The following describes the terms on which TOBUYLA.com offers you access to our services.
the website is operated by "Guigang Yuyang Network Technology Co., Ltd."
Welcome to TOBUYLA. By using the TOBUYLA.com website including its related sites, services and tools (the "Website"), you agree to the following terms, including those available by hyperlink, with Global PSM Pte. Ltd. and the general principles for this Website.This Agreement is effective on 15 July, 2014 for current users, and immediately upon acceptance by new users.
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18 years old, you may use this Website only with authorization from a parent or legal guardian.
The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Using this Website
While using this Website, you will not :
- post content or items in an inappropriate category or areas on our Website or services;
- violate any laws, third party rights, or our policies such as the custom Related;
- use our Website or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website;
- manipulate the price of any item or interfere with other user's listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to the Company;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- take any action that may undermine the feedback or ratings systems;
- transfer your account to another party without the Company's consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm the Website, or the interests or property of users of the Website;
- copy, modify, or distribute content from the Website and the Company's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent; or
- use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions, holds or other policy consequences
Violations of this policy may result in a range of actions, including:
- Listing cancellation
- Account suspension / termination
- Criminal charges / claim for damages
Abusing our Website
We keep our Website and services working properly and safe. Please report problems, offensive content and policy violations to us.
Our Brand and Copyright Protection works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our Team at service@TOBUYLA.com and we will investigate and possibly ask the SELLER to remove the item in our Shopping platform.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Purchase and Payment
You should carefully read the item detail page and review information such as price, option price, China shipping charges, International Shipping Charges, import duty, etc. and terms and conditions for sales before purchasing an item.
We do not ship to other countries and only accept order made for delivery in Singapore.
We take no responsibility and assume no liability for any loss or damages to a buyer arising from shipping information and/or payer information entered by the buyer or wrong remittance by the buyer in connection with the payment for the items purchased. We reserve the right to check whether a buyer is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
The buyer is considered the importer of record and must comply with all laws and regulations of the country in which the buyer is receiving the goods. Buyers should make sure that they can lawfully import the item into the buyer's country before purchasing the item.
Buyers may be subject to import duties and taxes, which are levied once a shipment reaches the buyer's country. In principle, additional charges for customs clearance must be borne by you if not specified otherwise in the item detail page explicitly; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country--please contact your local customs office for further information.
Your privacy is important to us, and we know you care how information about your order is used and shared. We would like our international buyers and sellers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities.
Also, we or sellers may provide certain order, shipment, and product information--such as titles--to our or their international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us or sellers to state the value of the purchased item directly on the package.
Prohibited Item Includes:
• Artwork, Antiques and Collectibles
• Alcoholic Beverages
• Any type of standalone batteries
• Counterfeit or Pirated goods or materials
• Cigarette lighters in shapes of pistols or revolvers
• Chewing Gums
• Controlled drugs and psychotropic substances
• Dangerous Goods (Hazardous or combustible materials) including asbestos, ammunition, explosives, poisons, flammable items, radioactive material, compressed gas, corrosive, firearms and any item which by its nature of packing cause damage to other items.
• Flammable items such as perfume/nail polish
• Live animals, reptiles, snakes, birds, insects and endangered species of wildlife, and their by-products.
• Medical samples (e.g. biological/diagnostic specimens, blood, urine, bodily fluids, etc)
• Perishable items (e.g. foodstuffs, products require temperature controls, etc)
• Radio transceivers and secure communication devices
• Jewellery, Precious metals and stones including gold and silver.
• White powdery substance or item (e.g. Baby powder and etc)
• Weapons (swords/knives/guns etc)
• Seeds/life plant
• Seditious and treasonable materials
• Tobacco products
While we will try our best to inform you on the prohibition to purchase any of the above products, we will not be responsible for any refund or cancellation. We do not guarantee for the SELLER to agree for a full refund of the above products. You will be held responsible and liable if such items are confiscated or abandoned or if there is any extra cost incurred for purchasing and shipping such items.
