Last updated: [Mar 24]
IMPORTANT:
Welcome to the Jmoon Official Shop.
Please read the following terms and conditions carefully. Limitation and liability exemption clauses may be highlighted in bold for your special attention, without prejudicing your sole responsibility of having read and understood these entire terms. If you use this website, you confirm that you understand, agree to and are bound by all of these terms.
These Terms and Conditions (“Terms”) constitute an agreement between Jmoon Group (Jmoon”, “our”, “we” or “us”), which operates the Website (defined hereinafter) and you, as a user who accesses and/or uses the Website in any manner (“user”, “you” or “your”) or uses any current or future service or functionality or offer made available on the Website, as updated from time to time.
The Terms govern your use of the Website and transactions thereon. These Terms are divided into two parts. By using the Website, you expressly agree to be bound by the Terms. If you do not agree to these terms, please do not access this website.
For the purposes of these Terms: (a) the “Website” means [Insert Link] and any other microsites falling within this website domain operated by Jmoon; and (b) the “Products” shall mean the variety of products offered for sale to you on the Website.
Our store is hosted by Shopify Inc. They provide Jmoon with an online e-commerce platform that allows us to sell our Products to you.
I. Terms and conditions OF usage of website
1. General
1.1 The Website provides a forum for you to discover, select and buy Products listed on the Website at the indicated price at any time, from the locations serviced by Jmoon. The terms and conditions for usage of the Website as set out herein (“Terms of Use”) govern your access and use of the Website.
1.2 Jmoon reserves the right to makes any changes to the Website, its content, display, features or functionalities or suspend or cease the operation of the Website for any reason, at any time without any notice to you.
1.3 You must have full legal capacity and be of sound mind to use the Website. If you are a minor, you may only use the Website through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision.
2. Use of the Website
2.1 You can use part of the features available on the Website, such as browsing content, without having a user account. You will need to register an account on the Website when you purchase any Product on the Website. You must make sure that all information that you submit during registration (including, but not limited to, information about your identity, mobile number, address, and email) is accurate. You are responsible for promptly updating your information if there is any change.
2.2 You are solely authorised to operate the account created by you, and remain solely liable for all the actions undertaken through your account. You should keep your account details safe and change the passcode regularly, and you agree to notify us immediately [by email to support.us@jmoon.com ] if you lose your account passcode or discover or suspect any unauthorised use of your account.
2.3 If you violate any of these Terms, Jmoon reserves the right to unilaterally suspend and/or deactivate your access, disable any user identification code or passcode, restrict, suspend or terminate your account, remove any inappropriate content in your account, request that you immediately stop or rectify the unlawful use, or, should the unlawful use and/or violation continue, Jmoon is entitled to respond and to take any lawful measures that we consider necessary.
2.4 You will indemnify and keep indemnified Jmoon, its officers, directors, employees, agents, licensors, suppliers, or other third party providers (collectively as “Representatives”) from and against all losses and liabilities for which any of them may become liable and against all actions, suits, proceedings, claims or demands of any nature whatsoever which may be asserted, taken or made against any of them, or which any of them may incur or which may arise directly or indirectly in connection with your breach of law, your breach of these Terms or any acts or omissions you commit that are not permitted by these Terms.
2.5 Without limiting clause 2.4, if you breach these Terms and to the extent permitted by law, you will be liable to Jmoon and its Representatives for any claim arising out of your breach. You will also be liable for any action taken by Jmoon as part of its investigation of a suspected violation of these Terms, or as a result of its findings or decision that a violation of these Terms has occurred.
2.6 In addition to the contractual rights and remedies available to Jmoon under these Terms, we shall have the right to any legal remedy against you to recover the loss suffered by us and our Representatives, as a result of your acts.
