These use clauses and conditions are suitable for what Maxberry.com provides for you.
Before logging into and using this website, please carefully read these use clauses and conditions and ensure that you totally understand them. Please also note that using the service of this website represents that you can accept these use clauses and conditions. If you cannot accept them, you cannot use the service and should immediately leave our website. We will consider that you can accept these clauses and conditions if you continue to use our website or purchase products on our website.
1. Comprehend these clauses and conditions
Some words and phrases written in these clauses and conditions have their specified meanings (called “Specified Clause”). You can easily recognize these specified clauses because they begin with capital letters (even though they are not at the start of the sentence). When these specified clauses are used, they have their own meaning in the designated part of these clauses and conditions.
Each title we adopt can not only help you comprehend these clauses and conditions but also assist you in easily finding the documents you want.
2. Our service
The service supplied by our website contains: browsing and searching our website, and also purchasing products from the independent designers who cooperate with us. Meanwhile, we will add delivery and customer service as a part of our service. However, if you directly sign the agreement with independent designers (instead of through us), it is designers’ responsibility to ensure whether the deal goes on smoothly (instead of our responsibility)
Availability: only people over age 18 can use the services our website supplies.
3. Range of our responsibility
•If we cannot fulfill these clauses and conditions when we are supplying services, we will take the responsibility of this kind of nonperformance or direct damages and foreseeable consequences caused by negligence. However, any unforeseeable damages are not in the range of our responsibility.Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.
• We do not in any way exclude or limit our liability for:
• (a) death or personal injury caused by our negligence;
• (b) fraud or fraudulent misrepresentation;
• (c) any other liability which cannot be limited by law.
4. About products
We will try our best to ensure the accurate description of our products, however, these documentations come from the independent designers cooperating with us, so we cannot guarantee that descriptions of any products are accurate, complete, reliable or faultless. The pictures attached in our website are just for reference and instruction. Even though we attempt to ensure the precision of product color, we cannot ensure that the colors displayed in your computer can precisely reflect the actual colors of products.
As customers, you have the right to return any product with defaults or inconsistent descriptions. You can get some information about legal rights from local Citizens Advice Bureau or Trading Standard Department. These use clauses and conditions definitely cannot interfere your legal rights.
5. Order, price and payment
1) Any information on how to place an order can be looked up in the “Frequent Questions”of the part of “How to order and pay”from our website. You can check and revise your order before closing an account. You should take the responsibility to ensure the documents you provide are correct. (such as correct products, their quantity, specifications, colors and so on.)
2) If the total amount of products (conform to activities) you purchase is up to or over $100, you can enjoy the privilege of free international delivery.
3) Any information about pattern of payment can be consulted in the “Frequent Questions”of our website.
6. About delivery
Our email of confirming the order will show the estimated delivery date. We will try our best to deliver the product to you before the estimated delivery date, but the delivery may be delayed due to the emergency situations out of our rational control. In these cases, we will try our best to arrange delivery for you as soon as possible, while we will not be responsible for the damages caused by late delivery.
7. The independent designers cooperating with us
8. Usage limit
All the information, data, words, software, musics, sounds, photos, pictures, audios, videos, messages or other documents in our website that you understand and accept are copyright to Maxberry or its lease grantor. In the condition that there is no explicit written approval, any information of Maxberry or its lease grantor will be prohibited before the written approval has been got.Except as otherwise stated herein, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Maxberry , and/or the appropriate licensor. Permission is hereby granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without Maxberry 's express written permission, 'mirror' any material contained on this Site or any other server. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
9. Users’ suggestions, feedback, postcards and other opinion books
All the suggestions, feedback, information, advise, ideas and other documents released, submit and supplied to our website or the responses released, submit or supplied in other ways when you use our website (generally called “comment”) belong to Maxberry. The release, submit and supply of these suggestions will lead to the assignment of all the copyright, the power, ownership and benefit of other intellectual property within the whole world. As a result, Maxberry will solely have the power, ownership and benefit of any comment. In addition, the use of comment cannot be limited in any way no matter for the purpose of business or other.Maxberry is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; (3) to credit or acknowledge any user for User Content; or (34) to respond to any User Content. You agree that User Content submitted by you to the Site will not violate theany rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that User Content submitted by you to the Site will not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in Maxberry ’s sole discretion. You are and shall remain solely responsible for any User Content you submit on the Site. You agree that Maxberry may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Maxberry may use your information for marketing and promotional purposes.
10. Notification to your information by Maxberry
You agree to receive emails and messages sent from Maxberry. The content contains and does not confine to products or services, any clauses about modification or supplement in our website.
11. External link
We are pleased for you to link to our website, but you must adopt the way of justice, legitimacy, not harming or utilizing our reputation. (For example, using link misleads people to make wrong association or misunderstands to get our support on linking website) We have the right to withdraw the link permission at any time and also ask you to delete this link, which you should immediate to do.Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
12. Other important information
Divisibility of contract - the chapters and paragraphs in these clauses and conditions can be separately performed. If the court or relevant institution judges any chapters or paragraphs illegal or unenforceable, the left ones still stands and have the legal force.
If you violate these clauses and conditions, we do not take any measures or delay the measures, which do not represent we decide to abstain; we still reserve the right to execute our rights and remedial measures. If we determine to abstain, we will do it in written form. (also need to sign by one of our manager) However, this abstention does not mean that we will automatically abstain as to the next behaviors of breaking the contract from your side.
Governing law and jurisdiction - These Terms and Conditions are governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.
Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control - We and the Partner Boutiques will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our or the Partner Boutiques' reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If the incident causes we or the independent designers cooperating with us cannot keep our promise:
1) we will advise you as soon as possible; 2) suspend all the activities during this period. If the abstention cause we cannot deliver products to you, we will contact you after the incident, and re-arrange delivery date for you.
Complain - If you have any complain or feedback, please go for our complain procedure and then we will soon solve any objection. The details on how to contact with us can be consulted in “Contact Us”.