Cancellation, Return and Refund
Buyers may only cancel purchases limited to the following conditions before shipment. Once shipped, purchases will be subject to return process rather than cancellation process.
Return costs shall be borne by the party attributable to the return request, such as:
- the seller, where the return is due to the defects in the item, delivery of the wrong or different item
- the Buyer if the Buyer not did not indicate their Quality Requirement.
For purchases in China, return attributable to the BUYER may not be practically possible due to high return costs. Shipment cost back to China is chargeable at $8/500g. We or Sellers take no responsibility and assume no liability for such cases.
Upon completion of the cancellation or the refund process, the Company shall refund by depositing funds back into the Ewallet of the buyer and not in any form of cash. Buyers may at any time request to withdraw from the Ewallet and the request amount shall be remitted to the Buyer's bank account within 14 business days.
The company will not accept cancellation or refund due to reason such as Change of mind, Wrongful order or Careless order by Buyer or when the Buyer finds that the International Shipping Charges are higher than expected. In the case of products where Chargeable Weight is higher than the initial default 500g, the buyer can instruct TOBUYLA to stop International Shipping. For this case, we will only refund any prepaid International Shipping Charge based on the Estimated Chargeable Weight Policy and not the cost of the product purchased in China.
TOBUYLA will not entertain any refunds or cancellation other than OUT OF STOCK or INCREASE IN CHINA PRODUCT COST
Reorder / Exchange Policy
In the case where the products arrived with defects in TOBUYLA’s China warehouse, we will inform customer with pictures of the defects. With the instruction of the BUYER, we will Exchange for a new product from the SELLER. If there is no instruction on any Exchange from the BUYER, we will proceed to ship to Singapore. We will not be liable for delay shipment for such cases. There shall be no refund or cancellation for such order.
In the case where the products are delivered with defects or delivered with the wrong colours and quantities to the BUYER in Singapore, we will arrange for a free Exchange for the same product from the SELLER. We will not be liable for any delay in the reorder and exchange process.
Once the products are received and signed by the BUYER on the Delivery Order, no Exchange, Refund or Return will be entertained. The BUYER is deemed to have check and ensure that the product is in good condition when the Delivery Order is signed.
Quality Control Policy
TOBUYLA will help our customer to check the quantity, size, colour and obvious defects when the products arrive in TOBUYLA’s China warehouse according to the Order deｓｃｒｉｐｔions.
For colour checks, TOBUYLA will only do quality check based on general colours. For example, watermelon red will be understood as red colour.
TOBUYLA do not perform quality checks on quality and functionality. For products received that were non-functioning.
TOBUYLA will assist you to liaise with SELLER for exchange or repair. In such cases, any additional cost incurred will be bear by BUYERS.
TOBUYLA do not accept changes in Order once the Order is made. Any request over the phone or email for changes will not be entertained.
Pricing and Seller Activities
Sellers shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated through the TOBUYLA system and shall not post inaccurate information.
The price of items and option items for sale will be determined by the seller at his/her own discretion. Sellers may wish to take into consideration all relevant factors, including, without limitation Basic Fees, Option Item Fees, Shipping Charge Fees and other service fees. Also the settlement amount (before deducting other service fees therefrom) payable to a seller for a sale will be determined by the seller at his/her own discretion based on the price of the items and Basic Fees.
The price of an item posted does not include LOCAL Shipping charges in China and INTERNATIONAL Shipping charges from China to Singapore. All the item’s prices will be subject to LOCAL Shipping charges in China and INTERNATIONAL Shipping charges. The International Shipping Charges will be subjected to the Weight, Size and Dimensions as stated in the Shipping Charges within the COST & FEES page of our website.
Sellers agree that the Company may at its discretion engage in promotional activities for and on behalf of sellers to induce transactions between buyers and sellers by reducing, discounting or refunding Basic Fees and other service fees, or in other ways. In no event, such adjustment of Basic Fees and other service fees will affect the originally determined settlement amount payable to sellers. The final price that buyers will pay actually will be the price that such adjustment is applied to.
For the purpose of promoting the sales of the items listed by sellers, the Company may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by the Company.
