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Public Offer Agreement
Trade 44 Sp. z o.o., the Company, on the one part, and a natural person/individual entrepreneur/legal entity, hereinafter – the Customer, on the other part, collectively referred to as the Parties, have entered into this Contract (hereinafter – the Contract) as follows.
The terms and definitions used herein, the sense and the meaning of words are clear and understood by the Parties equally:
Offer shall mean the Company's quotation addressed to an unlimited number of persons to conclude this Contract by acceding thereto by means of an Acceptance.
Acceptance shall mean the Customer’s full and unconditional consent to accept the
Company's Offer as a whole, which is expressed in the Customer’s actions to register in the Meest China Personal Cabinet without affixing a signature hereto.
Meest China Personal Cabinet shall mean a section accessible to an authorized user (Customer) through online access to the Internet on the website www.meest.cn or through one of the mobile applications:
- Meest China Android:
https://play.google.com/store/apps/details?id=development.icecream.mymeest
- And/or Meest China IOS:
https://apps.apple.com/ua/app/mymeest/id1258178131.
Buyback Service shall mean a service that consists in the acquisition by the Company on its own behalf, but at the expense of the Customer and at the Customer’s choice of the Goods in the online stores: www.taobao.com, www.1688.com, www.tmall.com, as well as in organizing the delivery of the Goods selected and paid for by the Customer to the Company's warehouse in the People's Republic of China (PRC).
International Express Delivery Service shall mean a service that involves an organizing the Goods’ delivery to the Customer by the Company to the Destination point specified by the Customer in the Meest China Personal Cabinet (within the framework of the Company’s logistics). Destination point shall mean a Customer’s address specified by it in the Meest China Personal Cabinet (exclusively within the framework of the Company’s logistics) when placing an order, to which the Goods should be delivered or an address of another person specified by the Customer in the Meest China Personal Cabinet, to which the Goods or other item specified by the Customer in the Meest China Personal Cabinet should be delivered (exclusively within the framework of the Company’s logistics). This definition in the Contract shall apply to International Express Delivery Services.
Seller shall mean any individual or legal entity at the Customer's discretion, who for a fee transfers the Products to the Customer's ownership within the territory of the PRC.
Fee shall mean a Company’s monetary remuneration for each service separately, which is charged by the Company in the amount (according to the Company's Tariffs) and in one of the ways set on the website www.meest.cn or in the Meest China Android/Meest China IOS mobile applications, as well as taking into account Loyalty program, which is posted on the website www.meest.cn.
Goods shall mean a tangible object, information thereof is contained in the Meest China Personal Cabinet or online stores: www.taobao.com, www.1688.com, www.tmall.com (for the
Buyback Service); or a tangible object that is purchased by the Customer within the People's Republic of China (PRC); or a tangible object that was purchased by the Customer within the People's Republic of China (PRC) and delivered to the warehouse of the International Representation in the name of the Customer/another person specified by the latter in Meest China Personal Cabinet.
International Postal Exchange Office (hereinafter – IPEO) shall mean a production unit of the postal service company, which carries out: processing of international postal items (IPIs), presentation thereof to the customs authority for customs control and clearance, as well as sending the IPIs to the Destination point thereof.
IPIs shall mean international postal items, packaged and drawn up in accordance with the requirements of the acts of the Universal Postal Union and the Rules for the provision of postal services, accepted for shipment in the People's Republic of China (PRC), sent to Ukraine (or another country, taking into account the Company’s logistics capabilities), as well as those transported through the territory of Ukraine in transit by the postal operator.
Consignment shall mean Good/Goods (except for those prohibited by the legislation of Ukraine and the Seller’s country), packed and prepared for shipment in accordance with the requirements of the legislation of the country of the Seller and Ukraine, which are accepted from the Seller/Sellers, processed and sent by the Company to the Customer (another person specified by the latter in the Meest China Personal Cabinet) to the country of destination chosen by the Customer (taking into account the Company’s logistical possibilities) - in gross weight within the established standards and requirements of the Company.
International Representative shall mean a warehouse, which address is indicated by the Customer for delivery in the Meest China Personal Cabinet (within the framework of the
Company’s logistical possibilities).
Collection shall mean a service of acceptance and transfer of the Consignment from the pick-up point of the transport company chosen by the Seller to the Company’s representative person.
Over-sized cargo shall mean Consignment, the weight and/or dimensions thereof is exceed the maximum overall and weight parameters approved by the Company, and therefore is sent exclusively upon Customer’s prior notification and the Company’s confirmation, taking into account that this Consignment cannot be consolidated with other Goods and it can be sent exclusively as a separate parcel.
CN 23 shall mean a Customs Declaration Form, generated automatically in the Meest China Personal Cabinet by consolidating the data entered by the Customer.
Carrier company shall mean a transport and logistics company that receives the Consignment transferred by the Company to the Customer/other person specified by the latter in the Meest China Personal Cabinet.
Standard Terms and Conditions of the Meest China Service (hereinafter – Meest
China STC) shall mean a set of provisions and instructions for using the Meest China Personal Cabinet, posted on the website www.meest.cn or in the Meest China Android/Meest China IOS mobile applications.
SECTION I. SCOPE OF THE CONTRACT
1.1. Under this Contract and under the terms and conditions determined hereby, the Company provides the Customer with the International Express Delivery Service.
At the Customer's sole discretion and for an additional fee (according to the Company's Tariffs and taking into account the Loyalty Program), the Company can also provide the Customer with additional services, the list of which is determined by this Contract/website www.meest.cn/ by Meest China Android / Meest China IOS mobile applications.
1.2. Any service selected by the Customer hereunder, as well as additional services, are paid by it in US dollars using one of the methods indicated on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications.
For some Company’s types of services, the Customer shall replenish the Buyback Balance /Shipment Balance in the Meest China Personal Cabinet and shall give the Company full and unconditional consent to independently write off funds from the Customer’s Buyback Balance /Shipment Balance in the Meest China Personal Cabinet.
When the Customer makes any payment in favor of the Company, the Customer shall additionally pay all possible fees of banks, correspondent banks, a currency conversion fee, as well as other possible fees used by the Customer to pay for payment systems.
1.3. The Customer bindingly confirms that the official channel of communication with the Customer will be his e-mail address specified by the latter when registering in the Meest China Personal Cabinet.
The Customer confirms that any email from the Company is considered to be received by the Customer on time and in a proper manner at the time of sending such an email from the Company to the Customer’s email specified by him during registration in the Meest China Personal Cabinet. The Customer undertakes, in the event of a change in his e-mail address, to promptly report to the Company about this by sending a message to the Company's e-mail [email protected].
The Parties have agreed that the Company has the right to inform the Customer about the progress of services by changing the status of the Customer’s order in the Meest China Personal Cabinet.
1.4. The Customer undertakes to keep all documents confirming payment for the Company's services/payment for the Goods until the Customer or another person indicated by him in the Meest China Personal Cabinet receives the Goods/Consighnment directly at the Destination point specified by the Customer in the Meest China Personal Cabinet.
