way that causes or may cause damage to the usability or accessibility of the website.
12.4.6 use the website to copy, store, transmit or distribute any (or connected to) any spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits or Information from other malicious computer software;
12.4.7 issue, release and/or send commercials on the Gshopper without the express written consent of the Company;
12.4.8 use the Gshopper for any marketing activities without the express written consent of the Company;
12.4.9 use the Gshopper for any marketing purpose without the express written consent of the Company
12.5 Liability. If a Member’s actions cause the company and its affiliates to suffer losses (including its own direct economic loss, loss of goodwill, and indirect economic losses such as compensation, settlement fees, attorney fees, and litigation fees), the member shall compensate the company/and all the losses of its affiliates aforesaid.
ARTICLE 13 GENERAL AND GOVERNING LAW
13.1 If any other matters related to the Agreement are not stipulated hereunder, they shall be processed in accordance with "E-Commerce Law of the People's Republic of China","Guiding Opinions of the General Office of the State Council on Promoting the Well-regulated and Sound Development of the Platform Economy" and any other relevant laws and regulations of electronic transactions as well as the general commercial practice.
13.2 The Company may stipulate the application provisions towards to specific services when required, (hereinafter referred to as the "Individual Agreement"), and publish them through Gshopper.
13.3 If any modification in the above-mentioned individual agreement, the Company shall announce such update 7 (seven) days in advance prior to the effective date.
13.4 All disputes arising from the performance of the Agreement between the Company and Member shall be resolved by the laws of Hong Kong, P.R.C. If such disputes fail to be resolved through friendly consultations, the Company and the Member shall agree to submit such dispute to Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. Venue of arbitration shall be Hong Kong. The number of arbitrators shall be three (3). The arbitration proceedings shall be conducted in Chinese.
ARTICLE 14 COMMENTS AND COPYRIGHTS
14.1 Any comments posted by any Member shall not contain any illegal, pornographic, threatening, defamation, infringement of personal information, infringement of intellectual property rights, or losses caused by the third party, virus software, political activities, business links and the other reasons.
14.2 The comments confirmed by any Member are shall be formally authorized to be used, copied, modified, published, translated and re-published in any one media worldwide by the Company. The exhibited and non-monopoly copyright obtained by the company hereof, shall be permanent, definite, and complete re-licensing without any cost; the Member shall agree that the Company and the grantees are entitled to use the relevant names of the selected comments.
14.3 Members’ comments shall not violate the Agreement and cause any damage or infringement to any third party.
ARTICLE 15 EXEMPTION
15.1 The restriction or interruption of service in accordance with the item 3 of the Article 8 shall be counted as force majeure, and the Company shall be exempted from such liability.
15.3 The Company shall not liable for the service failure caused by members.
15.4 The Company shall not assume any responsibility for the loss caused by the Members’ disclosure of the personal information or providing it to others.
ARTICLE 16 MISCELLANEOUS
16.1 All or part of amendment of specific services shall be published in advance on the Gshopper by the Company.
16.2 Members shall not transfer the rights and obligations of the Agreement to any other party, in whole or in part, without the explicit consent of the Company.
SUPPLEMENTARY ARTICLES
The Agreement has been implemented since July 31,2022，thirty days after the announcement.
COMPANY INFORMATION
Name: PMDE WUXIJIDINGWANGLUOKEJIYOUXIANGONGSI
VAT number: FR 73914469234
UK Company
Company name：GF TECHNOLOGY PRIVATE
LIMITED Company No.14326955
Address：CHASE BUSINESS CENTRE 39-41 CHASE SIDE LONDON UNITED KINGDOM N14 5BP
Email：support@gshopper.com
Tel： +4407468 466856