Terms and Conditions

Terms and Conditions

ZBA Commerce

1. Introduction

1.1 These Terms and Conditions apply to the use of our website or the purchase of products offered through our website.

1.2 Defined terms and interpretations for these Terms and Conditions are listed in Section 26.

2. Acceptance

2.1 You represent and warrant that:

(a) You are a natural person and at least 18 years old;

(b) You have the authority to enter into a legally binding contract with us; and

2.2 We reserve the right to request written confirmation of your authority to agree to these Terms and Conditions.

2.3 You represent and warrant that you have not:

(a) Been convicted of a computer or internet-related crime; and

(b) Been previously refused products or access to the website.

2.4 We reserve the right to deny you access to our website if we deem such refusal necessary or appropriate.

2.5 Placing an order signifies:

(a) Your representation and warranty that you have carefully and fully read these Terms and Conditions;

(b) Your offer to purchase the order exclusively in accordance with these Terms and Conditions;

(d) Your commitment to comply with these Terms and Conditions.

2.6 If you do not agree to these Terms and Conditions, you may not use the website or purchase products.

2.7 You must explicitly agree to these Terms and Conditions to:

(a) Submit information to or via our website; or

(b) Purchase a product.

2.8 By visiting our website, purchasing products, or agreeing to these Terms and Conditions:

(a) You also agree to our Privacy Policy; and

(b) You agree to and commit to complying with our Acceptable Use Policy (see Section 12 below for further details).

2.9 We recommend that you print a copy of these Terms and Conditions for future reference.

2.10 If you do not agree to these Terms and Conditions, you may not place an order or communicate with us.

3. Personal Use

You confirm that you will use the website to purchase products only for your personal and non-commercial use, as the principal and not as an agent or on behalf of any other person.

4. Price

4.1 The prices for products listed on our website include delivery costs but exclude all fees, taxes, duties, levies, or similar governmental charges ("duty unpaid and untaxed").

4.2 Any duties, fees, taxes, or other governmental charges and declarations for importing the products to the delivery address are your responsibility and must be paid by you. These are not included in the price of the products. Additional costs may be incurred for customs duties or import VAT, which are also the buyer's responsibility. Since the goods are shipped from a non-EU country (China), whether customs duties apply should be clarified with our customer service before ordering. Duties or import VAT are not paid by us and must be borne by the buyer. Our goods are always shipped "duty unpaid and untaxed." The buyer is the "importer of record" and is responsible for the proper payment of duties and/or import taxes and must fully comply with all laws and regulations of the importing country.

4.3 We will make every effort to ensure that all details, descriptions, and prices of products appearing on our website are accurate. However, errors may occur. If we discover a pricing error, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel your order. If we are unable to contact you or receive no response, the order will be treated as canceled, and you will receive a full refund.

4.4 We are not obliged to fulfill an order if the price listed on the website is incorrect (even after you have received an order confirmation).

4.5 Prices may change from time to time. However, such changes will not affect an order for which an order confirmation has been sent.

5. Placing an Order

5.1 After placing an order, all orders are subject to stock availability. If we have sufficient stock to fulfill your order, you will receive an order confirmation, which constitutes our acknowledgment of your order. In case of delivery difficulties or stock unavailability to fulfill your order, we will notify you via email and refund all payments made for the order.

5.2 A contract is only established when we issue an order confirmation, and only regarding the product(s) specified in the order confirmation. These Terms and Conditions are part of the contract, excluding all other terms.

5.3 If your order includes more than one product, the products may be delivered separately at different times.

5.4 We reserve the right to remove products from the website at any time. We also reserve the right to edit or remove any material or content from the website. We are not liable to you or third parties for removing products from our website or editing/removing materials or content.

5.5 We reserve the right to refuse or reject any order placed by you at any time (including after sending an order confirmation). We will not be liable to you or third parties for the cancellation or rejection of an order.

5.6 If we cancel your order after receiving payment (and after sending an order confirmation), the payment for the order will be fully refunded.

