AGB
Terms of use
Asia QI Services Limited
Unit 1411, 14/floor, Cosco Tower,
183 Queen's Road Central, Sheung Wan, Hong Kong
hereinafter referred to in short as "QI
General information
"QI" provides manufacturers/dealers - hereinafter referred to as third party suppliers or sellers - of goods, a sales platform via which third party suppliers can sell their goods to end customers/consumers/consumers - hereinafter referred to as customer or buyer.
The offered goods are exclusively addressed to natural, adult and unrestrictedly legally competent private persons. A sale to minors is only permitted with the involvement of a parent or guardian. Commercial use is not permitted.
"QI" is entitled to adapt these terms of use from time to time. In each case the Terms of Use valid at the time of the use of the sales platform shall apply.
The contractual language is the English language. With regard to the translations of the sales platform and the Terms of Use published by QI, only the English version shall be binding in case of linguistic ambiguities or other cases of doubt.
Dental methods
Klarnas payment options
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is always made to Klarna:
Invoice: The payment period is 14 days from dispatch of the goods. The invoice terms can be found here.
Installment purchase: Klarna's financing service allows you to pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (with a minimum of 6.95 EUR) or under the conditions otherwise specified in the checkout. Payment in instalments is due at the end of each month after Klarna sends you a monthly invoice. For more information on buying in instalments, including the General Terms and Conditions and the Standard European Consumer Credit Information, click here.
Instant bank transfer: Your account will be debited immediately after placing the order.
direct debit: The direct debit is made after the goods have been shipped. You will be informed of the time by e-mail. You can find further information here.
Credit card (Visa/Mastercard): Available in Germany. The debit is made after the goods or tickets have been shipped / the service is available or, in the case of a subscription, according to the communicated times.
[PLEASE ADJUST ABOVE AND BELOW IN ACCORDANCE WITH THE PAYMENT METHODS USED]
The use of the payment methods invoice, instalment purchase and direct debit requires a positive credit assessment. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.
Refusal of acceptance
In case of a refusal of acceptance by the customer we charge a fee of 9,90 €.
In addition, this fee of 9,90 € will also be charged, if we - AQS - can prove at least 1 delivery attempt through individual tracking number, or if the parcel / order has been stored for at least 7 days at the assigned logistics company in the parcel store, but the customer has not picked it up despite notification.
As proof AQS must be able to prove upon request of the customer a tracking and tracing with corresponding references to the delivery attempts of the assigned logistician and/or the reference to the storage in the local parcel store of the customer.
Due to our worldwide free shipping on a large number of our products, we meet the requirements of § 284 BGB (German Civil Code) and a claim for damages is therefore fulfilled, which covers the incurred (shipping) costs.
In addition, in the event of intentional and/or negligent non-acceptance of the goods during the initial shipment, the customer is usually liable for damages according to §§ 293 ff. BGB, so that he owes the dealer compensation for the additional expenses which the dealer had to incur for the unsuccessful offer as well as for the storage and preservation of the owed item according to § 304 BGB. This includes, among other things, the costs of sending the goods again and, if applicable, the storage costs for the storage of the returned goods, which are incurred until the second shipment is made or, if applicable, the purchase contract is cancelled.
Use of the sales platform
A purchase of goods can be made under registration of an account or without registration in the online shop. In case of registration, the customer has to ensure the confidentiality of the account and password. To the extent permitted by applicable law, the customer is responsible for all activities carried out through the account. The customer must take all necessary steps to ensure that the password is kept secret and secure. WRL must be informed immediately if there is reason to fear that an unauthorised third party has obtained knowledge of the password or that the password is being used or is likely to be used by unauthorised persons.
Use of the Sales Platform is not permitted:
(i) in a manner suitable for interrupting, damaging or otherwise impairing the Sales Platform or access thereto, or
(ii) for fraudulent purposes or in connection with a criminal offence or unlawful activity; or
(iii) to cause harassment, inconvenience or fear
Services of the QI
QI will never become a party to a contract for the sale or purchase of goods unless QI indicates through an invoice that QI is the seller of the goods. The purchase agreement which comes into existence upon the purchase of goods from a third party supplier is concluded exclusively between the buyer and the seller. QI is not a party to the agreement and therefore assumes no responsibility or liability for this agreement. The seller of the goods is shown on the item detail page. In addition, all product details as well as delivery conditions are shown directly on the item detail page.
