User Agreement on services of EN.AsiaOptom.com
ECWT OÜ, represented by General Director Rushan Giniyatov, acting according to the Charter, hereinafter referred to as "Agent" and physical or legal person, registering on the site EN.AsiaOptom.com, hereinafter referred to as "Customer" conclude the following agreement:
This User Agreement ("Agreement") consists of the terms and the conditions of use of the official site EN.AsiaOptom (domain name: en.asiaoptom.com). The agreement regulates relations between the Agent and the Customer on services of the site EN.AsiaOptom. Using the trading platform is possible only if the Customer agrees to the terms of the Agreement and accedes to it according to this Agreement. The Customer confirms that he is legally capable, competent and entitled to conclude this Agreement. In the case of the infringements of this Agreement by the Customer, the Agent is entitled to refuse him further using of the trading platform without giving any reason.
1. Terms and Definitions
Agent — is a company ECWT OÜ (registration number 16263693) that on behalf of the Customer and for a fee undertakes to organize the purchase of products in the territory of China and the autonomous territory of Hong Kong on the site EN.AsiaOptom, as well as the delivery of products and the customs clearance in company's own name but at the expense of the Customer.
Customer — is a physical or a legal person interested in providing services by the Agent.
Seller — is a legal person who trades the products in the territory of China and the autonomous territory of Hong Kong.
AsiaOptom — is a trading platform hosted on a dedicated computer (server) at the electronic address en.asiaoptom.com. On this site there are the products of Chinese or Hong Kong manufacturers and suppliers, as well as the terms of payment and delivery of the Orders.
Products — are products that are made in China or in Hong Kong, are not withdrawn from civil circulation, are sold by the Seller in the territory of China or Hong Kong and presented on the site EN.AsiaOptom.
Request — is the deliberate desire of the Customer to buy the Product, expressed by adding the required Product in the shopping cart on the site EN.AsiaOptom indicating its quantity and quality.
Order — is a request that was correctly made up and paid.
Personal Area — is a personal and not available to third parties section of the site EN.AsiaOptom which can be accessed by the Customer through entering personal data (login and password) which contains information about the orders and the requests of the Customer, their execution, the balance of the personal account and also provides the functionality of remote cooperation between the Agent and the Customer during the execution of the Agreement.
Personal Account — is a personal account of the Customer reflecting all the monetary relations between the Agent and the Customer.
Promotion — is a set of actions of the Agent aimed at the stimulation of consumer demand for his services. The promotion is not a game, a lottery or any other risk-based activity.
B2B — is the activity of the company focused on benefiting from service provision to other companies where the object is the service and the subjects are the organisations working in the market activity.
B2C — is the activity of the company focused on direct sales on the services to the private consumer.
2. General Provisions
2.1. ECWT OÜ provides the agency services of organisation of purchase and delivery of Products, including customs clearance, in the interests and at the expense of the Customer under the terms of this Agreement.
2.2. This Agreement and the information about the Product presented on the trading platform are the public offer.
2.3. The provision of services by the Agent is carried out for the commission, not included in the price and the delivery of the Product.
2.4. The Agent reserved the right to amend this Agreement therefore the Customer is regularly obliged to monitor changes in the Agreement.
2.5. The Customer agrees to the terms of this Agreement when he confirms his agreement by putting a mark in the registration form and clicking "Register".
2.6. More information about the process of service provision of the site EN.AsiaOptom and Customer's service usage is published on the main page of the trading platform.
3. Subject of the Agreement
3.1. The subject of this Agreement is the maintenance of the orders by Agent with a view of purchase and delivery of Seller's Products to the Customer or the assigned recipient. The purchase, made through the site EN.AsiaOptom facilities, is a remote purchase of a Product directly in China or Hong Kong.
3.2. The Agent is obliged on behalf of and for a fee from the Customer to make one or several purchases in his own name and at the expense of the Customer.
3.3. The Agent services include:
a) information support of the Order from the stage of placement to the receipt of the Products by the Customer;
b) interaction with the Seller in the interests of the Customer to provide him full information on the specifications of the Product contained in the Order;
c) purchase of the Products and the delivery to the warehouse in China for further processing;
d) warehousing operations: receiving, sorting, checking for compliance with the Order;
e) organisation of delivery and customs clearance of the Products for the Customer/recipient of the Order;
f) representation of the Customer's interests in resolving disputes with the Sellers, the transport companies and other third parties with whom relations are not regulated by this Agreement.
