Heaterk Terms and Conditions of Sale
This page and the documents expressly shown on this page set out information about us and when we sell you any products or services ("Commodities") featured on our website ("Our Site")—the legal terms and conditions (the "Terms") to which they are governed.
These Terms apply to any contract between us to sell goods to you ("Contract"). Please read these terms carefully before ordering anything on our website and make sure you understand the meaning of these terms. Please note that you agree to be bound by these Terms and the other documents expressly outlined in these Terms by ordering any of our products.
Before placing an order, you will be asked to confirm your acceptance of these terms. If you refuse to accept these terms, you will not be able to order anything from our website. You should print a copy of these Terms or keep it on your computer for future reference.
1. About us
1.1 We operate the website www.heaterk.com. We are Heaterk Fire Insulation Materials Co., Ltd., a company incorporated in the People's Republic of China (from now on, referred to as "China" and for these terms only, excluding Hong Kong Special Administrative Region, Macau Special Administrative Region, and Taiwan) (Uniform Social Credit Code: 913100000764642151), located in Huangtang Industrial Zone, Xuxiake Town, Wuxi City, Jiangsu Province, China.
1.2 To contact us, please see the Contact Us page.
2. Our products
2.1 The images of the products on our website are for visual illustration purposes only. While every effort has been made to display colors accurately, we cannot guarantee that your computer's color display will accurately reflect the product's color. Your item may differ slightly from these images.
2.2 While every effort has been made to be as accurate as possible, all sizes, weights, capacities, dimensions, and measurements on our website may have tolerances.
2.3 The merchandise packaging may differ from the packaging shown on our website.
2.4 All items shown on our website are subject to availability. If the item you ordered is out of stock, we will you as soon as possible, and we will not process your order.
3. Use of our website
4. How we use your personal information
5. If you are a consumer
Section 5 below applies only if you are a consumer.
5.1 If you are a consumer, you should have the corresponding civil capacity to purchase goods from our website.
5.2 As a consumer, if the product is defective or does not match the description, you have legal rights according to the Law of the People's Republic of China on the Protection of Consumer Rights and Interests. Nothing in these Terms affects these legal rights.
6. If you are a corporate customer
The sixth provision below applies only if you are a corporate customer.
6.1 If you are not a consumer, you should confirm that you have the right to use our website to purchase goods on behalf of the business you represent.
6.2 These Terms and any documents expressly referred to constitute the entire agreement between you and us, superseding and voiding all prior agreements, promises, warranties, guarantees, representations, and understandings (whether or not) between us concerning the subject matter. They were written or oral).
6.3 You acknowledge that, in entering into this contract, you have not relied on any representation, representation, warranty, or guarantee (whether made inadvertently or negligently) which is not set out in these Terms or any document expressly stated in these Terms.
6.4 You and I have agreed that neither of us shall have any claim against accidental or negligent misrepresentation or negligent misrepresentation based on any statement in this contract.
7. How the contract is concluded
7.1 Our ordering process allows you to review and correct any errors before submitting your order to us. Please take the time to read and review the order on each ordering process page.
7.2 After placing an order, you will receive a notification from us confirming that we have received your order. However, please note that this does not mean that your order has been accepted. We will only accept your order in the circumstances described in clause 7.3 below.
7.3 We will confirm that we have accepted your order by sending you a notification confirming that the item has been shipped ("Delivery Confirmation"). The contract between the parties will only come into effect after sending you a shipping confirmation. However, when you, as a consumer, need to place an order and pay for the goods for living consumption, after your payment is successful, You will establish the contract between you and us on the part of the goods for which the payment has been paid.
7.4 If we are unable to supply you with an item (for example, because the item is out of stock or no longer in production, or due to a price error on our website, as described in clause 11.5 below), we will you as soon as possible, and we will not process your order. If you have already paid for the item, we will issue a full refund as soon as possible.
8. Right to Return and Refund as a Consumer
Article 8 applies only if you are a consumer.
8.1 If you are a consumer, you have the right to withdraw from the contract within the period stated in clause 8.2 below. This means that within that period if you change your mind or decide for any other reason that you do not wish to purchase an item, you can us of the cancellation of the contract, and we will issue a refund to you.
8.2 Your legal right to rescind the contract shall begin when the contract between the parties is established.
a) If the goods have been delivered to you, you have seven days to cancel the contract and request a return, which period starts from the date you receive the goods;
b) If the goods are not opened, you have 30 days to cancel the contract and request a return, which starts from the date you receive the goods.
