WEBSITE TERMS AND CONDITIONS

WELCOME TO “TAOBAOTUBE.COM” WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT http://www.TaobaoTube.com BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

1. INTRODUCTION

1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 We may revise these terms and conditions at any time by updating this posting. You should check this page from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. ORDERING FROM US

2.1 we do not sell products; every product’s information you have seen on our site or connected to our site is located on different site, in our situation: Taobao.com site. We do not hold goods or items for you to purchase, we act solely as a service provider, and we provide “buying services” from the Taobao.com site and provide international shipping services to items you have bought via our services. We buy the products of your choice on your behalf with your consent after you have filled a requesting form and sent it to us. As part of our checkout process you will be given the opportunity to check your order by mail and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered and the payment needed for us to buy the product on your behalf.

2.2 Our service consists of two parts and thus 2 different payments:
a) To source the product and buy it on your behalf.
b) To ship the product to you by your chosen carrier.
Once you have paid the “First payment”, you explicitly implied that you agree to complete the entire transaction, which includes the later payment of the “Second payment”. You give us full permission to use your money to buy the items that you have chosen on Taobao.com via our website on your behalf, with the explicit intention to use our international shipping service later on to deliver the goods to you.
The “First payment” is only used to purchase the item(s) that you have requested us to buy on your behalf, as well as our service fee which is openly shown in our website specifically in the “How to buy” page. The “Second payment” is the payment for the international shipping fee for the package to be delivered to you only, it is calculated by the weight and/or the volume weight calculations of the shipping carrier chosen by you including the shipping agent fees which are openly published in our site especially at the “Shipping tools” page, it includes all PayPal charges fee of 4.1% from the total amount of the 2 payments as well.

2.3 Once you have completed the first payment we will order your chosen product from the corresponding shop on Taobao.com, you should be fully aware that although it should take 2-3 days for us to receive goods from Taobao, there could be some delays on receiving your product, it is not depend on us and we are not liable to any delay of receiving the product and will not be responsible for any delay of receiving the product from the Taobao.com corresponded shop.
We will contact you and let you know for any delay that could have happen, if the delay reaches 12 working days, you are entitle to ask for a full refund*.
*excluding the PayPal’s Commission of 4.1%.

2.4 Once we receive your chosen product we let you know of the precise weight, and the charge for the international shipping cost based on the calculation stated in clause 2.2.
You will then have up to 30 days to settle the “Second payment” from the date we requested it.
Failing to pay the “Second payment” within 30 days from the date we requested it will cause your item to be regarded as abandoned, and explicitly implies that you allow us to deal with your package as we see fit, you will lose any rights on the product and cannot request a refund for it.
You can ask to extend the time limit for additional storage fee of 10% of the product’s cost or a minimum fee of 30¥ RMB the highest from the two, We keep the right to decline additional storage services above the original 30 days.

2.5 You should be aware and take full responsibility to consider the total cost of the item(s) and the weight/volume of the item(s) before making any payment.
All calculations of the “Second payment” are openly published in our website, particularly on the “Shipping tools” page. Upon your requests, we can provide examples of calculation methods with estimated weight/volume provided by you.

2.6 We do not provide refunds for any reason whatsoever, except for the following reasons:

a) Your item had been delayed more the 12 working days.
b) The item you requested is not available

2.7 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorization for your payment;
(c) if there has been a pricing or product description error;
(d) if the product violates the local Chinese rules.
(e) if there is the slightest suspicious for a fraud;
(f) if you do not meet any eligibility criteria set out in our terms and conditions.

2.8 Any payment made by you for our services is made through a secured PayPal Gateway using any major credit card.
We do not have a hold nor do not store any credit card information; we store only your registered information written by you when first registered to our site.

2.9 You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name.

3. CANCELLATION AND RETURNS POLICY

3.1 If you wish to cancel your order:
you must notify us before we have bought the goods for you.
If the goods have already been bought on your behalf, no cancelation will be accepted.

3.2 Any product that was damaged upon arrival to our office is returned on your behalf to the shop for change or refund.
Once the product left our office, for any future after sale services we will charge additional 10% of the product’s price or a minimum charge of 30¥ RMB.

4. Delivery

4.1 Delivery shall be made to the delivery address supplied by you at the time of ordering. While we endeavor to deliver within the times specified, any times quoted for delivery are approximate only and we shall not be liable for any delay in delivery of the Products howsoever caused. Risk of damage to or loss of the Products shall pass to you at the time of delivery to the specified delivery address.

5. LICENCE

5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.

5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

5.4 Any rights not expressly granted in these terms are reserved.

6. SERVICE ACCESS

6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. LINKS TO AND FROM OTHER WEBSITES

7.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

7.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate this Website, and subject to the following conditions:
(a) you do not misrepresent your relationship with us nor present any other false information about us;
(b) you do not link from a website that is not owned by you;
(c) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.

8. REGISTRATION

8.1 To register with http://www.TaobaoTube.com you must be over eighteen years of age.

8.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

8.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

8.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

8.5 You agree not to post in our "Forum" any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where “TaobaoTube.com” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP addresses of all posts are recorded to aid in enforcing these conditions. You agree that “TaobaoTube.com” have the right to remove, edit, move or close any topic at any time should we see fit.

9. DISCLAIMER

9.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

9.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

10. LIABILITY

10.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

10.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

10.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

10.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

11. INFORMATION THAT WE COLLECT FROM YOU

11.1 When you visit, register or order products or services on http://TaobaoTube.com you may be asked to provide certain information about yourself including your name and contact details.

11.2 We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us. To maintain customer service standards and to assist staff training, we may record and monitor incoming calls.

11.3 We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

12. USE OF YOUR INFORMATION

12.1 Your information will enable us to provide you with access to all parts of our website and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyze the information we collect so that we can administer, support, improve and develop our business.

12.2 In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the website or our services. Further, where you have consented, we might also use your information to let you know by email about other products and services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please let us know.

13. Privacy

13.1 Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

13.2 we shall not be held responsible for any hacking attempt that may lead to data being compromised.

14. Our use of cookies and other information gathering technologies

14.1 "Cookies" are pieces of information that are stored by your browser on your computer's hard drive. The 'help' portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, and how to disable cookies altogether. However, disabling the cookie will prevent the website from functioning correctly.

15. Copyright Notice

15.1 Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this website.  This Company's logo is a registered trademark of this Company.

16. FORCE MAJEURE

16.1 We shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we shall be entitled to a reasonable extension of its obligations.

17. Waiver
17.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.2 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

18. SEVERANCE

18.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

19. CHANGES TO TERMS AND CONDITIONS

19.1 We shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers' Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change.

These terms and conditions form part of the Agreement between the Client and us. your access to this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.