By using our Services or communicating with us by email, you agree to receive communications from us electronically, whether by email or by posting notices on the Website and that such electronic communications satisfy all legal requirement that such communications be in writing.
2. PROHIBITIONS AND FAILURE TO COMPLY
We may take actions against your account for activities including, but not limited to:
- Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way
- Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material
- Advertising or sending unsolicited messages
- Impersonating others or providing any kind of false information
- Infringing any third party rights (including the intellectual property rights of any other person or entity).
3. INTELLECTUAL PROPERTY
All software and Content (which is defined as, or includes, any text, audio or music, video, graphics, photographs, digital downloads, compilations, images, all trademarks, service marks, logos, trade and business names, indicia, domain names) are the intellectual property of GIN HUANG Gallery or its licensors or content suppliers and are protected by intellectual property and copyright laws and international treaty provisions. Subject to your compliance with these TOS and applicable payment of money, you have a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of all graphics, illustrations and photos. Any non-personal and/or commercial use of the graphics, illustrations, and photos is only permitted when expressly authorised by GIN HUANG Gallery and/or its third party licensors. You may not download, copy, distribute, reproduce, publish, sell or license any Content contained within the Website without prior consent or authorization of GIN HUANG Gallery. Any such unauthorized actions or any unauthorized data mining, hacking or meta tagging, may result in civil consequences or criminal penalties and any failure to comply with these TOS will automatically terminate any licence granted to you hererunder. All rights not hereby expressly granted to you in these TOS are reserved and retained by us or our licensors and suppliers.
GIN HUANG Gallery reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Website is unavailable at any time and for any period.
4. THIRD PARTY LINKS
The Website may include links to other websites or resources that are not operated or prepared by GIN HUANG Gallery. We have no control over such websites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.
5. ELIGIBILITY TO PURCHASE
In order to place orders with us, you must meet our conditions of eligibility:
- Be aged 18 years of age or over
- Be in possession of a valid credit/debit card issued by valid PayPal account to GIN HUANG Gallery for payment.
- Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Website)
All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers. You may not purchase goods from the Website for reselling purposes or commercial exploitation.
6. PRODUCT DESCRIPTION
GIN HUANG Gallery will endeavour to ensure that the Content and the product descriptions on the Website to be accurate and complete as possible. We however do not warrant that Content and product descriptions are accurate, complete, current or error-free.
Prices are shown on the Website in New Taiwan Dollar (NTD) or United States Dollar (USD). Prices displayed on the Website at the time your order is accepted will be honoured except in the case of obvious error. Whilst we use our best endeavours to ensure that all prices appearing on the Website are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.
If your credit/debit card is not denominated in New Taiwan Dollar (NTD) or United States Dollar (USD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
We accept payments made by PayPal.
By placing an order using one of the above payment methods, you confirm that the PayPal account used is yours or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to GIN HUANG Gallery, we will not be liable for any delay or non-delivery of the goods ordered.
Our payment processes meet the stringent international security standards set down by the payment card industry to make your shopping experience safe and secure. If you have registered an account on the Website and have decided to save your card details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of gross negligence or willful default on our part, we will not be liable for any loss you may suffer if any third party procures unauthorised access to any data you provide when using our Services.
9. ACCEPTANCE OF YOUR ORDER
Once you have entered your personal and payment details and placed your order, we shall send you an email acknowledging the receipt of your order. This email is only a confirmation of your order. Once an order has been placed, it cannot be modified or canceled. Your order will be accepted and the contract between you and GIN HUANG Gallery will be completed when we send you an email to confirm that the goods have been dispatched to you.
GIN HUANG Gallery reserves its right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, any one or more of the following:
- The product you ordered is out of stock.
- We identify a pricing or product description error.
- We are unable to obtain authorisation for payment.
- You do not meet the eligibility criteria to purchase as set out in this TOS. Our Customer Service team will contact you as soon as possible if there are any problems with your order.
10. SHIPPING, DELIVERY AND COLLECTIONS
Once the order is confirmed, all information and delivery details cannot be changed. GIN HUANG Gallery’s teams will give you a delivery notice with by email with shipping details to your assigned email address. Your products will be sent out within 7 working days after your order is placed for general cases. (Note: Pre-order items will be sent out after a specific period.) We will try their best to meet these estimates but cannot guarantee that such estimates must be met.
