Billing Terms & Conditions
Billing Terms & Conditions
Xiamen Yoeleo Sporting Goods Co., Ltd. ("Yoeleo", Yoeleous"we", "us") website and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our website. We recommend you read these Billing Terms and Conditions carefully before placing an order. By using our website, you signify your agreement to be bound by these terms and conditions.
1. Introduction
1.1 These terms & conditions set out the terms between you the customer and us the website owner.
1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
1.3 You should not use this website if you do not accept these terms & conditions in full.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.4 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
3. Privacy
We take your privacy seriously. For further details please see our Privacy Policy.
4. Product Pricing, Title, and Color
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any overpayment made by you (as applicable). The processing of an order can be canceled or corrected by us at any time up to the shipment of that order and any related items.
4.2 We reserve the right to alter all product pricing without notice.
4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, that payment has been made into our own bank account and your order has been shipped.
4.4 We strive to display as accurately as possible the colors of our products that appear on the website. However the actual color will depend on your monitor, we cannot guarantee that your monitor's display of any colors will be accurate.
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
5.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third-party card or account.
6. Shipping and Customs Duty
6.1 All orders received by us are shipped subject to availability.
6.2 We reserve the right to ship products at a later date (up to 45 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation, you will be contacted and offered a full refund instead of delivery of the product.
6.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or actions outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfillment company or a full refund.
7. Cancellation Rights, Returns & Refunds
7.1 You have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 7 working days of the day after you receive your goods.
7.2 As stated above notification of cancellation must be in writing. As we do not record our calls, a telephone conversation is not a valid cancellation.
7.3 No right of cancellation, refund, or return exists under the conditions once you have removed the product from its original package or serial number unless the product is defective and you are returning it for this reason.
7.4 Goods that are sealed can only be returned if they are defective once this has been removed.
7.5 No right of cancellation exists for personalized goods, goods that are intimate in their nature, or goods where there may be hygiene issues, unless defective.
7.6 Please observe the following procedure for all returns:
-Contact us in writing within 7 days stating your reason for return, your order number, and contact details. If you are returning your product because it is defective, please state the defect or defects.
-One of our representatives will contact you within 48 hours to advise you of the procedure to return the goods. Please do not send any goods back until you have been contacted by us as we will not refund any postage expenses unless they have been previously agreed in writing.
- Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees, or warranties that came with the product. We will be unable to issue a refund when the product is in an incomplete state.
7.7 If the product has been opened, or used, or if the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
7.8 We recommend that all returns be sent by registered post so that a record of the return is available for you.
7.9 We will not issue refunds for any items lost or stolen in transit to us.
7.10 Where a return is lost or stolen in transit to us, you should claim compensation from the team that shipped the item.
7.11 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product and receipt of the goods.
8. Faulty Products
Where you experience a fault with a product it can be returned to us subject to our returns policy above.
9. Events Outside Our Control
We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
10. Accuracy of Billing & Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Return Policy.
11. Copyright
11.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright unless expressly acknowledged as otherwise.
11.2 The data mining, extraction, or utilization of product information from our website is not permitted without our express prior written permission.
12. User-Generated Content
12.1 Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.
12.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.
12.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.
12.4 Such content shall not infringe the intellectual property rights of any other party. Furthermore, the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.
12.5 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.
12.6 However, we shall not assume any responsibility for auditing or monitoring any user-generated content.
12.7 Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.
12.8 The Site includes the Yeoleous, Inc page located at www.yeoleous.com, which extracts content from our users and customers who share photos and videos on Instagram using YOELEO's brand hashtags, including #yoeleo #yoeleowheels, etc or tagging the Yeoleo Instagram account @yoeleo (all such hashtagged or @- labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in YOELEO's email, on our Site or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your Account or your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.
13. Limitations and Exclusions of Liability
13.1 Where content and information is provided on the website without charge we exclude all liability for such content and information.
13.2 All business losses (including, but not limited to) loss of profits, income, damage to goodwill, loss of other commercial contracts, and other commercial opportunities are all excluded. 13.3 All indirect, consequential, or special losses or damage are excluded.
13.4 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
13.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
13.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.
13.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
13.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
14. Indemnity
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
15. Variation
We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
16. Assignment
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
17. Severability
The foregoing paragraphs, sub-paragraphs, and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
18. Waiver
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
19. Third Parties
These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
20. Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and us.
21. Your Statutory Rights
When acting as a consumer your statutory rights are unaffected.
22. About Our Website
By agreeing to these terms & conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Questions about the Terms & Conditions should be sent to us at [email protected].
Applicable Legislation: The use of our website and the product purchase contracts through said website shall be governed by the law of China.