Standard Conditions and Terms of Service
All orders accepted by ECVV are subject to the Standard Conditions and Terms of Sale set out below:
(Version updated July 2020)
By accessing or using the ECVV website services in any way, you have fully read, understood, and agreed that you have entered into this agreement with ECVV, and you will be bound by the terms and conditions of this agreement ("Terms"). ECVV may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes.
1.1 All orders for products and services on the ECVV website“ https://www.ECVV.COM.KW/” (the "ECVV website") accepted by ECVV Network Technology Corp., Ltd (“ECVV”) are subject to these conditions and terms of sale. No other terms will apply to the supply of products and services by ECVV unless agreed in writing by an authorized signatory of ECVV or expressly stated otherwise in these conditions and Terms of Sale.
1.2 All descriptions of the products and services contained on the ECVV website or otherwise communicated to any purchaser of such products or services (the “Customer”) are approximate only and shall not form any part of the contract between ECVV and the Customer. ECVV shall not be liable for any error or omission on the ECVV website, ECVV catalogs, or other product advertisements. The advertisements of products and services on the ECVV website are not an offer capable of acceptance; it merely constitutes an invitation by ECVV for the Customer to make an offer to purchase products and services. ECVV's acceptance of the Customer's order will take place when ECVV confirms pricing and delivery dates to the Customer in writing, at which point a contract will come into existence between ECVV and the Customer.
1.3 These conditions and terms of sale do not apply to export transactions, nor to Product Plus Products, to which separate conditions and terms of sale apply.
1.4 ECVV is an intelligent E-commerce website and intended for use by business customers and private individuals acting as consumers(“Consumers”). Notwithstanding the foregoing, nothing in these conditions and terms of sale shall affect the statutory rights of a Customer who deals as a consumer.
1.5 The Customer's particular attention is required for clause 11, which sets out certain limitations of ECVV's liability.
2.1 The prices of the products and services are as set out on the ECVV website. Despite our efforts, occasional pricing errors may occur in the ECVV catalogs and websites, and ECVV reserves the right to correct or change such pricing errors without notice. ECVV further reserves the right to cancel any and all orders resulting from such pricing errors, even if the Customer has received an order confirmation from ECVV.
2.2 The price of an ordered product or service will be set out on the ECVV website at the time of order acceptance by ECVV, except for products or services ordered for delivery at a future specified date (“forward orders”). The price for forwarding orders may be varied by ECVV after the date of order acceptance by written notice to the Customer.
2.3 All prices are excluding VAT, which ECVV will add at the rate applicable at the date of order acceptance.
3.1 ECVV reserves the right to decline to trade with any company or person. ECVV may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, email or facsimile within a reasonable period of receipt of the order by ECVV. Further, ECVV may cancel orders which have been accepted by giving written notice of such cancellation to the Customer by telephone, email or facsimile within a reasonable period of receipt of the order by ECVV. If ECVV rejects or cancels an order for which payment has been taken, it will refund the amount to the Customer as soon as reasonably practicable.
3.2 ECVV executes orders to the Customer's requirements, but may provide substitute products where requested by the Customer, or where the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer’s option) either be put on backorder to be fulfilled when ECVV next has available stock or be canceled and refunded to the Customer.
3.3 The Customer must submit orders using the ECVV stock numbers and the priced units used on the ECVV website and must specify which delivery option is required. Any confirmation of a previous order by the Customer must be marked 'CONFIRMATION ONLY' or otherwise clearly identified as a confirmation to avoid duplication. If the Customer orders the wrong product or number of products or duplicates orders, ECVV may refuse to accept the return.
3.4 All product order cancellations must be approved by ECVV, and may be denied or subject to restocking fees and other charges.
3.5 Customer shall not assign any order, or any interest therein, without the prior written consent of ECVV. Any actual or attempted assignment without ECVV's prior written consent shall entitle ECVV to cancel such order upon notice to the Customer.
4.1 Subject to any cancellation, substitution or non-fulfillment of Customer's orders in accordance with clause 3 (Ordering), ECVV will deliver the products specified in the Customer's order. ECVV may use third-party delivery agents to deliver products to Customers.
4.2 The Customer's delivery options, and the prices for them, are as set out on the ECVV website at the date of order or will be notified to the Customer at the time of order.
4.3 Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer's usual business address, unless otherwise agreed in writing.
4.4 ECVV will aim to deliver products in accordance with the times and dates for delivery quoted on the ECVV website or by ECVV's employees (the 'Quoted Delivery Times'), but Quoted Delivery Times are approximate only and ECVV shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.
4.5 If any delivery has not been made by the Quoted Delivery Time, then subject to the Customer notifying ECVV of such delay, ECVV will endeavor to ascertain if the product has been delivered and will inform the Customer about the delivery status or new expected delivery time. ECVV may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable ECVV may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.