2.7 You represent, warrant and undertake that:
(A) you will only access and use the Website for personal, private and non-commercial purposes;
(B) you will not, and will not aid or assist any person to, access or use the Website for any commercial, unlawful or illegal purpose;
(C) you will at all times when accessing and using the Website comply with all applicable laws, regulations, policies and other requirements prescribed by any applicable regulatory authority or law enforcement body;
(D) you will not copy, reproduce, republish, change, reverse engineer, disassemble, decompile, dismantle, attempt to export the source code, decode, download, post, broadcast, transmit, make available to the public, adapt, alter or create a derivative work or engage in any other act that analyses or replicates the source code, structure and /or concept of the Website;
(E) you will not copy, redistribute or sub-license any of the Website’s content;
(F) you will not commit any act that may compromise the security of the Website, including but not limited to: use of unauthorised data or entry to unauthorised servers / accounts; entry to public computer networks or another person's computer system without authorisation, and/or delete, modify or add to the information stored within; attempt to check, scan or test the vulnerability of the Website, or other acts that may put the Website’s security at risk; attempt to interfere with, or damage the normal operation of, the Website, or engage in intentional dissemination of malicious software or viruses and / or other acts that may damage and disrupt normal network information services; or forgery of TCP / IP data packet names or parts of names;
(G) you will not engage in any activities that may compromise the fairness of the services provided by Jmoon, or otherwise affect the normal operating procedures of the Website, such as use of unauthorised third-party plug-ins or other illegal software, exploitation of software bugs (also termed loopholes or defects) to obtain unjustifiable gains, or publicise the above-mentioned unauthorised third-party plug-ins, illegal software or bugs online or by any other means.
3. Third Party Links
3.1 The Website may contain hypertext links to websites or pages created and maintained by third parties which are not affiliated with Jmoon. Activating such hypertext links may re-direct you to third party websites or services. We do not control or review any of these third party websites and services and, accordingly, we do not accept any liability for their content, products, services or offers, any consequences of their use, or any transaction between you and any such third parties. Accessing these third party websites and links shall be at your own risk.
3.2 You must not link the Website to any other website in such a way as to make it possible for a user to bypass the page containing these Terms.
4. Data Protection and Privacy
4.1 Your personal information will be collected, stored and processed in accordance with our Privacy Policy and applicable laws. Please read our Privacy Policy to learn about what personal information we collect, how we handle it and for what purposes we use it.
4.2 Where you have purchased our Products or subscribed to our newsletters, or you have provided your consent to be contacted for marketing, you agree that we may send you advertisements, promotion or publicity information (including commercial and non-commercial messages) about us, our Products and related goods and services. You have the right to withdraw consent to these marketing messages by clicking the “un-subscribe” option provided at the bottom of each marketing email sent to you.
4.3 The Website may contain hypertext links to other websites operated by third parties that may be of interest to you. Any information you provide to such third party websites or links will be subject to the privacy policy or similar terms of the third parties. To the extent such information is not accessed and used by Jmoon, our Privacy Policy does not apply to such information.
5. Security and Virus Protection
5.1 Although care is taken to check and test material at all stages of production, we cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using the Website or material derived from it. You assume full responsibility for the protection of your computer system including computer hardware, software and stored data on your computer system and hardware, software and stored data of third parties who may access, or be otherwise connected to, your computer system.
6. User Content
6.1 Any content, including but not limited to comments, photos, messages or information submitted, uploaded or posted by you, on behalf of you, or by other users on the Website (“User Content”) will be considered non-confidential and non-proprietary, to the extent permissible under applicable law. We reserve the right to disclose your information as necessary to any third party who claims that any User Content generated by you constitutes an infringement of third party intellectual property rights, or of their right to privacy.
6.2 We do not edit the User Content and do not warrant the nature, accuracy, integrity, appropriateness or quality of the User Content. However, we reserve the right to remove any User Content for any reason including if, in our reasonable opinion, such User Content is unlawful, intrusive, immoral, inappropriate, inaccurate, misinformative or offensive.
6.3 You warrant that any of your User Content does not and will not infringe any third party intellectual property rights. You are solely responsible for all User Content that you upload, post, email, transmit, or otherwise make available on the Website. We assume no liability for such User Content and you are solely responsible for any liability arising from or related to any User Content posted, uploaded or transmitted by you or on behalf of you on or through your account. You are entirely responsible for User Content and your use of such User Content.