8.3 If you exercise your right of withdrawal, we will refund you the total price paid for the item and any associated delivery fees you have paid. We will process refunds as soon as possible and in any case within the following timeframes (where otherwise provided by law, as required by law):
a) if the item has been shipped, seven working days from the date we receive the corresponding item returned; or
b) If no goods are delivered, seven working days from the date we receive the notice of cancellation of this contract.
8.4 You must return the goods at your own expense after you you of the cancellation, with the original packaging and order label, and ensure that you get the receipt for delivery so that you can keep it on file. Please note that we may not be able to accept returns if you fail to package the item properly to avoid shipping damage or fail to store the item correctly. Otherwise, upon receipt of the item (in undamaged condition), we will refund the total purchase price to the card or other purchase method you used to make the purchase. Please confirm the return address with the customer service staff.
8.5 The above in this clause eight does not apply if you purchased a service instead of a product.
8.6 As a consumer, you have legal rights if the goods are defective or not as described. Nothing in these Terms affects these legal rights.
9.1 Please check the estimated delivery date of the item you ordered through the logistics information listed in the delivery confirmation.
9.2 The delivery will be declared complete when we have delivered the item to the address you provided.
9.3 The Merchandise (including the associated risks) will be solely your responsibility after delivery.
9.4 You will retain title to the Goods after delivery has been completed and payment has been received in full by us, including all associated delivery charges.
9.5 Please note that there are a small number of postcodes (usually in remote rural areas) that we cannot deliver within the stated time frame. See the Shipping Exceptions section for more details. If you have any questions about your order, please contact [[email protected]].
10.1 The prices of the Goods are as quoted on our website from time to time. We will use all reasonable care to ensure that item prices are accurate at publication. However, if you find that the price of an item you ordered is incorrect, please see clause 10.5 below for what to do in this case.
10.2 The prices of our products may change from time to time, but price changes will not affect any orders confirmed by shipping confirmation.
10.3 The price of the Goods includes VAT (if applicable), and the VAT rate is the relevant prevailing tax rate in China at the time of the purchase of the Goods. However, if the VAT rate changes between the date of your order and the delivery date, we will adjust the VAT you pay unless you have paid the item's total price before the VAT rate change takes effect.
10.4 The price of the Merchandise does not include any applicable delivery charges. Our delivery fee is quoted as [Free Shipping].
10.5 A large number of products are listed on our website. Despite our reasonable efforts, there is always the possibility that some items on our website may be misquoted. If we find that the price of an item is incorrect, we will you and give you the option of continuing to purchase the item at the accurate price or withdrawing the order. We will not process your order until we have received your instructions. If we cannot reach you through the contact information you provided during the order processing, we will treat the order as canceled and you in writing. Please note that we are not required to provide you with the wrong (lower) price if the price is mispriced, and you should reasonably be able to believe that the price is mispriced.
11.1 You must pay by T/T, L/C, PAYPAL, Western Union, VISA, MasterCard.
12. Our responsibilities (if you are a business)
Article 12 applies only if you are a corporate customer.
12.1 We provide the Goods for your internal business use only and you agree not to use the Goods for any resale purpose. We reserve the right to refuse or cancel your order if we have reasonable grounds to believe that your purchase is not for internal use only, or will be for resale, or otherwise violate the law.
12.2 We will not limit our liability in any way for:
1. Causes your personal injury; or
2. Damage to your property due to our intentional or gross negligence.
12.3 Subject to clause 12.2, in no event shall we be liable to you for any liability arising out of or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise:
1. Loss of profit, sales, business or revenue;
2. Loss or corruption of data, information or software;
3. Loss of business opportunities;
4. Loss of expected cost savings;
5. Loss of goodwill; or
6. Any indirect or consequential damages.
12.4 Subject to clauses 12.2 and 12.3, our overall liability to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for other losses arising out of or in connection with the contract is Under no circumstances shall the purchase price of the item be exceeded.
12.5 Unless expressly agreed otherwise in these Terms, we make no representations, warranties or promises regarding the Goods. Any representations, conditions or warranties implied or incorporated into these Terms by law, administrative regulation or other are excluded to the fullest extent permitted by law. In particular, we are not responsible for ensuring that products are suitable for your purpose.