Orders will be shipped by third party courier. You may refer to the tracking number from the link in the delivery notification email and check the status of your shipment by visiting the courier service's official website.
Please ensure all delivery information is correct. If there is incorrect and/or missing information, we may be required to contact you to update the delivery information, which may cause delays in delivering your order. Delays may also occur as a result of pending payment verifications or customs clearance.
Your local customs office may require additional documents and time to clear your package, which may delay the estimated delivery time.
Import Taxes & Duties - Import taxes, duties and related customs fees may be charged once the parcel arrives at the destination country. These charges are determined by the customs office of the specific destination.
Payment of these charges and taxes is the responsibility of the recipient and will not be covered by us here at GIN HUANG Gallery. For further details of charges, please contact your local customs office.
Customs & Regulations - You are responsible for checking your local postal regulations for restricted items, as we cannot be held liable for any items that are not accepted into the specific country.
Foreign Transaction Fees - Foreign transaction fees may be charged once your payment transaction has been settled. These fees are determined by your bank's pricing and transaction fee policies. For further details of foreign transaction fees, please contact your bank.
You bear the possible risk of loss upon delivery to your assigned address. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept that the signature of the recipient or collector is evidence of due delivery and fulfilment of your order by GIN HUANG Gallery and you will release us from any and all liability with respect to the due and complete performance of your purchase order of products. You also accept the associated transfer of responsibility (including risk of loss) in the same way.
*An administration fee per contact information or delivery address change will be charged directly.
**For service coverage and the exact terms of conditions of third party courier, please refer to courier service’s official website.
GIN HUANG Gallery reserves the right to update its shipping policy at its sole discretion without prior notice and changes will be posted on the Website. In the event of any dispute, the decision of GIN HUANG Gallery shall be final and conclusive.
11. RETURN & EXCHANGE
In order to the risk of international transportation, GIN HUANG Gallery online store will not provide returns and refunds. For product related questions, please contact customer service firstname.lastname@example.org.
Views expressed in any media by the designers, companies or third parties, whose products are sold on the Website or with whom we are associated, are their own. GIN HUANG Gallery takes no responsibility for any such views as they do not necessarily reflect ours.
GIN HUANG Gallery does not guarantee that the use of the Website and Services will be error-free or that the Website or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Website to ensure they have up-to-date software, including anti-virus, installed.
Some events may happen beyond our reasonable control, such as including but not limited to, acts of God, acts or regulations of any government or supra-national authority, war or national emergency, accident, fire, adverse weather or any other uncontrollable events which may result in any delay or failure in our performing our obligations under these TOS or in delivering the products to you. Under such conditions, GIN HUANG Gallery will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any such obligations in these TOS.
13. INDEMNITY AND WAIVER
At our request, you agree to compensate us fully and hold us, GIN HUANG Gallery (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes the use of the Website by any other persons using your account caused by your action or inaction.
ALL SERVICES AND INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OFFERED OR MADE AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE PROVIDED IN WRITING. GIN HUANG Gallery MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY OF THEM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GIN HUANG Gallery DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OFFERED OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
14. GOVERNING LAW AND JURISDICTION
The TOS shall be governed by and construed in accordance with the Law of Taiwan. The competent courts of Law of Taiwan shall have exclusive jurisdiction over any dispute or claim relating to the TOS, the Services and the Website.
If you wish to keep the disputes confidential, you may consider arbitration instead of court proceedings.
If you breach the TOS and we take no action against you, it shall not be deemed a waiver for us to exercise our rights and remedies in any other situation where you breach the TOS and shall in no manner affect our right at a later time to enforce such performance.
The invalidity or unenforceability for any reason of any part of these TOS shall not prejudice or affect the validity or enforceability of the remaining provisions of these TOS.
In case of any discrepancies between the English and Chinese versions of this Terms of Service, the English version shall prevail.
Upon dispute, GIN HUANG Gallery reserves the right to make the final decision on all cases.