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Welcome to VERTEXAYZ CO., LTD's EU website, vtxayz.com. These Terms of Service are formulated in accordance with relevant EU laws and regulations, such as the E-Commerce Directive and the Digital Services Act, and clarify the rights and obligations of you (the user) and VERTEXAYZ CO., LTD. in connection with your use of this website. Please read these Terms carefully before using the website. By using the website, you agree to be bound by them. If you do not agree, please do not use the website.
1. Definitions
User: refers to the individual or entity who accesses and uses the vtxayz.com website.
Website: refers to the website operated by VERTEXAYZ CO., LTD, with the domain name vtxayz.com, and its associated subdomains, applications, and other digital service platforms.
Services: includes, but is not limited to, functions and activities provided by the website, such as product display, information browsing, online sales, and customer service.
Content: includes all information and materials on the website, including text, images, video, audio, data, and software.
2. Website Use License
Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes, such as obtaining information and purchasing products, subject to these Terms of Service. You may not use the Website for any commercial purpose, including but not limited to advertising, data mining, or reprinting content for commercial purposes, without our written consent.
Usage Guidelines: You must use the Website in compliance with EU laws and regulations and these Terms of Service. You may not engage in the following activities:
Disrupt the normal operation of the Website, such as sending malware, conducting DDoS attacks, or interfering with servers;
Infringe the intellectual property, privacy, or other legitimate rights of the Website or other users, such as plagiarizing Website content or misusing other users' account information;
Disseminate content that is illegal, harmful, false, infringing, or contrary to public order and morals, such as promoting terrorism, disseminating obscene materials, or publishing false commercial information;
Unauthorized reverse engineering, decompiling, modifying, or attempting to obtain the Website's source code;
Bypassing technical restrictions or security measures set by the Website, such as cracking access permissions or tampering with data transmissions.
3. Intellectual Property
Ownership: The intellectual property rights of the Website and all content on the Website, including but not limited to product designs, brand identity (VERTEXAYZ and related logos), text descriptions, images, and software programs, belong to VERTEXAYZ CO., LTD or the relevant rights holders. The intellectual property rights of third-party brands and product information displayed on the Website belong to the respective third parties and are used only within the scope of authorized use.
Use Restrictions: Except for browsing and viewing content on the Website for personal, non-commercial purposes, you may not reproduce, disseminate, modify, display, sell, sublicense, or create derivative works based on the content without the written permission of the intellectual property owner. If you wish to use the content on the Website for other specific purposes, such as quoting product information for news reporting, academic research, or other fair use purposes, you must comply with EU copyright law and credit VERTEXAYZ CO., LTD and this Website as the source of the content.
4. Products and Services
Product Information: While we strive to ensure the accuracy, completeness, and timeliness of the product information on the Website, minor inaccuracies may occur due to delays in updating information, technical glitches, and other factors. If the product does not match the description on the website, the actual product will prevail. We will provide you with reasonable solutions in accordance with EU consumer protection regulations, such as returns, exchanges, and price difference compensation.
Orders and Sales: Placing an order for a product on the website constitutes an offer to purchase from us. We reserve the right to decide whether to accept your order based on factors such as product availability, price fluctuations, and promotions. Order confirmation will be determined by the order confirmation email or other explicit notification we send you. Specific terms and conditions for purchasing a product, such as price, shipping methods, and return and exchange policies, will be determined on the order page and in accordance with relevant policies.
Customer Service: We provide customer service through channels such as email at [email protected] to answer your questions regarding website usage, product inquiries, and order processing. We will respond to your inquiries within a reasonable time, but response times may vary depending on the volume and complexity of your inquiries.
5. Data Protection and Privacy
Data Processing: We collect, store, use, and transfer personal data (such as your name, address, contact information, and purchase history) provided by you when using the website. These processing methods are subject to our EU Privacy Policy. We will strictly comply with the EU General Data Protection Regulation (GDPR) and other regulations to protect the security and privacy of your personal data.
User Rights: You have the rights of access, correction, deletion, restriction of processing, and portability of your personal data. The specific methods and procedures for exercising these rights are detailed in the Privacy Policy. If you have any questions about our data processing practices or believe your rights have been violated, you may contact us through the channels specified in the Privacy Policy or file a complaint with the relevant regulatory authorities.