6. Payment

6.1 You may pay for products using any payment processors listed on our website.

6.2 You may also pay for your order in whole or part with promotional vouchers provided by us. Promotional vouchers can only be entered online at checkout.

6.3 We may use payment processors to process payments between you and us. You agree that we may share documents and information about you with payment processors, including documents and personal data.

6.4 We are not a regulated payment processor or money service provider and are not responsible for payment failures or issues caused by payment processors.

6.5 You are responsible for providing complete and accurate details during payment, and all payments must be made using your funds. By placing an order, you confirm that:

(a) the payment method used is yours;

(b) you are the rightful holder of any promotional voucher used;

6.6 We are not liable or responsible for unauthorized third-party use of your credit, debit, or prepaid cards, even if reported stolen. We are authorized to inform relevant authorities (including credit bureaus) about fraudulent payments or unlawful activities.

6.7 You will not:

(a) initiate or attempt chargebacks for payments made for products;

(b) reverse payments made for products.

6.8 You will fully indemnify us regarding any chargebacks or reversed payments you have made, including losses, costs, liabilities, or expenses related to such actions.

7. Delivery

7.1 We strive to deliver your order to the delivery address specified during ordering.

7.2 At checkout, we will provide an estimated delivery date.

7.3 We may notify you if we anticipate not meeting the estimated delivery date but are not liable for losses, liabilities, costs, damages, charges, or expenses resulting from delayed delivery, as legally permissible.

7.4 We may be unable to deliver products to certain locations. In such cases, we will inform you and arrange order cancellation and refund or delivery to an alternative address confirmed by you.

7.5 All risk for the product transfers to you upon delivery to the specified delivery address unless delayed due to your breach of obligations under these Terms. Risk transfers when delivery would have occurred without your breach.

7.6 If you cannot accept delivery or collection, we may leave instructions for redelivery or collection by the carrier.

7.7 If delivery or collection is delayed by your unreasonable refusal to accept, we may charge fees and costs incurred from returning the order, without prejudice to other available remedies.

7.8 Goods ship within 2-20 days after payment confirmation. Standard delivery time is 7-12 working days, up to 4 weeks in exceptional cases unless stated otherwise. Orders ship from the manufacturer once the entire order is in stock.

7.9 You are responsible for all customs duties, taxes, and other governmental charges for importing products. These charges are not included in product prices. Products ship "duty unpaid and untaxed" from China. Confirm potential duties or taxes before ordering. Compliance with all import laws and regulations is your responsibility upon receipt.

8. Cancellation or Modification of Orders

8.1 Once an order is placed via our website, you can cancel or modify the order by emailing us.

8.2 Once packaged, orders cannot be canceled or modified but must be returned according to clause 10. Due to shipping from Asia, transit times may be lengthy and beyond our control. Cancellation is not possible after shipment.

8.3 Orders processed immediately through automated systems cannot be interrupted; refunds before receipt of goods are only possible within 24 hours of ordering.

9. Faulty Products

9.1 You acknowledge that the products are standard products and are not custom-made to your specific requirements.

9.2 All product descriptions, information, and materials provided on the website are provided "as is" without express or implied warranties or assurances.

9.3 Product images may slightly differ from the actual product received.

9.4 If the product you receive is faulty, you may email us, informing us about the product to be returned, including an image of the faulty product.

9.5 You may return the product to us in accordance with section 10.

9.6 We will inspect the product upon receipt. Processing time depends on your order.

9.7 We will notify you via email if we confirm that the product is faulty.

9.8 Our sole obligation regarding faulty products is either, at our discretion:

(a) replacing the product and covering delivery costs for sending the replacement product to the delivery address, after you return the faulty product to us; or

(b) refunding the product price and the cost of returning the faulty product. We will refund you using the payment method used for the original order.

9.9 If we determine the product is not faulty, we may refuse a refund and may require you to pay reasonable service costs, deducting these costs from the payment method used for the original order. We are not liable for losses, liabilities, costs, damages, charges, or expenses arising from this section, to the extent permitted by law.