4. EN.AsiaOptom Registration and Account Creation Procedure
4.1. To make an order, the Customer needs to register on the site EN.AsiaOptom. The Customer should indicate the following information: name, contact number and e-mail. The Site Registration is considered completed only after successful passage of all its stages. On the basis of the Site Registration, a Customer account, a Personal account and a Personal area are created. Then the Customer can change the information indicated during the Site Registration in his profile settings. If during 365 days from the the date of registration the Customer has not made an Order, the registration data is deleted from the site EN.AsiaOptom.
4.2. The site EN.AsiaOptom is not responsible for the correctness and precision of the information presented by the Customer during the Site Registration.
4.3. The Customer is obliged not to disclose to third parties his login and password indicated during the Site Registration. In the case of the Customer's suspicions about safety of his login and password or the possibility of the illegal use by third parties, the Customer is immediately obliged to notify the technical support Department of the site EN.AsiaOptom.
5. Making an Order
5.1. The Order can be made by the Customer independently on the site EN.AsiaOptom, and with the help of the specialist in the Personal area. The Customer chooses a Product on the site EN.AsiaOptom and adds it to a Shopping Cart. The information about the Orders is available in the Personal area. The unauthorized users after clicking "Make an Order" will be required to register and the authorized - to sign in.
5.2. It is necessary to fill the field "The complete postal address for the delivery" while Ordering.
5.3. The order can be canceled, changed or supplemented by the Customer in whole or in part at any time until the moment of payment. After the payment of the Order only the specialists of AsiaOptom can change the Order (add, replace and modify the features of the Products), moreover the terms of the Products delivery are recalculated from the date of the last addition of the Products to the Order.
5.4. The Agent does not guarantee the opportunity to purchase the Products from a given range of the site EN.AsiaOptom. In the absence of the ordered Products on the warehouse of the Seller or if the Seller does not comply with the stated time of delivery, therefore the processing time of the Order is increased, the company has the right to withdraw the Product from the Order. But the specialists of the company are obliged to notify about it the Customer by sending electronic message to the address indicated during the site registration or directly in the Personal area of the Customer.
5.5. The site EN.AsiaOptom is not responsible for the accuracy of the information about the size, color, quality and other specifications presented by the Seller in the Product description.
5.6. All the information material presented on the site are for reference and can not fully convey reliable information about the features and the specifications of the Product, including color, size, shape and other parameters. In order to obtain more information about the Product, the Customer can leave comments in the flypage or when you add a Product to the "shopping cart".
6.1. The choice of the transport company for delivery of Products to the Customer depends on the Agent's discretion or is based on the Customer's proposal.
6.2. The delivery time indicated on the site is for reference and leaves out the unexpected circumstances on the part of transport companies and other third parties.
6.3. The site EN.AsiaOptom is not responsible for the delivery time and\or non-receipt of the Products by the Customer if the Customer provides the wrong delivery address and wrong Name of the recipient.
6.4. The types of delivery of the Products are listed on the site in "Payment and Delivery".
6.5. The Products are delivered to the Customer or to the person named as the recipient of the Products.
7. Payment of Order
7.1. The Product price presented on the site is approximate and should be clarified from the Seller of the Product.
7.2. The Customer needs to have the necessary amount of funds in his Personal account to pay for the Order. The ways of replenishment of the Personal account are listed on the site in "Payment and Delivery".
7.3. The payment of the Order is carried out on the basis of 100% advance funds by two payments. The Customer makes the first payment after ordering in 100% prepayment of the cost of Products and delivery in the territory of China. The second payment for the Products delivery to the Customer is made after the delivery of the Order to the consolidation warehouse in China and its weighing. These payments will be debited by the Agent from the Personal account at the time of actual cost-sharing by the Agent to this Order.
7.4. The alternative method of payment in the form of a Deposit, which is paid to the Personal account in the amount equal to the amount of the Order at the time of its making, is offered to the Customer to reduce the Order processing time up to 3 days.
7.5. If the actual price of a Product will be different from the price declared by the Seller at the time of making an Order, the employees of AsiaOptom will inform the Customer to confirm, to replace or to delete this Product from the Order.
7.6. The bank commission for transfer is paid by the Customer from his Personal account while the replenishment and the withdrawal of funds.
7.7. If within 7 days the Customer does not provide sufficient funds to pay for the Order in the Personal Account, the Order is considered cancelled and is deleted from your Personal account.
7.8. The order is accepted for processing only after the funds are credited to the Customer's Personal account in the required amount. At the same time, the Customer can not reserve a Product and the Agent can not guarantee the availability of a Product in the warehouse of the Seller at the time of Ordering.