7. Intellectual Property
7.1 For the purposes of these Terms, “intellectual property rights” means rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered anywhere in the world.
7.2 As between you and Jmoon, all intellectual property rights in or relating to Website (including information, communications, designs, logos, pictures, layouts, software, texts, graphics, links, methodologies, know-how, processes, technologies, tools, devices, documentations sounds and any other form of contents, excluding any User Content), are owned by Jmoon.
7.3 Jmoon grants to you a limited, revocable, non-transferable, non-exclusive license to use the Website for your own personal and non-commercial use. Any other use of the Website requires our prior written permission.
7.4 The Jmoon trademark, logo and any other trademarks, service marks, graphics, and logos used in connection with the Website are owned by Jmoon or its licensors. You are granted no right or licence to such trademarks, service marks, graphics, or logos.
7.5 With respect to all User Content you publish on or through the Website, you warrant that you are the right holder or have obtained legal authorisation on such content, and that your publications will not infringe the legitimate rights or interests of any third parties. You grant to us a non-exclusive, worldwide, royalty-free, perpetual, sublicensable and irrevocable licence to use, modify, license, display, post, publish, reproduce and translate into any languages, disclose to third parties, distribute, transmit or otherwise use such User Content, to the extent necessary to provide the Website to you and others, and from time to time to improve our products and services. In the event that any third parties raises any objections to the abovementioned information or content, we reserve the right to delete the relevant information or content and to take legal action against you. To the extent permitted by applicable law, you shall pay full compensation for any loss thus caused to us or any third party.
8. Disclaimers
8.1 You acknowledge and agree that the Website is provided to you on an “as is, as available” basis.
8.2 To the full extent permissible by applicable law, Jmoon and our Representatives:
(A) disclaim, and do not make any representations or warranties of any kind, express or implied, as to the operation of Website, its content, or any information made available by or through the Website, including but not limited to the implied warranties of merchantability, satisfactory quality, title, fitness for a particular purpose and non-infringement;
(B) do not warrant that use of the Website will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that the Website is free of viruses or other potentially harmful components;
(C) do not endorse the satisfactory quality, completeness, accuracy, non-infringement, compatibility, security, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed via the Website.
8.3 You acknowledge that there are inherent risks in using Internet-based services (including data privacy and security risks) and in view of the particular nature of Internet-based services, you understand and agree that we do not assume any responsibility for any losses (including but not limited to losses in property, revenue, data files, personal information and other aspects or other intangible losses) that you may suffer in the course of using the Website that arise in connection with events out of our control, including under the following circumstances:
(A) malfunction of or inability to operate or use the Website normally due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, cyber and terrorist attacks;
(B) interruption or delay or malfunction of or inability to operate or use the Website caused by system viruses, trojans, other malicious programs, hacker attacks, technical adjustments or malfunctions by telecommunication operators and Internet operating companies, system maintenance or any other reason beyond our control;
(C) interruption, termination or delay or malfunction of or inability to operate or use the Website caused by changes in applicable laws and regulations, orders and rulings of judicial, administrative, and other authorities;
(D) interruption or delay or malfunction of or inability to operate or use the Website due to internet connectivity issues; or
(E) losses or liabilities you may suffer due to your unlawful or improper use of the Website or any breach of these Terms by you.
9. Limitation of Liability
9.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our Representatives or for fraud or fraudulent misrepresentation; liability for damages caused by wilful misconduct or gross negligence; or any breach of the obligations implied by applicable consumer protection laws.
9.2 Subject to clause 9.1, in the event that we incur any liability in connection with these Terms and the operation of the Website and such liability is not otherwise limited or excluded by these Terms, our liability will be limited to the direct losses.
9.3 Subject to clause 9.1, our overall and aggregate liability to you in connection with your use of the Website will be limited to US$10.00 or an equivalent sum in the currency of the country in which you are based.
9.4 Subject to clause 9.1, Jmoon excludes all liability for indirect loss, consequential loss, loss of income, revenue, business or profits, or any loss of data or corruption of data in connection with your use of the Website. In addition, you acknowledge that the Website is intended for domestic and private use and we will not be responsible for loss of profit, loss of business, business interruption, or loss of business opportunity.
