TERMS OF SERVICE
1.1 You are deemed to have consented and accepted our Terms of Service when you use, browse, scroll and make purchases on our Site in full and unconditionally.
1.3 The “Services” we provide or make available include (i) browsing our website with information, product details, pictures or photographs of goods available for sale and (ii) offer for sale of any goods displayed with price tag on our website. Any new features added to or augmenting the Services are also subject to these Terms of Service.
1.4 The actual contract for sale is solely between you (“Buyer”) and us (“Seller”), Amazon is not a provider of the Site or Services or the seller of any goods made available through the Site or Services and is not a party to any contract or agreement between Buyer and Seller (including these Terms of Service). Amazon accepts no obligations in connection to the Site, Services, goods, or any transactions with you or contract or agreement between you and us. Buyer and Seller are entirely responsible for all transactions and the terms of agreements entered into between them, including the listing of goods, warranties, and the like.
1.5 You represent and warrant that you are at least 18 years of age or the legal age under the applicable laws in your country to give consent and to use, browse, purchase and transact with us; and by using our website or agreeing to these Terms of Service, you warrant and represent to us that you have fulfilled th[is]/[es] requirement[s].
1.6 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or as required by local laws at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site.
1.7 Access to and use of password protected and/or secure areas of our Site and/or use of the Services are restricted to our users with registered Accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of our Site and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. We reserve the right to refuse to provide you access to the Site or Services or to allow you to open an account for any reason.
(i) consent to TES's collecting, using, disclosing and/or processing of your Content, personal data and User Information. For purposes of fulfilling your order purchase on our Site, we will only collect your full name and delivery address to perform the transaction upon your order placement and make purchase on our Site;
(ii) agree and acknowledge that the proprietary rights of your User Information belongs to you and only your full name and delivery address will be captured and stored in our system as necessary to complete the transaction between Seller and Buyer; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without your consent.
2.2 Our Services require registration for an Account with a user login ID and password, and you agree to provide certain personal information necessary to complete the registration for purpose of the completing the purchase.
3. Intellectual Property Rights
3.1 You acknowledge and agree that all proprietary content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed on the Site are property of TES and where applicable, third party proprietors identified in the Site.
3.3 You acknowledge and agree that no right or licence is granted directly or indirectly to any party (including you), in accessing the Site to use or reproduce any Intellectual Property or claim any right, title or interest therein.
3.4 By using or accessing the Services, you agree to comply with Intellectual Property laws including but not limited to the laws in the local country where you reside. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create or otherwise do any act that may infringe the derivative works of any portion of the Services, the Site or Intellectual Property belonging to TES.
3.5 You may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site (including for the avoidance of doubt any Intellectual Property) on any other server or as part of any other website.
3.6 You may only use our website for your own personal purpose, you must not edit or otherwise modify any material, exploit any material or our Intellectual Property from on our website for your personal gain.
4.1 We grant you a royalty-free, non-exclusive, revocable, and non-transferable [limited and revocable] license to access and use the Services subject to these Terms of Service unless revoked. This license will be revoked without notice, if you fail to comply with any of the Terms of Services or when any such revocation events occur.
4.2 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by us;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website;
(e) access or otherwise interact with our website using any robot, spider or other automated means or interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services which contemplates or contradicts with the applicable laws;
(f) violate the directives set out in the robots.txt file for our website;
(g) harvest or collect any data from our Site about or regarding other Account holders, including personal data or information;
(h) use our website to copy, store, host, send, use, publish, distribute, upload, email, post, transmit or otherwise make available any material that contains or linked to any spyware, software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(i) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury; or
(j) use our Site for any illegal purpose or impersonate any person and/or use any other person’s account to access our Site or otherwise misrepresent your affiliation with any person or entity.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, or for registering an account is true, accurate, current, complete and non-misleading or violates any applicable laws.
5. Goods for Sale
5.1 The advertising of goods available on our Site constitutes an “invitation to treat” rather than a contractual offer. Once you place an order to purchase by completing the order form on the Site by clicking “confirm”, “place my order”, “agree”, “pay”, “sign up”, “yes” button or any similar action on our Site to give your consent and confirmation to make a purchase and complete your payment, the action will constitute to a binding contract between you as the Buyer and us as the Seller. All contracts entered between the Buyer and the Seller will be deemed as a binding contractual relationship and orders made by you are deemed irrevocable and unconditional. We will process your order without further consent, reference or notice to you unless you have requested us within a reasonable time to cancel or amend your order in which event we will use reasonable commercial efforts to respond to your request on a no-obligation basis.
