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Online Sales Contract of Shenzhen VisionerTech

Sales Terms and Conditions

Please carefully read the following words including the important information concerning your rights and obligations and the limitations and exclusions that might apply to your purchase.


Please carefully read the following words including the important information concerning your rights and obligations and the limitations and exclusions that might apply to your purchase.


I. Definition

         1.“VisionerTech” refer to Shenzhen VisionerTech

         2.“Products” refer to those which are listed in the website for sale and indicated by Customers in orders and accepted by VisionerTech to be the subject matter of Contract and their supporting products.

         3.“Customers” refer to those who buy Products and issue orders via the website.

         4.“Contract” refer to that which is constituted by the Terms and Conditions agreed and accepted by VisionerTech and Customers on which Products are sold and bought via the website.


II. Sales and Purchase

         1. VisionerTech and Customers shall comply with the Terms and Conditions for sales and purchase of the Products via the website.

         2. Qualification for purchasers

         Only the persons who meet the following conditions may purchase the Products through the customer service center or the website:

         (a) Reaching the age of majority (18);

         (b) Having the legal capacity to enter into the Contract;

         (c) Living in the People’s Republic of China (excluding Hongkong SAR and Macao SAR).

         If you have not reached the age of majority, or cannot legally enter into the Contract for other reasons, your parents or guardians shall place orders and agree the Terms and Conditions on behalf of you.


III. Conclusion

         1. VisionerTech shall be entitled to, at its sole discretion, accept or reject the orders placed by the Customers via the website. When VisionerTech sends a notice of acceptance to the Customers via the website or by email, phone or other means, these Terms and Conditions shall constitute a Contract. Unless the Customers have received the notice, there shall be no binding contract in relation to purchase and sales of the Products.

         2. Customers shall enter into and perform the Contract on a legal basis, and shall have obtained all approvals and licenses for the purpose.


IV. Price and Payment

         1. The price and freight of the Products (hereinafter referred to as “Payment”) shall be subject to those listed in the website at the time when the Customers place orders. The price shall include all Chinese taxes which might be levied due to any transaction under the Contract pursuant to the Chinese laws then.

         2. Customers may make the payment in cash, or via bank transfer or postal order.

          3. In the event of payment in cash, Customers shall pay to the personnel specified by VisionerTech to deliver the Products to such Customers (see the website or consult with the customer service center for details); unless otherwise specified, VisionerTech will deliver the Products to the Customers upon receipt of the payables made by such Customers. Although the said personnel delivers the Products to the Customers as specified in Article 5, VisionerTech shall be entitled to immediately terminate the Contract and hold the Customers accountable provided that they reject or fail to make the payment for the Products.

         4. In the event of payment via bank transfer or postal order, Customers shall immediately transfer the payment to the account specified by VisionerTech upon conclusion; unless otherwise stated, VisionerTech will deliver the Products to the Customers upon receipt of the payment. All bank charges and postages incurred for the payment shall be borne by Customers. Until receipt of all payment for the Products ordered by Customers hereunder, VisionerTech will not deliver the Products. In case of failure to receive full payment for the Products hereunder within two weeks from the date of conclusion, VisionerTech shall be entitled to immediately terminate the Contract.


V. Delivery

         1. VisionerTech will try its best to transport the Products to the place of delivery indicated by Customers in orders. VisionerTech reserves the right to, at its sole discretion, choose a reputable freight forwarder and an appropriate mode of transportation. VisionerTech or its freight forwarder shall be entitled to request Customers to show their certificates like ID cards, passports and business licenses and/or sign possibly necessary documents for verification of their identities and addresses before delivery; if Customers refuse to do so or the certificates showed do not accord with the ordering information, VisionerTech or its freight forwarder shall be entitled to refuse the delivery, and VisionerTech has the right to terminate the Contract.

         2. Any date of delivery given by VisionerTech in a notice is only expected and shall not constitute a term of Contract. In any case, VisionerTech assumes no liabilities for additional expenses, losses of profit or reputation or any other special, probable, direct, indirect or incidental loss to Customers arising out of delay or failure to deliver the Products.