9.5 We are not liable to you for:
(A) any acts or omissions we make in accordance with any requests made by you; or
(B) any acts or omission we make (including disclosure of any information relating to you or your account) where such act or omission is required or permitted by applicable law or regulations, orders, rulings or requests of judicial, administrative, and other authorities;
(C) any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.
9.6 Termination of this agreement does not affect any rights or liabilities incurred by you or us prior to the date of termination.
10. Governing Law and Jurisdiction
10.1 These Terms are governed by the laws of Hong Kong, except as otherwise provided by any mandatory applicable law in your jurisdiction, in which case the governing law in relation to all or particular rights and obligations of the parties shall be the laws of your usual place of residence.
10.2 To the extent permitted by applicable law, in the event of a dispute arising out of or in connection with your use of the Website, Jmoon and you shall attempt, promptly and in good faith, to resolve any such dispute. In the event that no resolution can be concluded within 30 days from the date when such dispute has first been raised by either party, either party shall have the right to submit the dispute (which may be contractual or non-contractual) to the competent courts in Hong Kong as the exclusive dispute resolution venue, unless applicable mandatory laws in your jurisdiction prohibits from conferring such jurisdiction, in which case the courts of your usual place of residence will apply to such disputes related to these Terms. This does not affect your right to start proceedings to protect your legal position.
11. Language
11.1 Any translation of these Terms is done for local requirements or convenience and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law.
12. Contact Us
12.1 If you have any question regarding your use of the Website or any matter regarding customer protection, you may contact us as per our contact details below:
Contact Person: [BIN CHEN]
Email Address: [support.us@jmoon.com]
Postal Address: [202 Canal Street, Suite 303, 3/F., New York, NY 10013, USA]
13. Miscellaneous
13.1 If any provisions under these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these shall remain in full force and effect.
13.2 These Terms constitute the entire agreement between you and Jmoon with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Jmoon with respect to such use are hereby superseded and cancelled.
13.3 No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Jmoon. Any consent by Jmoon to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
13.4 Jmoon reserves the right to modify these Terms at any time.
(A) Such modifications and updated Terms will be communicated to you via email at the email address we have on file for you, SMS messages, and/or announcements on the Website. Your continued use of the Website constitutes your acceptance of the modified Terms. If you do not agree with such modified Terms, you must cease using the Website.
(B) To the extent required by applicable law, we will provide you a period of [two months] to object to the modified Terms in writing. You are deemed to have accepted the modified Terms if you do not explicitly raise your objection within the [two-month] period. We will inform you of the changes together with the information about the consequences of not objecting in writing during the period as per the preceding sentence. Changes to these Terms will apply from the time specified in our notice. In case this is not specified, any changes will apply from the point of information about the changes and the lapse of the period of [two months] without you objecting to the changes. If you object to the changes, you will be deemed as to terminate these Terms and shall no longer use the Website.
II. TERMS AND CONDITIONS OF SALE ON WEBSITE
1. General
1.1 The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between Jmoon and you and govern the terms and conditions on which you purchase our Products from us on or through the Website. By placing an order for any Product with us, you expressly agree to be bound by these Terms of Sale.
1.2 These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.3 You must have full legal capacity and be of sound mind to place an order or make a purchase for the Product on the Website. If you are a minor, you should ask your parent / legal guardian to place an order for you and you should use the Product only under the guidance and supervision of your parent / legal guardian.
1.4 Clause 10, 11 and 12 of the Terms of Use shall also apply to these Terms of Sale.
2. Our Contract of Sale
2.1 Listing and display of a Product by us on the Website is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on the Website by you is your offer to buy the Product from us.
2.2 The specifications of the Products are as set-out on the Website. We reserve the right to make any changes in the specifications of the Products that are required to comply with applicable legal, regulatory or certification requirements.
