XTEINK Terms of Service
OVERVIEW
This website is operated by XTEINK LIMITED ("the Company", "we", "us" or "our"), a company registered in Hong Kong, with its registered office at Genplas Industrial Building, 56 Hoi Yuen Road, Kwun Tong, Kowloon, Hong Kong. Throughout the site, the terms “we”, “us” and “our” refer to XTEINK. XTEINK offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. Before you place an order, we will provide you, in a clear and comprehensible manner, with the main characteristics of the products, the total price inclusive of VAT and any delivery charges, the arrangements for payment and delivery, your statutory 14-day right of withdrawal and the model withdrawal form, who bears the cost of returning the goods, the legal guarantee of conformity, and how to lodge a complaint. The order button will clearly indicate an obligation to pay, and we will send an order confirmation on a durable medium. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We may refuse or cancel an order only on reasonable and objective grounds, such as suspected fraud, suspected resale, an obvious pricing or system error, or a legal restriction on the sale, and we will inform you without undue delay. If you have paid for an order we refuse or cancel, we will refund all amounts paid, including delivery charges, without undue delay and in any event within 14 days.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make every effort to keep the information on this site accurate, complete and current, and we will correct any inaccuracy without undue delay. This does not affect our obligation to supply products that conform to their description, or any of your statutory rights set out in Section 21. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices are shown inclusive of VAT, other applicable taxes, and delivery charges before you place your order, and the price displayed when you place your order will not be increased afterwards. Where we announce a price reduction, we will state the lowest price applied by us in the preceding 30 days. We may modify or discontinue the Service, but orders already accepted by us will not be affected, and if we cannot supply a product you have paid for, we will refund all amounts paid without undue delay and in any event within 14 days.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. Returns, refunds, your statutory right of withdrawal and the legal guarantee of conformity are governed by our Return, Refund & Warranty Policy and by the mandatory law of your country of residence, which prevail over anything to the contrary in these Terms. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may refuse or cancel an order only on the objective grounds set out in Section 2 and will inform you without undue delay; if you have paid, we will refund all amounts paid, including delivery charges, without undue delay and in any event within 14 days. This does not affect your statutory right of withdrawal. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you grant us a non-exclusive, worldwide, royalty-free licence to reproduce, publish and display your comments for the purpose of operating and promoting our store while they are displayed. You retain all rights in your comments, and where a submission contains your name, image or voice we will use it for marketing purposes only with your separate consent, which you may withdraw at any time. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which explains what personal data we collect, why and on what legal basis, who receives it, any transfers outside the EEA and the safeguards applied, how long we keep it, and your rights under the GDPR, including how to complain to a supervisory authority.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. If we discover an obvious error in the price or in the description of a product after you have placed an order, we may cancel that order provided that we notify you without undue delay and refund every amount you have paid for it, including delivery charges, without undue delay and in any event within 14 days. This does not affect your statutory rights, including your rights where a product does not conform to the contract.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, to the extent permitted by mandatory law, and subject always to the legal guarantee of conformity under Directive (EU) 2019/771, under which we are liable for any lack of conformity of the goods appearing within two years of delivery (or such longer period as your national law provides), and any lack of conformity appearing within one year of delivery is presumed to have existed at that time. Nothing in this section limits your statutory rights.
Where we are liable to you, our total liability in connection with any product is limited to the amount you paid for that product and our total liability in connection with the Service is limited to €0, and we are not liable for indirect or consequential loss, loss of profit or loss of data not caused by our breach. Nothing in this section excludes or limits our liability for death or personal injury caused by our negligence, for damage to property caused by a defective product, for fraud, for wilful misconduct or gross negligence, or for any liability that cannot lawfully be excluded or limited under the law of your country of residence.
SECTION 14 - INDEMNIFICATION
You agree to indemnify us against third-party claims arising from your unlawful use of the Service or your material breach of these Terms, to the extent the claim results from your fault. This does not apply where the claim arises from our own breach, negligence or wilful misconduct, or from your exercise of any statutory right as a consumer, and is limited to the loss actually suffered by us and proven.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
We may suspend or terminate your account or your access to the Service where you materially breach these Terms and fail to remedy the breach within a reasonable period after our notice, or where we are required to do so by law. You are then liable only for amounts due in respect of services actually provided. Termination does not affect your statutory right of withdrawal, your rights under the legal guarantee of conformity, your right to a refund of amounts paid for products or services not supplied, or any obligation of ours accrued before termination.
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Where any provision of these Terms is ambiguous, it will be interpreted in favour of the consumer, as required by Directive 93/13/EEC.
SECTION 18 - GOVERNING LAW
These Terms of Service are governed by and construed in accordance with the laws of Hong Kong, provided that nothing in these Terms deprives you, as a consumer, of the protection afforded to you by the mandatory provisions of the law of your country of habitual residence, in particular the consumer protection rules implementing Directives 2011/83/EU, 2019/771/EU and 93/13/EEC, which apply irrespective of this choice of law. As a consumer, you may bring proceedings in the courts of your place of habitual residence, and we may bring proceedings only in the courts of the Member State in which you are domiciled.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We may update these Terms from time to time. Material changes will be published on this page and, where we hold your contact details, notified to you at least 30 days before they take effect. Changes do not apply retroactively to orders already accepted by us and do not affect your statutory rights; If you do not accept them, you may stop using the Service at any time without charge. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - YOUR STATUTORY RIGHTS AS A CONSUMER
Nothing in these Terms excludes, restricts or otherwise affects any right you have under the mandatory consumer law of your country of habitual residence, including the rules implementing Directives 2011/83/EU, 2019/771/EU and 93/13/EEC, which prevail over any conflicting provision of these Terms. The remaining provisions continue to apply in full. Right of withdrawal. As an EU/EEA or UK consumer, you may withdraw from your purchase within 14 days of taking physical possession of the goods, without giving any reason, by a clear statement to support@xteink.com. We will reimburse all payments received, including the cost of our least expensive standard delivery, within 14 days of your notice, and may withhold the refund until we have received the goods back or you have supplied evidence of having sent them back. You bear the direct cost of returning the goods and are liable for any diminished value resulting from handling beyond what is necessary to establish their nature, characteristics and functioning. Full details are in our Return, Refund & Warranty Policy. Legal guarantee of conformity. Under Directive (EU) 2019/771 we are liable for any lack of conformity of the goods existing at delivery which becomes apparent within two years of delivery, or such longer period as your national law provides; any lack of conformity becoming apparent within one year of delivery is presumed to have existed at that time. Your remedies, in the order set out in your national law, are repair, replacement, a proportionate price reduction or termination of the contract with a refund, and repair or replacement is free of charge.
SECTION 21 - CONTACT INFORMATION
We will acknowledge complaints within 5 working days and provide a substantive reply within 5 days.
Questions about the Terms of Service should be sent to us at support@xteink.com.