Terms & Conditions
Welcome to ETOE, operated by SHIJIE TRADING LTD. (“ETOE”) and located online, at our ETOE website (e.g., www.etoeofficial.com or the “Site”), mobile app, and social media platform, and offline (e.g., through customer support channels, our retail locations, and in-person promotional activities) (collectively, the "Platform"). The following terms and conditions (the “Terms”) govern your use.
THE ARBITRATION AGREEMENT IN SECTION 11 (DISPUTE RESOLUTION) OF THE TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. THE ARBITRATION AGREEMENT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
You may not purchase commercial quantities of our products without our prior written consent, and we may place limits on your purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who violate this policy or any other part of the Terms. Except as may be previously and expressly authorized by us in writing, we also prohibit the offering, use, transfer, or acceptance of our products and gift cards for promotional purposes (e.g., as prizes in contests or sweepstakes) or in connection with any lottery, raffle or wagering scheme. We reserve the right to bar any users we suspect of violating this Section 2 (or any other provision of these Terms) from further use of the Services and to refuse, limit or cancel any related orders and/or suspend or cancel any related accounts. The inclusion of products on the Platform at any time does not guarantee that these products will be available for purchase. For more information about placing special orders, please contact email@example.com.
We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may, in our sole discretion, offer promotional codes at certain points in time, or for certain audiences. In the event such promo codes are enabled, promo codes should be entered during the checkout process to be valid. Discounts and discount thresholds exclude taxes and charges for shipping and handling. Discounts cannot be used in conjunction with any other offers.
ETOE may use a third party payment processor to process credit card transactions made through the Platform. The risk of loss and title for products purchased from ETOE pass to you upon our delivery to the carrier. All sales are subject to our shipping and return policies, which shall be made available to you on the Platform or other delivered to you with your purchased goods. We monitor return activity for abuse and reserve the right to limit returns or exchanges in all instances. All refunds are at ETOE' sole discretion.
2. General Restrictions on Use
You agree to use the Platform and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Platform, products, and Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.
You will not (and will not attempt to):
Access any of the Services by any means other than through the interface that is provided by ETOE, including:
(i) access, tamper with, or use non-public areas of the Services, ETOE’ computer systems, or the technical delivery systems of ETOE’ providers;
(ii) attempt to probe, scan or test the vulnerability of any ETOE system or network or breach any security or authentication measures; or
(iii) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ETOE’ or any of ETOE’ providers or any other third party (including another user) to protect the Services or Platforms;
Gain unauthorized access to ETOE’ computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Platform, the Services, ETOE’ networks and computer systems;
Access any of the Platform or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
Reproduce, mirror, duplicate, copy, sell, trade, or resell any aspect of the Platform, Services, or products for any purpose; and
Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by ETOE in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
As between you and ETOE, ETOE owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Platform (“Platform Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Platform Content. All Platform Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Platform Content. As between you and ETOE, all names, trademarks, symbols, slogans, or logos appearing on the Platform, products, or Site are proprietary to ETOE or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Platform Content, other than the right to use the Platform Content in accordance with these Terms.
Certain features of the Platform may allow you to contribute feedback and other information to the Platform for access, use, viewing, and commentary by other users of the Platform (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by ETOE on the Platform, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) constitute disclosure of any confidential information owned by any third party; or (d) constitute content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Upon your submission of Comments or other material or information to ETOE, and in consideration of your use of the Platform and other good and valuable consideration which you acknowledge, you grant ETOE a worldwide, perpetual, irrevocable, transferable, license to access, use, publish, adapt, translate, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever; and that you will indemnify ETOE for all claims resulting from content you supply. ETOE has the right but not the obligation to monitor and edit or remove any activity or content. ETOE takes no responsibility and assumes no liability for any content shared by you or any third party through the Platform. For avoidance of doubt, ETOE shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.
4. Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Platform, but, although not obligated to, may review, verify, make changes to or remove any Comments, Platform Content, or the Platform, including information submitted in connection with the Platform Content or other features at any time, with or without notice in our sole discretion.
5. Disclaimers and Warranties
ETOE reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. ETOE is not liable in case of stock outage or unavailability of products. We use reasonable efforts to display as accurately as possible the colors of our products that appear at the Platform, but we cannot guarantee that your computer monitor's or mobile device’s screen’s display of any color will be accurate.
ETOE expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Platform, Services, Platform Content, products, goods, advice, information or links provided on the Platform will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected; (iv) regarding the Platform Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Platform, Platform Content, products, goods, services, advice, or information displayed on the Platform will meet your requirements; and (vi) that the Platform will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Platform shall create any warranty not expressly stated in these Terms.
You understand that the technical processing and transmission of any Platform Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Platform will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Platform or the Internet, including, for example, personal information such as your name or address. ETOE assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Platforms, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Platforms.
ETOE shall have no liability to you for any damages, delays, or failure in carrying out its obligations to any customer for reasons beyond ETOE’ control, including without limitation, fire, lightning, explosions, power surge or failure, water, acts of God, war or terrorism, natural disasters, labor unrest, charges in or compliance with laws, revolution, civil commotion, laws, regulations, or governmental policies, and shortages of supplies and services. ETOE may extend delivery of an order so affected without liability to the customer except for the return of any payment made by the customer to ETOE with respect to any undelivered portion of the order so cancelled.
You should consult your doctor before beginning any exercise, training or athletic program. ETOE is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Platform, Platform Content, products and/or Services except to the extent that they are expressly set out in these Terms.
6. Limitation of Liability
IN NO EVENT WILL ETOE BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL ETOE’ LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ETOE AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
Without limiting the foregoing, you understand and acknowledge that ETOE shall not be liable to you for:
- Any indirect, incidental, special, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Platform, products, or Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or
- Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Platform, products, or Services; (ii) any changes that ETOE may make to the Platform, products, or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Platform or the Services; (iv) the use of any products or services obtained on or through the Platform; or (v) any other matter relating to the Platform, Services, Platform Content, or Comments.
The limitations on ETOE’ liability to you in this Section 7 shall apply whether or not ETOE has been advised of or should have been aware of the possibility of any such losses arising, and will survive these Terms and your use of the Platform, products, and Services.
SHIJIE TRADING LTD
Company number: 10377515
Registered office address: 29-30, Frith Street, London, England, W1D 5LG(This is NOT a returning address)