Terms & Conditions
TERMS OF SERVICE
This website is operated by ShopKlix LTD. Throughout the site, the terms “we”, “us” and “our” refer to ShopKlix LTD. ShopKlix LTD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMSBy agreeing to these Terms of Service, 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.
SECTION 2 - GENERAL CONDITIONSWe reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATIONWe are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICESPrices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATIONWe 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 judgement, 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 Returns Policy.
SECTION 7 - OPTIONAL TOOLSWe may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKSCertain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practises and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONSIf, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - TAXESYou understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors for any items that you buy on this webstore. The sales location for the products is always Guangzhou, China. Our suppliers will ship the products to you directly for free of charge.
This webstore cannot and does not offer Tax-related advice to any User of the Site, Application and Services. Additionally, please note that each User is responsible for determining local sales Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in purchases.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONSOccasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USESIn addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYWe do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ShopKlix LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATIONYou agree to indemnify, defend and hold harmless ShopKlix LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITYIn the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATIONThe obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENTThe failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAWThese Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Cyprus.
FOR RETURNS PLEASE FIND ADDRESS HERE
SECTION 20 - CHANGES TO TERMS OF SERVICEYou can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Company Information:ShopKlix LTD
Above company is responsible for the transaction, including delivery of the goods.
Our Email: [email protected]
FOR RETURNS PLEASE FIND ADDRESS HERE
Questions about the Terms of Service should be sent to us at: [email protected]
SECTION 22 - COPYRIGHT NOTICEThis website and its content is copyright of ShopKlix LTD - All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
You may print or download to a local hard disk extract for your personal and non-commercial use only.
You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or another form of electronic retrieval system.
SECTION 23 - MERCHANT'S RESPONSIBILITYShopKlix LTD is responsible for the transaction, including delivery of the goods.
The Commercial Warranty
This type of guarantee is not obligatory. In fact, it is given to the consumer voluntarily by the seller when buying certain goods, for example cars or electronic goods. This, however, does not replace the legal warranty. On the contrary, the commercial guarantee should provide the consumer with additional benefits.
A commercial guarantee should be written clearly, in plain language, in either Maltese or English and should include the following details:
- The name and address of the guarantor
- The length of the commercial guarantee and when it starts
- Description of the goods and services that are covered by the warranty
- Contents, including territorial scope if limited
- Instructions on how the consumer should claim remedy under this guarantee and an address where claims can be sent
- The remedies offered to the consumer under the guarantee if there is a defect
- Declaration of whether the consumer can transfer the guarantee to others – if not specified, subsequent owners will have the right to avail themselves of the guarantee.
Distance and off-Premises Contracts
A distance contract is a contract concluded between a trader and a consumer with the exclusive use of one or more means of distance communication, such as by mail order, telephone or internet
An off-premises contract is a contract concluded with the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader. For example: in the street or at the consumer’s house.
When concluding such contracts traders cannot request any payment from consumers before the delivery of the goods. If the goods are delivered in parts, the trader can only ask for the payment that represents the price of the part delivered.
If the trader requires the payment of a deposit, this deposit must not exceed 10% of the price of the goods ordered and shall not be requested from the consumer before the cooling-off period expires, that is, 14 days from the date of the off-premises contract.
The right to information
For both distance and off-premises contracts, before concluding the sales transaction, consumers should be given the following information in at least one of the official languages of Cyprus:
- A clear description of the main characteristics of the goods or services offered for sale,
- The identity of the trader (such as trading name, address and contact number),
- The total price of the goods and services, including taxes and additional charges (e.g. delivery charges),
- The cost of using the means of distance communication if the charge is more than the basic rate,
- The method of payment and by when the goods will be delivered or in case of services when these will be performed,
- The duration of the contract, if the contract is of indefinite duration the conditions for terminating the contract,
- The right of withdrawal if it is applicable to the sale being concluded,
- A reminder of the existence of a legal guarantee of conformity for goods,
- Where applicable, the existence and the conditions of after sales customer assistance, after sales service and commercial guarantees.
Before concluding such contracts, consumers should also be informed about their right of withdrawal, which amounts to 14-days.
When exercising their cancellation rights, consumers do not have to give any reason and must not incur any costs, except the cost of returning the unwanted goods back to the seller.
In both distance and off-premises contracts, the cancellation period starts from the day consumers acquire physical possession of the goods. In the case of services, the withdrawal period expires after 14 days from the conclusion of the sales contract. If consumers are not informed about the withdrawal period, the right to cancel the sale will be extended to 12 months or will start when consumers are informed about it.
When the right of withdrawal does not apply, consumers must be informed accordingly.
When deciding to cancel a sale during the 14 days cooling off period consumers will need to either fill in the withdrawal form provided by the seller at the time of purchase or write to the seller about their intentions to cancel the sale. It is the consumers’ responsibility to have proof of having cancelled the sale within the stipulated time-limit.
Exceptions to the right of withdrawal:
- When the service has begun with the consumers’ consent and with the knowledge that they are forfeiting the right of withdrawal
- Supply of goods and services, which price depends on fluctuations in the financial market,
- The supply of goods which are liable to deteriorate or expire rapidly,
- The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery,
- The supply of newspapers, periodicals and magazines except for subscription contracts for the supply of such periodicals,
- Sales contract concluded at a public auction,
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumers’ prior express consent and their acknowledgement that they thereby lose their right of withdrawal.
If the product purchased through a distance means of communication or off-premises turns out to be faulty, or not as described before the sale was concluded, consumers have the same legal rights as when they buy goods personally from a shop. Hence, consumers would be entitled to claim a legal remedy, which may be either repair or replacement, or else part or full refund. The time limit to claim these remedies is two years from purchase.
"In case of discrepancies, the original English version prevails"
The legal guarantee
The law provides that goods purchased by consumers must be as described by the trader, fit for the purpose and have the qualities and performance which are normally found in goods of the same type. If this is not the case, consumers can ask for a free of charge remedy from the trader. The time-limit for the free remedy is two years from the date the product purchased came into the consumer’s possession.
The remedies provided in the legal guarantee are:
- Part or full refund
The period of the guarantee will be suspended until the product is repaired and given back to the consumer. The suspended time shall then be added with the guarantee.
When a product is replaced, the two year legal guarantee does not start over again with the replaced product, but will contine from the original date of purchase.
- Part or full refund
One is not entitled to request a full refund when the lack of conformity is only minor or insignificant or when the product has been used for quite some time.