1.5. At the time of the conclusion of this Contract, the Customer confirms that he is fully acquainted (on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications) and agrees with: the Company’s Loyalty Program; the Company’s Tariffs; the list of Additional Services of the Company; the list of Goods that are prohibited from shipment by postal/courier services; the terms of customs clearance of goods; the List of prohibited goods; Meest China STC; Complaint Policy.
Any Company’s services are rendered to the Customer on the basis and taking into account the provisions (clauses) of this Contract, as well as the Company’s Loyalty Program, the Company's Tariffs, the list of Additional Services of the Company, the List of goods that are prohibited from sending by postal/courier services, the Terms of customs clearance of goods, the List of prohibited goods, Meest China STC; Complaint Policy published on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications.
The Customer undertakes to independently monitor on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications, without exception, the amendments made by the Company to the Company's Loyalty Program, the Company's Tariffs, the list of Additional Services of the Company, the List of goods that are prohibited for shipment by postal/courier services, the Terms of customs clearance of goods, the List of prohibited goods, Meest China STC; Complaint Policy.
Amendments shall consider promulgated (published) and shall come into force for both the Company and the Customer upon being published on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications. The Company shall also have the right to inform the Customer on such amendments in the message sent to the Customer’s e-mail specified by him when registering in the Meest China Personal Cabinet.
1.6. The Company is enabled, without any agreement with the Customer and notifying him, to involve any third parties who are not a Party hereto to fulfill its obligations hereunder – for any of the Company's services.
1.7. In the event that the Company returns any funds to the Customer, these funds can be returned either to the Buyback Balance/Delivery Balance of the Customer in the Meest China Personal Cabinet or, at the Customer’s request sent to the Company's email address [email protected], to the Customer's bank card.
The Parties have agreed that the refund to the Customer’s bank card shall be conducted exclusively to the card the Customer made the payment from. Refunds to the Customer are carried out by the Company in any legal way on the territory of Ukraine.
1.8. Any losses, damage, harm, additional costs that may arise for the Customer from the Company's performance of this Contract, the Company will not be reimbursed, unless otherwise provided hereby.
1.9. The Company shall not be responsible for any Customer’s expenses, losses, damage, harm that may be caused to him as a result of using the Company’s services.
The Company assume no responsibility for any costs, harm, damage, losses caused to the Customer as a result of using or inability to use the Company's services for technical reasons, including, but not exclusively: errors, omissions, interruptions in the work of the website www.meest.cn / mobile applications Meest China Android/Meest China IOS; deleting files, changing the functions of the website www.meest.cn/in the Meest China Android/Meest China IOS mobile applications; software defects, delays in the operation of the website www.meest.cn / mobile applications Meest China Android/Meest China IO; when transferring data, when the Company makes changes to the website www.meest.cn/mobile applications Meest China Android/Meest China IOS, etc.
1.10. The Company decline all responsibility for the actions of related services and services used to provide services to the Customer, but not owned by the Company, including but not exclusively: banks, mail services, Internet providers, postal services, payment systems, etc.
1.11. The Parties have agreed that the Customer personally will only use his Meest China Personal Cabinet. Conducting any negotiations with the Company regarding the Company's services, as well as any situations that may arise in the process of providing services by the Company to the Customer, is possible only by the client personally, with the exception of cases established by the current legislation that applies hereto.
The Customer manages parcels, shipments, orders independently using the functionality of the Meest China Personal Cabinet.
1.12. The Company's Customer Support Service provides only consulting services to the Customer. The cost of any delivery will depend on the weight, dimensions and parameters of the Goods in the Shipment, therefore, when consulting the Customer, the Customer Support Service can only announce the approximate delivery cost for any of the Company's services.
1.13. This Company’s Offer can be taken (accepted) by the Customer only in full by joining the Customer to it. Accession of the Customer to this Offer in part is impossible.
SECTION II. PROCEDURE AND TERMS OF PROVIDING AN INTERNATIONAL EXPRESS DELIVERY SERVICE
2.1. The Company provides the Customer with a service for organizing the international express delivery of Products/Consignments that are purchased by the Customer in the PRC and delivers the Consignments to the Destination point specified by the Customer in the Meest China Personal Cabinet (exclusively within the framework of the Company's logistics capabilities).
2.2. Under the conditions and in a manner determined hereby and by the Meest China STC, the Company undertakes to provide the Customer with the International Express Delivery Service, and the Customer undertakes to accept and pay the specified service.
2.3. As a part of the International Express Delivery Service, the Customer may be provided with one or more (at a time) of the following services:
2.3.1. providing the Customer with the address of the International Representative Office's warehouse for organizing the delivery of Consignments (purchased by the Customer within the territory of the PRC) to the address specified by the Customer in the Meest China Personal Cabinet;
2.3.2. a service of Consignments' acceptance at the warehouse of the International
Representative Office;
2.3.3. a service of Consignments' processing, which includes the use of all types of additional services provided for herein/specified on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications, including their storage and shipment;
2.3.4. a service of Consignments' delivery from the International Representative Office's warehouse to the IPEO of Ukraine in Lviv City;
2.3.5. a service of Consignments' transferring from the IPEO to the carrier for providing the Consignment's delivery to the Customer to the country of destination;
2.3.6. a service of the customs clearance of Consignments.
The Customer confirms that they fully understand that the International Express Delivery Service will consist of one or several types of services described in this clause hereof (clause 2.3.), which will be chosen by the Customer, that consequently will form the cost of the International Express Delivery Service in each specific case.
- 4. Company rights and obligations
2.4.1. The Company undertakes to provide the Customer with a service of proper quality and in a manner specified hereby and by the Meest China STC.
2.4.2. Upon application of the Customer, executed in accordance with the Complaint Policy, the Company shall have the right to decide on the complaint and reimburse the Customer for the losses caused to them.
2.4.3. The Company shall have the right to unilaterally suspend the provision of the International Express Delivery Service in case of violation by the Customer of the terms hereof and/or the Meest China STC. Losses, damage, and harm in this case are not reimbursed by the Company to the Customer.
2.4.4. The Company shall be entitled, without any consent of the Customer and notifying them, to involve any third parties who are not a Party hereto to perform the International Express Delivery Service (including, but not exclusively: forwarders, carriers, customs brokers, postal services, companies that provide postal services, etc.).
2.4.5. The Company, where required and solely for the purpose of fulfilling its obligations hereunder, is entitled to request from the Customer, and the Customer is obliged to provide additional documents within 24 hours confirming the Customer's identity and/or the identity of the person to whose name/address the Customer sent the Consignment, as well as the lawfulness of the purchases made and the lawfulness of the Customer's use of the bank card the payment was made with.
The Company's requirement of additional documents and information from the Customer and their obligation to provide such data can also be applied by the Company in order to prevent illegal actions with bank cards.
2.4.6. The Company's warehouse in the PRC is not obliged to send the Customer's Consignment on the next following flight date. The Company's warehouse in the PRC shall have the right to change the date of the Consignment's dispatch without explaining the reasons. The Parties have agreed that in this case, the Company does not compensate the Client for losses, damage, and harm caused under such circumstances, and also does not pay any compensation.
2.5. Rights and Obligations of the Customer
2.5.1. The Customer shall be obliged, within the time period established hereby and in one of the ways specified on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications or herein, to pay the Company for the International Express Delivery Service. 2.5.2. The Customer shall be obliged to provide the Company and/or the International Representation with reliable information about the Consignment's content, as well as about other characteristics thereof.