5.2 We may periodically change the goods available on our Site, and we do not undertake to continue to supply any particular product or type of product. All our goods displayed are for illustration purposes only, the actual products or goods received may vary from the display shown on our Site
5.3 Prices stated on our website may be subject to change without notice.
5.4 The sale and purchase of goods through our website will be subject to the terms and conditions of sale on the purchase order or invoice, and you agree to accept the terms stipulated each time you make a purchase and complete your payment on our website.
5.5 All orders made on our Site are subject to Seller’s acceptance in its sole discretion and you acknowledge that your order may not be fulfilled and Seller reserves the right to decline to process or accept any order placed on the Site in its absolute discretion.
6. Amazon accounts
6.1 Your Amazon account will be used to log into our Site. It is your responsibility to ensure that you hold the necessary access rights, maintain a valid Amazon account and have the legal right to use the Amazon account assigned to you.
6.2 We do not maintain your Amazon account and for all purchases on our Site, you will pay via your AmazonPay account which is a payment gateway solely owned by Amazon.
6.3 We do not and will not operate your Amazon account and your AmazonPay account. It is your responsibilities to ensure that you comply with all terms and conditions of Amazon in maintaining your Amazon account including but not limited to:
(a) keeping your password confidential at all times and ensure that you log out from your Amazon account at the end of each session on the Site;
(b) ensuring that your account information is accurate, up-to-date, and secured and that you have the necessary security software to protect your computer or any electronic devices when accessing our website.
6.4 You must notify Amazon immediately if you become aware of any unauthorised use of your Amazon account, user ID and password. In such event we reserve the right to suspend or terminate your further usage of our Site without notice.
6.5 You acknowledge and agree that you are fully responsible for the use of, and all activities associated with and/or linked to your Amazon account even if such use or activities were not actioned or authorised by you. We or Amazon will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this clause.
6.6 Your order of purchase will be confirmed when you click on the “confirm”, “place my order”, “agree”, “pay”, “yes” button or any similar action on our Site, complete your payment via AmazonPay and receive a confirmation email from us.
7. Cancellation and suspension of account
7.1 You agree that we may for any reason, in our sole discretion and with or without notice or liability to you or any third party, immediately terminate your access to our Site.
7.2 You agree that we may suspend, remove, edit or discard from the Site or cancel any transactions, withhold your purchase made on our Site, and/or take any other actions that we deem necessary at any time in our sole discretion without notice or explanation.
7.3 If you attempt a transaction and your Amazon account is not operable (for example, due to suspension, termination or otherwise), you are responsible and liable for the transaction (whether commenced prior to or after such termination) and all payments in connection with the transaction.
8. Purchase and Payment
8.1 We support payment by AmazonPay only. Unless otherwise stated, you are responsible for all taxes, delivery fees, any importation or exportation charges (if applicable) for every purchase on our Site.
8.2 You are to ensure that you have registered for a working AmazonPay account and have sufficient fund in your AmazonPay account before making a purchase on our Site.
8.3 We take no responsibility and assume no liability for any loss or damages to you (as the Buyer) arising from shipping information and/or payment information entered by you or wrong remittance by you in connection with the payment for the items purchased on our Site.
8.4 We reserve the right to check and verify whether you are duly authorised to use the payment method and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
8.5 Where you have an account registered with us on our Site and AmazonPay, you authorise us to disclose information to AmazonPay as is necessary for AmazonPay to provide the payment gateway services to you, including but not limited to any payment details associated with your account registered on our Site or your AmazonPay account.
8.6 You agree that you will not do any unlawful activity, or attempt to do anything unlawful before or during course of the transaction, or violates any applicable laws at any time when any purchase on our Site.
9. Representations and Warranties
9.1 You represent and warrant that:
(a) you have the legal capacity, the right and the ability to enter into these Terms of Service and to comply with its terms; and
(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
9.2 You further represent that you:
(a) are gainfully employed as an employee of Amazon or an Amazon affiliate;
(b) hold a valid and existing Amazon account (including AmazonPay) and have the legal right to use the Amazon account (including AmazonPay) assigned to you; and
(c) are in compliance with all terms and conditions provided by Amazon in maintaining your Amazon account (including AmazonPay).
9.3 You represent and agree that Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for TES, Amazon, and their respective affiliates.
9.4 You represent and agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act.
10. Warranty of Goods
10.1 The warranties with respect to goods offered for sale on our Site w is limited to the greater of a maximum of 30-days warranty period or the minimum amount required by Law. Except as expressly provided in the description of the warranties and conditions or the applicable inherited warranty period in the goods offered for sale, TES excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the goods supplied to the fullest extent.
11. Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our Site;
(b) that the material on the Site is up to date; or
(c) that the Site or any Service on the Site will remain available.
11.2 We reserve the right to discontinue or alter any or all of our Services on our Site, and to stop publishing our Site, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Services on our Site, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Services and the use of our Site.
12. Limitations and exclusions of liability
12.1 To the maximum extent permitted by applicable law, in no event shall we, or Amazon, or our respective affiliates be liable whether in contract, warranty, tort (including, without limitation, negligence, product liability, strict liability), or other cause of action at law, in equity, by statute or otherwise, for:
(i) loss of use; loss of profits; loss of revenues; loss of data or corruption of your any data, database or software; loss of good will; loss of business opportunities or failure to realise anticipated savings, in each case whether direct or indirect at every purchase from our Site; or
(ii) any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use our Site or the Services provided by us, including, without limitation, any damages resulting from, in connection with or a consequence of continued usage of our Site or any events beyond our controls despite our reminders to the users of our Site.
12.2 You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services is to request for a refund of the payment made pursuant to your purchase (with justification in acceptable form), termination of your account and/or discontinue any use of the Services. To the extent that our Site, the information, and the Services on our Site are provided free of charge, we will not be liable for any loss or damage of any nature.
12.3 If we or Amazon or any of our respective affiliates are found by a court of competent jurisdiction to be liable, then, to the maximum extent permitted by applicable law, its maximum aggregate liability to you or to any third party is limited to the greater of: (a) any amounts due and payable to you pursuant to the last purchase made by you on our Site; and (b) USD100 only.
12.4 Nothing in these Terms of Service shall limit or exclude any liability for death or personal injury resulting from negligence, fraud, fraudulent misrepresentation or for any other liabilities not permitted by applicable law.
12.8 You acknowledge that we are a limited liability entity and you agree that you will not bring any claim personally against our affiliates, officers or employees, or any officers and employees of our affiliates in respect of any losses you suffer in connection with the use of our Site or these terms and conditions except for the liability of the limited liability entity itself for the acts and omissions of our officers and employees. Similarly, you agree that you will not bring any claim against Amazon or its affiliates, officers, or employees, or any officers and employees of its affiliates in respect of any claims or losses you suffer in connection with the use of our Site, Services, any transactions conducted or attempted through the Site, goods obtained through the Site, or these Terms of Service or your reliance on [our Site]/[the same].
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these Terms of Service , if you breach these Terms of Service in any way, or if we reasonably suspect that you have breached them in any way, we may, as we deem fit and proper, send you one or more formal warnings; temporarily suspend your access to our website; permanently prohibit you from accessing our website; block computers using your IP address from accessing our website; contact any or all your internet service providers and request that they block your access to our website; commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account on our website.
14. Third party websites
14.1 Our Site includes hyperlinks to other websites owned and operated by third parties. Third party links provided throughout the Site will let you leave this Site. Such hyperlinks are provided as a courtesy and does not constitute to our recommendation. We have no control over third party websites and their contents in any manner whatsoever and you therefore access them at your own risk. Subject to Section 13.1, we accept no responsibility for them or for any loss or damage that may arise from your use of them.
14.2 We are in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. We are providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by TES and its affiliates of any linked site and/or any of its content therein.
15.1 We may revise these Terms of Service from time to time.
15.2 The revised Terms of Service will apply to the use of our Site from the date of their publication on our Site, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the Terms of Service
15.3 In certain circumstances, we may ask for your express agreement to any revision of these Terms of Service and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions to provide Services to you.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions to another party without our consent.
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Third party rights
18.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party. Nothing in this terms and conditions shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
18.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
19. Law and jurisdiction
19.1 These terms and conditions stated under this Terms of Service (including contractual or non-contractual obligations) shall be governed by and construed in accordance with the laws of Washington State.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts in King County Washington.
20. Entire agreement
20.1 Subject to Section 13.1, the terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of you and us with respect to the Services and the Site and supersede any previous agreement or understanding between us in relation to such subject matter. [You and we also hereby exclude all implied terms in fact.] In entering into the agreement formed by these Terms of Service, you and we have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. You and we both irrevocably and unconditionally waive all claims, rights and remedies which but for this Section we might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
21. Our details
21.1 This website is owned and operated by TES USA, Inc., part of TES group of companies.
21.2 We are registered in United States of America under registration number EIN 99-0369518, and our registered office is at 5238 Royal Woods Parkway, Suite 110, Tucker, GA 30084, U.S.A.
