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1.1 These Terms and Conditions shall apply to all contracts for the sale of stock by Tuoingocandmade the Seller to its Customers and shall prevail over any other documentation or communication from the Buyer.
1.2 All orders for stock shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
1.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
1.4 The Buyer will own the items that the Seller supplies from the moment they are put in the hands of the postal service, or with the Seller’s carriers, or when ‘payment in full’ is received for the stock and any delivery charges.
1.5 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
1.6 The Seller reserve the right to change these terms and conditions at any time without prior notice. However, the Seller will not change the terms and conditions on any received orders. Changes will only apply to orders received subsequent to the date and time the change was made and changes will not have retrospective effect.
1.7 By accessing this website and/or placing an order with Oriental Star, the Buyer will be deemed to have read, understood and agreed to be bound by these terms and conditions. If you are unhappy with any aspect of these, then you should contact us before placing an order with us.
2. PRICES AND PAYMENT
2.1 The prices are based on today’s current costs of production and are correct at the time of quotation or at the date of order but may have to be altered up or down due to circumstances beyond our control and prices are subject to change without prior notice. However, once the order has been placed there will be no change in the prices.
2.2 Prices are inclusive of normal packing . A certain discount is always considered for customers those who place repeated orders or for very large orders.
2.3 We reserve the right to reject an order if we have mistakenly quoted an incorrect price.
2.4 Payment of the total order value must be made in full before dispatch of the Goods or original shipping documents (where applicable).
2.5 Payment can be made by bank transfer, Western Union, cash or Irrevocable L/C at sight, and Irrevocable L/C at sight is preferred, especially for large orders(from 15,000 USD/order).
3. PURCHASE OF PRODUCTS
3.1 The Seller reserve the right not to accept the Buyer’s order in the event, for example, that the Seller are unable to obtain authorization for payment; the item ordered is out of the Seller’s production ability or does not satisfy the Seller’s quality control standards or the item is withdrawn.
3.2 Once the Buyer has checked out and the order has been confirmed, they will not be able to make any changes to there order without the Seller’s acceptance; so please make sure everything is correct before placing an order.
3.3 If there are any problems with the Buyer’s order, the Seller shall contact them. The Seller reserve the right to reject any offer to purchase by the Buyer at any time and for any reason.
4. PRODUCT INFORMATION & DESCRIPTIONS
4.1 Every care has been taken to display as accurately as possible the colours of our products that appear on this website, colour may vary in accordance with the settings of your monitor, software or printer. We cannot guarantee that your monitor's display of colour will accurately reflect the colour of the product upon delivery
4.2 Measurements given are approximate. However, we make every effort to ensure that all details, descriptions and colours appearing on this website as accurate as possible.
4.3 All of our products are entirely handmade using all natural materials, Each piece is unique and handcrafted one at a time and as a result they may slightly vary from piece to piece in terms of shape, size, color as well as other relevant specifications and therefore any minor marks, blemishes and variations should be regarded as part of the hand made and natural nature of the materials used that no two pieces will be alike. We believe this only adds to its quality and beauty and is considered to be part of its uniqueness rather than a problem. However, buyers should be aware of such minor variations before purchasing.
4.4 Photographs are for illustrative purpose only, and may not exactly match the products themselves.
5. SMALL ORDERS
Buyer can merge an small order of mixed stock displayed on our website and we will notify you the normal postal cost base on gross weight
Where you require a quantity smaller than our required minimum order quantity, this is normally possible but usually carries a small order surcharge.
6.1 Delivery of the Goods shall be agreed between the Seller and the Buyer at the time the order is placed.
6.2 Special rush delivery can be arranged but will usually subject to the Seller’s production ability.
7. CANCELLATION AND RETURNS POLICY
7.1 If you wish to cancel your order, you have to notify us in writing before we start production of your order.
7.2 You must inspect the Goods immediately upon receipt and notify us within 15 days of receipt. If your order is shipped to you by trucks ( not in a container), please inspect the packages for visible damages before the carrier leaves and make any notations on the Bill of Lading (delivery receipt).
7.3 If you receive any damaged or wrong items due to our production, materials or packing errors, please take clear & close-up photos of them and then send us as proof for replacement or refund within 30 days from your receipt of the goods (as agreed by the two parties).
7.4 In some certain circumstances, we need you to return the damaged or wrong items by post or by sea as proof for replacement or refund (as agreed by the two parties). The products are returned must be complete, in perfect condition, unused, and with the original packaging in order to prevent damage in transit. Please ensure that it is packed and labelled carefully so that it is not lost or damaged in transit, as the goods are at your risk until they are received by us.
8.1 When you place an order, you will be asked to provide certain information such as name, address, bank details and e-mail address etc. to enable us to fulfil the order, contact you (if necessary) and inform you of any special offers.
8.2 We respect and protect the privacy of our customers and those who use this website. Your information is never sold, rented, loaned, or the like, to any third party for any reason. However, please note that we are obliged, if requested by the police or any other regulatory or Government authority investigating suspected illegal activities, to release information to them.
9. SERVICE ACCESS
9.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
9.2 Access to this Website may be suspended temporarily and without prior notice in the case of system failure, maintenance or repair or for reasons beyond our control.
10.1 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
10.2 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
10.3 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
11.1 We do not share our customers data in anyways with any other parties unless we encounter technical difficulties and such shared data will be discard immediately after such technical difficulties are solved.
11.2 All reasonable steps are taken to protect your personal information. However, the nature of the internet means that an absolute guarantee of security cannot be given and there is a small security risk in exceptional circumstances when disclosing information on-line.
12. TITLE AND RISK
Title and risk in the Goods shall pass to you upon delivery of the Goods. All goods, delivered or not, remain our property until payment is received in full.
13.1 Claims arising from damages, delay or partial loss in transit or with regard to the quality or quantity of the goods must be made in writing, so as to reach us within 15 days from date of receipt of the goods. Otherwise, the goods shall be deemed to comply with the terms of the contract.
13.2 You must examine all goods immediately upon receipt. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the Bill of Lading (delivery receipt) at the time of delivery If your order is shipped to you by trucks ( not in a container).
13.3 Claims in respect of non-delivery must be made in writing so as to reach us within 15 days from estimated date of arrival.
In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 3 months from the date of receipt.
15.1 While we use reasonable endeavours to ensure that the information on this website is accurate and up to date, we do not give any warranty as to its accuracy or completeness and we will not be responsible for any errors or omissions or for the results arising from the use of such information.
15.2 While we takes all reasonable steps to ensure a fast and reliable service, we do not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
We will not be responsible nor liable for your use of any other websites which you may access via links within this website. we do not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with us.
16. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations under the contract if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to earthquake, lock outs, fire, accidents, flood, war, strikes, social riots, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply and the like, and the party shall be entitled to a reasonable extension of its obligations.
17. GOVERNING LAW AND JURISDICTION
17.1 These terms and conditions shall be governed by and construed in accordance with Vietnamese law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Vietnamese courts.
17.2 We do not warrant that materials/items for sale on this Website are appropriate or available for use outside Vietnam. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside Vietnam, you do so at your own risk and you are responsible for compliance with local laws.