5.1 Each Member represents, warrants and agrees that they have full power and authority to accept the Terms in this agreement.
5.2 Member will be required to provide information or material about your entity as part of the registration process on the Site for a member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.4 Each Member represents, warrants and agrees that any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”).
5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.
5.6 Each Member further represents, warrants and agrees that you shall:
a) carry on your activities on the Site in compliance with any applicable laws and regulations;
b) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
c) not use the Services or Site to defraud any person or entity;
d) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
e) not engage in spamming or phishing;
f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
g) not involve attempts to copy, reproduce, exploit or expropriate Eurodeals.shop’s various proprietary directories, databases and listings;
h) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
i) not involve any scheme to undermine the integrity of the data, systems or networks used by Eurodeals.shop and/or any user of the Site or gain unauthorized access to such data, systems or networks;
j) not engage in any activities that would otherwise create any liability for Eurodeals.shop or our affiliates.
5.7 Member may not use the Services and member account messaging to engage in activities which are identical or similar to Eurodeals.shop’s e-commerce business.
5.8 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Eurodeals.shop’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Eurodeals.shop shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
5.9 Member acknowledges and agrees that Eurodeals.shop shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Eurodeals.shop does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
6. Breaches by Members
6.1 Eurodeals.shop reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject Eurodeals.shop or our affiliates to liability, or is otherwise found inappropriate in Eurodeals.shop’s opinion.
6.2 If any Member breaches any Terms or if Eurodeals.shop has reasonable grounds to believe that any Member is in breach of any the Terms, Eurodeals.shop shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. Eurodeals.shop shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Eurodeals.shop. The penalties that Eurodeals.shop may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as Eurodeals.shop may consider appropriate in our sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
a) Eurodeals.shop has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
b) Eurodeals.shop has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
c) Eurodeals.shop believes that the Member’s actions may cause financial loss or legal liability to Eurodeals.shop or our affiliates or any other Users.
6.4 Eurodeals.shop reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Eurodeals.shop may disclose the Member’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Eurodeals.shop shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Eurodeals.shop for such disclosure.
6.5 If a Member is in breach of the Terms, Eurodeals.shop also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Eurodeals.shop also reserves the right to disclose the records of such breach to our affiliates . Such Eurodeals.shop affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the website operated by or controlled by such Eurodeals.shop affiliates.
6.6 Eurodeals.shop may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if Eurodeals.shop has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Eurodeals.shop and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Eurodeals.shop shall have the right to publish the records of such breach on the Site. Eurodeals.shop shall not be required to investigate such breach or request confirmation from the Member.
6.7 Each Member agrees to indemnify Eurodeals.shop, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
6.8 Each Member further agrees that Eurodeals.shop is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Eurodeals.shop reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Eurodeals.shop in asserting any available defenses.
7. Transactions Between Customers and Eurodeals.shop
7.1 Customers agrees to provide all information and materials as may be reasonably required by Eurodeals.shop in connection with orders placed at Eurodeals.shop. Eurodeals.shop has the right to suspend or terminate any Customers account if the Customer fails to provide the required information and materials or provides inaccurate or fraudulent information.
7.2 Each User agrees that Eurodeals.shop shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any use or storage of any products purchased from Eurodeals.shop.
7.3 Eurodeals.shop will maintain all applicable PCI DSS standards and protect all data provided by the cardholder.
7.4 When you make a purchase, you agree that the risk of loss transfers from Eurodeals.shop to you from the moment we deliver your order to the carrier.
You will bear all related liabilities and risks during the third-party transportation of your order.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY Eurodeals.shop ON OR THROUGH THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND Eurodeals.shop HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, Eurodeals.shop MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; Eurodeals.shop DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND Eurodeals.shop MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
8.3 Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to Eurodeals.shop’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Eurodeals.shop or through or from the Site shall create any warranty not expressly stated herein.
8.4 Each User hereby further agrees to indemnify and save Eurodeals.shop, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Eurodeals.shop is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Eurodeals.shop reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Eurodeals.shop in asserting any available defenses.
8.5 Eurodeals.shop shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
a) the use or the inability to use the Site or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
c) unauthorized access by third parties to data or private information of any User;
d) statements or conduct of any User of the Site; or;
e) any matters relating to Services however arising, including negligence.
8.6 Notwithstanding any of the foregoing provisions, the aggregate liability of Eurodeals.shop, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Eurodeals.shop or our affiliates during the calendar year and (b) €100. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose.
8.7 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Eurodeals.shop has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
9.1 Under no circumstances shall Eurodeals.shop be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
10. Intellectual Property Rights
10.1 Eurodeals.shop is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Eurodeals.shop, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Eurodeals.shop are hereby reserved.
10.2 “Eurodeals.shop” and related icons and logos are registered trademarks or trademarks or service marks of Eurodeals.shop,
10.3 Eurodeals.shop may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
11.1 All legal notices or demands to or upon Eurodeals.shop shall be made in writing and sent to Eurodeals.shop personally, by courier, certified mail, or facsimile to the following address: Room 605, Level 1-8, Building A, No.01, Airport East Road, Baiyun District, Guangzhou, China. The notices shall be effective when they are received by Eurodeals.shop in any of the above-mentioned manners.
11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Eurodeals.shop, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
a) Eurodeals.shop is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) Immediately upon Eurodeals.shop posting such notice on an area of the Site that is publicly accessible without charge.
11.3 You agree that all agreements, notices, demands, disclosures and other communications that Eurodeals.shop sends to you electronically satisfy the legal requirement that such communication should be in writing.
12. General Provisions
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Eurodeals.shop with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 Eurodeals.shop and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.5 Eurodeals.shop’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Eurodeals.shop’s right to act with respect to subsequent or similar breaches.
12.6 Eurodeals.shop shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Eurodeals.shop). You may not assign, in whole or part, the Terms to any person or entity.
12.7 The Terms and Conditions shall be governed by the laws of Hong Kong without regard to its conflict of law provisions. In respect of all European transactions, Innovantion Alliance Ltd provides operational payment support. In respect of all other transactions, Banggood Technology Co Ltd is the responsible party.