10. Returns and Refunds

10.1 Our return policy is part of these Terms and Conditions, governing your use of our website.

10.2 If you are not completely satisfied with your order, you may email us to inform us about the product you wish to return and subsequently send the product back to us. The withdrawal period is 14 days from the day you, or a third party named by you who is not the carrier, have taken possession of the last product.

10.3 Return costs must be borne and paid by the customer.

10.4 The product must be received by us for the customer to be eligible for a refund. We will inspect the returned product upon arrival.

10.5 You must ensure the product is returned to us in the same condition in which it was received, properly packaged. The product must be unused, product labels must not be tampered with, and the product must be in its original packaging. If a product is returned in an unsuitable condition, we reserve the right to refuse the return.

10.6 Our processing time for returns varies depending on your order.

10.7 If we are satisfied with the condition of the returned product, we will email you approval of your return. A refund will shortly be issued to the payment method used for the order after we send you notification of the approval.

10.8 The withdrawal process is complete when the physical goods are received by us.

10.9 Since our goods are shipped from Asia, there may be longer transit times beyond our control. Withdrawal is not possible if the product(s) are already in transit. Please wait until you receive the goods, then return them to us. You can inform us in advance about your withdrawal. To expedite the return process, please send us shipping confirmation. Early refunds are possible no earlier than 16 weeks after placing the order if goods have not arrived.

11. Vouchers

11.1 You may use promotional vouchers or discounts provided by us during payment for products on the website.

11.2 To redeem a voucher or apply a discount, the voucher or discount code must be entered on our checkout page.

11.3 After entering and applying the voucher or discount code, the voucher or discount amount will be reflected in the total amount of your order at checkout.

11.4 You can redeem or use only one promotional voucher or discount per order.

11.5 Promotional voucher credits do not accrue interest and have no cash value.

11.6 If the balance of a promotional voucher is insufficient for your order, you can pay the difference using a separate payment method available on the website.

11.7 If you use a promotional voucher for an order that is returned, the value of the promotional voucher will not be refunded. However, if you have paid a portion using a separate payment method, that portion can be refunded.

12. Acceptable Use

12.1 You must not ("Prohibited Actions"):

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish, or distribute material consisting of (or linked to) spyware, computer viruses, trojans, worms, keystroke loggers, rootkits, or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, or data harvesting) on or in relation to our website without our explicit written consent;

(e) access or interact with our website using robots, spiders, or other automated means;

(f) violate the directives set out in the robots.txt file for our website;

(g) use data collected from our website for any direct marketing activities (including email marketing, SMS marketing, telemarketing, or direct mailing);

(h) use data collected from our website to contact individuals, companies, or other persons or entities;

(i) use or instruct devices to interact with the website unless explicitly authorized;

(j) directly or indirectly use the infrastructure of the website to initiate, propagate, participate in, direct, or attempt hacking attacks, bandwidth-overloading, malicious, or potentially harmful network messages to any device, whether owned by us or not;

(k) directly or indirectly copy, publish, modify, translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive or access the structure or source code of the website;

(l) use or access the website to create a similar or competing product or service, or share benchmarking or comparative studies with third parties;

(m) sell, assign, sublicense, transfer, distribute, or rent your access to the website;

(o) make the website accessible to any third party over a private computer network;

(p) edit or otherwise alter content or paper or digital copies of materials printed or copied from our website;

(q) use the website in any manner prohibited by applicable laws or regulations;

(r) place unauthorized requests or orders; or

(s) place speculative, false, or fraudulent orders.

12.2 You acknowledge that you will be liable to us for all damages, losses, liabilities, costs, or expenses incurred by us as a result of or related to any prohibited actions you undertake or allow.

12.3 You agree to notify us promptly upon becoming aware of anyone committing a prohibited action. You agree to assist us reasonably in any investigations resulting from your provided information.

