1.1 These General Terms & Conditions (hereinafter “GTC”), of the Chipsee Co., Limited (hereinafter “Chipsee”), are the basis of any and all offers, deliveries and services of Chipsee. Chipsee concludes any and all contracts solely on the basis of these GTC. Contradicting terms of conditions of other parties (business partners) are only relevant if Chipsee has so accepted in writing beforehand.
1.2 The valid version of these GTC is currently published on Chipsee’s website chipsee.com, where it can be read and printed.
1.3 This GTC are valid towards all contractual partners of Chipsee (“customers”), hence towards enterprises as well as towards consumers.
1.4 Chipsee concludes contracts exclusively with fully contractually capable natural persons or respective legal entities.
1.5 If an order has been placed by a person who does not meet these prerequisites (1.4), Chipsee is entitled to call the contract void within a reasonable time period after the said defect has been perceived by Chipsee.
2. Offer and Conclusion of the Contract
2.1 All offers of Chipsee are non-binding. A contract binding for Chipsee is only concluded by the following actions and/or declarations by Chipsee:
- dispatch of the written order confirmation, or
- dispatch of the ordered goods, or
- providing the ordered service.
2.2 Chipsee reserves the right to refuse acceptance of any order without reasons to be given.
2.3 In case Chipsee cannot accept an order from a customer, for example, because the ordered product or service is not available, Chipsee is obliged to both inform the customer without any delay and return any payments already made. Same applies if the offer of a customer is not accepted by Chipsee. This obligation does not apply if the processing of the order is obstructed by a technical defect.
3. Right of Withdrawal and Return Policy
3.1 A customer can call a contract entered into over distance (“distance contract”) and/or a declaration regarding distance contract void within seven working days. Regarding contracts for the supply of goods, the avoidance period starts on the date of receipt by the consumer. Regarding service-contracts, the avoidance period starts on the date the contract has been signed. It is sufficient if the declaration of avoidance is sent within the avoidance period (date of postmark). The avoidance of the contract must be executed by sending a written notice of avoidance as well as in compliance with the process of returning goods (set forth in sec. 3.6 below). Such notices of avoidance must be sent to:
CHIPSEE CO. LIMITED
Xinyuan Science Park B406, 97 Changping Road, Changping District
Phone: +86 10 62105170
3.2 The risks of return and the return delivery costs (postage, packing, customs duties, etc.) shall be borne by the consumer.
3.3 If the customer calls a contract void in accordance with these regulations, then (a) Chipsee has to refund the payments made by the customer as and when (b) the customer fulfills his obligation to return the products received and to pay the seller (Chipsee) a reasonable fee for the use, including a compensation for the meanwhile occurred reduction of the value of the goods and services. Obligations to reimburse payments must be fulfilled within thirty days. For the customer this period starts with the dispatch of the goods or the demand of return, for the seller (Chipsee) this period starts upon receipt. A deterioration of the goods due to damage caused during the return shipment can be avoided by the customer by using packaging suitable for transportation (e.g. the original shipment packaging or equally durable alternate shipment packaging). A deterioration of the goods may also result if the original product packaging is no longer available. In the case of loss of the original product packaging, the seller (Chipsee) reserves the right to compensation for the depreciation caused by the loss of the original product packaging. These costs can be avoided by using original product packaging and original shipment packaging in case of return shipment.
3.4 It is a prerequisite for the refunding of the purchase price that the returned goods are undamaged and that the returned shipment has been fully paid for. The packaging and shipment cost will not be refunded.
3.5 The following goods are excluded from the right of avoidance stipulated above:
- Goods produced according to consumer specifications, goods tailored to specific individual customer preferences and goods which are of such nature that they are not suitable for return (e.g. single electronic components, such as microcontrollers and chips),
- goods previously marked as not reversible/not returnable;
- unsealed software and/or already activated software (the latter especially if delivered without data carrier), audio- and video records;
- services, for which the implementation starts within seven working days from the signing date;
- goods or services whose price is subject to the developments in the financial markets, over which the company has no influence.
4.0 RMA, Return Material Approval
The customer is obliged to apply for an RMA number in writing before returning a product purchased from Chipsee. Said RMA number must be stated on the package in a legibly and prominent way. Unannounced or not adequately labeled return shipments will – without exception – not be accepted. Any costs incurred thereby shall be borne by the sender.
5. Precondition of Availability
If a service or good already ordered from Chipsee turns out not to be available any longer for any reason whatsoever, Chipsee shall be entitled, to either offer goods or services of equivalent quality and price or to call the contract void. Chipsee’s offer of a replacement or a withdrawal will be issued without undue delay, at the latest within three working days after receipt of order. Said offers shall be issued without undue delay, at the latest within three days after receipt of such order. In case of said avoidance of a contract, Chipsee will refund the payment immediately.