         3. VisionerTech is entitled to make the delivery in batches in any such order as it think appropriate, in which case each batch of Products shall be considered as the subject matter under an independent Contract; no breach by VisionerTech in relation to any or several batch(es) of Products shall affect the validity of the Contract under which those were delivered previously or have not been delivered. If VisionerTech gives a notice to Customers of failure to deliver a batch of Products, the Contract under which those have been received by Customers shall remain in force, provided that VisionerTech shall refund the payment which has been made for those which cannot be delivered.

         4. Where Customers fail to perform the obligation of delivery or submit the accurate instructions, documents, certificates, approvals or licenses required for delivery, VisionerTech shall be entitled to store the Products by itself or proxy by giving a written notice to Customers, provided that the Products have been well prepared. From the date of store, Customers shall assume the risks of any damage and loss of the Products, and VisionerTech shall be considered to have completed the delivery. Customers shall pay to VisionerTech all costs and expenses (including but not limited to storage fee, insurance, interests, attorney fee, etc.) incurred due to their defaults.


VI. Acceptance

         Customers shall inspect the conformance of the Products at the time of delivery. Unless Customers raise an objection at the time of delivery, the Products shall be deemed consistent with the Contract and considered to have been accepted by Customers as conforming items.


VII. Ownership and Risks of Loss or Damage

         1. Upon conclusion of the Contract, the ownership of the Products shall be transferred to Customers, provided that the risks of loss or damage of the Products shall be transferred to Customers at the time when the Products are actually delivered (or deemed to have been delivered) to the place of delivery within Mainland China which is indicated by Customers in orders. After transfer of the ownership to Customers, the intellectual property of related Products shall be owned by the licensors of such Products.

         2. Notwithstanding the foregoing, if the Contract terminates for whatever reason, the ownership of the Products shall be automatically transferred to VisionerTech immediately upon termination.


VIII. Free Hotline Support

         1. Within the warranty period, VisionerTech shall provide the technical support of free hotline (“Technical Support”) for users. The Technical Support is to help users solve any problem related to the Products (rather than those in relation to any third-party product or software) according to the Terms and Conditions of VisionerTech immediately in force. Product specifications and operation-related technically-supporting data of VisionerTech (if any) will also be provided for users with the Products for free according to the terms.

         2. VisionerTech will not provide Technical Support and related services for the products, whether or not owned by VisionerTech, which are purchased by users from the channels except for the website. In such case, users shall seek supports from the third-party suppliers or licensors.

         3. VisionerTech will provide Technical Support at 9:30-17:30 each working day. VisionerTech may change the service time without notice users.


IX. Limited Warranty

         1. The warranty period of the Products shall be 1 year from the date when they are delivered (or considered to have been delivered), or subject to the period specified in the warranty card. VisionerTech warrants that the Products will conform to the related specifications without defects in material and process within the warranty period.

          2. In case any defect in material or process or nonconformity of the Products is found within the said warranty period, Customers shall, at their own cost, transport such Products to the maintenance station authorized by VisionerTech within the warranty period, in which case VisionerTech will, at its sole discretion, decide whether to repair or replace the Products with equivalent ones without any charge for technical personnel, repair and parts. In the event of repair or replacement, all of the parts removed from the defective products shall be owned by VisionerTech. VisionerTech shall be entitled to make the warranted repair and replacement with the parts newly produced and/or refitted by different vendors. Whether or not VisionerTech makes the repair or replacement, the initial warranty period shall remain same.

         3. The limited warranty shall only apply to the hardware of the Products, and applies to neither the technical services in terms of use of hardware or software nor any software of the Products; unless expressly specified that the limited warranty is provided for any software, any such software is provided as is, and VisionerTech excludes any express or implied warranty for any software provided with the Products.

         4. The limited warranty shall not be transferred.

         5. Subject to Paragraph ( 1 ) under this Article, the limited warranty includes but not limited to any consumable ( if any ) provided with the Products, any accessory not incorporated in the Products, any appearance damage, any damage or loss of software program, data and files and the losses arising out of:

         (1)Acts of God, accidents, misuse, abuse, negligence, commercial use or upgrade;

         (2)Improper operation or maintenance;

         (3)Connection to inappropriate power, air source or other power sources;

         (4)Repair by anyone other than the service agencies authorized by VisionerTech.