QI as platform operator acts between seller and buyer in a fiduciary capacity. On behalf of the customer, QI takes care of the purchase transaction as desired: the forwarding of the payment of the purchase amount as well as the forwarding of the customer's order to the seller. In addition, QI takes over the handling of complaints and returns between the customer and the seller on behalf of the customer if desired or if necessary.
However, the seller is fully responsible for the sale of the goods, any complaint on the part of the buyer and all other matters arising from the contract between buyer and seller.
This means in particular that QI does not guarantee that the goods will arrive at the customer's premises in the country of destination within the specified delivery times. The delivery times given are guidelines, which are for orientation only and are based on past data, but are not intended to be a reference or even a promise for deliveries in the present or the future; delivery times may vary and may deviate from the stated delivery times due to extraordinary events (such as wars or force majeure, especially including epidemics). A longer delivery time due to upper events does not automatically entitle the buyer to withdraw from the sales contract, the general right of withdrawal is not affected or limited by this.
QI supervises that the articles are sent or dispatched by the seller (handover with complete address or first and last name of the buyer) to a selected logistics company and can deliver a so-called proof of shipmment on request of the customer or third parties. Proof of shipment = a confirmation stamped by the respective transport company (Yun Express - 4PX - DHL Express - UBI tracking or myhermes.de DHL , TNT or UPS) that the goods have been shipped and addressed to the customer address is sufficient for this. The confirmation must include: first and last name of the customer, the customer's address and the respective tracking number.
At no time is QI responsible for the final delivery to the customer and refers to the transfer of risk to the buyer in Hong Kong again separately.
Proof of tracking number (at the request of buyers and third parties, including payment providers on the respective Shopify pages) is voluntary and a special service in the sense of customer friendliness and is usually granted and followed up.
The contract of sale takes place in the territory of HONG KONG.
Liability QI
QI endeavours to ensure that the sales platform is available without interruptions and that transmissions are free of errors. However, due to the nature of the Internet, this cannot be guaranteed with 100% availability. Any maintenance of the system and any updating of the sales platform will result in the sales platform having only limited availability during this time or even failing for a short time. QI will attempt to limit the frequency and duration of any such temporary interruption or restriction.
QI does not assume any liability for damages (by itself or by persons for whom it is responsible - for example its vicarious agents), unless such damages are caused to the person or by intent or gross negligence.
Customs
Below a certain value or in certain categories no customs duties are payable. However, in some countries, customs duties are levied on imported goods. Any additional charges for customs clearance must be borne by the buyer; QI has no control over these charges. Customs regulations vary greatly from country to country, so the local customs authority in the buyer's country should be contacted for further information. For orders, the customer will be considered the importer and all laws and regulations of the country where the customer is habitually resident must be complied with.
Intellectual property rights and industrial property rights
The Sales Platform and its components, in particular the various contents (photographs, texts, presentations, brands, samples, models, etc.) and the software associated with them are protected by intellectual property rights and other industrial property rights reserved for the holders of these rights. Any use, reproduction, representation or distribution of these elements, in whole or in part, is strictly prohibited. Excluded from this prohibition are uses within the legal limits, such as, among other things, reproductions that the customer makes without altering or falsifying the contents exclusively for his own private purposes.
Contents of customers
The sales platform offers on the article detail page the possibility to give evaluations of the offered goods.
QI is not obliged to check the data, files and contents (e.g. pictures, videos, etc. uploaded when submitting the rating) transmitted by the customer and stored by QI according to the order and made accessible to the public online and accordingly does not carry out any content control. QI is therefore generally not responsible for data, files and contents originating ("uploaded") by the customer. However, QI will act immediately and remove data, files and contents or make access to them impossible, if necessary by blocking the customer responsible for the upload, if QI actually becomes aware of the illegality of the data, files and contents originating from the customer or QI becomes aware of facts/circumstances from which such illegality is obvious.