21.4 For any technical and customer service support, complaints or enquiries about the Terms of Service and Services, please contact us using our contact form available on Site, by email to AmazonRL@tes-amm.com or by telephone on (425) 505-3159.
21.5 For all legal notices, please send by email to firstname.lastname@example.org clearly headed “FAO: TES Legal Department”.
22.1 Seller should make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site. Unless otherwise agreed between the Seller and the Buyer, the Buyer shall bear all costs for delivering the purchased good and the associated shipping fees.
22.2 In the event where the purchased good is damaged, lost, not working, or failed to deliver by the logistic service provider, the Buyer may contact the Seller and provide assistance as may be necessary to enable the Seller to reach out to the logistic service provider to resolve such dispute.
22.3 For cross-border transaction, users of our Site understand and acknowledge that, where a product listing states that the goods will ship from overseas, such product is being sold from outside of the country, and the importation and exportation of such product is subject to local laws and regulations. Users acknowledge that we cannot provide any legal advice in this regard and agrees that we shall not bear any risks or liabilities associated with the import and export of such goods.
23.1 The Services are provided "as is" and without any warranties, claims or representations made by TES, Amazon, or each of their respective affiliates of any kind either expressed, implied or statutory with respect to the Services, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the foregoing and to the maximum extent permitted by applicable law, TES and Amazon and their respective affiliates do not warrant that the Services, this Site or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Site and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
23.2 You acknowledge that the entire risk arising out of the use or performance of the Site and/or the Services remains with you to the maximum extent permitted by applicable law.
24. General Provisions
24.1 TES and its affiliates, including TES USA, Inc. reserves all rights not expressly granted herein.
24.2 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and us. We do not represent Amazon or its affiliates and we make no promises, representations, or warranties on their behalf.
24.3 The failure at anytime or times to require performance of any provision hereof by us shall in no manner affect our rights at a later time to enforce the same unless it is waived in writing.
24.4 The term “Amazon” shall refer to Amazon.com Services LLC and “affiliate” means any entity that is controlled by, under the control of, or under common control with Amazon.com Services LLC.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “CONFIRM”, “PLACE MY ORDER”, “AGREE”, “PAY”, “SIGN UP”, “YES” OR “CONNECT WITH FACEBOOK” “BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
RETURNS AND REFUNDS ANNEX
1.1 This policy shall apply to all of our customers who use our Site, irrespective of their geographical location.
1.2 This policy shall apply to all orders submitted through our website who has completed the purchase and made payment.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1 You are entitled to return goods purchase from our Site to us and receive a refund in accordance with this policy if:
(a) we receive the returned product within 30 days following the date of dispatch of the product to you;
(b) the returned product is unopened, unused, in its packaging (with any seal or shrink-wrap intact), with any labels still attached, and otherwise in a condition enabling us to sell the product as per original sale;
(c) you comply with the procedure set out in this policy in relation to the return of the product.
3. Return procedure
3.1 In order to take advantage of your rights under this policy, you must contact us to obtain a return authorisation number, and then send the product to us with a covering note quoting that number.
3.2 Products returned under this policy must be sent to the closest TES facility as advised by our customer support team
3.3 You will be responsible for paying postage costs associated with returns under this policy.
4.1 The following kinds of products may not be returned under this policy (to the extent applicable):
(a) DVDs, CDs and other audio or video or audio-visual recordings;
(b) computer software (whether on CD-ROM, DVD-ROM or otherwise);
(c) any product made to your specification;
(d) any product made to order;
(e) any product personalised or adapted for you;
(f) gift vouchers; or
(g) items tampered with or damaged during your possession.
5.1 We will refund any money received from you using the same method originally used by you to pay for your purchase. In this instance, we will give you a refund through AmazonPay for the amount you paid to us in respect of any goods properly returned by you in accordance with this policy.
5.2 We will not refund to you any costs you incur in returning the goods to us or any charges incurred by AmazonPay for the difference in exchange rate, service charges or taxes.
5.4 We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.
6. Improper returns
6.1 If you return goods in contravention of this policy or we reasonably believe that you have not met the eligibility to return, refund or exchange in respect of that goods purchased and delivered to you:
(a) we will not refund the purchase price or exchange the goods;
(b) we may retain the returned goods until you pay to us such additional amount as we may charge for re-delivery of the returned goods; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned goods in our sole discretion without any liability to you.