2.5.3. The Customer shall compensate for losses, damage, and harm caused to the Company and/or third parties involved by the Company to fulfill its obligations hereunder, due to the Customer's provision of false (inaccurate) information regarding the Consignment's content/nature or personal data of the user of the Meest China Personal Cabinet.
2.5.4. The Customer shall not have the right to use the International Express Delivery Service for the transportation of any items, substances specified in the List of Prohibited Items, as well as any items, substances, the circulation of which is restricted or prohibited, as well as to commit illegal actions/crimes.
2.5.5. The Customer shall have the right to ask for information from the Company on the progress and stages of the Company's implementation of the International Express Delivery Service by sending a message to the Company's chatbot or by making a call to the Company's phone number indicated on the website www.meest.cn. The Parties have agreed on, should the Customer has any complaints or claims, the Customer assures to send the Company a letter to the email address: [email protected].
2.5.6. If within one (1) month the Customer does not collect the Products, it is disposed of, for which the Customer gives a full and unconditional instruction and consent. The Parties have agreed that in this case, losses, damage, and harm to the Customer are not subject to reimbursement by the Company.
2.6. Service cost and payment procedure
2.6.1. Tariffs for the provision of the International Express Delivery Service by the Company, as well as tariffs for additional services, are published by the Company on the website www.meest.cn/ in the Meest China Android / Meest China IOS mobile applications. The Customer is obliged to independently monitor all changes in this part on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications.
2.6.2. The final cost of the International Express Delivery Service is formed by summing up the main and additional services selected by the Customer and generating the corresponding invoice in the Customer's Meest China Personal Cabinet.
2.6.3. If the Customer incorrectly replenish the Delivery Balance in the Meest China Personal Cabinet, the latter shall contact the Company's Support Service at the email address [email protected] for a refund.
2.6.4. The imputed value of the Consignment's delivery services from the warehouse of the International Representative to the Destination Point is calculated according to the actual weight or volumetric (calculated using formula indicated on the website www.meest.cn) formed by the Customer after it has been processed by the warehouse staff at the Customer's request, considering the weight and dimensions of the package.
- 7. Liabilities of the Company
2.7.1. The Company's liability is limited by this Contract and by the Complaint Policy published on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications.
2.7.2. The Company assumes no responsibility for:
2.7.2.1. the shortage of Consignment (by the number of items contained therein) or the inconsistency of the attachment with the description if the outer packaging is intact and/or if the parcel is issued for delivery as "One Click Dispatch" (Ready Made Cargo);
2.7.2.2. the damage or internal shortage of the Consignment (in terms of the number of items contained therein), occurred as a result of non-compliance by the Customer and/or the Seller with the requirements for its packaging and/or labeling, if the parcel is issued for delivery as a "One Click Dispatch" (Ready Made Cargo);
2.7.2.3. the failure to meet the deadline of the Consignment's delivery to IPEO of Ukraine due to improper registration of the Consignment by the Customer in the Meest China Personal Cabinet or in the CN 23, which is subject to the Meest China STC;
2.7.2.4. the damage to the Consignment occurred as a result of its arrival at the warehouse of the International Representation and/or its transfer for transportation without indicating in the shipping documents its special properties, characteristics requiring special conditions or actions for its safety and integrity during transportation and/or storage;
2.7.2.5. the loss of the Consignment (or part thereof), if it is established that such a fact was recorded after the Consignment's delivery to the Customer or to a person indicated by the Customer in the Meest China Personal Cabinet, however, the following conditions were met: the order was accepted and the Consignment was delivered in compliance with all the established requirements, while there is no external damage to its packaging;
2.7.2.6. the damage to the Consignment during its transportation, caused by its repackaging during its separation and/or removal of additional packaging upon request or as agreed with the Customer;
2.7.3. The Company is not responsible and assumes no liability for any possible consequences (including a Consignment's damage, deformation, etc.) if the Seller uses inappropriate packaging of the Consignment (packaging that does not correspond to the Consignment's characteristics, its weight or established standards, specifications, requirements for the packaging of the Consignment) and lack of special marking.
2.7.4. The Company is not responsible for losses, damage, and harm caused to the Customer as a result of using the International Express Delivery Service, regardless of nature thereof.
2.7.5. The responsibility of the Company for the preservation of the Consignment terminates at the moment of its delivery to the Customer or to a person indicated by the Customer in the Meest China Personal Cabinet.
2.7.6. In case of delay of the Consignment's delivery due to the Company's fault, compensation to the Customer shall be made in compliance with the Complaint Policy set out on the website www.meest.cn.
2.7.7. When the Customer organizes a Consignment, the content of which is prohibited from importing into the country the Customer is a resident of/the country that is the Destination point, the Company shall have the right to refuse to provide services to the Customer. In this case, the Customer's claims regarding the absence of the Consignment's delivery, its confiscation by the Company will not be accepted and the cost of the Company's services will not be returned to the Customer. The Parties have agreed so when entering into this Contract and consider this clause fair and have undertaken to comply herewith.
2.8. Liabilities of the Customer
2.8.1. The Customer bears full responsibility for losses, harm, and damage caused to third parties, whose Consignments were transported or stored together with the Customer's Consignment, which contained in the attachment any type of chemicals, acids, other dangerous/unsafe chemical compounds/elements.
2.8.2. In case of application of financial sanctions, fines, penalties, forfeit or other financial penalties provided for by the Customs Code of Ukraine/other countries and other regulations of Ukraine/other countries in relation to the Company and/or third parties involved by it to fulfill their obligations, apply, arose as a result of the provision by the Customer of incomplete and/or inaccurate information, documents, committing other violations from the Customer side, as well as in connection with the untimely provision by the Customer of the documents and/or information necessary for the declaration, the Customer is fully liable to the Company in the form of a fine in the amount equal to the amount of the financial sanction applied to the Company (or to third parties involved by the Company to fulfill its obligations hereunder), or the amount of other types of financial liability applied to the Company or to third parties involved by the Company.
2.8.3. The Parties have agreed that the Company's obligations to the Customer shall be deemed completed, and the International Express Delivery Service shall be deemed provided in full at the time the Customer or a person indicated by them in the Meest China Personal Cabinet receives the Consignment at the Destination point specified by the Customer in the Meest China Personal Cabinet.
SECTION III. FORCE MAJEURE
3.1. Each of the Parties shall not be held liable for partial or complete failure to fulfill
their obligations hereunder if this failure resulted from force majeure circumstances.
