[TIENS UK Ltd]
[Registration No.: 4252606]
WEBSITE TERMS AND CONDITIONS OF SUPPLY
Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in paragraph 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms, which will apply at that time.
1. INFORMATION ABOUT US
1.1 We operate the website [www.tiens.co.uk]. We are [TIENS UK Ltd.], a company registered in United Kingdom under company number 4252606 and with our registered office at Unit 1 Colindale Business Centre, 126-128 Colindale Avenue, London NW9 5HD.
Our VAT number is GB 815351447
1.2 To contact us, please see the following contact information:
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. USE OF OUR SITE
3.1 Your use of our site is governed by our Terms of Website Use. Please take the time to read this, as it includes important terms
3.2 You may only purchase Products from our site if you are at least 18 years old and if you are legally capable of entering into binding contracts.
3.4 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Trading Standards office. Nothing in these Terms will affect these legal rights.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 For the steps you need to take to place on order on our site, please see our web page.
5.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 7.4.
5.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in paragraph 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We may revise these Terms from time to time in the following circumstances: (a) changes in how we accept payment from you; and (b) changes in relevant laws and regulatory requirements.
6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.3 Whenever we revise these Terms in accordance with this paragraph 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
Some services offered on our website require the usage of a login name and a password (“Login details”). These Login details are only for your personal use, must not be shared with other individuals and kept confidential at any time. The input of Login details must be accurate and complete. We reserve the right to accept and withdraw the Login details. Inform us immediately when you have security concerns regarding your Login details or have knowledge about any misuse of them.
7. YOUR CANCELLATION AND REFUND RIGHTS
7.1 You have a legal right to cancel a Contract during the period set out below in paragraph 7.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your Trading Standards office.
7.2 However, this cancellation right does not apply in the case of: (a) any pre-ordered
products; (b) Products with security seal which you have opened or unsealed.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day after the day you receive the Products.
7.4 To cancel a Contract, you must contact us in writing by sending an e-mail to email@example.com . You may wish to keep a copy of your cancellation notification for your own records.
7.5 If Independent Distributor terminates Distributor agreement more than 14 days after entering into it or if Tiens terminates Distributor agreement, Independent Distributor:
7.5.1 shall have no further contractual obligation to Tiens except under provisions which expressly or by implication endure beyond that point, and may cancel any outstanding personal orders and immediately receive a full refund of any prepayment for orders not received.
7.5.2 may return (at Tiens’ expense) any original, unused, and commercially re-saleable goods purchased from Tiens within 90 days prior to such termination and Tiens will give Independent Distributor a full refund of the VAT inclusive price of such goods less commissions generated, less commissions generated less 10% handling charge (which will not be levied if Tiens terminates Distributor agreement), and any diminution in the value of the goods returned to Tiens in a deteriorated or non-merchantable condition provided that such products and/or services were not purchased or acquired in breach of Distributor agreement;
7.6 If you have returned the Products to us under this paragraph 7 because they are faulty or miss-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.7 We refund you on the credit card or used by you to pay.
7.8 If the Products were delivered to you: (a) you must return the Products to us as soon as reasonably practicable; (b) unless the Products are faulty or not as described (in this case, see paragraph 7.6), you will be responsible for the cost of returning the Products to us; and (c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
7.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
7.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this paragraph 7 or these Terms. Advice about your legal rights is available from your Trading Standards office.
8.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (as defined in paragraph 13.2). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
8.2 Delivery will be completed when we deliver the Products to the address you gave us.
8.3 The Products will be your responsibility from the completion of delivery.
8.4 You own the Products once we have received payment in full, including all applicable delivery charges.
9. INTERNATIONAL DELIVERY
9.1 As a part of our standard service we provide delivery within the UK, however we may arrange delivery within the EU upon prior arrangements.
9.2 You may place an order for Products from outside of the UK, but this order must be for delivery to an address within the UK or EU.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see paragraph 10.5 for what happens in this event.