7.9. The administration of the site EN.AsiaOptom has the right to provide the Customer with a discount program. The discount and terms are set by the Agent individually at the stage of ordering according to the Order amount.
8. Execution of the Order
8.1. After the funds will be received on Personal account for the first payment for the Products, the Agent begins the execution of the Order that includes purchase of Products from the Seller, delivery to the warehouse of the Agent in China, completeness checking, consolidation of Products in consolidated cargo, packing, weighing and sending of Products through delivery service offered by the Agent of the site EN.AsiaOptom. If size or weight of the Products exceed postal service limits and the quantity or the features of Products do not allow them to send in one parcel, the Products are distributed by the Agent to several parcels, as the Agent informs the Customer in the chat of the Personal area.
8.2. If size or weight of the Products exceed available limits and the Product is indivisible, the Agent has the right to refuse the Customer to delivery Products.
8.3. The purchase of Products from the Seller is made within 5 working days from the date of payment of the Order.
8.4. The information about the stages of Order execution and the actions of the Customer, necessary for the for the continuation of the service provision is provided by the employees of EN.AsiaOptom through the Personal Area.
8.5. The delivery time of Products from the Seller to the warehouse of the Agent in China depends on working conditions of the Seller. The average delivery time is from 5 to 14 working days from the date of purchase of the Products from the Seller.
8.6. If the delivery time of the Products exceeds 14 working days, the Agent notifies the Customer about the delay in delivery of the Products and purchases the Products with a longer delivery time after confirmation by the Customer in the Personal area.
8.7. If the Customer changes the list of Products or the terms of delivery, the time of service provision is increased, therefore the Agent informs the Customer about it through the Personal Area.
8.8. The agent is obliged to check the conformity of the Products delivered by the Seller to the specifications (name\product number, quantity, size, color, availability on the Products of used\not used evidences, etc.) according to the accompanying information for Products or to the instructions of the Customer, taking into account the possibility of color violation in the Product image on the site. The agent is also obliged to provide real photos of Products in Personal area from consolidation warehouse in China. In the case of the arrival of Products on consolidation warehouse that does not conform to the Order or the Customer views about the Product, the Customer has the right to return the Products to the Seller. The cost of the Products not arrived to the consolidation warehouse for any reason, as well as the Products returned to Seller, is refunded by the Agent to the Personal account of the Customer and can be used to pay for the second or the future Orders.
8.9. The services are considered completely rendered by the Agent from the date of receipt and completeness check of the Products by the Customer.
8.10. The agent is not responsible for the actions of post office, courier services and transport companies and can not affect the delivery time.
8.11. The necessary condition for delivery of the Products is insurance. The insurance costs are paid by the transport company and are included in the delivery cost.
9. Rights and Duties of the Agent
9.1. The Agent is obliged to:
9.1.1. Provide the Customer with agency services, as well as to meet the Customer's requirements related to the performance of these services, if these requirements do not contradict this Agreement.
9.1.2. Maintain the confidentiality of data provided by the Customer and not to disclose it to third parties unless it is not required to implement the terms of this Agreement according to the Privacy Statement available on the site EN.AsiaOptom.
9.1.3. Provide the Customer with information about the implementation of assignments specified in this Agreement.
9.1.4. Pay for the products according to the Order, in your own name, but at the Customer's expense if this Seller delivers the Products to the Agent's warehouse in China.
9.1.5. Pay damages of the Customer according to his statement only if the claimed losses the result of mistakes made by employees of the site EN.AsiaOptom. Thus the amount of compensation can not exceed the fee of the Agent.
9.1.6. Accept the Products from the delivery service of the Seller to the warehouse in China.
9.2. The agent has the right to:
9.2.1. Change the type of delivery of the Products if the Customer's package can not be sent by the type of delivery specified by the Customer because of the weight or size.
9.2.2. Suspend the provision of agency services in the case of lack of required for the provision of services information or doubts in its reliability.
9.2.3. Change the rates and terms of services unilaterally notifying the Customer by posting the changes on the site EN.AsiaOptom.
10. Rights and Duties of the Customer
10.1. The Customer is obliged to:
10.1.1. On time and in full provide the reliable information required for the provision of services by the Agent.
10.1.2. On time and in full replenish the Personal account in the amount sufficient to pay for the ordered Products and delivery services.
10.1.3. Keep all documents confirming the payments to the Agent until the funds are credited to the Personal account of the Customer on the site EN.AsiaOptom.
