1. About These Terms
1.1 These Terms of Service ("Terms") govern your access to and use of the Site, and any quotation, sample request, order and supply relationship that results from your use of the Site.
1.2 The Site is operated by AurumDine, the trading brand ofTierkang (Shanghai) International Trading Co., Ltd.(Tierkang (Shanghai) International Trading Co., Ltd.), registered at Room 368, 302 Building, No. 211 Fute North Road, Shanghai Pilot Free Trade Zone, China.
1.3 These Terms are supplemented by, and are subject to, our Privacy Policy in Part I, which explains how we handle personal data.
2. Acceptance of These Terms
2.1 By accessing the Site, by submitting an inquiry, by requesting a quotation or a sample, or by placing an order with us, you confirm that you have read, understood and agree to be bound by these Terms.
2.2 If you do not agree to these Terms, you must not use the Site and must not place an order with us.
2.3 Where you act on behalf of a company or another legal entity, you represent and warrant that you are authorised to bind that entity, and "you" and "your" refer to that entity.
3. Eligibility and Business Use
3.1 The Site is provided for business and trade use. It is intended for importers, distributors, wholesalers, retail chains, hospitality operators, kitchen showrooms, gifting companies, procurement agents and other commercial buyers.
3.2 By using the Site you represent and warrant that you are at least 18 years of age, that you are acting in the course of a business, and that you have full power and authority to enter into a binding contract with us.
3.3No consumer sales.We do not sell to consumers through the Site, and we do not offer an online checkout or online payment on the Site. Nothing on the Site constitutes an offer to sell to a consumer. Statutory consumer rights, including consumer cooling-off and return rights, do not apply to the commercial transactions contemplated by these Terms.
4. Definitions
4.1 In these Terms:
● "Confidential Information" means non-public information disclosed by one party to the other in connection with the Site or a supply relationship, including prices, cost structures, designs, drawings, specifications, technical data, customer and supplier lists, and business plans;
● "Contract" means a contract of sale for Products formed in accordance with Section 7;
● "Incoterms" means the Incoterms 2020 rules published by the International Chamber of Commerce;
● "MOQ" means the minimum order quantity for a Product, as stated in the applicable quotation or order confirmation;
● "Products" means the goods offered by us, including kitchen appliances, cookware, kitchen tools and sinks, insulated bottles, coffee mugs, tea sets, titanium cups and titanium chopsticks;
● "Quotation" means a written price indication issued by us for Products.
5. Permitted Use of the Site
5.1 Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Site for the purpose of evaluating and purchasing Products.
5.2 You must not:
1. copy, reproduce, republish, distribute, sell or exploit any part of the Site or its content, except as expressly permitted by Section 13 or by our prior written consent;
2. use automated means, including crawlers, spiders, scrapers, robots and harvesting tools, to access the Site or to extract content, prices, product data or contact details, except that standard search engine indexing in accordance with our robots.txt file is permitted;
3. introduce viruses, malware, ransomware or any other harmful code, or interfere with the operation, security or availability of the Site;
4. attempt to gain unauthorised access to the Site, its servers, databases or connected systems, or probe, scan or test its vulnerability;
5. use the Site to send unsolicited advertising, spam or chain messages;
6. impersonate any person or entity, or misrepresent your affiliation with any person or entity;
7. use the Site or its content for any unlawful purpose, or in breach of applicable export control, sanctions, product safety, consumer protection or advertising law;
8. remove, obscure or alter any copyright, trademark or other proprietary notice appearing on the Site or on the Products.
5.3 We may suspend or terminate your access to the Site, at any time and without liability, where we reasonably believe that you have breached this Section 5.
6. Product Information, Images, Specifications and Availability
6.1 We take reasonable care to describe Products accurately. However, photographs, renders, illustrations, colour swatches, dimensions, weights, capacities, performance figures and comparisons displayed on the Site are indicative only.
6.2Colour and finish.Actual colour and finish may vary from the images displayed on the Site because of photography, rendering, display calibration and manufacturing tolerances. Colour variation within industry tolerance does not constitute a defect.
6.3Specifications.Technical specifications may be modified by us without notice where the modification does not materially reduce performance, where it is required to comply with applicable standards, or where it results from a change by our production partners.
Where a Contract specifies technical requirements, the specifications in the Contract and its annexes govern.
6.4Availability.Products are offered subject to availability. Display of a Product on the Site does not constitute an offer, a commitment to supply, or a guarantee of continued availability.
6.5Marketing content.Descriptive material on the Site, in catalogues, in news items and in case studies is provided for information and does not form part of any Contract, except where a Contract expressly incorporates a document by reference. The warranties given by us are limited to those set out in Section 11.