13. Our responsibilities (if you are a consumer)
Article 13 applies only if you are a consumer.
13.1 If we fail to comply with these Terms, we will be liable to you for any loss or damage suffered as a foreseeable consequence of our breach of these Terms or our negligence, but we shall not be liable for any loss or damage which is unforeseeable. Loss or damage is considered foreseeable if it is evident that it was the result of our breach of contract, or was expected by you and us at the time of entering into the contract.
13.2 We offer goods for domestic or private use only. You agree not to use the Merchandise for any commercial, business or resale purpose and we shall not be liable for any lost profits, lost business, business interruption or lost business opportunity. We reserve the right to refuse or cancel your order if we have reasonable grounds to believe that your purchase is not for domestic or private use only, or for commercial, business or re-sale, or otherwise violates the law.
13.3 We will not in any way exclude or limit our liability for:
1. Causes your personal injury; or
2. Damage to your property due to our intentional or gross negligence.
14. Events beyond our control
14.1 We are not responsible or liable for any failure or delay in the performance of any of our obligations under the contract due to events beyond our control. Events beyond our control are as defined in clause 14.2.
14.2 Event beyond our control means any act or event beyond our reasonable control, including but not limited to third party strikes, lockout or other industrial action, civil unrest, riot, aggression, terrorist attack or threat of terrorist attack, war (whether or not open declaration of war) or threat of war or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, infectious disease or other natural disaster, or failure of public or private telecommunications networks, or inability to use shipping, air, motor transport or other Mode of public or private transportation.
14.3 In the event of an event beyond our control that affects the performance of our obligations under the contract:
1. We will contact you as soon as reasonably possible to you of this; and
2. Our obligations under the contract will be suspended and the time to perform our obligations will be extended for the duration of events beyond our control. If an event beyond our control affects our ability to deliver items to you, we will work with you to arrange a new delivery date after the event is over.
15. Communication between the parties
15.1 If we refer to "in writing" in these Terms, this includes e-mail.
15.2 If you are a consumer:
If for any other reason you would like to contact us in writing, you may send an email, or send a letter (prepaid) to the following address: Huangtang Industrial Zone, Xuxiake Town, Wuxi City, Jiangsu Province, China. You can also contact us through our customer service hotline.
15.3 If we must contact you or give you written notice, we will send it by email, SMS notification or prepaid mail to the address you provide in your order.
15.4 If you are a business:
1. Any notice or other communication from you to us or from us to you under or in connection with the contract shall be in writing and shall be sent by in-person delivery, prepaid mail or other next-day delivery services, e-mail sent, or published on our website.
2. A notice or other communication shall be deemed to have been sent: after leaving our registered office, if delivered in person, or on the second business day after delivery if delivered by prepaid mail or other next-day delivery service at 9:00 am; if sent by email, one business day after it is sent; if published on our website, it will be deemed sent immediately.
3. At the time of proving that any notice was given, it shall be considered sufficient evidence if it is a letter, if the letter is accurately addressed, stamped and placed in the mailbox, and if it is an electronic mail, if the electronic mail has been sent to the recipient. The specific email address of the person should be considered sufficient evidence.
4. The provisions of this Article shall not apply to the service of any procedural or other document in any legal proceeding.
16. Other important terms
16.1 We may assign our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may assign your rights or obligations under these Terms to another person only with our written consent.
16.3 This contract is between you and us. No other person has authority to enforce any term of this contract.
16.4 Each paragraph of these Terms stands on its own. If any court or relevant body finds any of these provisions unlawful or unenforceable, the remaining paragraphs shall remain in full force and effect.
16.5 If we fail to insist that you perform any of our obligations under these Terms, or if we fail to exercise our rights against you, or if we delay doing so, this does not mean that we have waived our rights against you, nor It does not mean that you are exempt from these obligations. If we do waive the prosecution for your breach of contract, we will do so in writing, and this does not mean that we will automatically waive the responsibility for your future breach of contract.
16.6 These Terms are governed by Chinese law.
16.7 The People's Court of China having jurisdiction in the location of Heaterk Fire Insulation Materials shall have exclusive jurisdiction to resolve any disputes or rights arising out of or in connection with the contract or its subject matter, formation (including non-contractual disputes or claims) claim.
17. Award-winning customer service
Heaterk's experts in Jiangsu, China are available Monday to Sunday from 9:00 am to 6:00 pm. Please call anytime.