Force majeure circumstances (circumstances of insuperable force) are extraordinary
and inevitable circumstances that reasonably make it impossible to fulfill obligations (both in full and in part) under this Contract, including, but not exclusively:
- war, threat of war, armed conflict or serious threat of such a conflict, including but not exclusively - blockade, military embargo, actions of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, actions of a public enemy, public unrest, acts terrorism, sabotage, piracy, public unrest, foreign invasions, blockade, revolution, coup d'etat, insurrection, uprising, riots, civil war, acts of civil disobedience, man-made disasters, nuclear disasters;
- imposition of a state of emergency in the country, an emergency, quarantine, curfew;
- exceptional weather conditions, including but not exclusively – natural disasters, earthquakes, floods, tsunamis, tornadoes, severe storms, cyclones, hurricanes, frosts, freezing of the sea, freezing of straits, freezing of ports, freezing of passes, earthquakes, lightning, fires, droughts, soil subsidence, landslides; heavy fog, heavy snowfall;
- ban (restriction) of export/import, sanctions, embargo, closure of sea straits, closure of air zones for flight, closure of ports;
- expropriation, forced confiscation, seizure of enterprises, requisition, public demonstrations, blockade, strike, accident;
- illegal criminal actions of third parties, which resulted in a fire, explosion, interruptions in the operation of transport, as well as other illegal actions;
- regulatory legal acts of state authorities and/or local self-government bodies, state laws that change the existing procedure for any transport, communications, the procedure for fulfilling obligations under any foreign economic transactions.
3.2. The Party affected is obliged to notify the other Party hereunder no later than 48 hours upon the occurrence of such circumstances. If the Company faces force majeure circumstances, it shall notify the Customer thereon by sending a message to the Meest China Personal Cabinet (or by updating the status in the Meest China Personal Cabinet) or to the Customer's email specified by them when registering in the Meest China Personal Cabinet. If the Customer faces force majeure circumstances, they shall notify the Company by e-mail: [email protected].
3.3. A document that confirms the occurrence of force majeure circumstances is a document issued by an authorized body of the country where force majeure circumstances arose. The Parties have also agreed that if the Company encounters force majeure, then a document confirming these circumstances can be issued not only to the Company but also to a third party that the Company has involved to fulfill its obligations hereunder, and such a document is accepted by the Customer as confirmation.
SECTION IV. DISPUTE RESOLUTION, LEGISLATION
4.1. In the event of any disagreements and disputes related to the implementation of this Contract, the Parties shall settle them through negotiations.
4.2. In the case of impossibility to settle dispute through negotiations, disputes are settled in a manner prescribed by the current legislation of Ukraine, as well as under the regulatory provisions of Ukraine in force on the territory of Ukraine.
SECTION V. CONFIDENTIALITY. PERSONAL DATA
5.1. Information and any data received from the Customer hereunder may be used by the Company solely to fulfill the Company's obligations under this Contract.
5.2. The Customer gives full and unconditional permission to the Company to contact the Customer (by mobile phone, by e-mail) to clarify any issues related to the provision of services by the Company to the Customer hereunder. The Customer also gives permission to the Company to use the personal data provided by them, processing thereof in order to fulfill the Company's obligations hereunder.
5.3. The Customer confirms that they fully understand that the Company does not store the data of the Customer's bank cards, the validity periods thereof, as well as CVV codes therefor.
SECTION VI. MISCELLANEOUS
6.1. The terms and definitions used herein with a capital letter are specific terms and definitions and shall have the meaning defined therefor herein both in a single and in a plural meaning.
6.2. This Contract shall be deemed concluded between the Parties at the time of registration of the Customer in the Meest China Personal Cabinet (acceptance).
The Contract is effective from the moment of its conclusion until the Parties fully fulfill their obligations hereunder.
6.3. The Parties confirm that the content hereof does not contradict the moral foundations of society, civil law; parties to this Contract have the required amount of civil legal capacity; the will of the Parties hereto is free and voluntary act and deed; the Contract is aimed at the real onset of the legal consequences caused thereby; the Contract does not violate public order; the Contract was not concluded due to an error, difficult circumstance or extremely unfavorable terms; the Contract was not entered into under the influence of deception, abuse of trust or violence; the Contract was not concluded as a result of a malicious agreement between the representative of one Party and the other Party; the meaning of all words, terms and definitions herein is clear to the Parties and understood by the Parties in the same way.
6.4. The Parties confirm that execution hereof is their free and voluntary act and deed without any influence of third parties. Parties who have entered into this Contract are mentally stable. The Parties hereby confirm that the Contract has been concluded on favorable terms for each Party.
SECTION VII. Details of the Company
“Trade 44 Sp. z o.o.”
39-200 Dębica, 7 Drogovciów Street
Contact phone number: 534-24-95-697
KRS (National Court Register): 0000501663
REGON (Statistical Identifier): 147142223
EORI: PL5342495697
E-mail: [email protected]
TEL.: +48 146-818-484
OPTION CONTRACT BUYBACK SERVICES
Trade 44 Sp. z o.o, hereinafter – the Company, on the one part, and a natural person/individual entrepreneur/legal entity, hereinafter – the Customer, on the other part, collectively referred to as the Parties, have entered into this Contract (hereinafter – the Contract) as follows.
The terms and definitions used herein, the sense and the meaning of words are clear and understood by the Parties equally:
Offer shall mean the Company's quotation addressed to an unlimited number of persons to conclude this Contract by acceding thereto by means of an Acceptance.
Acceptance shall mean the Customer’s full and unconditional consent to accept the
Company's Offer as a whole, which is expressed in the Customer’s actions to register in the Meest China Personal Cabinet without affixing a signature hereto.
Meest China Personal Cabinet shall mean a section accessible to an authorized user (Customer) through online access to the Internet on the website www.meest.cn or through one of the mobile applications:
- Meest China Android:
https://play.google.com/store/apps/details?id=development.icecream.mymeest
- And/or Meest China IOS:
https://apps.apple.com/ua/app/mymeest/id1258178131.
- Buyback Service shall mean a service that consists in the acquisition by the Company on its own behalf, but at the expense of the Customer and at the Customer’s choice of the Goods in the online stores: www.taobao.com, www.1688.com, www.tmall.com, as well as in organizing the delivery of the Goods selected and paid for by the Customer to the Company's warehouse in the People's Republic of China (PRC).
Seller(s) – shall mean online stores: www.taobao.com, www.1688.com, www.tmall.com, www.yangkeduo.com.
Price shall mean a sum of money consisting of a Product Value, a Company's Fee, and a Company's Service Fee for organizing the delivery of the Goods to the Company's warehouse in the PRC.
Fee shall mean a Company’s monetary remuneration for each service separately, which is charged by the Company in the amount (according to the Company's Tariffs) and in one of the ways set on the website www.meest.cn or in the Meest China Android/Meest China IOS mobile applications, as well as taking into account Loyalty program, which is posted on the website www.meest.cn.
Product shall mean a tangible object, information thereof is contained on the website www.meest.cn or in the Meest China Android/Meest China IOS mobile applications or online stores: www.taobao.com, www.1688.com, www.tmall.com, www.yangkeduo.com.
Standard Terms and Conditions of the Meest China Service (hereinafter – Meest China STC) shall mean a set of provisions and instructions for using the Meest China Personal Cabinet, posted on the website www.meest.cn or in the Meest China Android/Meest China IOS mobile applications.
Buyback Balance shall mean a function in the Meest China Personal Cabinet, where the Client pays for the Company's services by independently introducing their bank card details (card number, expiration date and CVV code). The receipt by the Company of funds paid by the Customer, as well as the return of the Company's funds to the Customer (in the cases and by the methods established hereby), is displayed in the Buyback Balance in the Customer's Meest China Personal Cabinet.