12.4 You must ensure that all information provided to us through or regarding our website or products:

(a) is true, accurate, current, complete, and not misleading;

(b) complies with all applicable laws and regulations;

(c) does not violate the privacy, personal data protection, confidentiality, intellectual property rights, or other rights of any person; and

(d) is not offensive, abusive, pornographic, defamatory, unreliable, misleading, illegal, or otherwise objectionable.

12.5 You agree to provide us promptly with any documents or information we request to verify your identity. You must promptly update the information provided to ensure it remains complete and accurate.

12.6 You must comply with all applicable laws related to your use of the website and are solely responsible for compliance, regardless of your location.

12.7 Please email us if you become aware of material or activities on our website that violate these terms.

13. Website Linking

13.1 Links from our website to other third-party websites and resources are provided for your information only. These links should not be interpreted as approval or endorsement by us of those linked websites or resources.

13.2 You acknowledge and accept that we have no rights or control over the content of other websites linked from our website.

13.3 You may link to our homepage, provided you do so in a fair and legal way that does not damage our reputation or exploit it.

13.4 You must not establish a link in a way suggesting any form of association, approval, or endorsement on our part where none exists.

13.5 You must not establish a link to our website on any website you do not own.

13.6 Our website must not be framed on any other site, nor may you create a link to any part of our website other than the homepage.

13.7 We reserve the right to withdraw linking permission without notice.

13.8 The website to which you are linking must comply in all respects with the content standards set out in our acceptable use policy (section 12 above).

13.9 Please contact us to obtain prior permission for any linking to our website that does not comply with this section.

14. Intellectual Property Rights

14.1 The code, structure, and organization of the website are protected by intellectual property rights.

14.2 We own or license all intellectual property rights in our website and in the content and material published on it. These works are protected by applicable laws and treaties worldwide. All rights are reserved.

14.3 You may use the website and its content only for your personal, non-commercial use in accordance with these terms. Content includes product-related content.

14.4 You agree to inform us of any suspected infringement of our intellectual property rights.

14.5 You may not use our trademarks without our prior written permission, unless as part of material used per section 13 and exactly reproduced.

15. Privacy

15.1 Our Privacy Policy is part of these terms and conditions, governing your access and use of our website.

15.2 We use cookies on our website to track customer viewing preferences. By accepting these terms, you consent to our cookie usage. Further information is available in our Privacy Policy.

15.3 When providing personal data, we will process it according to your instructions and implement reasonable security measures to protect against unauthorized processing, accidental loss, destruction, or damage.

15.4 Unless special protective measures are agreed upon, information and documents related to product sales may be shared internally and electronically with our employees, officers, consultants, or agents.

16. Viruses

16.1 We do not guarantee that our website will be secure or free from bugs or viruses.

16.2 You are responsible for configuring your information technology, computer programs, and platform to access our website. You should use your own virus protection software.

16.3 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material.

16.4 You must not attempt to gain unauthorized access to our website, the server on which our website is stored, or any server, computer, or database connected to our website.

16.5 You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.

16.6 If we believe you have breached this section 16, your right to use our website will cease immediately. We may report any breach to relevant law enforcement authorities and will cooperate as required by applicable law.

17. Liability

17.1 Subject to clause 17.13, we disclaim all liability to the maximum extent permitted by law and accept no responsibility for losses you or others may incur arising from:

(a) Third-party content or user-generated content;

(b) Our content, specifically regarding accuracy, completeness, or timeliness;

(c) Products, particularly their quality, images, descriptions, specifications, conformity with description, or fitness for a particular purpose;

(d) Reliance on information contained in these terms or on our website or provided through these terms or our website;

(e) Inability to access the website or interruption, partial availability, or malfunction;

(f) Non-performance or delayed performance of obligations due to circumstances beyond our reasonable control, including telecommunications failures, power outages, terrorism, strikes, severe weather, computer failures, supplier failures, labor disputes, and illness or injury-related staff absences. Timeframes for obligations affected by such circumstances will be appropriately extended.

17.2 We are not liable (whether in contract, tort, negligence, statutory breach, or otherwise) for lost profits, business opportunities, goodwill, savings, benefits, or indirect, special, or consequential losses, even if such losses were foreseeable.