6. Limitation of Liability and Disclaimer
Limitation of Liability: To the maximum extent permitted by EU law, VERTEXAYZ CO., LTD's liability for direct, indirect, incidental, special, punitive, or consequential damages (including, but not limited to, lost profits, lost data, business interruption, etc.) arising out of the use of the website or the inability to use the website, the purchase of products, or the acquisition of services is limited to the actual fees paid to us for the products or services (if any).
7. Disclaimer:
The website and services are provided on an "as is" and "as available" basis. We do not guarantee that the website will be error-free, virus-free, or uninterrupted, or that the content on the website will be accurate, complete, or up-to-date. Due to the nature of internet technology, there may be risks such as network delays, data transmission errors, and hacker attacks. We are not responsible for service interruptions or data loss caused by these events, but we will make every effort to restore service and protect data.
We have no control over and assume no responsibility for content provided by third parties (such as linked external websites and product information provided by product vendors). You click on third-party links or use third-party services at your own risk and must comply with the relevant third-party regulations.
If we are unable to fulfill our obligations under these Terms of Service due to force majeure (such as natural disasters, war, government actions, network service provider failures, or other unforeseeable, unavoidable, and insurmountable objective circumstances), we will not be liable for breach of contract, but will restore service within a reasonable time after the force majeure event has ceased.
8. Account and Security
Account Registration: If the website offers account registration, you must provide true, accurate, and complete information when registering and keep your account and password confidential. You are responsible for all activity under your account. If you discover your account has been compromised or presents a security risk, you must notify us immediately. We will assist you in taking steps to protect your account, but we are not responsible for any losses incurred due to account theft prior to notification.
Security Measures: We implement reasonable technical and organizational measures to protect the website and prevent data leakage, alteration, and loss. However, you should also pay attention to the security of your own devices and network, avoid using the website in unsecured environments, and refrain from disclosing sensitive information such as account information to others.
9. Website Changes and Termination
Changes: We reserve the right to make changes to the website at any time, including but not limited to functional adjustments, page design updates, content modifications, and changes to the Terms of Service. We will post a notice of changes on the website or notify you through other reasonable means. If a change materially affects your rights, we will give you reasonable time to consider the change before it takes effect. Your continued use of the website after the change takes effect constitutes acceptance of the new terms and conditions.
Termination: We may terminate your access to and use of the website at any time without notice if: you violate these Terms of Service; if required by law or regulation; if the website is unable to operate normally due to technical failure, maintenance, or upgrades and cannot be restored within a reasonable time. After termination of service, we will process your personal data in accordance with applicable laws and regulations, such as deleting data no longer required. You also have the right to cease using the website at any time. After ceasing use, you must properly dispose of your personal data related to the website, such as deleting locally cached website content.
10. Dispute Resolution
Negotiation: If you and we have any dispute regarding these Terms of Service or the use of the website, we will first resolve it through friendly negotiation. You can contact us at [email protected] to explain the dispute and your request, and we will actively negotiate a solution.
Mediation and Arbitration: If negotiation fails, you may submit the dispute to an EU-approved online dispute resolution platform (such as the EU Online Dispute Resolution Platform) for resolution through mediation or other means. If both parties agree, the dispute may also be submitted to arbitration in accordance with relevant EU arbitration regulations. The place of arbitration, arbitration rules, and other matters will be agreed upon by both parties in the arbitration agreement.
Litigation: If mediation or arbitration cannot resolve the dispute, you may initiate litigation in a competent court, where permitted by EU law. Litigation shall be conducted in accordance with the laws of the EU and its Member States.
11. Other Terms
Entirety: These Terms constitute the entire agreement between you and VERTEXAYZ CO., LTD regarding the use of the Website and supersede all prior oral or written agreements. If any portion of these Terms is held invalid or unenforceable, the validity and enforceability of the remaining portions will not be affected.
Waiver and Modification: Our failure or delay in exercising any right under these Terms will not constitute a waiver of such right. Changes to these Terms must be published in writing and communicated to you in the manner described above. You may not modify these Terms without our written consent.
Governing Law: The interpretation, enforcement, and dispute resolution of these Terms shall be governed by the laws of the European Union and its member states (determined by applicable law).