10.2 Prices for our Products may change from time to time, but changes will not affect any order, which we have confirmed with a Dispatch Confirmation.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate in the UK (20%). However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.
10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11. HOW TO PAY
11.1 You can only pay for Products using a debit or credit card. We accept the following forms of payment: [Visa, MasterCard, PayPal, eWallet]
11.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit or credit card until we dispatch your order.
12. OUR LIABILITY
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable]. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
For all the content and material published on our website you have to acknowledge and to agree, that its intellectual property rights are owned or licensed by the Company. Thus all content and works are protected by worldwide copyright laws and treaties. All rights are reserved.
Distributors must use the content and (download) materials published on our website only for the purpose of the website usage and promoting their Tiens business. Any other use of the above mentioned materials is strictly forbidden. Additionally you are not allowed to assist a third party to reproduce, copy, publish or transmit our materials or to use them for other commercial activities.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in paragraph 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport].
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14. COMMUNICATIONS BETWEEN US
14.1 When we refer, in these Terms, to "in writing", this will include e-mail.
14.2 If you wish to contact us in writing, or if any paragraph in these Terms requires you to give us notice in writing, you can send this to us by e-mail to firstname.lastname@example.org or by pre-paid post to Tiens UK Ltd at Unit 1 Colindale Business Centre, 126-128 Colindale Avenue, London NW9 5HD, UK. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are exercising your right to cancel under paragraph 7, please see that paragraph 7 for how to tell us this.
14.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.7 We will not file a copy of the Contract between us.
Consent to the transfer of personal data to a third country
The Company that collects data: TIENS UK Limited
§ 1 Purpose of data processing:
for the countries: China (processing), Singapore (server), USA (server)
In order to ensure the settlement of commission payments under the agency agreement, the following data must be collected, transmitted and thus processed:
Consultant ID, consultant name, position in the consultant structure (sponsor ID and name) as well as sales figures, buyer ID.
The data will be transmitted to the following companies:
TIENS Group, No. 18 Xinyuan Road, Wuqing Development Zone, Tianjin Hi-Tech Industrial Park,
Amazon Web Services, Inc., 410 Terry Avenue North, Seattle WA 98109, United States (data centers in Singapore and USA)
§ 2 Adequacy Decision:
For the countries China and Singapore there is currently no adequacy decision of the EU Commission within the meaning of Article 45 (1), 3 of the Basic Data Protection Regulation (DSGVO). This means that the EU Commission has not yet positively determined that the country-specific data protection level of this country corresponds to that of the European Union due to the DSGVO.
§ 3 Suitable guarantees:
The DSGVO requires so-called suitable guarantees for the transfer of data to a third country, Art. 46 para. 2, 3 DSGVO. Such guarantees may not be available for the above-mentioned countries. For example, internal company data protection regulations approved by a supervisory authority and standard EU agreements are currently not implemented by the subcontractor.
§ 4 Possible risks:
Possible risks that cannot currently be excluded for the consultant in connection with the aforementioned paragraphs are in particular:
-Your personal data could possibly be passed on to other third parties beyond the actual purpose of fulfilling the order, e.g. using your data for advertising purposes.
-You may not be able to assert or enforce your rights to information against subcontractors on a sustained basis.
-There may be a higher probability that incorrect data processing may occur, as the technical and organizational measures taken to protect personal data do not fully meet the requirements of the DSGVO in terms of quantity and quality.
§ 5 (Consent / revocation)
I expressly agree with the transfer of my personal data mentioned under § 1 to the countries China, Singapore and USA for the settlement of commission claims. I can revoke this consent vis-à-vis TIENS UK Limited as the responsible entity at any time. A revocation does not affect the lawfulness of the processing carried out on the basis of the consent up to the revocation. In this case, the TIENS UK Limited cannot fulfil the commercial agent contract and therefore does not close it or is entitled to terminate the contract with me immediately.
BY AGREEING TO TIENS UK TERMS AND CONDITIONS I ALSO AGREE WITH THE TRANSFER OF MY PERSONAL DATA MENTIONED IN THE ABOVE CONSENT.