5. Inspection, Delivery Delays and Non-Delivery
5.1 The Customer must inspect the products as soon as is reasonably possible after delivery or collection. The Customer shall, within 30 days of the date of delivery or collection, the Quoted Delivery Time or any updated estimated date for delivery, give notice to ECVV in detail of:
i. Any defect in the product that is apparent on reasonable examination. In this case, ECVV shall, at ECVV's discretion, replace the products or refund the purchase price. In any event, the Customer must refuse parcels delivered to it in a damaged condition;
ii. Any shortfall in products delivered. In this case, ECVV shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
iii. Any delivery of products not in accordance with the order. In this case, ECVV shall, at ECVV's discretion, replace the products or refund the purchase price.
5.2 If the Customer fails to give any such notice, the Products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. ECVV's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer unless proved otherwise by the Customer.
5.3 The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. ECVV shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, loss of profits, loss of productivity, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
6.1 If ECVV has not granted credit to the Customer, payment terms are telegraphic bank transfer or PayPal.
6.2 Credit terms (subject to satisfactory references and at ECVV's absolute discretion) are available. The Customer shall pay the price of the product or service by the 20th day of the month following the month in which the products are dispatched. All payments must be made without any set-off, deduction or counterclaim.
6.3 If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:
i. all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date;
ii. for outstanding sums of $499.99 or more, ECVV may charge the customer a 0.05% compensation on the overdue total amount on a daily basis as an estimate of ECVV's management and other waste costs incurred by ECVV;
iii. ECVV may also charge the Customer interest from the due date until payment is made in full (both before and after any judgment) on the amount unpaid at a rate that is calculated at the monthly compound interest rate of the bank's benchmark interest rate announced by the People's Bank of China.
7. Risk and Ownership
7.1 In the case of products to be delivered to the Customer's property, risk of loss of or damage to the products shall pass to the Customer on delivery, unless the Customer wrongfully fails to take delivery of the products, in which case such risk shall pass to the Customer at the time when ECVV has attempted to deliver the products. In the case of products that the Customer orders to be collected from an ECVV trade counter, the risk of damage or loss to the Products shall pass to the Customer at the time of collection.
7.2 Ownership of any product supplied shall not pass to the Customer until full payment of the purchase price of the products and of all other amounts owing to ECVV has been made (in cash or cleared funds). If the Customer is late in paying any sum to ECVV, then ECVV shall be entitled to the immediate return of all products where ownership has not passed to the Customer. The Customer authorizes ECVV and its agents to recover any such products in such circumstance and to enter any premises of the Customer for that purpose.
7.3 Demand for or recovery of the products by ECVV shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or ECVV's right to sue for the whole of the price.
8. Product and Availability Information
8.1 ECVV reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous plan of product improvement, or to assist product availability, and such changes may take place during the life of any ECVV catalog. The most up-to-date information on the availability and design of the products ECVV supplies is available on the ECVV website.
8.2 Unless otherwise confirmed in writing, nothing on the ECVV website or in any ECVV catalog is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
9.1 ECVV warrants that no product purchased from ECVV is materially defective.
9.2 In the event of any such product being materially defective, and subject to the provisions of clause 5 (Inspection, Delivery, Delays and Non-Delivery) surrounding defects apparent on delivery, ECVV will (at its option) replace or repair the product or refund the purchase price.
9.3 ECVV warrants that any service purchased from ECVV will be provided using reasonable care and skill. If any such service falls short of this standard, ECVV will, at its option, either re-provide the service or supply to the Customer free of charge a substitute product in place of the defectively serviced product.
9.4 These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions or any repair or modification made without the consent of ECVV.
9.5 The remedies set out in this clause 9 shall be the Customer's sole remedies for any breach of warranty and in respect of the supply or non-supply of products and/or services.
9.6 The availability of the remedies set out in this clause 9 is subject to:
i: a claim being made in writing to ECVV, prior to the return of any defective product, and within 3 months of the original date of dispatch or date of service, or such other periods as may be indicated by ECVV for specific products or services from time to time in writing; and ii. the Customer returning or disposing of the relevant products, or making them available for collection by ECVV, in accordance with ECVV's instructions and suitably packaged. In particular, for any returns, the Customer must obtain a returns number from ECVV and quote this on all paperwork, and state the original invoice number in respect of the products and the nature of any claimed defect. Proof of purchase from ECVV is required for all returns.
9.7 Where the Customer returns defective products otherwise than in accordance with these provisions, ECVV may refuse such products and return them to the Customer at the cost of the Customer.
9.8 Any products which are replaced by ECVV shall become the property of ECVV. Title to replacement products shall pass to the Customer in accordance with the provisions of clause 7 (Risk and Ownership), and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.
9.9 The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made fraudulently) other than any remedy it may have set out expressly in these conditions and terms of sale.
9.10 Save as expressly provided in these conditions and terms of sale, all implied warranties, conditions and terms (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill).
9.11 Except as required by law, ECVV will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on ECVV by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
10. Export Control and Limitations of Use
10.1 Certain products sold by ECVV are subject to export control regulations of the United Kingdom, the United States of America, the European Union and other countries (“Export Laws”). The Customer shall comply with such Export Laws and obtain any license or permit required to transfer, export, re-export or import the products.