Every customer is obliged to comply with legal provisions, these Terms of Use and "good morals" and to protect the rights of third parties. Before uploading data, files and content, it is the customer's responsibility to ensure that their storage and distribution does not infringe any
(i) Infringement of the industrial property rights of third parties
(ii) Harassment of persons (in particular defamation, insult, violation of the protection of images, etc.) including violation of their privacy
(iii) Violation of other legal regulations, such as criminal law including the Pornography Act and the Prohibition Act, or the Act against Unfair Competition, copyright law, etc.
represents.
By uploading data, files and content, the customer declares to have all rights, in particular (but not limited to) trademark rights, copyrights, rights of use of works or authorizations as well as other approvals required to use the respective data, files and content (such as images or videos) in accordance with the purposes of this offer, in particular to publish them online and make them available.
By uploading data, files and contents, the customer grants QI the non-exclusive right to make these data, files and contents available and retrievable worldwide in accordance with the purposes of the sales platform in the ratings of the goods. This right includes in particular the right to store and make available online as well as the right to edit his uploaded data, files and contents (e.g. reduction of a picture, ...), if necessary.
Contents from third parties
QI does not check other websites with regard to content and legality, cannot influence their design and distances itself from any illegal content presented there. Accordingly, QI is not responsible for the content and policies of any linked site. Any use of such links to third-party websites is at your own risk.
QI expressly excludes any responsibility and liability for the conduct of third parties or goods offered or originating from third parties or other contents - unless it would be responsible for these persons, in particular because they were vicarious agents of the provider (= persons whose services it uses to fulfil its contractual obligations towards its customers).
Data protection
We process your data exclusively on the basis of the legal provisions in Europe, specifically (DS-GVO, TKG 2003). In this data protection information we inform you about the most important aspects of data processing within the framework of our website.
Contact with us
If you contact us via the contact form on the website or via e-mail, your data will be stored by us for the purpose of processing your enquiry and in case of follow-up questions. We will not pass on this data without your consent.
Data storage
You agree that the data, namely: personal data (name, IP, date of birth, title, academic degree, language, ...), personal characteristics (gender, ...), address data (address, postal code, telephone number, e-mail address, fax number, ... ), payment data (account data, credit card data, ...), transaction data (bookings, cancellations, ...), receivables (outstanding receivables, payment status, ...), product data (offer, price, tariff, product, ...), communication data (e-mails, letters, faxes, ...), personal characteristics (gender, ...), address data (address, address, postal code, telephone number, e-mail address, fax number, ...) ), order data (contact person, customer, date, time, ...), tracking data (google Analytics, browser type, version and number, operating system, ...) and all data you have disclosed in the course of the business relationship for the purpose of contract fulfillment and support as well as for our own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form) are automatically collected, stored and processed by us.
In the event of a contract being concluded, all data from the contractual relationship will be stored until the expiry of the tax law retention period. For the assertion and/or defence of claims from/to/through the contractual relationship, the storage period can - out of justified interest - be up to 30 years.
The data processing is based on the legal provisions of § 96 para. 3 TKG and Art 6 para. 1 lit a (consent) and/or lit b (necessary for the performance of the contract) and/or f (legitimate interest) of the DSGVO. Our concern within the meaning of the DSGVO (justified interest) is the improvement of our offer and our web presence. Since the privacy of our users is important to us, the user data is pseudonymised.
Data transfer
Data will be transferred to third parties in the course of fulfilling the contract, including the transfer of payment data to the processing bank institutes/payment service providers for the purpose of debiting the purchase price and to our tax advisor for the fulfilment of our tax obligations.
The data (purchase and delivery data) are also forwarded to the manufacturer for the purpose of contract fulfilment (sending the purchased product) and processed by the manufacturer.
