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TERMS & CONDITIONS
THIS AGREEMENT AND YOUR USE OF OUR SERVICES IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
Last Updated: November 23, 2020
1. GENERAL
1. Welcome to LIVOLO.com. This Terms & Conditions (“Agreement” or “Terms”) is a contract between you and LIVOLO INTERNATIONAL ELECTRIC LIMITED (collectively, “LIVOLO,” “we”, “us” or “our”), governing your use of our website at LIVOLO.com (the “Site”), any mobile applications (“Apps”) that hyperlink to this Agreement, or any other websites, pages, features, or content owned and operated by us that hyperlink to this Agreement (collectively, including the Site and Apps, the “Services”). Please note that all payments on the www.livolo.com website are processed by LIVOLO corporation
PRIVACY & COOKIE POLICY
When you use our Services and place orders through them, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary
We respect your right to privacy. To see how we collect and use your personal information, including how to unsubscribe from non-transactional communications from us, please see our Privacy & Cookie Policy .
Assumption of Risk; Release
In case you detect that an error occurred when entering your personal data during your registration as a user of our Services, you can modify them in the section "My Account". In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting us, as well as exercising the right of rectification contemplated in our Privacy & Cookie Policy through our Site and Apps. The Services display confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, the Services offer details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service or email address above to correct the error.
While LIVOLO strives to provide accurate product and pricing information, pricing or typographical errors may occur. LIVOLO cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, LIVOLO shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Purchases & Payments
All prices are exclusive of Sales & Use Tax and other taxes (where applicable) which will be charged to you separately at the applicable rate. All prices are correct at the time of entering the information on to the system. If for some reason we are unable to ship your goods, the value of the items that are not shipped will be refunded to your wallet in your SHEIN Account or to the original method of payment.
All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered and the delivery charge plus Sales & Use Tax and other applicable taxes.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account" area. You may use, as payment method, the following cards: Visa, Mastercard, American Express, Union Pay, Paypal and online banking etc.
To minimize the risk of non-authorised access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorisation on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.
When you click "Authorise Payment", you are confirming that the credit card is yours. Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.
Product Information
Colors. We have made every effort to display, as accurately as possible, the colors of our products that appear on the Services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Packing. Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by you will be paid for by you.
Shipping & Delivery
LIVOLO ships from different warehouses in different countries. For orders with more than one item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. If you have not received your delivery within 180 business days, please contact our Customer Services Platform .
Title and risk of loss.Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against LIVOLO for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from LIVOLO in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with LIVOLO until all payments hereunder, including deterred payments evidenced by notes or otherwise, Interest, carrying charges, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in LIVOLO.
After-sale Service
Return of product. Goods can be returned in designated period. The exact return period and return policy differs from country to country. Please contact our customer service for the detailed information. Customers returning goods are responsible for freight charges.
Wrong size items and quality problem items can be exchanged. For defective products, if a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued of delivery and return. The refund will be paid either to your wallet of SHEIN account or to the original method of payment.
User Content
In these Terms of Use, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose.
You grant to LIVOLO a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to LIVOLO the right to sub-license these rights, and the right to bring an action for infringement of these rights, provided, however, that LIVOLO shall not bring an action for infringement of any Product reviews posted by you without your express further permission.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or LIVOLO or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
LIVOLO reserves the right to edit or remove any material submitted to the Website, or stored on Anker's servers, or hosted or published upon the Website.
Notwithstanding LIVOLO’s rights under these Terms of Use in relation to user content, LIVOLO does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.
Please note that individuals under the age of 18 are prohibited from posting images to our Services of themselves or others who are under the age of 18.
Prohibited Conduct
LIVOLO imposes certain restrictions on your use of the Website. Any violation of this Section may subject you to civil and/or criminal liability.
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without LIVOLO’s express written consent.
You must not engage in any of the following conduct on the Website, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to LIVOLO or any other person in connection with the Website; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (d) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or another's) business, or causing others to do so; or () paying anyone for interactions on the Website.
You must not use the Website to transmit or send unsolicited commercial communications.
You must not use the Website for any purposes related to marketing without LIVOLO’s express written consent.
INTELLECTUAL PROPERTY AND OWNERSHIP
The Site and Apps, including all of its information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “Content”) provided as part of the Services belong at all times to LIVOLO or to those who grant us the license for their use. You may use the Content only to the extent that we or the usage licensers authorize expressly.