         6. Where faults arise from connection of the Products with other accessories, items, auxiliaries or supporting devices, or VisionerTech believes the Products are non-defective, the limited warranty shall not apply. The limited warranty is only in force within Mainland China. If the serial numbers appended by vendors to the Products are changed or removed, the limited warranty shall become invalid.

         7. Except for the above limited warranty, VisionerTech expressly excludes all other express or implied warranties (including but not limited to the implied warranties for merchantability and a particular purpose) to the maximum extent allowed by laws.


X. Limitation of Liability

         In any case, a party hereto is not obliged to undertake any liability for any indirect, special, probable or incidental loss arising out of the other party’s performance or non-performance of the Contract, or supply, performance or use of any goods or services sold or provided according to the Contract, whether or not due to breach of the Contract or warranties, negligence or for other reasons. Except for the liabilities which any party shall undertake for the personal injuries or deaths resulting from its negligence, a party undertakes neither indirect or punitive liability of compensation to the other party nor any liability for any claim raised by any third party, unless otherwise expressly provided herein.


XI. Compensation

         Customers agree to indemnify and hold harmless VisionerTech from and against any loss, damage, cost, expense, debt or claim to or against VisionerTech arising out of Customers’ breach of the Terms and Conditions.


XII. Emergency Parts

         Customers shall reasonably use the Products based on their performance and directions, and shall not use them in life rescue systems or the situations where any failure of the Products might cause personal injuries to users or any third party or other property damages.


XIII. Alteration

         VisionerTech may, at any time, alter, adjust and cancel the price and freight of the products for sale and/or their supporting products and/or items listed in the website. Customers agree that the products delivered and those described in the promotion materials (including ads, catalogue, specification, etc.) are subject to change. VisionerTech gives a notice to Customers of acceptance of the orders placed by Customers according to the Terms and Conditions, which shall supersede any other provisions in the website or elsewhere and take precedence over any other provisions set forth by Customers or applied in the process of other transactions.


XIV. Resale

         Customers agree and guarantee that the Products are purchased for internal use only rather than resale. If Customers breach the guarantee or VisionerTech has reasonable grounds for suspicion that Customers will do so, VisionerTech shall be entitled to reject the orders issued by the Customers. Customers shall not disassemble the parts of the Products for resale.


XV. Force Majeure

         VisionerTech undertakes no responsibilities for any delay or failure to perform its obligations hereunder arising out of acts of God, fires, floods, accidents, riots, wars, government intervention, embargo, strike, labor, equipment failure or any other factors uncontrollable by VisionerTech.


XVI. Quantity

         The quantity of delivery is subject to the supply available. In case of any shortage, VisionerTech may, at its sole discretion, distribute the sales and delivery.


XVII. Wavier/Invalidity

          Failure by VisionerTech to require strict performance by Customers of any provision in the Terms and Conditions shall not be considered a waiver of its rights and remedies. The invalidity or unenforceability of any provision in the Terms and Conditions declared by a court shall not affect the validity of other provisions.


XVIII. Governing Law and Dispute Resolution

         1. The Contract shall be governed by and construed in accordance with the laws of China. Any dispute arising out of or in relation to the Contract shall be settled by both parties through friendly negotiation. If it fails, such dispute shall be submitted to the people’s court of the place of VisionerTech.


XIX. Miscellaneous

         1. Headings herein are only for convenience and reference, and shall neither constitute a part of the Terms and Conditions or Contract nor be interpreted or extended.

         2. The Terms and Conditions shall not be changed, supplemented or revised subject to any attachment to an agreement between both parties, unless the attachment is in writing and signed by the authorized representatives of Customers and VisionerTech. In addition to the foregoing, neither any attempt to supplement or revise the document nor issue of ordering information based on additional or revised terms and conditions shall be considered invalid.