2.3 We endeavour to be as accurate as possible when describing our Products on the Website and transacting through the Website. However, to the extent permitted by applicable law, any typographical, clerical or other error or omission on any page of the Website or in any sales literature, quotation, pricing, email confirmation, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
2.4 Once you have placed an order with us for purchase of a Product, you will receive an e-mail confirming receipt of your order and containing the details of your order (“Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
2.5 We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail confirmation is sent to you that the Product has been shipped or dispatched to you (“Package Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending the Package Confirmation to you.
2.6 If your order is dispatched in more than one package, you may receive separate Package Confirmations for each package, and each Package Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Package Confirmation.
2.7 Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your domestic, personal, non-commercial purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. We reserve the right to, in our sole discretion, limit the quantities of Products purchased in one order, under the same user account, using the same credit card or payment account and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
2.8 You can cancel your order for a Product at no cost at any time before we send the Package Confirmation relating to that Product.
2.9 All orders placed on the Website are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.
3. Product Availability
3.1 We list availability information for the Products on the relevant webpage of the Website. Beyond what we say on that webpage or otherwise on the Website, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail if any Products you order turn out to be unavailable or out of stock.
3.2 We reserve the right to discontinue the provision of any Product at any time, or to limit the quantities of any Product that we offer.
4. Product Pricing
4.1 Our Website includes different regional versions, where all prices are listed in the local currency for each relevant region. Price, as displayed, is inclusive of value-added and/or consumption taxes.
4.2 Prices of our Products are subject to change without notice. Products in your shopping cart of the Website will reflect the most recent price as displayed on the Product’s information page on the Website. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. The prices listed on the Order Confirmation will be the prices charged (should your order be accepted).
5. Payment
5.1 Upon submitting an order and providing us with your payment details, you authorise us to deduct from the payment card / account the full price of the Product(s) and all other payments which may become due to us under the contract of sale.
5.2 The deduction of monies from your payment card / account does not signify our acceptance of your offer or the conclusion of the contract of sale. In the event that we reject your order, we will credit your payment card / account with the amount deducted.
5.3 If we are not able to obtain full payment for the Product(s) from you, we may suspend the delivery of the Product(s) or cancel the order. This does not affect any other rights we may have.
5.4 Where any Product is returned in accordance with the applicable law and our Return and Refund Policy, we will credit your payment card / account with the appropriate amount.
6. Delivery and Delivery Costs
6.1 We will use reasonable endeavours to deliver Products within the timeframe estimates set forth at the checkout page of the Website and/or in our Shipping Policy, but such estimates are approximate only. We shall notify you as soon as practicable in case of delay.
6.2 The delivery cost of the Products will vary depending on your location and the shipping method you choose (if applicable). Such cost (if any) is indicated during the checkout and on the Order Confirmation, and shall be borne by you.
7. Risk and Property
7.1 All Products purchased from Jmoon on the Website are subject to a shipment contract. This implies that the risk of damage or loss of such Products transfer to the buyer upon our delivery to the courier. It is important that you have provided us with accurate delivery address and clear delivery instructions to avoid any risk for loss and damage.
7.2 Notwithstanding delivery and the passing of risk in the Products, or any other provision of these Terms of Sale, the property in the Products shall not pass to you until we have received and cleared funds payment in full of the price and delivery costs (if any) of the Products.
8. Return and Refund
8.1 Please review the Return and Refund Policy on the Website, which applies to Products sold by us.
9. Taxes
9.1 Local taxes and import duties may apply in certain countries / regions, which are not incorporated into the price of the Products or the delivery cost.
9.2 You shall be responsible for payment of all such local taxes and import duties, and any associated fees / costs / charges.
10. Warranty and Limitation of Liability
10.1 Our terms and conditions on warranty of each Product are set out in the warranty booklet provided together with each Product you purchase, and also available on the Warranty page of the Website.
10.2 Subject to clause 9.1 of the Terms of Use, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall not extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss.
10.3 We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.
11. Miscellaneous
11.1 These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.
11.2 If any provisions of these Terms of Sale are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Sale, so that these shall remain in full force and effect.
11.3 No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Jmoon. Any consent by Jmoon to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
11.4 Jmoon reserves the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you place the order for the Product on the Website, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you).