DAIBOLA

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Conditions of Use

1. Scope

The following terms and conditions shall exclusively apply to offers and deliveries of DAIBOLA Trade Ltd., London, United Kingdom of Great Britain and Northern Ireland being the merchant offering goods via the on-line shops reachable via DAIBOLA.biz, DAIBOLA.co.uk, DAIBOLA.de, Electric-Bazaar.com, and ElectricBazaar.com shorted as “DAIBOLA” in the following.

2. General

The agreement between DAIBOLA and the customer is governed by the laws of the United Kingdom of Great Britain and Northern Ireland. Both DAIBOLA and the customer submit to the exclusive jurisdiction of the British courts in relation to any dispute concerning this agreement.

3. Customers

DAIBOLA only enters into agreements with customers who are either
a. individuals having full legal capacity and are over 18 years of age, or
b. legal entities. DAIBOLA reserves the right to rescind the contract if an offer of other individuals or entities than those mentioned above was accepted by mistake.

4. Contract

A contract between DAIBOLA and the customer will be concluded by the order of the customer, on the one hand, and the delivery of the ordered articles by DAIBOLA, on the other hand. Upon receipt of the order, DAIBOLA will send an e-Mail confirming this receipt to the costumer.

5. Returns

In order to reach maximum costumers´ satisfaction, DAIBOLA entitles their costumers to exercise an unlimited right of return within a period of three months after receipt of the articles. Excepted are only products which are specially ordered and thus not in the line of goods, products which are made for the costumer, or products which are modified following the costumer´s instruction. For sealed products such as software (not hardware drivers) and audio/video recordings, the data medium still must be sealed. Excluded are download products (software and A/V media files). The ware price will be added to the customer´s account balance and can then be transferred according to the costumer´s instructions.

The right of return can be exercised by declaring request for return in writing, e.g. by mail. The costumer then has to follow the procedure demanded by DAIBOLA. Concerning DAIBOLA, the costumer sending back goods from outside of the United Kingdom especially has to pay attention the the return of goods is not handled as an import by the British authorities.

6. Delivery

The costs of packaging, delivery and postage are calculated by the on-line shop system according to the weight of the ordered goods and the chosen way of delivery (such as standard, airmail or express). DAIBOLA may split one order into several deliveries without additional costs for the costumer, for example, if an article is not available for delivery. DAIBOLA delivers world-wide. Costs which result from downloading products (e.g. due to time or volume charge by the Internet provider of the customer) have to be paid by the customer.

7. Prices and Offers

All prices for goods on the DAIBOLA web-site include VAT at the relevant prevailing rate on the day of billing. The offers are subject to being sold. No responsibility is taken in case of incorrect price announcement or software errors of the underlying on-line shop system. The prices on the web-site may be displayed in different currencies for the convenience of the costumer. The currency of the United Kingdom is British Pound. DAIBOLA additionally accepts payments in Euro. Payments in other convertible currencies can be processed after acceptance by DAIBOLA.

8. Customer account and Payment

The total cost of product delivery (i.e. sum of product prices and delivery expenses) will be taken from the customer´s account. Value can be added to the customer´s account by direct bank transaction, by cheque, by on-line payment systems and by credit card. DAIBOLA will entitle a bank or a provider of on-line payment to process the payment. Bank fees and possible additional fees have to be payed by the costumer. The costumer is entitled at any time to ask the current balance of the customer account. Balance can be transferred to a bank account or on-line banking account on customer request.

9. Ownership

Goods remain the property of DAIBOLA until final payment has been received in full.

10. Warranty

10.1. DAIBOLA warrants that the goods will for a period of two years after the date of their delivery to customer (1) be free from any material defect which has an adverse effect on its use in accordance with this agreement; and (2) operate in all material respects in accordance with the manuals which relate to them.

10.2. If either of the warranties in clause 9.1 is breached, the customer must tell DAIBOLA as soon as possible. Before customer is allowed to do anything else about it, customer must give DAIBOLA a reasonable time to remedy the problem. This will be done without any additional charge to Customer. If DAIBOLA is unable to do this within a reasonable time or DAIBOLA does not think that it is a sensible way to deal with the problem, then DAIBOLA may if it wishes elect to take back the goods and to refund to customer all of the money which Customer has paid to DAIBOLA. If DAIBOLA decides to do this, then this will be the only remedy customer is allowed in relation to breach of either of the warranties concerned and DAIBOLA will not have any other liability in relation to them.

10.3. Excepts in relation to any warranties implied by law which cannot be excluded, or any express warranties in this clause 9, DAIBOLA hereby excludes all warranties to the customer. In particular, no implied terms relating to satisfactory quality or fitness for any particular purpose will apply. Customer is responsible for deciding whether or not the goods are suitable for Customer´s purposes and DAIBOLA will not be responsible for this. HOWEVER, NOTHING IN THIS CLAUSE 10 AFFECTS THE CUSTOMER´S STATUTORY RIGHTS.

11. Liability

11.1 To the extent permitted by the law of the United Kingdom of Great Britain and Northern Ireland and People´s Republic of China, DAIBOLA Trade and DAIBOLA Info Tech, respectively, shall not be liable (whether for breach of contract, negligence or for any other reason) for any death or personal injury, loss of profits, loss of sales, loss of revenue, loss of any data, or any indirect, consequential or special loss.

11.2 Subject to clause 11.1, DAIBOLA´s total aggregate liability under this agreement and in relation to anything which DAIBOLA has done or not done in connection with this agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited an amount equal to 125% of the total amount of the ordered ware value (sum of prices).

12. Age Requirement for Specific Goods

The law specifies a minimum age for the purchase of certain goods. You confirm that you are of the required age and that the goods are for your own use or that of another individual who is of the required age.

13. Force Majeure

DAIBOLA shall not be liable for the failure or delay of deliveries, or for damage or defects to products, due to any cause beyond reasonable control of DAIBOLA (e.g. strikes).

14. Exclusion of CISG

The UN-Convention of Contracts for the International Sale of Goods (CISG) is excluded.

15. Salvatory Clause

If any of the given terms and conditions are not covered by British law, the terms and conditions in question shall be interpreted in such a way that they meet as close as possible the law; the remaining terms and conditions shall be applied as given.

16. Design and Copyright

All forms of images, descriptions and layout are the property of DAIBOLA. Reproductions, in part or in whole, are strictly prohibited without the prior written consent of DAIBOLA.

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