SECTION I. SCOPE OF THE CONTRACT
1.1. On the terms and pursuant to the conditions set out herein, the Company provides the Customer with the Buyback Service.
In the sole Customer's discretion and for an extra fee (according to the Company's Tariffs and taking into account the Loyalty Program), the Company can also provide the Customer with additional services, the list of which is determined hereby/website www.meest.cn/ by Meest China Android/Meest China IOS mobile applications.
1.2. Any service selected by the Customer hereunder, as well as additional services, are paid by it in US dollars using one of the methods indicated on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications.
For some Company’s types of services, the Customer shall replenish the Buyback Balance /Shipment Balance in the Meest China Personal Cabinet and shall give the Company full and unconditional consent to independently write off funds from the Customer’s Buyback Balance in the Meest China Personal Cabinet.
When the Customer makes any payment in favor of the Company, the Customer shall additionally pay all possible fees of banks, correspondent banks, a currency conversion fee, as well as other possible fees used by the Customer to pay for payment systems.
1.3. The Customer bindingly confirms that the official channel of communication with the Customer will be his e-mail address specified by the latter when registering in the Meest China Personal Cabinet.
The Customer confirms that any email from the Company is considered to be received by the Customer on time and in a proper manner at the time of sending such an email from the Company to the Customer’s email specified by him during registration in the Meest China Personal Cabinet. The Customer undertakes, in the event of a change in his e-mail address, to promptly report to the Company about this by sending a message to the Company's e-mail [email protected].
The Parties have agreed that the Company has the right to inform the Customer about the progress of services by changing the status of the Customer’s order in the Meest China Personal Cabinet.
1.4. The Customer undertakes to keep all documents confirming payment for the Company's services/payment for the Goods until the Customer or another person indicated by him in the Meest China Personal Cabinet receives the Goods/Consighnment directly at the Destination point specified by the Customer in the Meest China Personal Cabinet.
1.5. At the time of the conclusion of this Contract, the Customer confirms that he is fully acquainted (on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications) and agrees with: the Company’s Loyalty Program; the Company’s Tariffs; the list of Additional Services of the Company; the list of Goods that are prohibited from shipment by postal/courier services; the terms of customs clearance of goods; the List of prohibited goods; Meest China STC; Complaint Policy.
Any Company’s services are rendered to the Customer on the basis and taking into account the provisions (clauses) of this Contract, as well as the Company’s Loyalty Program, the Company's Tariffs, the list of Additional Services of the Company, the List of goods that are prohibited from sending by postal/courier services, the Terms of customs clearance of goods, the List of prohibited goods, Meest China STC; Complaint Policy published on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications.
The Customer undertakes to independently monitor on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications, without exception, the amendments made by the Company to the Company's Loyalty Program, the Company's Tariffs, the list of Additional Services of the Company, the List of goods that are prohibited for shipment by postal/courier services, the Terms of customs clearance of goods, the List of prohibited goods, Meest China STC; Complaint Policy.
Amendments shall consider promulgated (published) and shall come into force for both the Company and the Customer upon being published on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications. The Company shall also have the right to inform the Customer on such amendments in the message sent to the Customer’s e-mail specified by him when registering in the Meest China Personal Cabinet.
1.6. The Company is enabled, without any agreement with the Customer and notifying him, to involve any third parties who are not a Party hereto to fulfill its obligations hereunder – for any of the Company's services.
1.7. In the event that the Company returns any funds to the Customer, these funds can be returned either to the Buyback Balance/Delivery Balance of the Customer in the Meest China Personal Cabinet or, at the Customer’s request sent to the Company's email address [email protected], to the Customer's bank card.
The Parties have agreed that the refund to the Customer’s bank card shall be conducted exclusively to the card the Customer made the payment from. Refunds to the Customer are carried out by the Company in any legal way on the territory of Ukraine.
1.8. Any losses, damage, harm, additional costs that may arise for the Customer from the Company's performance of this Contract, the Company will not be reimbursed, unless otherwise provided hereby.
1.9. The Company shall not be responsible for any Customer’s expenses, losses, damage, harm that may be caused to him as a result of using the Company’s services.
The Company assume no responsibility for any costs, harm, damage, losses caused to the Customer as a result of using or inability to use the Company's services for technical reasons, including, but not exclusively: errors, omissions, interruptions in the work of the website www.meest.cn / mobile applications Meest China Android/Meest China IOS; deleting files, changing the functions of the website www.meest.cn/in the Meest China Android/Meest China IOS mobile applications; software defects, delays in the operation of the website www.meest.cn / mobile applications Meest China Android/Meest China IO; when transferring data, when the Company makes changes to the website www.meest.cn/mobile applications Meest China Android/Meest China IOS, etc.
1.10. The Company decline all responsibility for the actions of related services and services used to provide services to the Customer, but not owned by the Company, including but not exclusively: banks, mail services, Internet providers, postal services, payment systems, etc.
1.11. The Parties have agreed that the Customer personally will only use his Meest China Personal Cabinet. Conducting any negotiations with the Company regarding the Company's services, as well as any situations that may arise in the process of providing services by the Company to the Customer, is possible only by the client personally, with the exception of cases established by the current legislation that applies hereto.
The Customer manages parcels, shipments, orders independently using the functionality of the Meest China Personal Cabinet.
1.12. The Company's Customer Support Service provides only consulting services to the Customer. The cost of any delivery will depend on the weight, dimensions and parameters of the Goods in the Shipment, therefore, when consulting the Customer, the Customer Support Service can only announce the approximate delivery cost for any of the Company's services.
1.13. This Company’s Offer can be taken (accepted) by the Customer only in full by joining the Customer to it. Accession of the Customer to this Offer in part is impossible.
1.14. The Buyback Service shall be deemed performed by the Company on time and in the proper way at the time when funds are paid to the Seller's account.
SECTION II. BUYBACK SERVICE
2.1. The Company renders the Customer with a service for the purchase on its own behalf, but at the expense of the latter and at the Customer’s choice of the Goods in the online stores: www.taobao.com, www.1688.com, www.tmall.com, as well as in organizing the delivery of the selected and paid by the Customer Goods to the Company's warehouse in the People's Republic of China (hereinafter referred herein PRC).
Delivery of the Goods from the Company's warehouse in the PRC to any other destination point required by the Customer is not included into the Buyback Service.
The procedure, rules, as well as other provisions for providing the Customer with the delivery of the Goods from the Company's warehouse in China to another destination point specified by the Customer in the Meest China Personal Cabinet is established by Section III hereof - International Express Delivery Service.
2.2. The procedure for ordering Buyback Service by the Customer:
2.2.1. The Customer, by use of the Meest China Personal Cabinet or independently in the online stores: www.taobao.com, www.1688.com, www.tmall.com, selects the Goods that he intends to purchase and which will be purchased and delivered by the Company to its warehouse in China.
2.2.2. The Parties have agreed that the Company starts to perform the Buyback Service for the Customer from the moment the Company receives the Price for this service from the Customer. The Price shall be paid by the Customer in US dollars using one of the methods indicated on the website www.meest.cn/ by Meest China Android/Meest China IOS mobile applications.