10.1.4. Track the information and messages about the status of your Orders in the Personal Area and timely respond to requests of employees of the site EN.AsiaOptom, including, if a response is required to continue the provision of Agent services.
10.1.5. Review the Customs Union Commission decision №338 "On peculiarities of sending of products in international mail" from 17.08.2010.
10.2. The Customer has the right to:
10.2.1. Choose independently the Product on the site EN.AsiaOptom.
10.2.2. Choose independently the payment method of the Order of the methods indicated on the site EN.AsiaOptom.
11. Return and Guarantee Repair of the Product
11.1. The Customer is entitled to make claims to the Seller through the Agent that are provided by the law "On Protection of Consumers' Rights".
11.2. In the case of return of the Products the Agent is obliged to represent the interests of the Customer before the Seller.
11.3. The expenses for payment for delivery services in the case of return of Products shall be paid at the expense of the Customer.
11.4. The agent returns to the Customer the cost of the Products only after receipt of the Products by the Seller in China or Hong Kong not later than 7 calendar days from the date of receipt of the Products by the Seller. The expenses for the Agent's fee to the Customer in such a case are not refunded.
11.5. The method of refund to the Customer is determined individually at the discretion of the Agent.
12. Intellectual Property
12.1. All text information and graphic images contained on the site EN.AsiaOptom are the the property of the Agent.
13. Guarantees and Responsibility
13.1. The agent is not responsible for damage caused to the Customer due to improper use of the Products ordered on the site EN.AsiaOptom.
13.2. The Agent is not responsible for the absence of any technical and permission documentation in the time of delivery of the Products by the Seller.
13.3. The Agent has the right to concede or in any other way transfer his rights and obligations, arising from his relationship with the Customer, to third parties without prior notice to the Customer.
13.4. The Customer is obliged not to use the ordered Products for unlawful purposes. The Customer is entirely responsible for the purchase and using of Products.
14. Confidentiality and Protection of Personal Data
14.1. Provision of data by the Customer:
14.1.1. The Customer agrees to the processing of his personal data by the Agent, by providing it in the moment of registration on the site EN.AsiaOptom, including for promotion of Products and services by the Agent.
14.1.2. If the Customer does not wish his personal data to be processed, he should contact the Agent with the relevant statement. In that case, all information received from the Customer (including login and password) is removed from the customer base of the site EN.AsiaOptom and the Customer will not be able to make Orders on the site.
14.2. Using of the information provided by the Customer and received by the Agent:
14.2.1 The Agent uses information for:
- registration of the Customer on the site EN.AsiaOptom;
- implementation of obligations to the Customer;
- evaluation and analysis of work of the site EN.AsiaOptom.
14.2.2. The Agent is entitled to send the promotional messages to the Customer.
14.3. Disclosure of information received by the Agent:
14.3.1. The Agent is obliged not to disclose the information received from the Customer. The provision of information by the Agent to the Seller and third parties, acting on the basis of the agreement with the Agent, for the compliance with the obligations to the Customer shall not be considered a breach.
14.3.2. The disclosure of information in accordance with the reasonable and applicable requirements of the legislation of the Russian Federation shall not be considered a breach.
14.4. The agent receives information about the ip-address of the visitor of the site EN.AsiaOptom. This information is not used to identify the Customer and visitors of the site.
14.5. The additional information concerning the confidentiality of personal data of the Customer is specified in the Privacy Statement presented on the site EN.AsiaOptom.
15. Force Majeure Circumstances
15.1. The parties shall not be held liable for partial or complete non-compliance with the obligations according to this agreement if it is due to the force majeure circumstances arising after the date of this Agreement as a result of extraordinary events that the participant could neither foresee nor prevent by reasonable measures (force majeure). Such extraordinary events are: flood, fire, earthquake, explosion, storm, epidemic and other natural phenomena as well as war or military actions, actions of governmental authorities, etc.
16. Other Conditions
16.1. The relationship between the Customer and the Agent apply to the legislation of the Estonia.
16.2. In the case of questions and claims from the Customer he should contact the Agent through the feedback form on the site EN.AsiaOptom. All the disputes will be resolved by the parties through negotiations, if the agreement is not reached, the dispute will be referred to the judicial authority according to the current legislation of the Russian Federation.
16.3. The court's recognition of the invalidity of any provision of this Agreement would not entail the invalidity of the remaining provisions.
16.4. Address and Requisites of the Agent
Company name ECWT OU
Registered Address Estonia, Tallinn, Kesklinna linnaosa, Vesivarava tn 50-201, 10152