條款及細則
OVERVIEW
This website is operated by viaSWEAT. Throughout the site, the terms “we”, “us” and “our” refer to viaSWEAT. viaSWEAT offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
CHANGES TO TERMS AND CONDITIONS
viaSWEAT reserves the right to alter and change these terms and conditions occasionally. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. Changes to the terms and conditions will be effective immediately upon publication on this website. You can review the most current version of the Terms of Service at any time on this page. Your continued use of the website following such publication will represent an agreement by you to be bound by the terms and conditions as amended. It is your responsibility to be aware of these terms and conditions as they may be altered.
THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. If you decide to access any third party website linked from our website, you do so at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
YOUR OBLIGATIONS
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.
You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.
INTELLECTUAL PROPERTY
All copyright featured or displayed on the website is owned by us. Except as may be otherwise indicated in specific areas within the website, you are authorised to view, play, print and download documents, audio and video found on the website for personal, informational, and non-commercial purposes only.
Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website.
Except as authorised under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the website.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All of our trademarks, service marks and trade names used herein (including but not limited to the words marked "viaSWEAT") are our trademarks or registered trademarks, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without our prior written consent.
The use of our trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the website in any external internet website or the creation of links, hypertext, links or deep links between the website and any other internet website, is prohibited without our express written consent.
RESTRICTED USE
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission sell information obtained from this website.
PRIVACY POLICY
We undertake to comply with the terms of our privacy policy, which is provided on this website. By using this website, you acknowledge that you have read our privacy policy.
We may use cookies in delivering the website to you. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website's computers and stored on your computer's hard drive.
We do not currently require our users to register in order to access our website, but we reserve the right to do so in the future. Should we implement a registration process we will of course commit to comply with any privacy legislation applicable at the time in respect to your user information.
SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
TERMINATION OF ACCESS
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please see our Privacy Policy for more information.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall viaSWEAT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless viaSWEAT and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Taiwan, Republic of China.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@viasweat.com.
WHOLESALE TERMS AND CONDITIONS
Thanks for your interest in stocking VIASWEAT!
We are happy to offer wholesale accounts to businesses interested in carrying our products. For wholesale inquiries, please email biz@viasweat.com.
TERMS
VIASWEAT reserves the right to revise these terms and conditions. The date of the latest update is found in the final section of the Terms and Conditions. Users are responsible for keeping themselves updated with such changes.
WHOLESALE PRICING
All prices listed on the line sheet and/or order form are wholesale prices in USD. Suggested retail price is also as listed and strongly encouraged.
Our prices are usually good for the calendar year, but we reserve the right to adjust prices without notice. Our sole liability is limited to replacement of defective merchandise. We assume no responsibility with respect to the use or misuse of the products we sell.
PLACING AN ORDER
If you already have a wholesale account, proceed to place your order using the order form with our product list and prices. Contact us first to make sure you have the most recent products info form.
If you do not yet have a wholesale account, please contact us at biz@viasweat.com with the name, address and website of your shop and include a brief description of your store and product range.
If you’re a distributor interested in carrying our collections, please contact us at biz@viasweat.com with your information and someone will get back to you.
CHANGES
Any changes in orders requested by Wholesaler, including, without limitation, scope of work, shipment schedule releases, delivery, or increase or decrease in quantities shall only be effective if accepted in writing by VIASWEAT. Any changes or cancellation to orders must be emailed to biz@viasweat.com within 48 hours of order placement.
Such changes may require other terms to be modified, including price terms and VIASWEAT reserves the right to make such adjustments. Wholesaler may not modify release schedules for goods after VIASWEAT has shipped goods.
STOCK AVAILABILITY
If we are out of stock of the products you have ordered or we cannot fulfill your complete order, we will notify you through the contact information listed on the order form in a timely and speedy manner. You will have the option of revising your order, if payment has not yet been made, or accepting a credit or payment return for the products we were unable to fulfill if payment has already been processed.
SHIPPING
Though your shipment will likely go out sooner, please allow up to 2-4 weeks for your order to ship. Shipments are from VIASWEAT’s warehouse in Taipei, Taiwan. Custom taxes are paid by the customer. Shipment fees are charged in accordance to the agreed upon arrangement between VIASWEAT and customer. We reserve the right to use our discretion as to the carrier to be used on any shipment. Your preferred carrier may be used if you agree to assume any additional transportation charges.