6.1 Unless explicitly stated otherwise, any and all prices listed by Chipsee exclude applicable taxes and fees.
6.2 In case of essentially erroneous or essentially incomplete information on products or prices issued by Chipsee, Chipsee will notify the customer immediately after recognizing such error or incompleteness. Subsequently, both contracting parties have the right to reaffirm or void the contract within fourteen days. In case of said avoidance of a contract, the last sentence of sec 4. above applies.
7. Terms of Payment
7.1 If not stated otherwise in the description of a certain product, Chipsee offers the following advance payment options: wire transfer and PayPal.
7.2 Payments are only considered made at the time of receipt (value date) on the bank account of Chipsee and have to be carried out without any deductions for Chipsee. The ordered goods or services will not be provided before receipt of full payment by Chipsee.
7.3 Additional costs, such as taxes, fees, duties etc. might incur for deliveries to countries outside China.
8. Supply, Transport, Delay of Acceptance
8.1 The goods will be delivered to the delivery address specified by the customer (see section 11.2).
8.2 With handing over the goods to the carrier, costs, and risk are transferred to the customer. Delivery dates stated by Chipsee are not binding. All shipments are insured against damage or loss.
8.3 If the customer has not accepted the goods as agreed upon (delayed acceptance), and a reasonable respite has elapsed without orderly acceptance, Chipsee is entitled to charge any cost caused thereby to the customer. Furthermore, in such case, Chipsee has the choice (i) either to insist on the fulfillment of the contract, or (ii) to call the contract void subject to a period of grace of at least two weeks and to then use the goods otherwise.
9. Retention of Title
Delivered goods remain property of Chipsee until full payment has been received. Same applies to goods replaced by Chipsee in the context of warranty fulfillment.
10. Warranty & Compensation for Damages
10.1 If a purchased good is defective, statutory China provisions apply subject to the following deviations:
10.1.1 Any and all liability of Chipsee (compensation for damages, warranty etc.) for minor defects and/or shortcomings are excluded.
10.1.2 In case of warranty to be fulfilled, Chipsee has the right to choose the remedies of warranty (repair, replacement, price reduction, conversion, etc.).
10.1.3 For new goods, the warranty period is two years.
10.1.4 The goods delivered are deemed approved by the customer if the customer does not issue a written notice of the defect within fourteen days from the delivery.
10.2 Possible repairs are carried out directly by Chipsee.
10.3 Only deviations from the delivered to the stipulated in the moment of delivery are considered defects or shortcomings. Damages, malfunctions, and defects etc. of the delivered goods, caused due to improper use, above average use, attempts of repair by the consumer or normal wear and tear due to normal use, do not fall within the scope of warranty; for such damages, faults and defects etc. of the delivered goods all liability of Chipsee is excluded.
10.4 The customer is obliged to adequately secure the already existing data on the computer systems before installing any software whatsoever purchased from Chipsee. Chipsee is not liable for any loss of data.
11.1 Liability under the Product Liability Act remains unaffected.
11.2 With regard to property damage (damage of things), any possible liability of Chipsee for infringement of essential contractual obligations (cardinal duty) is limited to the foreseeable typical and average damage.
11.3 As far as Chipsee violates non-essential contractual obligations only with slight negligence, the obligation to pay compensation is limited to the contract value.
12. Data Protection and Change of Address
12.1 The customer agrees that the personal data included in the purchase agreement is stored and processed by Chipsee in fulfillment of the contract within the borders of data protection law.
12.2 As long as the contractual transaction is not fulfilled by both parties, the customer is obliged to inform Chipsee immediately about any changes in his core data (address, etc.). In the case of omission of such information, the data recently provided to Chipsee by the customer is deemed valid. Chipsee is not liable for damages or losses caused by the customer’s omission to the timely inform Chipsee about a data change.
13. Choice of Law and Forum, Contract Language, Place of Fulfillment and Final Provisions
13.1 The law of the People’s Republic of China, excluding the rules on the conflict of laws, is applicable to all legal relationships between the contracting parties. The UN Convention on Contracts for the International Sale of Goods (UNCITRAL) is not applicable and is expressly excluded.
13.2 The contract language for contracts with (i) customers seated in Chinese-speaking customers is Chinese. Regarding all other contracts, the contract language is English.
13.3 Unless stipulated otherwise by mandatory law, Chipsee’s headquarter office in Beijing (China) is both, place of delivery and legal venue regarding any and all claims in connection with contracts concluded by Chipsee’s including legal disputes on whether such contract has been validly concluded at all.
13.4 If any provision of the contract between the customer and Chipsee’s including these terms and conditions are or will be completely or partially invalid or should contain void provisions, the validity of the remaining provisions shall not be affected.
14. Customer Information
Contractual partner is:
Chipsee Co., Limited
Xinyuan Science Park B406
97 Changping Road, Changping District
CEO: Dr. Xu Jun