E.1 Product Testing
Ledrise.com, like other online shops, ships items in the condition they were received from the original manufacturer/distributor. Ledrise.com does not conduct product testing before shipping.
E.2 Product Listings
Ledrise.com strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Web site. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Web site is labeled with an incorrect price due to some typographical, informational, technical or other error, Ledrise.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other Web sites from Ledrise.com are provided as resources to customers looking for additional information and/or professional opinion. Ledrise.com does not assume responsibility for the claims and/or representations made on these or any other Web sites.
E.3 Product Revisions
Ledrise.com is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, Ledrise.com puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Web site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Ledrise.com relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, Ledrise.com will not be held responsible for product revision changes.
E.4 Product Reviews
Ledrise.com reads all reviews before posting them and reserves the right to deny any review.
Here are some of the things that can cause a review to be denied:
Security is our number one priority. All on-line transactions are sent through our secure server and encrypted with 128-bit technology. Once we receive your information through the internet, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost level of security.
F.3 Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Ledrise.com and Customer shall be governed by the laws of the Hong Kong, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Ledrise.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the Hong Kong to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Ledrise.com that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Hong Kong law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
F.6 Entire Agreement
These terms and conditions, together with Ledrise.com's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Ledrise.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Ledrise.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
1. Application and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered on the Site as a registered User or whether said User is a paying customer for a specific service provided by Ledrise.com or any of its affiliates. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 Ledrise.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Ledrise.com of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Ledrise.com.
1.4 When you visit Ledrise.com or send customer requests to Ledrise.com, you are communicating with Ledrise.com electronically. You consent to receive communications from Ledrise.com electronically. Ledrise.com will communicate with you by e-mail or by posting notices on this site.
2. Users Generally.
2.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Ledrise.com content") for the purpose of re-selling or re-distributing the Ledrise.com content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Ledrise.com, or otherwise commercially exploiting the Ledrise.com content without written permission from Ledrise.com. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
2.2 Some of the Ledrise.com content displayed on this Site is provided or posted by third parties ("Third Party Content"). Ledrise.com is not the author of Third-Party Content, whether contributed by anonymous users or registered users. Any Third Party Content is the sole responsibility of the party who provided the content. Ledrise.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Ledrise.com is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
2.3 Ledrise.com may allow Users access to content, items or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that Ledrise.com has no control over such third party's web site, does not monitor such sites, and Ledrise.com shall not be responsible or liable to anyone for such web site, or any content, items or services made available on such a website.
2.4 Ledrise.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Ledrise.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
2.5 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Ledrise.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
2.7 As a condition of your access to and use of Ledrise.com, you agree that you will not use the Ledrise.com service to infringe the intellectual property rights or other legitimate rights of others in any way. Ledrise.com and/or its affiliates will in appropriate circumstances terminate the accounts of Users who are repeat infringers of the copyrights, or other intellectual property rights, or other legitimate rights of others. In addition, Ledrise.com and/or its affiliates reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the Ledrise.com service, or if Ledrise.com believes that User's conduct is harmful to the interests of Ledrise.com, its affiliates, or other users, or for any other reason in Ledrise.com's sole discretion, with or without cause.
3. Registered Users
3.1 Each User who has completed and submitted a registration form either online on the Site or offline by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) to Ledrise.com or another Ledrise.com group company providing the relevant specific services is a registered user of the Site (a "Registered User"). An account ("Account") will be established for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
3.2 If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Ledrise.com and its affiliates during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
3.3 By becoming a Registered User, you consent to the inclusion of your personal data in our Buyer Database. Ledrise may send emails to you or contact you otherwise through your personal data whatever information Ledrise would like to convey to you.
3.4 Ledrise.com or its affiliates may suspend or terminate a Registered User's Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in Ledrise.com's determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) Ledrise.com has reasonable grounds to suspect that any information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) Ledrise.com believes that the Registered User's actions may cause financial loss or legal liability to such Registered User.
3.5 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of Ledrise.com. Ledrise.com may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
3.6 Notwithstanding Section 3.1 above, Ledrise.com may refuse registration and deny the issuance of an Account and associated User ID and Password to any User for whatever reason.
4. Relationship among Buyers, Ledrise and Suppliers
4.1 Ledrise is an online agent for all Buyers, collecting purchase orders from the Buyers, to reinforce its price negotiation advantage against the Suppliers. It acts on behalf of the Buyers to purchase the items designated by the Buyers.
4.2 Despite the provision of the platform through the Site, Ledrise.com does not represent the Supplier in specific transactions via the Site. No sales agency relationship is created between any Supplier and Ledrise.com, our affiliates, directors, officers or employees by virtue of Ledrise.com's display of any of items supplied by the sellers.
4.3 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Ledrise.com has very strict systems in selecting reliable suppliers. Ledrise.com cannot control and is not liable to or responsible for the availability of the items or services offered for sale displayed on the Site unless these items are in stock at the time of your purchase. If a item in your order is not in stock Ledrise will not and cannot warrant to the Buyers that the purchase orders placed through the Site will be eventually fulfilled and there are situations that the Suppliers may have ceased to provide such items or provide such items at a different price in which situations the payment paid by the Buyer will be returned to the Buyers or will be adjusted in such manner acceptable to the Buyers.
