Proprietorship

Xcel (Hong Kong) Limited(hereafter referred to as Xcel) is the owner of Ebuychina.com website(hereafter referred to as Ebuychina) for all practical purposes. Dsigncell Ltd are contracted with maintenance of the site.

• Any and all orders and transactions made or processed through this website are subject to, and shall constitute acceptance of and agreement to, these Xcel Terms & Conditions, as amended and/or supplemented by any other product-specific Additional Terms & Conditions, if applicable (see below).
• Please note that other Additional Terms & Conditions may apply to specific products. Such Additional Terms & Conditions (if any) are posted and available on the applicable product page. In the event of any conflict or inconsistency between the provisions of these Xcel Terms & Conditions and the provisions of the applicable Additional Terms & Conditions (if any), Terms & Conditions deemed suitable by Xcel shall prevail.
• We may amend these Terms & Conditions at any time, by posting the amended version on this website.
  
  Disclaimers

• Please note that we are not the actual manufacturer and/or the original supplier of any of the products in this website. These products are procured by us from the actual manufacturer(s) and/or original supplier(s) once your orders are placed.
  
  Accordingly, except as otherwise expressly provided in these Terms & Conditions or in the applicable Additional Terms & Conditions (if any):
1. we do not make any representation or warranty whatsoever (whether express or implied) in respect of any of the products in this website, including (but not limited to) any representation or warranty as to use, operation, condition, quality, merchantability, suitability, fitness for any purpose, non-infringement of any intellectual property or other rights, or compliance with or non-violation of any law or regulation; and
2. we expressly disclaim, do not assume and shall have no responsibility or liability whatsoever in respect of, or arising from or in connection with, or in any way relating to or associated with, any of the products in this website or the advertising, offering, sale, delivery, export or import thereof, including but not limited to any responsibility or liability for any compensatory, direct, indirect, incidental, special or consequential loss or damage; or any loss of data, business, opportunity, income, revenue or profit; or any loss of or damage to property; or any claim of or by any third party.
• Without affecting the generality of the above disclaimers and exclusions, please note in particular that, as we are not the actual manufacturer and/or original supplier of the products in this website, we are unable to and do not warrant the legitimate intellectual property status of such products and we cannot and shall not be responsible or liable in the event of any intellectual property infringement claims, actions, problems or consequences arising from or in connection with such products.
• We shall not be liable for any delay, breach or failure of performance due to, or arising from or in connection with, any cause, reason or event beyond our reasonable control, for example (but not limited to) any act of God; any fire, flood, explosion, storm, typhoon, hurricane, earthquake, tsunami or disaster; any theft, robbery or vandalism; any disease outbreak or epidemic or quarantine restriction; any notice, order, direction, instruction, request, requirement, act or omission of any governmental, regulatory, legislative, executive, judicial, civil or military authority, agency or body (including any customs authority); any national emergency, insurrection, riot, civil commotion, war or warlike operation; any act of terrorism; any strike, lockout, work stoppage or labour dispute, trouble or difficulty; any delay in shipping or transportation; any manufacturer, supplier or product unavailability or shortage; or any breach, delay, fault, act or omission of any product manufacturer or supplier, or any of our service providers (including our warehousing, logistics, shipping or delivery service providers), or any other third party.
  
  This disclaimer super cedes any applicable laws in the country of origin or destination. Your entering into a transaction on this website expressly agrees to such.
  
  Refunds/claims for any occurrence are solely to be entertained at the discretion of Xcel (Hong Kong) Limited.
  
  Even in such a case, maximum refund shall not exceed value of the purchase price of product on this site (not including, shipping/handling charges or any interest or any additional charge/value).
  
  

• You hereby represent and warrant that you have all lawful rights (including but not limited to any and all applicable governmental or regulatory permits, consents, approvals or licences) necessary to place your order or to transact for, to purchase and pay for, to import and take delivery of, and to use or further transact in, the product(s) concerned and to perform all of your associated obligations, activities and transactions, and that such ordering, transaction, purchase, payment, importation, taking of delivery, use, further transaction and/or performance do not and shall not infringe any right of any person or entity or violate any applicable law or regulation.
• You agree to indemnify, defend and hold harmless us (and our parents, subsidiaries and affiliates) and any of our (or their) directors, officers, employees, agents, representatives, contractors and product or service suppliers, from and against any and all claims, losses, damages, liabilities, suits, actions, proceedings, judgments, fines, penalties, costs and expenses (including legal fees and disbursements on a full indemnity basis) arising from or in connection with any breach of any of your representations, warranties, undertakings, agreements and/or obligations hereunder.

Co-operation in Legal or Regulatory Proceedings

• You agree that (i) you shall upon our request furnish us with copies of any notices and/or other documents from customs and/or other governmental or regulatory authorities and/or customs brokers, relating to the shipments and/or products concerned; (ii) we are hereby authorized by you to request for, procure and obtain any notices, information and/or documents directly from customs and/or other governmental or regulatory authorities and/or customs brokers, relating to the shipments and/or products concerned; and (iii) you shall provide us with any and all relevant information and documents requested by us, and shall co-operate reasonably with us, in connection with or the purposes of our investigating, responding to and/or dealing with any customs and/or regulatory enquiries, investigations, seizures and/or actions, and/or any other legal or regulatory proceedings, relating to the shipments and/or products concerned.

• Destinations: We ship to virtually any country in the world. Note there are some restrictions on some products, and some products cannot be shipped to certain destinations. If we are unable to ship your product, we shall contact you.
• Costs: The shipping rates shall be advised to you by email once details such as
  total purchase value, volume and weight, destination and preferred mode of
  shipment have been finalized with you.
• Shipping Availability Date:

For items in stock, they shall be available for shipping within ten (10) business days after payment has cleared and been received by us in full.