DROP SHIPMENTS
Customer drop shipments are not accepted.
PROOF OF DELIVERY
VIASWEAT will ship your order complete (or to your instructions) to the address shown on your order. A tracking number will be available for your convenience. If you need assistance tracking your package(s), please contact VIASWEAT at +8862-2777-2778 or biz@viasweat.com
While we do everything to prevent it, products can go missing or become damaged during shipment. Please contact the shipment carrier regarding any missing or damaged merchandise. Inspection, acceptance or rightful rejection of goods shall be made within three (3) days after Wholesaler’s receipt of goods. VIASWEAT reserves the right to refuse any shipment claims submitted after the 3 days period has expired.
DAMAGES / DEFECTS
Please inspect all shipments immediately upon arrival. Please contact VIASWEAT at biz@viasweat.com within three (3) days of receipt of damaged or defective shipments. Returned merchandise will be replaced with new merchandise. Returned merchandise will not be accepted if it is held for more than 10 days after receipt.
RETURNS / EXCHANGES
Wholesale merchandise may not be returned or exchanged. We only accept returns in the case of defective merchandise as noted above.
If you need to return a defective item, please contact VIASWEAT immediately at biz@viasweat.com or +8862-2777-2778. Unless otherwise provided in a written agreement with Wholesaler, catalog products in original unopened packaging and in re-saleable condition may be returned within ten (10) days of original receipt. Products not offered in VIASWEAT’s catalog or products that are not part of the same order may not be returned. Wholesaler shall pay for return freight on products unless the return is due to VIASWEAT’s error.
PAYMENT
Orders are shipped prepaid, by bank transfer, PayPal or any other agreed upon payment service, or net 30 days with pre-approved credit.
CREDIT TERMS
You understand that your opening order will be prepaid before receiving the goods. Established businesses may apply for credit by completing our credit application or by submitting a copy of an existing credit reference sheet. Upon approval, terms are net 30 days. Accounts with a past due invoice will not be shipped and shall bear interest at 5% for every 30 days past due or the maximum allowed by law for any past due balance.
OTHER CONDITIONS
You warrant the information provided on your order to be true. You grant VIASWEAT permission to investigate applicable credit references, including bank, commercial and consumer credit checks, if necessary. You understand that credit information regarding your account may be provided to credit reporting agencies or upon our request as a reference. You agree that VIASWEAT’s Terms and Conditions of Sale applies for all sales of goods by VIASWEAT. You understand that all products sold are non-returnable, unless defective. You agree to pay VIASWEAT’s invoices within the stated terms of sale. You understand any credit given to you by VIASWEAT is discretionary with VIASWEAT and may be revoked at any time. You agree to pay the amount in full in advance to receive the order for first-time orders.
CONSIGNMENT
At this time, we are not able to offer consignment outside of Taiwan.
NOTICE
Prices and terms are subject to change without notice. We regret any typographical errors and cannot be held responsible for them.
MINIMUMS
We require a low minimum opening order of USD$1,000. For questions, please contact biz@viasweat.com
No minimum order is required for re-orders. If you are one of our returning vendors and wish to pay within 30 days of your order, let us know and we will update your invoice. Late payments are subject to a 5% late fee for every 30 days past due.
EXCLUSIVITY
We don’t offer exclusivity to any web shop or brick-and-mortar retail shops under minimum orders and reorders.
CURRENCY
All prices listed on the order form are in USD. When paying by bank transfer, please instruct your bank to pay all bank charges.
PRODUCT INFORMATION
You can request product images for your web site or catalog in your choice of size and resolution. Please let us know and we will email you the files and licensing to do so.
COPYRIGHT
All documents provided by VIASWEAT thru its website and catalog (including logos, graphics, text, photos, icons, images, data and designs) are owned by VIASWEAT. Unauthorized use is strictly prohibited. No part of VIASWEAT website and catalog may be published, stored or transmitted — in any form or by any means
— without written permission from VIASWEAT. Copyright violation may result in costly fines for you or your organization.
Updated 02/09/2017