2.2.3. The Customer bindingly confirms that he fully understands that all the Goods, information about which is posted on the website www.meest.cn / in the Meest China Android / Meest China IOS mobile applications, is not the property of the Company. The Customer also confirms that he understands that at the time of his ordering the Goods through the website www.meest.cn/ through the mobile applications Meest China Android/Meest China IOS, the Goods placed in the online stores www.taobao.com, www.1688.com, www.tmall.com, www.yangkeduo.com, may differ from the one contained on the website www.meest.cn/ in the Meest China Android/Meest China IOS mobile applications in terms of price, completeness, color, size and any other possible parameters.
The Customer bindingly confirms that he fully understands that the possible existence of these disagreements is due to the technological system of operation of the website www.meest.cn / Meest China Android/Meest China IOS mobile applications and possible time delays in updating information when synchronizing with information in online stores www.taobao.com, www.1688.com, www.tmall.com, www.yangkeduo.com.
2.2.4. The Customer bindingly confirms that he fully understands that the Company does not guarantee the availability of the Goods selected by the Customer in the online stores www.taobao.com, www.1688.com, www.tmall.com, www.yangkeduo.com, including in size, color, quality and other possible parameters – this is outside the scope of the Company's responsibility.
2.2.5. The Customer, upon his additional request in the Meest China Personal Cabinet and for an extra fee within the framework of the Buyback Service, may be provided with the Company’s additional service to check the Goods in a warehouse in the PRC by photographing the Goods and sending these photos to the Customer. The cost of such an additional service is set on the website www.meest.cn / in the Meest China Android/Meest China IOS mobile applications.
2.2.6. The Customer bindingly confirms that he fully understands that if any of the Sellers is not able to deliver the Goods ordered by the Customer to the warehouse used by the Company in China, the Company will not be able to provide the Customer with the Buyback Service and this service will be canceled by the Company unilaterally. The price paid by the Customer will be returned to him either to the Customer’s Buyback Balance/Delivery Balance (in the parts corresponding to the Buyback/Delivery) in the Meest China Personal Cabinet or to the Customer’s bank card (if there is an application from the Customer sent to the Company's email [email protected]). The refund method shall mean any legal method within Ukraine. The Parties have agreed that in this case, losses, damage, harm to the Customer will not be reimbursed by the Company.
2.2.7. The Customer bears full and independent responsibility for the compliance of the Goods purchased by him with the delivery conditions of any postal services, as well as the customs legislation of the country in which the Customer is located, including the dimensions, weight and content of the Goods, other dimensions and weight of the postal packaging necessary for sending the Goods to the Customer by any postal/courier service.
2.2.8. If the Goods ordered by the Customer do not comply with the rules for the international carriage of goods, its redemption may be canceled by the Company unilaterally. The Parties have agreed that in this case, losses, damage, harm to the Customer will not be reimbursed by the Company.
2.2.9. When providing the Buyback Service of the goods, issued by the Customer through the “Pay A Friend” functionality, the Company does not negotiate with the Seller, does not agree on a repeated payment or an auction price for the Customer.
2.2.10. If the Customer cancels an order for the Buyback Service, issued through the “Pay A Friend” functionality on the website, a refund to the Customer’s Buyback Balance is possible only after the Customer provides data confirming the refund to the Company account (the Customer provides the Company with a screenshot from the website www.1688.com with the transaction time and amount), as well as upon confirmation of receipt of funds to our account.
If the Customer cancels an order placed through the WeChat “Pay A Friend” functionality, a refund to the Customer’s Buyback Balance is possible after the Customer provides a screenshot of the Seller's transfer of funds to the Company's account and confirms the receipt of funds.
2.2.11. In the event of a discrepancy between the received Goods, issued through the “Pay A Friend” functionality on the website or WeChat, the Customer decides on his own to negotiate with the Seller and issues of discrepancy. The Company is not responsible for non-conformity of goods.
2.2.12. The Company is not responsible if the Seller sends one order in different parcels, incomplete dispatch of the order, or providing one track number for orders from different Customers. To solve a problem situation, the Customer shall contact the Company's Support Service, and then, based on the inquiry, a request is created to the Seller. The Customer undertakes to enter into the Cabinet on his own additional track numbers provided during the pre-shipment of the Goods by the Seller.
Settlement procedure (Buyback Service)
2.3.1. The Customer pays the Company the Price for the Buyback Service in US dollars. The Company's Services is paid by the Customer by using (replenishment) the Buyback Balance by the latter or in another way available on the Meest China website/in the Meest China Android/Meest China IOS mobile applications.
2.3.2. When paying the Company, the Price, the Customer shall additionally pay all possible fees of banks, correspondent banks, currency fees, as well as other possible fees used by the Customer to pay for payment systems.
2.4. Company rights and obligations (Buyback Service).
2.4.1. The Company shall have the right to inform the Customer about the stages of the Buyback Service by updating the statuses in the Meest China Personal Cabinet or by sending emails to the Customer’s e-mail specified by him when registering in the Meest China Personal Cabinet.
In the absence of the Goods ordered by the Customer through the Meest China Personal
Cabinet in the Seller's warehouse, the Company has the right to cancel this Good from the Customer’s order by notifying the latter by sending a message to his email address specified by him during registration in the Meest China Personal Cabinet or by changing the status therein.
In this case, the Price paid by the Customer is returned to the latter to his Buyback Balance and/or Delivery Balance in the Meest China Personal Cabinet or to the Customer’s bank card (if there is a Customer’s application sent to the Company's email [email protected]). A refund method is any legal method within Ukraine. The Parties have agreed that in this case, losses, damage, harm to the Customer will not be reimbursed by the Company.
2.4.2. If the Seller has not sent the Goods to the Company's warehouse in the PRC within 7-10 working days, resulting in delay in provisioning of service to the Customer, the Company has the right to cancel the specified Goods from the Customer’s order and change the order status to “Returned”. The Price paid by the Customer (minus the Fee) will be returned to the latter to his Buyback Balance in the Meest China Personal Cabinet or to the Customer’s bank card (if there is a Customer’s application sent to the Company's e-mail [email protected]). A refund method is any legal method within Ukraine. The Parties have agreed that in this case, losses, damage, harm to the Customer will not be reimbursed by the Company. The Fee paid to the Company by the Customer is not returned to the latter.
2.4.3. The Company undertakes to accept the Goods to a warehouse in China, provided that the Goods are not damaged, corresponds to the data of the Customer’s order, and complies with the rules for the international transportation of goods. If the Goods are damaged, do not correspond to the data of the Customer’s order, do not comply with the rules for the international carriage of goods, the Company informs the Customer by updating the status in the Meest China Personal Cabinet to “Discrepancy”, indicates the reason for such inconsistency, and also provides a photo. In this case, the Company has the right to dispose of the Goods, for which the Customer gives it an irrevocable and unconditional instruction and consent. The Price paid by the Customer is not refunded to the latter, losses, damage, harm to the Customer are not reimbursed by the Company.
2.5. Customer’s rights and obligations (Buyback Service)
2.5.1. The Customer undertakes to promptly and in full provide accurate information necessary for the Company to provide the Buyback Service. In the event of a lack of such information or doubts about its reliability, the Company has the right to suspend the provision of the Buyback Service until the necessary information is clarified. In this case, the Goods are stored in the Company's warehouse in China for 1 month free of charge, after which the Company has the right to dispose of it, for which the Client gives it an unconditional instruction and consent. The Parties have agreed that in this case, losses, damage, harm to the Client will not be reimbursed by the Company.