For items out of stock, we shall notify you of the expected product availability date.

You shall receive a shipping confirmation e-mail once the products have been shipped.

• Delivery Date: All shipments shall be delivered via the shipping method you selected. Shipment time shall vary depending on your location and preferred shipping method.
  You shall be advised an estimated delivery date upon finalizing your order.
• Please note, however, that any shipping availability or delivery dates, times or periods mentioned here, or otherwise quoted or communicated to you in any form or manner, are mere estimates and are not guaranteed, and may be subject to delays for a variety of reasons, some of which may or may not be within our control. For example, in some cases, your customs authority may hold your products which may delay the delivery date. Except as provided in the next paragraph, we shall not be responsible or liable for any late or non-delivery (for whatever cause or reason, and whether or not within our control).

If any product is not released for delivery to you within fifteen (30) days from the date on which your order or transaction was accepted and your payment was received, or from the applicable estimated or quoted delivery date, whichever is the later, then either party may reject, cancel or terminate your order or transaction, in which event our sole and exclusive liability, and your sole and exclusive remedy, in respect of the late or non-delivery and the resulting rejection, cancellation or termination, shall be only a refund (without interest) of any payment you may already have made for such order or transaction.

In case of purchase of more than one product, the delivery date quoted for the
product which is estimated to be available last shall apply to the entire order.

• Insurance:

For all shipments, we recommend that you purchase shipping insurance to cover against the risk of loss and damage during the transportation process. At present we do not provide insurance services and insurance must be covered by you independently. If you chose not to, please be aware that risk of loss and damage during the transportation process in on you.

All items are carefully packed and addressed for export delivery. Deliveries shall generally include customary one-way standard export packaging. (If, as an exception, we take over the packaging costs, then such costs shall be calculated on the basis of verifiable net costs.) However, should items nevertheless become damaged or lost during the transportation process, we shall not be responsible or liable therefore.

• Import duties (e.g. in the U.S.) or other duties, and VAT or other taxes, may be applicable in your country. If they are applicable, they would be levied and determined when the shipment goes through customs in your country. Please therefore check your country's import policy to understand and ascertain the applicability of and your liability for any such duties or taxes.
  
  It is solely your responsibility to ensure the smooth transition of your shipment through customs and other regulatory authorities in your country. It is your responsibility to either understand and follow the applicable laws and/or contract a broker/agent for the same.
• All applicable duties and taxes, if any, are not included in the purchase price of your order or transaction. If they are applicable and levied, then they are your (and not our or the product manufacturer's or supplier's) sole and exclusive responsibility, and shall be paid by you directly to your government or to your customs broker/agent, to the courier company(for courier/air shipments), when the products are delivered.
• We shall not be responsible for any shipping or customs delay since this is outside our control.

• Each country may have its own certification requirements for certain products. We do not make any representation or warranty whatsoever that any product in this website meets or complies with any such certification requirements. It is your own responsibility to ensure that individual products meet and comply with the certification requirements of your country before you purchase the product. If you have a specific question about a product, please contact our Customer services at manager@ebuychina.com directly. However, please note that, notwithstanding any information or advice that our Customer Services may provide to you, we shall not be liable whatsoever for any failure or inability of a product to meet or comply with applicable certification requirements.

• The following payment methods are accepted:

• For payment by bank transfer (T/T), please contact customer service manager@ebuychina.com for details.
• Please note that we require advance payment in full, before accepting and processing your order or transaction. Accordingly, we reserve the right not to accept or process your order or transaction, unless and until your payment for the order or transaction has actually cleared and been received by us in full.

• Please note that sometimes products in this website may be or become unavailable, or may be available but only in lesser or limited quantities (for example due to extremely quick turnovers of certain popular items), or may be or become subject to shipping availability or delivery delays.

In such circumstances, we shall notify you and discuss with you different options available at that time (if any), for example, a postponement or extension of time for the order or transaction processing and delivery of the products concerned, or a restriction of your order or transaction quantity to a lower amount, or a cancellation or termination of your order or transaction.

If, however, it appears to us (in our sole and absolute discretion) that no such option is reasonably feasible, appropriate or available, or that no such option can or is likely to be agreed upon by the parties, then we shall have the right to reject, cancel or terminate your order or transaction, in which event we shall refund to you (without interest) any payment you may already have made for such order or transaction. Such refund shall constitute our sole and exclusive liability, and your sole and exclusive remedy, in respect of any non- or limited availability of products or any shipping availability or delivery delays (as the case may be), and the resulting rejection, cancellation or termination.

Return Policy

See separate page for Shipping and Returns Policy.

• We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of this website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery or non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to this website.

• We shall do our best to provide timely and helpful customer support to all interested buyers. If you find problems with our service, please contact us at Customer Services and we shall try to resolve any problem as quickly as possible.
• We reserve the right to reject, cancel or terminate any order or transaction without any reason or cause, in which case we shall refund to you (without interest) any payment you may already have made for such order or transaction. Such refund so made shall constitute our sole and exclusive liability, and your sole and exclusive remedy, in respect of such rejection, cancellation or termination.
• We reserve the right to modify our shipping and handling terms, return policy, and any other terms and conditions of these Terms & Conditions or any applicable Additional Terms & Conditions, with or without any prior notice.
• These Terms & Conditions shall be construed in accordance with and governed in all respects by the laws of the Hong Kong Special Administrative Region. You hereby agree to submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region and/or such other courts of competent jurisdiction as we may in our sole and absolute discretion deem fit.