4.4 The risks of purchase transactions when using the Site to conduct transactions shall include mis-representation of items and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous items, delay or default in delivery, cost mis-calculations and transportation accidents. All of the foregoing risks are hereafter referred to as "Transaction Risks." In such case Ledrise.com shall be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks provided always that such User shall entrust Ledrise the full power of attorney to seek indemnification from the relevant Suppliers instead.
4.5 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In case the terms and conditions of the Transactions have been changed and such change is notified to Ledrise by some specific Suppliers, Ledrise will post such amended terms of conditions on the Site. The mere obligation of Ledrise is to display such terms and conditions of the transactions subject to amendment by the Suppliers from time to time. There may be situations that the Buyers have placed orders while the terms and conditions of the transactions are changed. Ledrise.com will, as instructed by the seller, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
4.6 Despite our best efforts, a small number of the items in the catalog may be mispriced. If an item's correct price is higher than the stated price, Ledrise.com will contact you via e-mail to discuss alternatives, which might include changes in your order or extra payment.
4.7 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Ledrise.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
5. Intellectual Property Rights (IPR) Protection Policy
5.1 Ledrise.com respects the intellectual property rights of others, and we expect our users to do the same. Unauthorized use of another party's materials and trademarks are dealt with severely on our website.
5.2 Ledrise.com does not sell any replicas or copies of known LED or LED Items. All items sold under a brand name are original items made by the manufacturer stated on the website.
5.3 Items sold under the LEDRISE brand name are NO LOGO items produced at our factory or at the factories of our suppliers. If you suspect these items infringers your copyright please send us an email.
5.4 How to report an alleged IPR infringement to Ledrise.com:
If you have a good faith belief that a listing on the Site infringes your copyright, trademark, patent or other intellectual property rights, you may send us an email at [email protected] The completed Notice should specifically identify each and every link which is claimed to be infringing your rights (specific URL). The complainant must upload the following materials as attachment for qualification verification:
According to the rights asserted, please provide rights proof, such as patent registration certificate, trademark registration certificate and copyright registration certificate, etc. (note: registration certificate of the intellectual property rights should be provided; application advice / acknowledgement is insufficient rights proof)
Individual: ID card, passport and other identification proof documents
Enterprise: business license and other industrial and commercial registration documents
rights-holder authorization proof
If the complainant is not the rights-holder, he must produce authorization or agency certificate duly signed or sealed by the rights-holder.
Upon receipt of the aforesaid Notice and other information, we will promptly evaluate your complaint, and in cases where it is appropriate, we will expeditiously take down the listing referred to in your claim.
We will notify the seller in writing of the removal of the claimed infringing item listing and provide the seller with your contact information so that the seller may contact you directly and with an opportunity to respond.
If the seller objects to the removal of the alleged infringing item listing, the seller may submit to us an appropriate counter-notice to dispute the claim. Upon receipt of such counter-notice, we may resume the seller's listing unless we receive notice from you that an action has been filed against the member in a court of competent jurisdiction for infringement of your intellectual property rights.
6. Limitation of Liability
6.1 To the maximum extent permitted by law, the features and services on the site are provided on an "as is" and "as available" basis, and ledrise.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
6.2 To the maximum extent permitted by law, ledrise.com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the site.
6.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from Ledrise.com or through or from the Site shall create any warranty not expressly stated herein.
6.4 Under no circumstances shall Ledrise.com be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
6.5 Each User hereby agrees to indemnify and save Ledrise.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save Ledrise.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Ledrise.com. Each User hereby further agrees to indemnify and save Ledrise.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to items offered or displayed on the Site. Each User hereby further agrees that Ledrise.com is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Ledrise.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Ledrise.com in asserting any available defenses.
6.6 Ledrise.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
the use or the inability to use the Site;
any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
violation of Third Party Rights or claims or demands that Users' manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of items or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
unauthorized access by third parties to data or private information of any User;
statements or conduct of any User of the Site; or
any matters relating to Premium Services however arising, including negligence.
6.7 Notwithstanding any of the foregoing provisions, the aggregate liability of Ledrise.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Use for all claims arising from the use of the Site or the Ledrise.com service shall be limited to the greater of (a) the amount of fees the User pays to Ledrise.com or its affiliates in the 12 months period prior to the action giving rise to liability and (b) HK$100. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or the Ledrise.com service must be filed within one (1) year from the date the cause of action arose.
7. Intellectual Property Rights
7.1 Ledrise.com is the sole owner or lawful licensee of all the rights to the Site and the Ledrise Content. The Site and Ledrise.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Ledrise.com Content shall remain with Ledrise.com, its affiliates or licensors of the Ledrise.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by Ledrise.com are hereby reserved.
7.2 "LEDRISE", "LEDRISE.COM" and related icons and logos are registered trademarks or trademarks or service marks of Ledrise.com, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
8.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
8.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
8.4 Ledrise.com's failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right nor waives Ledrise.com's right to act with respect with subsequent or similar breaches.
8.5 Ledrise.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement). The User may not assign, in whole or part, this Agreement to any person or entity.
8.6 This Agreement shall be governed by the laws of the Hong Kong Special Administrative Region ("Hong Kong") without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Hong Kong.
8.7 If there is any conflict between the English version and another language version of this Agreement, the English language version shall prevail.