In addition, the “LIVOLO” trademarks, service marks, icons, graphics, wordmarks, designs and logos contained therein (“Marks”), are owned by LIVOLO INTERNATIONAL ELECTRIC LIMITED. “LIVOLO” and the Marks of LIVOLO are trademarks in the United States and other countries for which applications are pending or registrations have issued. You do not have, and will not acquire, any right, title, or interest in or to any of the Marks. The LIVOLO Marks, whether on any product offered for sale on the Site or the Apps, or appearing as a logo or text on any portion of the Site, is not a representation that LIVOLO INTERNATIONAL ELECTRIC LIMITED is the owner of any copyright or other intellectual property rights in the products offered for sale on the Site or the Apps. LIVOLO INTERNATIONAL ELECTRIC LIMITED sources some of its products from third party manufacturers and wholesalers.
THIRD PARTY LINKS AND RESOURCES
The Website may be linked with the websites of third parties ("Third Party Websites"), some of whom may have established relationships with LIVOLO and some of whom may not. LIVOLO does not have control over the content and performance of Third Party Websites. LIVOLO has not reviewed, and cannot review or control, all of the material, including computer software or other goods or Websites, made available on Third Party Websites. Accordingly, LIVOLO does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or Websites available through Third Party Websites. LIVOLO disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.
You accept that, as a limited liability entity, LIVOLO has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against LIVOLO’s officers or employees, or against any Company Parties, in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Website disclaimer will protect LIVOLO’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as LIVOLO and the Company Parties.
Consent to Receive Electronic Communications from LIVOLO
By creating an Account and providing your email address to LIVOLO, you expressly consent to receive electronic and other communications from LIVOLO, over the short term and periodically, including email communications. These communications will be about your purchases, your customer service inquiries, new product offers, promotions and other matters. You may opt out of receiving promotional electronic communications at any time by following the unsubscribe instructions contained in each communication, or by contacting LIVOLO at one of our customer service numbers as listed here: livolocare@livolo.com. Your unsubscribe request will apply to promotional communications only and will not limit LIVOLO’s ability to contact you regarding your purchases, Account, or to provide you with updates to this Agreement or the Privacy Policy. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
LIMITATION OF LIABILITY
please read this section carefully LIVOLO it limits the liability of LIVOLO to you.
(1)by using the services provided by LIVOLO, you hereby acknowledge that we are providing the services, including the site and mobile apps, on an “as is” and “as available” basis, without warranty of any kind, express or implied. without limiting the foregoing, LIVOLO expressly disclaims any and all warranties and conditions of merchantability, title, accuracy, completeness, uninterrupted or error-free service, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of course of dealing or trade usage.
(2)we make no promises with respect to, and expressly disclaim all liability for: (1) products, services, information, programming, and/or anything else provided by a third party that is accessible to you through the services; or (2) the quality or conduct of any third party you encounter in connection with your use of the services.
(3)you agree that to the maximum extent permitted by law, LIVOLO will not be liable to you under any theory of liability. without limiting the foregoing, you agree that, to the maximum extent permitted by law, LIVOLO entities will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if foreseeable) arising out of or in any way connected with your use of, or inability to use, the services.
(4)your sole remedy for dissatisfaction with the services is to cease use of the services.
some jurisdictions do not allow limitations on implied warranties or exclusions of liability for certain types of damages. as a result, the above limitations and exclusions may not apply to you in whole or in part.
Dispute Resolution
Binding Arbitration
If you, on the one hand, and LIVOLO and Company Parties (collectively, “Arbitration Parties”), on the other hand, cannot resolve a dispute or other Claim through negotiations, any party may elect to have the dispute or Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. We have branches in the United States and Europe, this Terms of Use will be governed by local laws and regulations.
The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The Arbitration Parties may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys' fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator's ruling on the merits.
Restrictions Against Joinder of Claims
You and the Arbitration Parties agree that any arbitration shall be limited to each Claim individually. Parties to arbitration under this agreement may only bring claims against the other in your or an Arbitration Party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude you or the Arbitration Parties from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or the Arbitration Parties from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
CONTACT US
We welcome your questions and comments about our privacy practices or these terms. You may contact us anytime through Customer Service Platform .