Furthermore, you agree, revocable at any time, that we may pass on your personal and address data to selected companies - which are required for the fulfilment of the contract. In addition, data will be passed on to third parties within the scope of the services to be provided to technical service providers (hosting provider, technical infrastructure, e-mail dispatch, ...).
You agree, revocable at any time, that the listed data for checking your creditworthiness and solvency prior to conclusion of the contract may be stored in the creditworthiness databases of SCHUFA Holding AG, creditPass ® telego! Risiko Management, Deltavista GmbH, Schimmelpfeng Creditmanagement GmbH, CRIF GmbH, Wirtschaftsauskunftei Wisur GmbH and/or to the Kreditschutzverband 1870.
In addition, in the event of late payment or for other legal reasons (denial of a contractual relationship, allegation of an illegal act by a third party), the data provided will be forwarded to a debt collection agency and/or a lawyer and/or the competent court for the purpose of asserting claims in court. Furthermore, in case of allegations of illegal actions, the data provided will be forwarded to the relevant investigating authorities (police, public prosecutor's office, court).
Contents of third party providers
Our website may contain links to third-party websites or apps that may have different privacy notices. We are not responsible for the content or practices of such third parties.
Our website may also provide the ability to interact with social plug-ins from social media sites that allow us and/or the social media site to obtain data or information about you. If personal information has previously been provided to a third party that operates a plug-in for the Services, that third party may be able to recognize the user when they use the Services. Your use of social networking plug-ins is subject to the Social Media Site's privacy policy.
Facebook plugin
Plugins of the social media website facebook.com are integrated on our pages. You can recognize the Facebook plugins by the Facebook logo or the "Like-Button" ("Like") on our page. You can find an overview of the Facebook plugins here: http://developers.facebook.com/docs/plugins/
The purpose and detail of the data evaluation and the further use and analysis of the data via Facebook and your associated personal rights and control functions for the protection of your private data can be found in the Facebook privacy policy: www.facebook.com/policy.php
If you do not want Facebook to associate your visit to our pages with your Facebook user account, please log out of your Facebook user account and delete the relevant cookies from your browser.
In addition, there is the possibility to block these plugins generally by means of a so-called "Facebook blocker".
Cookies
Our website uses so-called cookies. These are small text files that are stored on your end device with the help of the browser. They do not cause any damage. We use cookies to make our offer user-friendly. Some cookies remain stored on your terminal device until you delete them. They enable us to recognise your browser on your next visit. If you do not wish this, you can set up your browser to inform you about the setting of cookies and to allow this only in individual cases. If you deactivate cookies, the functionality of our website may be limited.
Google Analytics for web analysis
This website uses Google Analytics, a web analysis service of Google Inc. (www.google.de). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, in the event that IP anonymisation is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before this happens. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the Internet. The IP address transmitted by your browser within the scope of Google Analytics is not combined with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de
For more information on terms of use and privacy, please refer to the Google Analytics Terms of Service or the Google Analytics Overview.
Newsletter
You have the possibility to subscribe to our newsletter via our website. For this purpose we need your e-mail address and your declaration that you agree to receive the newsletter.
In order to provide you with targeted information, we also collect and process voluntarily provided information on areas of interest, birthday and postcode, ...
Once you have subscribed to the newsletter, we will send you a confirmation e-mail with a link to confirm your subscription. You can cancel your subscription to the newsletter at any time. You can unsubscribe from the newsletter by clicking on the corresponding link in each promotional mailing. We will then immediately delete your data in connection with the newsletter dispatch.
Your rights
You are basically entitled to the rights of information, correction, deletion, restriction, data transferability, revocation and objection. If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated in any way, you can complain to the supervisory authority. In Latvia this is the data protection authority.
Concluding note:
We take all possible and economically reasonable measures in accordance with the state of the art to protect the customer data stored with us (e.g. SSL-encrypted login mask). However, we shall not be liable if third parties illegally gain access to this data and continue to use it.
Contact us at
info@JustShopy4u.com
Applicable law
The contractual relationship between QI and its customer is governed by the laws of Hong Kong.