Sellers will not issue receipts, credit card slips or tax invoices to buyers on request.
International Shipping and Delivery to Door
While TOBUYLA searches for the best International Forwarder and Logistic companies to shipped the Goods from TOBUYLA’s China Warehouse and to you, we are not responsible for any delay or any defect in the goods due to transportation reason. We will negotiate for compensation with the best interest to the BUYER should there be proof of defect due to shipping reason.
The standard chargeable shipping cost for International Shipping will be based either on the EXACT WEIGHT or VOLUMETRIC WEIGHT of the good, whichever is greater. Should the SELLER indicate in their product deｓｃｒｉｐｔion about the weight of a good, it may not necessary be referring to the Volumetric Weight. Volumetric Weight is usually applicable to items that are light weight yet bulky. BUYERS are expected to make their own calculation of the Volumetric Weight based on the calculation method as stated under Cost and Fees before making any purchase.
TOBUYLA will inform the BUYER should the Volumetric Weight be bigger than the Exact Weight when the goods arrive at Sbuy4u’s china warehouse. Refund will not be entertained due to the reason of Volumetric Weight higher than Weight stated by the SELLER in the website.
For delivery to door, the forwarder will only deliver the Good up to the door of the BUYER. The forwarder/transporter will not be responsible for:
- unpacking, dismantling or assembling of any goods, unit, system or furniture;
- disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings or equipment;
- moving and carrying of the Goods within the house or premises.
TOBUYLA will not be responsible for any delivery delay or failure to deliver due to whatsoever reason by the forwarder/transporter.
You may post reviews, comments, photos and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you are deemed to have granted the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You are deemed to have granted the Company and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Parties other than the Company operate stores, provide services, sell products or list advertisement on this Website, and this site may link to sites of affiliated companies and certain other companies. The Company is not responsible for examining or evaluating, and does not warrant the products of such business or individual or the content of their web sites. The Company does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
For the avoidance of doubt, If TOBUYLA.com has reasonable grounds to believe that any User is in breach of any of the terms of this Agreement, TOBUYLA.com reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, TOBUYLA may disclose the User's identify and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if TOBUYLA is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. TOBUYLA shall not be liable for damages or results arising from such disclosure, and the User(s) agrees not to bring action or claim against TOBUYLA for such disclosure.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
You will not hold the Company responsible for other users' content, actions or inactions, or items they list, including things they post. You acknowledge that we are not a traditional online shopping service provider or auctioneer. Instead, We provide an electronic marketplace for buyers and sellers and arranges transactions between such buyers and sellers. The Company is responsible for operating and managing its Website and makes reasonable efforts in order to maintain efficient services. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. We cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Website and services.
All materials, information, software, products, services and other content contained in this website, or obtained from a linked site is provided to the user "as is" without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The company has made reasonable efforts to post current and accurate information on this website; however, the company assumes no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided in this website. Under no circumstances will the company be liable for any loss or damage caused by the user's reliance on information obtained through this website. It is the user's responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of this website is solely at the user's own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to some users.
Limitation of Liability
The user specifically agrees that the company shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this website. The user specifically agrees that the company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. The user specifically agrees that the company is not responsible for any content sent using the communication services and/or included in this site by any third party.
In no event shall the company be liable for any special, incidental, indirect, punitive or consequential damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, (including without limitation, those resulting from: (1) reliance on the materials presented, (2) costs of replacement goods, (3) loss of use, data or profits, (4) delays or business interruptions, (5) and any theory of liability) arising out of or in connection with the use of, or inability to use this website, whether or not the company has been advised of the possibility of such damages.
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this User Agreement. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between the Company and any buyer or seller.
Except as explicitly stated otherwise, any legal notices shall to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.
Applicable Law and Jurisdiction
By visiting this Website, you agree that the laws of Singapore, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and the Company.
The courts of Singapore will have non-exclusive jurisdiction over any legal action or the proceedings against the Company arising out of, with respect to, or in connection with any disputes over this User Agreement and disputes between Users.
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. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 14 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.