7. Quotations, Samples and Formation of Contracts
7.1No offer by us through the Site.Content on the Site, including prices, is an invitation to treat and not an offer capable of acceptance.
7.2Quotations.A Quotation issued by us is valid for 30 days from its date of issue, unless the Quotation states a different period or is stated to be subject to change. A Quotation is subject to the availability of materials and components, to the accuracy of the information you provided, and to our confirmation of the MOQ.
7.3Samples.We may supply samples on request. Samples are charged at the price stated in the applicable quotation, unless we agree otherwise in writing. Sample charges may be credited against the value of a subsequent order of the same Product where the Quotation or order confirmation so provides.
Shipping costs for samples are borne by you unless we agree otherwise. A pre-production or golden sample approved by you in writing becomes the reference standard for the Contract.
7.4Formation of a Contract.No Contract is formed by your submission of an inquiry through the Site, nor by your acceptance of a Quotation, unless we issue a written order confirmation or we sign a written contract with you. A Contract is formed only when we issue an order confirmation or when both parties sign a written contract.
Language in your purchase order that conflicts with, or adds to, these Terms does not apply, and we object to any such language, unless we expressly agree to it in writing.
7.5Refusal and cancellation of orders by us.We may decline an order, or cancel an order before shipment, where: the Products are unavailable; the quantity is below the MOQ; the information you provided cannot be verified; we cannot obtain satisfactory payment security; the transaction would breach applicable export control, sanctions, anti-money laundering or product
safety law; or a manifest error in price or specification occurred.
Where we cancel an order and you have paid for it, we will refund the amount paid for the cancelled portion without interest.
7.6MOQ and order volumes.Orders are subject to the MOQ stated in the applicable Quotation or order confirmation. Quantities delivered of container-load shipments may vary within the tolerance stated in the order confirmation and, in the absence of a stated tolerance, within the customary tolerance for the packaging and shipping method used.
7.7Customer-supplied specifications.Where you specify materials, dimensions, finishes, packaging, labelling or compliance requirements, you are responsible for the accuracy and completeness of that specification. Section 12 applies to branded and customised Products.
8. Prices, Taxes and Payment
7.8Cancellation by you after order confirmation.Once we have issued an order confirmation or a Contract has been signed, you may request cancellation only in writing, and cancellation takes effect only when we confirm it in writing. Where we agree to cancel, we may charge, and you must pay: the cost of materials, components and packaging already procured or committed
that cannot be returned or re-used; the cost of tooling, artwork, screens and samples already produced for the order; the labour and production cost of goods already manufactured or in process; and a cancellation administration charge of 5 per cent of the value of the cancelled portion of the order.
Where the Products concerned can be sold to another customer without loss, we will credit the recoverable amount against those charges.
8.1Currency and basis.Prices are stated in the currency specified in the Quotation or order confirmation, which is ordinarily United States dollars, and are based on the Incoterm stated in the order confirmation. Where no Incoterm is stated, the reference basis is Ex Works at the place of shipment.
8.2Price validity.Prices are valid for the period stated in the Quotation or order confirmation. Where no period is stated, prices are valid for 30 days. After that period, we may adjust prices to reflect changes in raw material costs, components, labour, freight, insurance, tariffs, currency exchange rates and applicable taxes.
8.3Taxes, duties and clearance.Unless the applicable Incoterm provides otherwise, prices exclude all import and export duties, value added tax, goods and services tax, customs charges, inspection fees, port charges and any other levies imposed by any authority.
Where such amounts are payable by us under the applicable Incoterm or by law, they are payable by you or reimbursable by you on demand, supported by documentation.
8.4Payment terms.The payment terms stated in the order confirmation or contract apply. Where no payment terms are stated, the default terms are a deposit of 30 per cent of the order value payable on order confirmation, with the balance payable before shipment against a copy of the shipping documents.
We may require a letter of credit, a documentary collection, payment security, or full payment in advance, and we may do so for a particular order, for a class of Products, or for a particular destination.
8.5Invoices.We issue a commercial invoice for each shipment, together with the packing list and the transport document for the applicable Incoterm. Where the law of the destination country or an agreement between the parties requires a tax invoice, a value added tax invoice or an equivalent fiscal document, we will issue that document on receipt of the information we need to complete it.
Invoices are issued in the currency stated in the order confirmation, and you must tell us the invoicing entity, tax registration details and any invoicing portal requirements before shipment.
8.6Late payment.Where you fail to pay an amount when due, we may, without prejudice to our other rights: charge interest on the overdue amount at the rate of 1 per cent per month, or at the maximum rate permitted by applicable law if lower, calculated from the due date until the date of payment; suspend performance of any Contract, including withholding shipment, until