10.2 The Customer shall not, directly or indirectly, sell, permit to be sold, dispose of, export, re-export or otherwise provide products to any country or entity under sanction or embargo administered by the United Kingdom, the United States of America, the European Union or other country.
10.3 The Customer certifies that products purchased from ECVV will not be used, sold or incorporated into products used directly or indirectly in the design, development, production or use of chemical, biological or nuclear weapons, delivery vehicles and systems of the same or in the development of any weapons of mass destruction.
10.4 Products sold by ECVV are not recommended or authorized for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
10.5 Classifications of product for export purposes, including ECCN and Harmonized Tariff codes, are made for internal use by ECVV only. Such information is provided by ECVV in good faith based on the information available to it at the time of compilation. ECVV makes no warranty or representation that such information is up to date or correct, and shall not be liable to the Customer for any form of loss or damage suffered by the Customer as a result of reliance upon such information. Use of the information is done so at the Customer’s own risk with no recourse to ECVV. The Customer is responsible for ensuring compliance with all applicable export legislation, including determining the correct classification of an item at the time of any onward export.
11.1 ECVV shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits, productivity, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the ECVV technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
11.2 ECVV shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits, loss of productivity or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between ECVV and the Customer, or of any order accepted by ECVV; (ii) any duty of any kind imposed on ECVV by law arising out of or in relation to the contract between ECVV and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these conditions and terms of sale.
11.3 If notwithstanding any other provisions in these conditions and terms of sale including without limitation clauses 9 (Warranties and Remedies), 10 (Limitations of Use) and 11 (Liability), any liability attaches to ECVV, ECVV's liability to the Customer arising out of or in connection with these conditions and terms of sale or any order whether in contract, tort or otherwise in respect of one or more of (i) any express or implied terms of the contract between ECVV and the Customer, or of any order accepted by ECVV; (ii) any duty of any kind imposed on ECVV by law arising out of or in relation to the contract between ECVV and the Customer or the order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these conditions and terms of sale, shall be limited in the aggregate to $10,000 or the total value of the order, whichever is greater.
11.4 Nothing in these conditions and terms of sale (including without limitation this clause 11) shall exclude or limit the liability of ECVV for death or personal injury caused by the negligence of ECVV or its employees, agents or sub-contractors, or for fraud or anything else which cannot by law be limited or excluded.
12. Force Majeure
A force majeure event is any event beyond the reasonable control of ECVV (including but not limited to strikes, traffic congestion, the downtime of any external line, or ECVV's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If ECVV is prevented or restricted from carrying out all or any of its obligations under these conditions and terms of sale by reason of any force majeure event, then ECVV shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, ECVV may cancel the affected order or cancel the whole or any part of these conditions and terms of sale, without any liability to the Customer.
13. Intellectual Property Rights
13.1 The Customer acknowledges that ECVV and its licensors own the intellectual property rights in the ECVV website, the ECVV catalogs, the catalog content, and the stock numbers, and that their whole or partial reproduction without ECVV's prior written consent is prohibited.
13.2 ECVV does not warrant or give any assurance to the Customer that any products supplied do not infringe the intellectual property rights of any third party.
14.1 The Customer shall (and shall procure that persons associated with it or other persons who are providing goods or services in connection with these Conditions and terms shall) comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption, and shall:
i. not (directly or indirectly) induce any employee, agent or subcontractor of ECVV to make any concession to or confer any benefit on the Supplier, refrain or withhold from doing any act, in return for any gift, money, or other inducements; ii. not do or omit to do any act that will cause or lead ECVV to be in breach of any of the Relevant Requirements; and iii. promptly report to ECVV any request or demand for any undue financial or other advantages of any kind received by the Customer in connection with these Conditions and terms.
14.2 The Customer is informed that:
i. ECVV employees are not permitted to accept gifts of more than token value, loans, excessive entertainment or other substantial favors from any company or individual that does business with ECVV or seeks to do so; ii. ECVV employees are not permitted to solicit gifts or other favors from any company or individual that does business with ECVV or seeks to do so; and iii. entertainment of ECVV employees is acceptable only if it has a justifiable business purpose. It should be of a reasonable nature and such that ECVV's employees, agents or contractors, can reciprocate.
14.3 Financial restrictions on gifts and entertainment are contained in ECVV's Anti-Bribery Policy and further details are available on request.
14.4 Any breach of this clause 14 shall be a material breach of these conditions and terms which is incapable of remedy.
15.1 All disputes arising from or in connection with the Contract shall be settled through friendly negotiations. In case no settlement is reached, the case shall then be submitted for arbitration to China International Economic and Trade Arbitration Commission (CIETAC), Shenzhen Commission in accordance with its rules in effect at the time of applying for arbitration. The award of the arbitration shall be final and binding upon both parties. The Arbitration fee shall be borne by the losing party unless otherwise awarded by the arbitration organization. During the course of the arbitration, the Contract shall be performed except for the part under arbitration.
16. 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.