2.5.2. The Customer undertakes to keep track of the status updates of his orders in the Meest China Personal Cabinet.
2.5.3. The Customer undertakes to immediately inform the Company of any changes that have arisen that may affect the proper and timely provision of services to the Customer by the Company - in order to provide the Company with the ability to respond promptly as part of the provision of the Buyback Services by the Company.
2.5.4. The Customer undertakes to pay the Company the Price for the Buyback Service on time and in full.
2.5.5. The Customer shall not have the right to use the Buyback Service to purchase any items, substances specified in the List of Prohibited Items, as well as any items, substances, the circulation of which is restricted or prohibited, as well as for the commission illegal actions/crimes.
2.6. The return and exchange basis, claims management (Buyback Service)
2.6.1. Should the Customer refuse the Buyback Service at the stage upon the Company paid the Products Value and before the stage of its delivery to the Company's warehouse in PRC, the Company contacts the Seller on this occasion having full and unconditional instruction and consent of the Customer.
If the Seller agrees to accept the Products back, the Company returns the Products' Value to the Customer (minus the Company's Fee). If the Seller refuses to accept sales returns, the Products are stored in the Seller's warehouse for one (1) month, during which the Customer has the right to pick it up using its own resources and at its own expense. If the Customer does not pick up the Products within one (1) month, it is to be disposed upon full and unconditional instruction and consent of the Customer. The Parties have agreed that in this case, losses, damage, harm to the Customer are not subject to reimbursement by the Company.
2.6.2. Should the Customer refuse the Buyback Service at the stage upon the Company has paid the Products Value and the cost of delivery to the Company's warehouse in PRC, the Price paid by the Customer will not be refunded to the latter. In this case, the Company shall notify the Customer about the location of the purchased Products, which the Customer has the right to pick up on its own (at its expense and using its own resources). The Parties have agreed that in this case losses, damage, and harm to the Customer are not subject to reimbursement by the Company.
2.6.3. If the Customer refuses the Buyback Service at the stage upon the Products purchased by the Company arrive at the Company's warehouse in PRC, the delivery cost, Fee, and the Products Value are not returned to the Customer. In this case, the Company shall notify the Customer of location of the purchased Products, which the Customer has the right to pick up on its own (at its expense and using its own resources) within one (1) month. If the Customer does not pick up the Products within one (1) month, it is to be disposed upon full and unconditional instruction and consent of the Customer. The Parties have agreed that in this case losses, damage, and harm to the Customer are not subject to reimbursement by the Company.
2.6.4. The Customer acknowledges that they fully understand that the Company does not act as a seller of the Products, therefore the Company does not bear the Seller's obligations to the Customer related to the return of Products as well as the return of paid funds for the Products to the Customer.
2.6.5. In the event that the Company has redeemed a Product different from that selected by the Customer, the Company issues a Return Products Request to the Seller and shall compensate the Customer for the Price for the Redemption Service in full. Refund is made to the Customer after a full refund of the Products Values by the Seller to the Company. The funds are returned to the Customer to their Redemption Balance in the Meest China Personal Cabinet or to the Customer's bank card (if an application from the Customer is sent to the Company's e-mail [email protected]). Refund method shall mean any legal method in the territory of the residence country of the Customer.
2.6.6. In the event that the Company has redeemed the Products, which turned out to be prohibited (according to the List of Prohibited Products and/or the List of Products that are prohibited from shipment by postal/courier services), the Price for the Buyback Service is not returned to the Customer, and the Products are subject to disposal, upon full and unconditional instruction and consent of the Customer.
2.6.7. In the event that the Company has redeemed the Products, but did not take into account the Customer's comment during the redemption, the Company has the right to contact the Seller on its own and, if the Seller accepts the return of the Products, issue a return.
2.6.8. All return/exchange transactions of the Products shall be conducted in full compliance with the Seller's terms and conditions, including but not limited to the terms, procedure, and a compensation amount. The Parties have agreed that in this case losses, damage, harm to the Customer are not subject to reimbursement by the Company.
2.7. Exemption clauses
2.7.1. The Parties have agreed that in the event that the true Products Value contained on the website www.meest.cn / Meest China Android / Meest China IOS mobile applications when ordered by the Customer differs from the price declared in the online stores www.taobao.com, www.1688.com, www.tmall.com, www.yangkeduo.com, the Company shall as soon as possible inform the Customer hereof in order to confirm or cancel the Products ordered by the latter. While it is not possible to contact the Customer, this Products redemption order shall be deemed canceled. The Parties have agreed that in this case losses, damage, harm to the Customer are not subject to reimbursement by the Company.
2.7.2. The Company shall not be liable for the Products' quality, the compliance hereof with the Customer's ideas, as well as for any other parameters that are not indicated in the online stores www.taobao.com, www.1688.com, www.tmall.com, www.yangkeduo.com. Also, the Company does not provide the Products purchased by the Customer with a guarantee (both in quality and in terms of an operational lifetime) in any form.
2.7.3. The Company shall not be liable for the compliance of the Products with the parameters (Products' name, color, size) indicated in the online stores www.taobao.com, www.1688.com, www.tmall.com, www.yangkeduo.com – in case of the Customer's refusal from additional services of the Company such as "Standard check" or "Photo report".
2.7.4. When completing a parcel with a Customer's Product in PRC, the Company only checks compliance by the photo of the Product and its quantity, as well as by the size and color indicated on the product and in the Customer's order. The Company bears responsibility for the conformity of the nominal size declared on the Seller's website and the size of the Products, indicated on the tags, labels.
When obvious discrepancies in the configuration, size and color of the Products are discovered, the Company shall replace such Products only if the Seller provides return and replacement of the Products.
2.7.5. The Company shall have the right to reimburse losses to the Customer at its request and only if the losses declared by the Customer are the result of mistakes made by the Company's employees. Provided, however, that the compensation amount cannot exceed the Company's service fee.
2.7.6. Refunds to the Customer at its request (to the extent required hereby) shall be carried out by the Company only net of all bank and payment systems fees related to the refunds to the Customer.
2.7.7. The translation of the name/description of the Product and its characteristics, the list of which is contained on the website www.meest.cn / in the Meest China Android / Meest China IOS mobile applications, is carried out automatically (by Google Translate and Microsoft Bing services). Claims in regards to incorrect translation (the Customer's understanding of the translation results) are not considered and accepted by the Company, as well as the Company bears no responsibility for the Customer's erroneous selection of the Products as a result of such translation, and the Company shall pay the Client no losses, damage, harm arising under such circumstances.
2.7.8. The Products, upon arrival at the Company's warehouse in PRC, are checked by a general external examination for compliance with the order (checking of the characteristics that are the criteria for choosing the Products and are indicated on the Seller's website) and for the absence of obvious defects. This check is performed exclusively as part of the Standard Check service, which is assigned by default to all orders. Should the Buyer independently cancel the verification of the Products in the Meest China Personal Cabinet, the Company bears no responsibility for the correctness of the Products' redemption and its quantity.