17.3 Our liability arising from these terms (including product purchases) is limited to the higher of USD 1000 or five times the price paid for the product causing liability, reduced by any outstanding amounts owed by you to us.

17.4 Claims arising from these terms must be brought within one year of the act or omission causing the loss.

17.5 No claims arising from these terms can be personally made against our employees, officers, consultants, or agents.

17.6 All implied warranties, terms, and conditions, including satisfactory quality, conformity to description, and fitness for purpose, are excluded to the fullest extent permitted by law.

17.7 Only one claim can arise from a single act or series of related acts or omissions.

17.8 Liability limitations in this clause apply to our aggregate liability to you and third parties.

17.9 Where a liability limitation applies, it covers our entire service or product supply, with no separate aggregate limitations.

17.10 If we share liability with another party, we are liable only for our share of fault.

17.11 Our liability to you is reduced by any amount recoverable from another liable party.

17.12 In assessing third-party liability, inability to claim against a third party due to time-barred actions or insolvency is not considered.

17.13 Liability exclusions and limitations do not affect liability for death or personal injury, fraud, reckless disregard, liabilities legally non-excludable, or any other case where liability cannot be limited below legally required minimums.

17.14 These provisions comprehensively define remedies available against us arising from these terms.

18. Indemnification

18.1 You indemnify and hold harmless indemnified parties from claims, costs, and losses arising from your material breach, fraud, negligence, misconduct, or use of our website.

18.2 We may recover all reasonable expenses incurred in connection with indemnified claims.

19. Force Majeure

19.1 If a force majeure event lasts over one week, we may terminate these terms immediately by written notice without liability except for refunds for undelivered products.

19.2 We retain absolute discretion over solutions to fulfill obligations during force majeure events.

20. Variations

20.1 We may revise these terms occasionally, providing prior notice for materially adverse changes.

20.2 Disagreement with revised terms requires you to cease using our website or purchasing our products.

20.3 For expressly agreed terms, explicit consent is required for revisions before your first purchase after changes become effective.

21. Your Breach

21.1 Breaching these terms or suspicion thereof allows us to issue warnings, suspend or terminate website access, stop processing orders, refuse payments, block IP addresses, contact your ISP, or take legal action.

21.2 If your access is suspended or prohibited, you must not circumvent this.

22. Termination and Suspension

22.1 You may stop using the website at any time.

22.2 We may suspend or cease website provision at any time without notice.

22.3 We may terminate or suspend your access to avoid legal liabilities or website disruption.

22.4 Immediate termination or suspension without prior notice is at our discretion.

22.5 We do not guarantee uninterrupted website availability and may limit, suspend, or withdraw the website for operational reasons without compensation.

23. Effect of Termination

23.1 Termination immediately ends customer service obligations.

23.2 You have no right to compensation for loss of rights, goodwill, or other losses upon termination.

23.3 Termination does not affect accrued rights or clauses intended to survive termination, notably clauses 17 and 18.

24. General Provisions

24.1 Rights under these terms are non-assignable.

24.2 Rights and remedies provided herein are cumulative, not exclusive.

24.3 Website hosting is outsourced to third parties.

24.4 Invalid or unenforceable provisions do not affect the validity of other terms.

24.5 Non-exercise or delayed exercise of rights does not constitute a waiver.

24.6 Parties' rights under these terms do not depend on third-party consent.

24.7 These terms are not enforceable by third parties.

25. Governing Law

25.1 These terms and disputes arising (including non-contractual claims) are governed by Hong Kong law.

25.2 Disputes will be resolved via arbitration administered in Hong Kong under Hong Kong law, conducted in English with one arbitrator.

26. Interpretation

26.1 Definitions provided for key terms.

26.2 References to clauses refer to these terms.

26.3 Headings are for convenience and do not affect interpretation.

26.4 Singular includes plural and vice versa, gender references include all genders, and references to persons include entities.

Please email us for questions or concerns regarding these terms, the website, or products.