The Company does not check the genuineness of leather and fur, brand names, product quality (evenness of seams, glue residues, shades, etc.). This is outside the Company's responsibility.
If the Customer, within the framework of the Buyback Service, wishes to check the Products for performance, they shall have the right to order additional "Photo Report" service.
2.7.9. If the selected characteristics of the Products and the Customer's comment in the Meest China Personal Cabinet do not correspond to each other, then the priority is given to the characteristics of the selected Products and information thereon on the Seller's website, and the Customer's comment is considered an indication of a possible replacement of the Products.
In cases where the specified Products' characteristics in the Customer's comments are not a criterion for choosing the Products (the Seller does not provide for the choice of these characteristics), the Products are sent for approval, according to the information provided by the
Seller regarding thereof. The redemption of the Products occurs upon the Customer's confirmation.
If within 5 days a decision is not received from the Customer, the redemption of the Products is canceled by the Company unilaterally without compensating the Customer for any losses, damage, and harm.
2.7.10. In cases where the Products were lost at the Company's warehouse in PRC through the Company’s fault, the Customer is refunded the full Products Value (including the Fee and the cost of delivery to the Company's warehouse in PRC). The return of the Product's Value is carried out only if the Customer has a document confirming their payment for the Products and only within the framework of the Product's Value declared by the Customer in the Meest China Personal Cabinet.
2.7.11. When the Customer orders the Products that are prohibited from importing, the Company shall have the right to refuse to provide the Customer with the Buyback Service. In this case, the Customer's claims regarding the default of Products' delivery and its confiscation are not accepted by the Company, and the Price is not returned to the Customer. The Parties have agreed so when entering into this Contract and consider this clause fair and have undertaken to comply herewith.
2.7.12. The client undertakes to contact the Customer Support Service within 10 days from the date of the Buyback of the goods and the provision of the track number by the seller if the goods did not arrive at the warehouse or arrived with a discrepancy (wrong quantity, wrong color, goods with visible defects). Upon the expiration of this period, the Parties agreed that the claim from the Client will not be accepted, losses, damage, harm to the Client are not reimbursed by the Company.
SECTION III. FORCE MAJEURE
3.1. Each of the Parties shall not be held liable for partial or complete failure to fulfill
their obligations hereunder if this failure resulted from force majeure circumstances.
Force majeure circumstances (circumstances of insuperable force) are extraordinary
and inevitable circumstances that reasonably make it impossible to fulfill obligations (both in full and in part) under this Contract, including, but not exclusively:
- war, threat of war, armed conflict or serious threat of such a conflict, including, but not exclusively, blockades, military embargo, actions of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, actions of a public enemy, public unrest, acts terrorism, sabotage, piracy, public unrest, foreign invasions, blockade, revolution, coup d'etat, insurrection, uprising, riots, civil war, acts of civil disobedience, man-made disasters, nuclear disasters;
- imposition of a state of emergency in the country, an emergency, quarantine, curfew;
- exceptional weather conditions, including but not exclusively – natural disasters, earthquakes, floods, tsunamis, tornadoes, severe storms, cyclones, hurricanes, frosts, freezing of the sea, freezing of straits, freezing of ports, freezing of passes, earthquakes, lightning, fires, droughts, soil subsidence, landslides; heavy fog, heavy snowfall;
- ban (restriction) of export/import, sanctions, embargo, closure of sea straits, closure of air zones for flight, closure of ports;
- expropriation, forced confiscation, seizure of enterprises, requisition, public demonstrations, blockade, strike, accident;
- illegal criminal actions of third parties, which resulted in a fire, explosion, interruptions in the operation of transport, as well as other illegal actions;
- regulatory legal acts of state authorities and/or local self-government bodies, state laws that change the existing procedure for any transport, communications, the procedure for fulfilling obligations under any foreign economic transactions.
3.2. The Party affected is obliged to notify the other Party hereunder no later than 48 hours upon the occurrence of such circumstances. If the Company faces force majeure circumstances, it shall notify the Customer thereon by sending a message to the Meest China Personal Cabinet (or by updating the status in the Meest China Personal Cabinet) or to the Customer's email specified by them when registering in the Meest China Personal Cabinet. If the Customer faces force majeure circumstances, they shall notify the Company by e-mail: [email protected]
3.3. A document that confirms the occurrence of force majeure circumstances is a document issued by an authorized body of the country where the force majeure circumstances arose. The Parties have also agreed that if the Company encounters force majeure, then a document confirming these circumstances can be issued not only to the Company but also to a third party that the Company has involved to fulfill its obligations hereunder, and such a document is accepted by the Customer as confirmation.
SECTION IV. DISPUTE RESOLUTION, LEGISLATION
4.1. In the event of any disagreements and disputes related to the implementation of this Contract, the Parties shall settle them through negotiations.
4.2. In the case of impossibility to settle dispute through negotiations, disputes are settled in a manner prescribed by the current legislation of Ukraine, as well as under the regulatory provisions of Ukraine in force on the territory of Ukraine.
SECTION V. CONFIDENTIALITY. PERSONAL DATA
5.1. Information and any data received from the Customer hereunder may be used by the Company solely to fulfill the Company's obligations under this Contract.
5.2. The Customer gives full and unconditional permission to the Company to contact the Customer (by mobile phone, by e-mail) to clarify any issues related to the provision of services by the Company to the Customer hereunder. The Customer also gives permission to the Company to use the personal data provided by them, processing thereof in order to fulfill the Company's obligations hereunder.
5.3. The Customer confirms that they fully understand that the Company does not store the data of the Customer's bank cards, the validity periods thereof, as well as CVV codes therefor.
SECTION VI. MISCELLANEOUS
6.1. The terms and definitions used herein with a capital letter are specific terms and definitions and shall have the meaning defined therefor herein both in a single and in a plural meaning.
6.2. This Contract shall be deemed concluded between the Parties at the time of registration of the Customer in the Meest China Personal Cabinet (acceptance).
The Contract is effective from the moment of its conclusion until the Parties fully fulfill their obligations hereunder.
6.3. The Parties confirm that the content hereof does not contradict the moral foundations of society, civil law; parties to this Contract have the required amount of civil legal capacity; the will of the Parties hereto is free and voluntary act and deed; the Contract is aimed at the real onset of the legal consequences caused thereby; the Contract does not violate public order; the Contract was not concluded due to an error, difficult circumstance or extremely unfavorable terms; the Contract was not entered into under the influence of deception, abuse of trust or violence; the Contract was not concluded as a result of a malicious agreement between the representative of one Party and the other Party; the meaning of all words, terms and definitions herein is clear to the Parties and understood by the Parties in the same way.
6.4. The Parties confirm that execution hereof is their free and voluntary act and deed without any influence of third parties. Parties who have entered into this Contract are mentally stable. The Parties hereby confirm that the Contract has been concluded on favorable terms for each Party.
SECTION VII. Details of the Company
“Trade 44 Sp. z o.o.”
39-200 Dębica, 7 Drogovciów Street
Contact phone number: 534-24-95-697
KRS (National Court Register): 0000501663
REGON (Statistical Identifier): 147142223
EORI: PL5342495697
E-mail: [email protected]
TEL.: +48 146-818-484